Mandatory Minimum Sentencing Legislation
in the 113th Congress
Charles Doyle
Senior Specialist in American Public Law
November 5, 2013
Congressional Research Service
7-5700
www.crs.gov
R43296

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Mandatory Minimum Sentencing Legislation in the 113th Congress

Summary
Defendants convicted of violating any certain federal criminal laws face the prospect of
mandatory minimum terms of imprisonment. Bills offered during the 113th Congress would
supplement, enhance, or eliminate some of these. In the most all-encompassing, H.R. 1695
(Representative Scott (Va.)) and S. 619 (Senator Paul) would permit federal courts to impose a
sentence below an otherwise applicable mandatory minimum when necessary to avoid violating
certain statutory directives.
Federal drug statutes feature a series of mandatory minimums. S. 1410 (Senator Durbin) would
reduce several of the most severe of these. H.R. 3088 (Representative Waters) would eliminate
virtually all of them. The Durbin bill would also enlarge the safety valve exception. The safety
valve provision allows a federal court to sentence qualified defendants below the statutory
mandatory minimum in drug cases, if the defendant has a virtually spotless criminal record, that
is, not more than one criminal history point. S. 1410 would expand safety valve eligibility to
defendants with a slightly more extensive criminal record. Elsewhere, H.R. 2372 (Representative
Scott (Va.)) would drop the sentencing distinction between powder and crack cocaine by striking
the cocaine base specific references. Two proposals address the Fair Sentencing Act’s retroactive
application. One, H.R. 2369 (Representative Scott (Va.)) would permit a court to reduce,
consistent with the act, a previously imposed sentence for crack cocaine possession or trafficking.
The second, S. 1410 (Senator Durbin), would also permit a court to reduce such sentences, but
would limit the authority to instances in which the defendant had not been previously granted or
denied a similar reduction.
The firearms bills are mixed. H.R. 2405 (Representative Scott (Va.)) would strip the mandatory
minimums from §924(c) that outlaws possession of a firearm in furtherance of a crime of
violence or serious drug offense. On the other hand, H.R. 722 (Representative King (N.Y.)) would
add two years to each of §924(c)’s mandatory minimums, if the firearm were stolen or had had its
serial number defaced. H.R. 404 (Representative Schiff) would establish a two-year mandatory
minimum term of imprisonment for violation of either of the two firearm acquisition false
statement (straw purchaser) proscriptions, if the offense involved two or more firearms and an
intent to subsequently transfer them to an ineligible person. H.R. 117 (Representative Holt) would
require the Attorney General to establish a system of handgun registration and licensing.
Possession without a federal license or of an unregistered handgun would be punishable by
imprisonment for not less than 15 years.
Several proposals add or enhance the mandatory minimums associated with individual offenses.
For instance, H.R. 1468 (Representative Blackburn) would create a separate crime for anyone
who, during and in relation to a computer fraud or abuse violation, substantially impaired or
attempted to impair the operation of a critical infrastructure computer system or an associated
critical infrastructure. H.R. 457 (Representative Issa) would establish mandatory minimum
penalties for an alien previously removed from the U.S. for his criminal activities. H.R. 1577
(Representative Poe) and S. 698 (Senator Cornyn) would expand the class of protected public
servants; increase the penalties associated with homicides committed against them; establish
mandatory minimum terms of imprisonment for killing or assaulting them; and create a new
flight-to-avoid-prosecution offense for fugitives accused of such crimes, punishable by a
mandatory minimum term of imprisonment.

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Mandatory Minimum Sentencing Legislation in the 113th Congress

Contents
Introduction ...................................................................................................................................... 1
A General Exception ........................................................................................................................ 1
Drug Offenses .................................................................................................................................. 2
Attorney General’s Approval ..................................................................................................... 5
Safety Valve ............................................................................................................................... 5
Cocaine Sentencing ................................................................................................................... 6
Fair Sentencing Retroactivity .............................................................................................. 7
Firearms ........................................................................................................................................... 8
Stolen Firearms, Crimes of Violence, and Drug Trafficking ..................................................... 8
Straw Purchasers........................................................................................................................ 9
Handguns ................................................................................................................................. 10
Aggravated Computer Abuse ......................................................................................................... 10
Illegal Reentry ............................................................................................................................... 11
Violence Against Public Servants .................................................................................................. 12
Homicide ................................................................................................................................. 12
Flight to Avoid Prosecution ..................................................................................................... 14
Assaulting a Federal Officer or Employee .............................................................................. 14

