[Congressional Record Volume 162, Number 66 (Thursday, April 28, 2016)]
[Senate]
[Pages S2567-S2568]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3884. Mr. GRASSLEY (for himself, Mr. Durbin, Mr. Cornyn, Mr.
Whitehouse, Mr. Lee, Mr. Schumer, Mr. Graham, Mr. Leahy, Mr. Booker,
Mr. Cochran, Mr. Bennet, Mr. Kirk, Mr. Manchin, Mr. Sullivan, Mr.
Daines, Ms. Mikulski, and Mr. Nelson) submitted an amendment intended
to be proposed by him to the bill S. 2123, to reform sentencing laws
and correctional institutions, and for other purposes; which was
ordered to lie on the table; as follows:
On page 143, line 12, insert ``and for which the offender's
release from any term of imprisonment was within 15 years of
the commencement of the instant offense'' before the period.
On page 146, line 11, insert ``a term of imprisonment may
be reduced only if the defendant has not been convicted of
any serious violent felony and'' after ``offense,''.
On page 146, line 12, strike ``may''.
On page 146, beginning on line 15, strike ``, reduce the
term of imprisonment for the offense''.
On page 146, line 21, strike ``if such'' and insert
``finds''.
On page 147, line 7, insert ``, including a review of any
prior criminal conduct or any other relevant information from
Federal, State, and local authorities'' after ``section''.
On page 147, strike lines 11 through 20, and insert the
following:
(1) in subsection (f)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``or section 1010'' and inserting ``,
section 1010''; and
(ii) by inserting ``, or section 70503 or 70506 of title
46'' after ``963)'';
(B) by striking paragraph (1) and inserting the following:
``(1) the defendant does not have--
``(A) more than 4 criminal history points, excluding any
criminal history points resulting from a 1-point offense, as
determined under the sentencing guidelines;
``(B) a prior 3-point offense, as determined under the
sentencing guidelines; and
``(C) a prior 2-point violent offense, as determined under
the sentencing guidelines;''; and
(C) after paragraph (5), by inserting the following:
``Information disclosed by a defendant under this subsection
may not be used to enhance the sentence of the defendant
unless the information relates to a violent offense.''; and
On page 148, strike lines 15 through 25 and insert the
following:
``(h) Definition of Violent Offense.--As used in this
section, the term `violent offense' means a `crime of
violence', as defined in section 16, that is punishable by
imprisonment.''.
On page 149, line 13, strike ``or section'' and insert ``,
section''.
On page 149, line 14, insert ``, or section 70503 or 70506
of title 46,'' after ``963)''.
On page 150, strike lines 7 through 14 and insert the
following:
``(3) the defendant was not an organizer, leader, manager,
or supervisor of other participants in the offense, as
determined under the sentencing guidelines;
On page 150, line 20, insert ``, unless the defendant was a
minor or minimal participant, as determined under the
sentencing guidelines'' before the semicolon.
On page 151, between lines 8 and 9, insert the following:
``Information disclosed by a defendant under this subsection
may not be used to enhance the sentence of the defendant
unless the information relates to a violent offense.
On page 152, strike lines 10 through 20 and insert the
following: ``United States Code, is amended, in the matter
preceding clause (i), by striking `second or subsequent
conviction under this subsection' and inserting `violation of
this subsection that occurs after a prior conviction under
this subsection has become final'.''.
On page 153, line 8, insert ``a term of imprisonment may be
reduced only if the instant violation was for a drug
trafficking offense that did not involve a violation of
clause (ii) or (iii) of section 924(c)(1)(A) of title 18,
United States Code, the defendant has not otherwise been
convicted of any serious violent felony, and'' after
``offense,''.
On page 153, line 9, strike ``may''.
On page 153, beginning on line 12, strike ``, reduce the
term of imprisonment for the offense''.
On page 153, line 18, strike ``if such'' and insert
``finds''.
On page 154, line 4, insert ``, including a review of any
prior criminal conduct or any other relevant information from
Federal, State, and local authorities'' after ``section''.
Beginning on page 154, strike line 5 and all that follows
through page 155, line 23.
On page 156, line 1, strike ``106'' and insert ``105''.
On page 157, line 1, strike ``107'' and insert ``106''.
On page 158, line 1, strike ``108'' and insert ``107''.
On page 162, line 3, strike ``109'' and insert ``108''.
On page 162, line 25, insert ``and organized by Federal
district where applicable'' after ``paragraph (1)''.
On page 163, line 5, insert ``, including referrals from
investigative agencies of the Department of Justice,'' after
``prosecution''.
On page 166, between lines 12 and 13, insert the following:
SEC. 109. FENTANYL.
