[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6254 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 6254

   To amend title 18, United States Code, to reaffirm the intent of 
 Congress in the Sentencing Reform Act of 1984, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2006

Mr. Sensenbrenner introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 18, United States Code, to reaffirm the intent of 
 Congress in the Sentencing Reform Act of 1984, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sentencing Fairness and Equity 
Restoration Act of 2006''.

SEC. 2. REAFFIRMATION OF INTENT OF CONGRESS IN THE SENTENCING REFORM 
              ACT OF 1984.

    (a) Statutory Maximum.--Section 3553(b) of title 18, United States 
Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking the first sentence and inserting 
                ``Except as provided in paragraph (2), the court shall 
                impose a sentence of a kind, and no less than the 
                minimum of the range, referred to in subsection (a)(4) 
                unless the court finds that there exists a mitigating 
                circumstance of a kind, or to a degree, not adequately 
                taken into consideration by the Sentencing Commission 
                in formulating the guidelines that should result in a 
                sentence different from that described.'';
                    (B) in the second sentence, by inserting 
                ``mitigating'' before ``circumstance''; and
                    (C) by inserting after the second sentence the 
                following: ``The court may impose a sentence above the 
                minimum of the range, up to the maximum sentence 
                provided in the statute establishing the offense.''
            (2) in paragraph (2)(A)--
                    (A) by striking ``the court shall impose a sentence 
                of the kind, and within the range'' and insert ``the 
                court shall impose a sentence of a kind, and no less 
                than the minimum of the range'';
                    (B) by striking clause (i) and redesignating 
                clauses (ii) through (iii) as clauses (i) through (ii) 
                respectively;
                    (C) by striking ``In determining whether a 
                circumstance'' and inserting ``In determining whether a 
                mitigating circumstance''; and
                    (D) by inserting after the sentence amended by 
                clause (C) of this paragraph the following ``The court 
                may impose a sentence above the minimum of the range, 
                up to the maximum sentence provided in the statute 
                establishing the offense.''.
    (b) Conforming Changes.--Section 3553(c) of title 18, United States 
Code, is amended to read as follows:
    ``(c) Statement of Reasons for Imposing a Sentence.--The court, at 
the time of sentencing, shall state in open court the reasons for its 
imposition of the particular sentence. If the court relies on 
statements received in camera, in accordance with the Federal Rules of 
Criminal Procedure, the court shall state that such statements were so 
received and that it relied on the content of those statements. If the 
court does not order restitution, or orders only partial restitution, 
the court shall include in its statement the reasons therefor. The 
court shall provide a transcription or other appropriate public record 
of the statement of reasons, together with the order of judgment and 
commitment, to the Sentencing Commission and if the sentence includes a 
term of imprisonment, to the Bureau of Prisons.''.
    (c) Standards for Review of Sentence.--Section 3742(e) of title 18, 
United States Code, is amended by striking the last sentence and 
inserting ``The court of appeals shall review de novo any sentence 
imposed below the minimum of the range in the applicable sentencing 
guidelines. In any other case, the court of appeals shall determine 
whether the sentence was unreasonable.''

SEC. 3. UNIFORM NATIONAL STANDARDS FOR DOWNWARD DEPARTURES FOR 
              SUBSTANTIAL ASSISTANCE.

    (a) Substantial Assistance Policy.--Not later than 180 days after 
the date of the enactment of this Act, the Attorney General shall 
create and implement a new policy governing the filing of motions for a 
departure sentence reductions under Section 3553(e) of title 18, United 
States Code, Section 5K1.1 of the United States Sentencing Commission 
Guidelines Manual, and Rule 35(b) of the Federal Rules of Criminal 
Procedure. The policy shall include uniform guidance for--
            (1) the definition of substantial assistance in the 
        investigation of another person;
            (2) the process by which determinations regarding 
        substantial assistance is made; and
            (3) the criteria that govern the determination of the 
        extent of the reduction sought by the Government.
    (b) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Attorney General shall report to 
Congress the policy created pursuant to subsection (a).

SEC. 4. ASSURING JUDICIAL ADMINISTRATIVE RESPONSIBILITIES ARE PERFORMED 
              BY THE JUDICIAL BRANCH.

    Section 994(w)(1) of title 28, United States Code, is amended--
            (1) by inserting ``(other than a case involving a sentence 
        imposed for a petty offense, as defined in section 19 of title 
        18, for which there is no applicable sentencing guideline)'' 
        after ``every criminal case''; and
            (2) by adding at the end the following: ``The duties and 
        responsibilities set forth herein, or any portion thereof, 
        shall not be delegated to the executive branch''.
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