Tables
Table 1. Terms of Imprisonment: Controlled Substances ................................................................ 4

Contacts
Author Contact Information........................................................................................................... 15

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Introduction
Federal crimes are usually punishable by a statutory maximum term of imprisonment, for
example, “imprisoned for not more than 5 years.”1 A surprising number also have statutory
minimum terms of imprisonment, for example, “imprisonment which may not be less than 10
years or for life.”2 Under some circumstances, mandatory minimums have proven controversial.3
Opponents contend that in some instances they can be arbitrary and unduly severe. Proponents
contend that they ensure the offenders of the most serious offenses will receive at least some
minimum punishment. Legislative proposals in the 113th Congress reflect both perspectives.
Some would establish or enhance mandatory minimums for a variety of offenses including
violent attacks on law enforcement officers, firearms offenses, reentry into the United States by
dangerous aliens, and computer attacks on the nation’s critical infrastructure. Others would repeal
or mitigate the impact of existing mandatory minimums, particularly with regard to controlled
substance offenses.
A General Exception
Federal courts are required to weigh the factors listed in 18 U.S.C. 3553(a) before sentencing a
defendant. The factors include things like “the need for the sentence imposed ... to provide just
punishment for the offense” and “the need to avoid unwarranted sentence disparities ...”4 In doing
so, however, the courts may not disregard any applicable statutory mandatory minimums.
H.R. 1695 (Representative Scott (Va.)) and S. 619 (Senator Paul) would permit federal courts to
impose a sentence below an otherwise applicable mandatory minimum when necessary to avoid
violating the requirements of §3553(a).5 When exercising the authority, the court would have to

1 18 U.S.C. 1001(a)(relating to false statements); see also, 18 U.S.C. 1955(a)(relating to operating an illegal gambling
business); 18 U.S.C. 2339B(“imprisoned not more than 15 years”)(relating to providing material support to designated
terrorist organizations); 18 U.S.C. 1341(“imprison not more than 20 years”)(relating to mail fraud).
2 See generally, CRS Report RL32040, Federal Mandatory Minimum Sentencing Statutes.
3 See generally, United States Sentencing Commission, Report to the Congress: Mandatory Minimum Penalties in the
Federal Criminal Justice System, Policy Views About Mandatory Minimum Penalties, 85-103 (Oct. 2011), available at
http://www.ussc.gov/Legislative_and_Public_Affairs/Congressional_Testimony_and_Reports/Mandatory_Minimum-
Penalties/20111031_Rtc_Mandatory_Minimum.cfm.
4 18 U.S.C. 3553(a)(“The court shall impose a sentence sufficient, but not greater than necessary, to comply with the
purposes set forth in paragraph (2) of this subsection. The court, in determining the particular sentence to be imposed,
shall consider- (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2)
the need for the sentence imposed- (A) to reflect the seriousness of the offense, to promote respect for the law, and to
provide just punishment for the offense; (B) to afford adequate deterrence to criminal conduct; (C) to protect the public
from further crimes of the defendant; and (D) to provide the defendant with needed educational or vocational training,
medical care, or other correctional treatment in the most effective manner; (3) the kinds of sentences available; (4) the
kinds of sentence and the sentencing range established ... issued by the Sentencing Commission ... (5) any pertinent
policy statement ... issued by the Sentencing Commission ... (6) the need to avoid unwarranted sentence disparities
among defendants with similar records who have been found guilty of similar conduct; and (7) the need to provide
restitution to any victims of the offense”).
5 H.R. 1695, §2, proposed 18 U.S.C. 3553(g)(1); S. 619, §2, proposed 18 U.S.C. 3553(g)(1).
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provide the government and the defendant a chance to be heard and to provide a written statement
of the §3553(a) factors that justify the decision to sentence below the mandatory minimum.6
Drug Offenses
The Controlled Substances Act and the Controlled Substances Import and Export Act established
a series of mandatory minimum sentences for violation of their prohibitions. Trafficking - that is,
importing, exporting, or possessing with the intent to distribute - a very substantial amount of
various highly addictive substances such as more than a kilogram of heroin is punishable by
imprisonment for not less than 10 years or more than life.7 A subsequent conviction carries a
sentence of imprisonment for not less than 20 years or more than life.8 When substantial but
lesser amounts are involved, such as 100 grams of heroin, sentences of imprisonment for not less
than five years or more than life are called for, and imprisonment for not less than 10 years or
more than life in the case of a subsequent conviction.9
S. 1410 (Senator Durbin) would reduce those mandatory minimum sentences by half.10 The 20-
year mandatory minimums would become 10-year mandatory minimums; the 10-year mandatory
minimums would become five-year mandatory minimums; and the five-year mandatory minimum
would become a two-year mandatory minimum.11