(a) Controlled Substances Act Amendment.--Section 401(b) of
the Controlled Substances Act (21 U.S.C. 841(b)) is amended
by adding at the end the following:
``(8)(A) In the case of a violation of subsection (a), if
the mixture or substance containing a detectable amount of
heroin also contains a detectable amount of N-phenyl-N-[ 1-
(2-phenylethyl) -4-piperidinyl] propanamide or any analogue
of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl]
propanamide, then a court shall--
``(i) not impose a term of probation; and
``(ii) in addition to the term of punishment for the
violation of this section, impose a term of imprisonment not
to exceed 5 years.
``(B) A term of imprisonment imposed on a person under
subparagraph (A)(ii) may not run concurrently with any term
of imprisonment imposed on the person under any other
provision of law.
``(9)(A) In the case of a violation of subsection (a), if
the mixture or substance containing a detectable amount of N-
phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] propanamide or
any analogue of N-phenyl-N-[ 1-(2-phenylethyl) -4-
piperidinyl] propanamide was represented to be or sold as
heroin, then a court shall--
``(i) not impose a term of probation; and
[[Page S2568]]
``(ii) in addition to the term of punishment for the
violation of this section, impose a term of imprisonment not
to exceed 5 years.
``(B) A term of imprisonment imposed on a person under
subparagraph (A)(ii) may not run concurrently with any term
of imprisonment imposed on the person under any other
provision of law.''.
(b) Controlled Substances Import and Export Act
Amendment.--Section 1010(b) of the Controlled Substances
Import and Export Act (21 U.S.C. 960(b)) is amended by adding
at the end the following:
``(8)(A) In the case of a violation of subsection (a), if
the mixture or substance containing a detectable amount of
heroin also contains a detectable amount of N-phenyl-N-[ 1-
(2-phenylethyl) -4-piperidinyl] propanamide or any analogue
of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl]
propanamide, then a court shall--
``(i) not impose a term of probation; and
``(ii) in addition to the term of punishment for the
violation of this section, impose a term of imprisonment not
to exceed 5 years.
``(B) A term of imprisonment imposed on a person under
subparagraph (A)(ii) may not run concurrently with any term
of imprisonment imposed on the person under any other
provision of law.
``(9)(A) In the case of a violation of subsection (a), if
the mixture or substance containing a detectable amount of N-
phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] propanamide or
any analogue of N-phenyl-N-[ 1-(2-phenylethyl) -4-
piperidinyl] propanamide was represented to be or sold as
heroin, then a court shall--
``(i) not impose a term of probation; and
``(ii) in addition to the term of punishment for the
violation of this section, impose a term of imprisonment not
to exceed 5 years.
``(B) A term of imprisonment imposed on a person under
subparagraph (A)(ii) may not run concurrently with any term
of imprisonment imposed on the person under any other
provision of law.''.
On page 170, beginning on line 1, strike ``Private entities
that will, on a volunteer basis'' and insert ``Nonprofit or
other private organizations, including faith-based and
community-based organizations, that will''.
On page 178, strike line 21 and all that follows through
page 179, line 10 and insert the following:
``(A) Eligible prisoner.--The term `eligible prisoner'
means--
``(i) an individual who has been sentenced to a term of
imprisonment pursuant to a conviction for a Federal criminal
offense; or
``(ii) an individual within the custody of the Bureau of
Prisons, including an individual in a Bureau of Prisons
contracted facility.''.
On page 191, line 21, strike ``In'' and insert
``Notwithstanding the 10 percent limit described in paragraph
(1) and in''.
On page 203, line 8, strike ``title'' and insert ``Act''.
On page 203, line 9, strike ``title'' and insert ``Act''.
On page 203, line 24, strike ``and''.
On page 204, line 5, strike the period and insert ``;
and''.
On page 204, between lines 5 and 6, insert the following:
(iv) a description of how the reduced expenditures on
Federal corrections and the budgetary savings resulting from
this Act, and the amendments made by this Act, are currently
being used and will be used to--
(I) increase investment in law enforcement and crime
prevention to combat gangs of national significance and high-
level drug traffickers through the High Intensity Drug
Trafficking Areas program and other task forces;
(II) hire, train, and equip law enforcement officers and
prosecutors; and
(III) promote crime reduction programs using evidence-based
practices and strategic planning to help reduce crime and
criminal recidivism.
On page 226, line 17, insert ``and the Secretary of Labor''
after ``Affairs''.
On page 227, line 3, insert ``and the Secretary of Labor''
after ``Affairs''.
On page 227, line 8, insert ``and the Secretary of Labor''
after ``Affairs''.
On page 227, line 12, insert ``and dol'' after ``VA''.
On page 227, line 13, insert ``and the Department of
Labor'' after ``Affairs''.
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