6 H.R. 1695, §2, proposed 18 U.S.C. 3553(g)(2), (3); S. 619, §2, proposed 18 U.S.C. 3553(g)(2), (3).
7 21 U.S.C. 841(b)(1)(A); 21 U.S.C. 960(b)(1). The threshold amounts covered by the sections in addition to a kilogram
of heroin are: (ii) 5 kilograms or more of a mixture or substance containing a detectable amount of- (I) coca leaves,
except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts
have been removed; (II) cocaine, its salts, optical and geometric isomers, and salts of isomers; (III) ecgonine, its
derivatives, their salts, isomers, and salts of isomers; or (IV) any compound, mixture, or preparation which contains any
quantity of any of the substances referred to in subclauses (I) through (III); (iii) 280 grams or more of a mixture or
substance described in clause (ii) which contains cocaine base; (iv) 100 grams or more of phencyclidine (PCP) or 1
kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); (v) 10 grams or
more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); (vi) 400 grams or
more of a mixture or substance containing a detectable amount of N-phenyl-N- [1- (2-phenylethyl) -4-piperidinyl]
propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-
phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide; (vii) 1,000 kilograms or more of a mixture or substance
containing a detectable amount of marihuana, or 1,000 or more marihuana plants regardless of weight; or (viii) 50
grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or
substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers.” 21 U.S.C.
841(b)(1)(ii)-(vii).
8 21 U.S.C. 841(b)(1)(A); 21 U.S.C. 960(b)(1)(“ ... If any person commits such a violation after a prior conviction for a
felony drug offense has become final, such person shall be sentenced to a term of imprisonment which of not less than
20 years and not more than life imprisonment.... ”).
9 21 U.S.C. 841(b)(1)(B); 21 U.S.C. 960(b)(2). Beyond 100 grams of heroin, the threshold amounts for this lower
sentencing plateau are: (ii) 500 grams or more of a mixture or substance containing a detectable amount of ... cocaine ...
(iii) 28 grams or more of a mixture or substance described in clause (ii) which contains cocaine base; (iv) 10 grams or
more of phencyclidine (PCP) ... (v) 1 gram or more of a mixture or substance containing a detectable amount of
lysergic acid diethylamide (LSD); (vi) 40 grams or more of a mixture or substance containing a detectable amount of ...
propanamide ... (vii) 100 kilograms or more of a mixture or substance containing a detectable amount of marihuana ...
or (viii) 5 grams or more of methamphetamine.... ” 21 U.S.C. 841(b)(1)(B)(ii)-(vii).
10 S. 1410, §4, proposed 21 U.S.C 841(b)(1) and proposed 21 U.S.C. 960(b).
11 Id.
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H.R. 3088 (Representative Waters) would eliminate the mandatory minimum sentences so that
each of those offenses would be punishable by imprisonment for any term of years or for life.12
Unlike the Durbin bill (S. 1410), the Waters proposal (H.R. 3088) would eliminate virtually every
other controlled substance mandatory minimum as well.13
Under present law, when a death or serious bodily injury results from the trafficking in a very
substantial amount of a controlled substance like heroin, the mandatory minimum term of
imprisonment is 20 years rather than 10 years.14 When death or serious bodily injury results from
trafficking in a substantial but somewhat lower amount of a controlled substance like heroin, the
mandatory minimum term of imprisonment is 20 years rather than five years.15 When an offender
has two or more prior controlled substance convictions, trafficking a very substantial amount of a
controlled substance like heroin carries a mandatory sentence of life imprisonment.16 Without
regard for the type or amount of the controlled substance, simple possession by an offender with a
prior controlled substance conviction is punishable by imprisonment for not less than 15 days and
not more than two years.17 The penalty is imprisonment for not less than 90 days and not more
than three years when the offender has two or more prior convictions.18 H.R. 3088 would repeal
each of these mandatory minimums, but would leave the existing maximum penalties
unchanged.19
Finally, penalties double when the commission of a controlled substance offense involves
distribution to or using a child, or when it involves distribution near a school or other protected
location.20 These offenses often come with a one-year mandatory minimum term of
imprisonment, when the underlying distribution crime would not otherwise carry a mandatory
minimum because of the type or amount of the drugs involved.21 The Waters bill (H.R. 3088)
would dispose of these mandatory minimums as well.22
It leaves in place, however, a fairly unique provision found in the school distribution, repeat
offender provision of 21 U.S.C. 860(b):

12 H.R. 3088, §4(b), (c), proposed 21 U.S.C 841(b)(1) and proposed 21 U.S.C. 960(b).
13 H.R. 3088, §4, proposed 21 U.S.C. 841(b); proposed 21 U.S.C. 844; proposed 21 U.S.C. 859; proposed 21 U.S.C.
860; proposed 21 U.S.C. 861; and proposed 21 U.S.C. 960(b).
14 21 U.S.C. 841(b)(1)(A), 21 U.S.C. 960(b)(1).
15 21 U.S.C. 841(b)(1)(B), 21 U.S.C. 960(b)(2).
16 21 U.S.C. 841(b)(1)(A), 21 U.S.C. 960(b)(1).
17 21 U.S.C. 844.
18 Id.
19 H.R. 3088, §4, proposed 21 U.S.C. 841(b); proposed 21 U.S.C. 844; and proposed 21 U.S.C. 960(b).
20 21 U.S.C. 859 (distribution to a child under 21 years of age)(penalties for repeat offenders are tripled); 21 U.S.C. 860
(trafficking “within one thousand feet of, the real property comprising a public or private elementary, vocational, or
secondary school or a public or private college, junior college, or university, or a playground, or housing facility owned
by a public housing authority, or within 100 feet of a public or private youth center, public swimming pool, or video
arcade facility”)(penalties for repeat offenders are tripled); 21 U.S.C. 861(use of a child for controlled substance
violations or distribution to a pregnant individual)(penalties for repeat offenders are tripled).
21 E.g., 21 U.S.C. 859(a) (“ ... Except to the extent a greater minimum sentence is otherwise provided by section 841(b)
of this title, a term of imprisonment under this subsection shall be not less than one year ... ”); similar provisions apply
with respect to 21 U.S.C. 859 (b); 21 U.S.C. 860(a); 21 U.S.C. 861(b), (c), (f). Repeat offenders under 21 U.S.C. 860
face a mandatory minimum of imprisonment of not less than three years in the absence of a higher otherwise applicable
mandatory minimum, 21 U.S.C. 860(b).
22 H.R. 3088, §4, proposed 21 U.S.C. 859(a), (b); 21 U.S.C. 860(a), (b); proposed 21 U.S.C. 861(b), (c).
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Any person who violates section 841(a)(1) of this title ... by distributing, possessing with
intent to distribute, or manufacturing a controlled substance in or on, or within one thousand
feet of ... a ... school ... or housing facility owned by a public housing authority, or within
100 feet of a public or private youth center, public swimming pool, or video arcade facility,
after a prior conviction under subsection (a) of this section has become final is punishable (1)
by the greater of (A) a term of imprisonment of not less than three years and not more than
life imprisonment or (B) three times the maximum punishment authorized by section 841(b)
of this title. . . .
A summary of the changes in the existing controlled substance mandatory minimum terms of
imprisonment, proposed in the Durbin (S. 1410) and Waters (H.R. 3088) proposals, appears in the
following chart.
Table 1. Terms of Imprisonment: Controlled Substances
Offense
Present Law
S. 1410
H.R. 3088
I. (a)(i) Trafficking: Sec.
not less than 10 years or
not less than 5 years or
any term of years or life
841(b)(1)(A) substances
more than life
more than life
(no mandatory minimum)
(e.g. 1 kilo. + of heroin)
(ii) if death or serious
not less than 20 years or
no change
any term of years or life
injury results
more than life
(no mandatory minimum)
(b)(i) one prior violation
not less than 20 years or
not less than 10 years or
any term of years or life
more than life
more than life
(no mandatory minimum)
(i ) and death or serious
life
no change
any term of years or life
injury results
(no mandatory minimum)
(c) two or more prior
life
no change
any term of years or life
violations
(no mandatory minimum)
II. (a)(i) Trafficking: Sec.
not less than 5 years or
not less than 2 years or
not more than 40 years
841(b)(1)(B) substance
more than 40 years
more than 40 years
(no mandatory minimum)
(e.g. 100g + of heroin)
(i ) if death or serious
not less than 20 years or
no change
any term of years or life
injury results
more than life
(no mandatory minimum)
(b)(i)one prior violation
not less than 10 years or
not less than 5 years or
any term of years or life
more than life
more than life
(no mandatory minimum)
(i ) and death or serious
life
life
any term of years or life
injury results
(no mandatory minimum)
III. (a) Trafficking to a child
not less than 1 year
no change
no mandatory minimum
where no mandatory
minimum otherwise
applies
(b) Using a child to traffic
not less than 1 year
no change
no mandatory minimum
or trafficking to a pregnant
person where no
mandatory minimum
otherwise applies
(c)(i) Trafficking near a
not less than 1 year
no change
no mandatory minimum
school or protected
location where no
mandatory minimum
otherwise applies
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Offense
Present Law
S. 1410
H.R. 3088
(ii) with a prior
not less than 3 years
no change
no mandatory minimum
conviction
(iii) with a prior
the greater of (A)
no change
no change
conviction
imprisonment for not less
than 3 years or more than
life or (B) three times the
otherwise applicable
penalty
IV. (a) Simple possession
not less than 15 days or
no change
no mandatory minimum
and prior conviction
more than 2 years
(b) Simple possession and
not more than 90 days or
no change
no mandatory minimum
2 or more prior
more than 3 years
convictions
Source: Congressional Research Service, based on S. 1410; H.R. 3088; and 21 U.S.C. 841, 844, 859, 860, 861,
960.
Attorney General’s Approval
The Waters bill (H.R. 3088) also contains a proposal apparently designed to reserve federal
prosecutions to the most serious cases. It would require the Attorney General’s written approval
for any prosecution for possession or trafficking in amounts less than those necessary to trigger
the most severe mandatory minimums (e.g., less than a kilogram of heroin), or in the case of
cocaine, less than 500 grams.23
Safety Valve
The so-called safety valve provision of 18 U.S.C. 3553(f) allows a court to sentence qualified
defendants below the statutory mandatory minimum in controlled substance trafficking and
possession cases.24 To qualify, a defendant may not have used violence in the course of the
offense.25 He must not have played a managerial role in the offense if it involved group
participation.26 The offense must not have resulted in a death or serious bodily injury.27 The

23 H.R. 3088, §3. The limitation would apply to prosecution of any offense or conspiracy to commit any offense under
the Controlled Substances Act or the Controlled Substances Import and Export Act.
24 18 U.S.C. 3553(f)(“ Notwithstanding any other provision of law, in the case of an offense under section 401, 404, or
406 of the Controlled Substances Act (21 U.S.C. 841, 844, 846) or section 1010 or 1013 of the Controlled Substances
Import and Export Act (21 U.S.C. 960, 963), the court shall impose a sentence pursuant to guidelines promulgated by
the United States Sentencing Commission under section 994 of title 28 without regard to any statutory minimum
sentence, if the court finds at sentencing, after the Government has been afforded the opportunity to make a
recommendation ... ”).
25 18 U.S.C. 3553(f)(2)(“ ... if the court finds at sentencing ... that ... (2) the defendant did not use violence or credible
threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in
connection with the offense”).
26 18 U.S.C. 3553(f)(4)(“ ... if the court finds at sentencing ... that ... (4) the defendant was not an organizer, leader,
manager, or supervisor of others in the offense, as determined under the sentencing guidelines and was not engaged in a
continuing criminal enterprise, as defined in section 408 of the Controlled Substances Act”).
27 18 U.S.C. 3553(f)(3)(“ ... if the court finds at sentencing ... that ... (3) the offense did not result in death or serious
bodily injury to any person”).
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defendant must make full disclosure of his involvement in the offense, providing the government
with all the information and evidence at his disposal.28 Finally, the defendant must have a
virtually spotless criminal record, that is, not more than 1 criminal history point.29
Criminal history points are a feature of the U.S. Sentencing Commission’s Sentencing Guidelines.
The Guidelines assign points based on the sentences imposed for prior state and federal
convictions. For example, the Guidelines assign 1 point for any past conviction that resulted in a
sentence of less than incarceration for 60 days; 2 points for any conviction resulting in a sentence
of incarceration for at least 60 days; and 3 points for any conviction resulting in a sentence of
incarceration of more than a year and a month.30
The Sentencing Commission’s report on mandatory minimum sentences suggested that Congress
consider expanding safety valve eligibility to defendants with 2 or possible 3 criminal history
points.31 The report indicated that under the Guidelines a defendant’s criminal record “can have a
disproportionate and excessively severe cumulative sentencing impact on certain drug
offenders.”32 It explained that the Guidelines are construed to ensure that the sentence they
recommend in a given case calls for a term of imprisonment that is not less than an applicable
mandatory minimum.33 In addition, the drug offenses have escalated mandatory minimums for
repeat offenders.34 Moreover, similarly situated drug offenders may be treated differently, because
states punish simple drug possession differently and prosecutors decide when to press recidivism
qualifications differently.35
The Durbin bill (S. 1410) would expand safety valve eligibility from defendants with no more
than 1 criminal history point to those with no more than 3 points.36
Cocaine Sentencing
Originally, the Controlled Substances Act made no distinction between powder cocaine and crack
cocaine (cocaine base).37 The 1986 Anti-Drug Abuse Act introduced a 100-1 sentencing ratio

28 18 U.S.C. 3553(f)(5)(“ ... if the court finds at sentencing ... that ... (5) not later than the time of the sentencing
hearing, the defendant has truthfully provided to the Government all information and evidence the defendant has
concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the
fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of
the information shall not preclude a determination by the court that the defendant has complied with this requirement”).
29 18 U.S.C. 3553(f)(1)(“ ... if the court finds at sentencing ... that - (1) the defendant does not have more than 1
criminal history point, as determined under the sentencing guidelines”).
30 U.S.S.G. §4A1.1.
31 United States Sentencing Commission, Report to the Congress: Mandatory Minimum Penalties in the Federal
Criminal Justice System, 355 (Oct. 2011).
32 Id. at 352.
33 Id.
34 Id.
35 Id. at 353 (“Interviews of prosecutors and defense attorneys in 13 districts confirm that different districts have
adopted different practices with respect to filing the necessary information required to seek an enhanced penalty under
21 U.S.C. §851[relating to proof of a prior conviction] in part because of its severity. The structure of the recidivist
provisions in 21 U.S.C. §§841 and 960 fosters inconsistent application, in part, because their applicability turns on the
varying statutory maximum penalties for state drug offenses”).
36 S. 1410, §2, proposed 18 U.S.C. 3553(f)(1). The bill sets the ceiling at criminal history category II, that is, not more
than 3 criminal history points, U.S.S.G. ch.5, pt. A.
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between the two, so that trafficking in 50 grams of crack cocaine carried the same penalties
trafficking in 5,000 grams of powder cocaine.38 The 2010 Fair Sentencing Act introduced the
present 500-28 ratio, so that trafficking in 280 grams of crack cocaine carries the same penalties
as 5,000 grams of powder cocaine.39 It also abolished the mandatory minimum for simple crack
cocaine possession that the 1988 Anti-Drug Abuse Act had established.40 The Sentencing
Commission subsequently revised the Sentencing Guidelines to reflect the change and made the
modification retroactively applicable at the discretion of the sentencing court.41
H.R. 2372 (Representative Scott (Va.)) would eliminate the sentencing distinction between
powder and crack cocaine by eliminating the cocaine base specific references.42 Trafficking in
cocaine would carry the same penalties regardless whether the substance was powder or crack
cocaine.43
Fair Sentencing Retroactivity
The Fair Sentencing Act reductions apply to offenses committed thereafter. They also apply to
offenses committed beforehand when sentencing occurs after the time of enactment.44 Federal
courts have discretion to reduce a sentence imposed under a Sentencing Guideline that was
subsequently substantially reduced.45 The Fair Sentencing Act, however, does not apply to
sentences imposed prior to its enactment,46 and it does not apply in sentence reduction hearings
triggered by new Sentencing Guidelines.47 In such proceedings, the courts remain bound by the
mandatory minimums in effect prior to enactment of the Fair Sentencing Act.48

(...continued)
37 P.L. 91-513, §§401, 1010; 84 Stat. 1260, 1290 (1970); 21 U.S.C. 841, 960 (1970 ed.).
38 P.L. 99-570, §§1002, 1004; 100 Stat. 3207-2, 3207-6; 21 U.S.C. 841, 960 (1988 ed.)
39 P.L. 111-220, §2, 124 Stat. 2372, 21 U.S.C. 841, 960.
40 P.L. 111-220, §3, 124 Stat. 2372, 21 U.S.C. 844.
41 18 U.S.C. 3582(c); U.S.S.G. 1B1.10; U.S.S.G. App. C, Amends. 750, 759.
42 H.R. 2372, §2, proposed 21 U.S.C. 841(b)(1)(A), 841(b)(1)(B), 960(b)(1), 960(b)(2).
43 Id.
44 Dorsey v. United States, 132 S.Ct. 2321, 2326 (2012).
45 18 U.S.C. 3582(c)(2).
46 United States v. Rivera, 726 F3.d 17, *28 (1st Cir. 2013)(internal citations omitted)(“[I]n United States v. Goncalves,
we joined ten of our fellow Circuit Courts of Appeal in concluding that the FSA is not retroactive for the benefit of a
defendant like Carrasquillo-Ocasio, whose criminal conduct and sentencing occurred before the FSA became law”); see
also, United States v. Hodge, 721 F.3d 1279, 1281 (10th Cir. 2013).
47 United States v. Swangin, 726 F.3d 205, 208 (D.C.Cir. 2013)(“Finally, we note that every circuit that has addressed
the question post-Dorsey has likewise concluded that courts cannot retroactively apply the Fair Sentencing Act’s new
mandatory minimums in §3582(c)(2) proceedings to defendants who were sentenced before the Act’s effective date”);
United States v. Hodge, 721 F.3d at 1281 (“As an initial matter, the FSA does not provide an independent basis for a
sentence reduction; only the statutory exceptions in 18 U.S.C.§3582 provide such grounds. In a §3582 proceeding, the
court applies the statutory penalties in effect at the time of the original sentencing”).
48 United States v. Reeves, 717 F.3d 647, 650 (8th Cir. 2013)(“[E]ight of the nine federal circuits to address the issue
have held that the statutory provisions applicable when the defendant was originally sentenced – not the statutory
provisions in the Fair Sentencing Act – apply in section 3582(c)(2) proceedings”). The single contrary opinion was
later vacated for en banc rehearing, United States v. Blewett, 719 F.3d 482 (6th Cir. 2013). The divided Blewett panel
held that defendants sentenced prior to the Fair Sentence Act’s enactment were entitled to its reductions are a matter of
equal protection, United States v. Blewett, 719 F.3d at 494.
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Two proposals address the Fair Sentencing Act’s retroactive application. One, H.R. 2369
(Representative Scott (Va.)), begins with an expression of concern that some district courts may
not be applying the act to pending cases.49 It would then make it clear that the act’s amendments
apply to cases in which sentencing has yet to occur and to cases in which an appellate court
remands for sentencing consistent with the act.50 It would also permit a court to reduce, consistent
with the act, a previously imposed sentence for crack cocaine possession or trafficking.51
The second, S. 1410 (Senator Durbin), would also permit a court to reduce such sentences, but
would limit the authority to instances in which the defendant has not been previously granted or
denied a similar reduction.52
Firearms
Stolen Firearms, Crimes of Violence, and Drug Trafficking
Section 924(c), in its current form, imposes one of several different minimum sentences when a
firearm is used or possessed in furtherance of another federal crime of violence or of drug
trafficking.53 The mandatory minimums, imposed in addition to the sentence imposed for the
underlying crime of violence or drug trafficking, vary depending upon the circumstances:
• imprisonment for not less than five years, unless one of higher mandatory
minimums below applies;
• imprisonment for not less than seven years, if a firearm is brandished;
• imprisonment for not less than 10 years, if a firearm is discharged;
• imprisonment for not less than 10 years, if a firearm is a short-barreled rifle or
shotgun or is a semi-automatic weapon;
• imprisonment for not less than 15 years, if the offense involves the armor
piercing ammunition;
• imprisonment for not less than 25 years, if the offender has a prior conviction for
violation of §924(c);
• imprisonment for not less than 30 years, if the firearm is a machine gun or
destructive device or is equipped with a silencer; and
• imprisonment for life, if the offender has a prior conviction for violation of
§924(c) and if the firearm is a machine gun or destructive device or is equipped
with a silencer.54

49 H.R. 2369, §2.
50 H.R. 2369, §3.
51 H.R. 2369, §4.
52 S. 1410, §3.
53 18 U.S.C. 924(c).
54 18 U.S.C. 924(c)(1), (5).
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H.R. 2405 (Representative Scott (Va.)) would strip §924(c) of its mandatory minimum penalties.
Each of its not-less-than penalties would become not-more-than penalties.55 So, for example,
possession of a shotgun in furtherance of a crime of violence or of drug trafficking would be
punishable by imprisonment for not more than 10 years. Possession of a machine gun in
furtherance of such an offense would be punishable by imprisonment for not more than 25 years,
and so forth.
The Scott bill would also append in large measure the procedure used in Controlled Substance
Act cases to establish the existence of a qualifying prior conviction, 21 U.S.C. 851.56 It would,
however, drop the provision in §851 that affords the defendant the right to have the question
presented to the grand jury in the case of serious enhancements.57 It would also abandon the
provision that bars questioning the validity of remote convictions.58
H.R. 722 (Representative King (N.Y.)) would add two years to each of these base mandatory
minimums of §924(c)(1)(A), if the firearm were stolen or had had its serial number defaced.
Thus, use of a stolen firearm or one with a defaced serial number during or in relation to a federal
crime of violence or drug trafficking would be punishable by imprisonment for not less than
seven years.59 If a stolen or defaced firearm were brandished under such circumstances, the
mandatory minimum would be nine years.60 If a stolen or defaced firearm were discharged, the
mandatory minimum would be 12 years.61
Straw Purchasers
Federal law now punishes false statements in conjunction with a firearm’s purchase under two
sections. Section 924(a)(1) imposes a term of imprisonment of not more than five years for false
statements relating to information required for licensing or record-keeping purposes.62 Section
922(a)(6) outlaws false statements in the acquisition of a firearm.63 Section 924(a)(2) makes the
offense punishable by imprisonment for not more than 10 years.64

55 H.R. 2405, §2(1), (2), proposed 18 U.S.C. 924(c)(1)(A), (B), (C), (5)(A).
56 H.R. 2405, §2(3), proposed 18 U.S.C. 924(c)(6).
57 Id. (“The provisions of ... 21 U.S.C. 851, other than subsections (a)(2) and (e) ... shall apply to sentencing for
convictions under this subsection.... ”). 21 U.S.C. 851(a)(2) provides: “An information may not be filed under this
section if the increased punishment which may be imposed is imprisonment for a term in excess of three years unless
the person either waived or was afforded prosecution by indictment for the offense for which such increased
punishment may be imposed.”
58 Id. (“The provisions of ... 21 U.S.C. 851, other than subsections (a)(2) and (e) ... shall apply to sentencing for
convictions under this subsection.... ”). 21 U.S.C. 851(e) provides: “No person who stands convicted of an offense
under this part may challenge the validity of any prior conviction alleged under this section which occurred more than
five years before the date of the information alleging such prior conviction.”
59 H.R. 722, §8, proposed 18 U.S.C. 924(c)(1)(A)(i).
60 H.R. 722, §8, proposed 18 U.S.C. 924(c)(1)(A)(ii).
61 H.R. 722, §8, proposed 18 U.S.C. 924(c)(1)(A)(iii).
62 18 U.S.C. 924(a)(1)(A)(“[W]hoever - (A) knowingly makes any false statement or representation with respect to the
information required by this chapter to be kept in the records of a person licensed under this chapter or in applying for
any license or exemption or relief from disability under the provisions of this chapter; ... shall be ... imprisoned not
more than five years”).
63 18 U.S.C. 922(a)(6)(“It shall be unlawful ... (6) for any person in connection with the acquisition or attempted
acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed
collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious,
(continued...)
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H.R. 404 (Representative Schiff) would establish a two-year mandatory minimum term of
imprisonment for violation of either false statement proscription if the offense involved two or
more firearms and an intent to subsequently transfer them to an ineligible person.65
Handguns
H.R. 117 (Representative Holt) would require the Attorney General to establish a system of
handgun registration and licensing.66 The system would be inapplicable in states that already had
a comparable system as long as the state outlawed possession of unlicensed or unregistered
handguns or the failure to complete required firearms safety training.67 Elsewhere, possession
without a federal license or of an unregistered handgun would be punishable by imprisonment for
not less than 15 years.68
Aggravated Computer Abuse
Federal law prohibits various forms of computer abuse in 18 U.S.C. 1030, ranging from
espionage to hacking to computer fraud to damaging computer systems.69
H.R. 1468 (Representative Blackburn) would create a separate crime for anyone who, during and
in relation to a violation of §1030 substantially impaired or attempted to impair the operation of a
critical infrastructure computer system or an associated critical infrastructure.70 The bill defines
the term “critical infrastructure computer” to mean “a computer that manages or controls systems
or assets vital to national defense, national security, national economic security, public health or
safety, or any combination of those matters, whether publicly or privately owned or operated,
including - (A) oil and gas production, storage, conversion, and delivery systems; (B) water

(...continued)
or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with
respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the
provisions of this chapter”).
64 18 U.S.C. 924(a)(2).
65 H.R. 404, §2, proposed 18 U.S.C. 924(q)(1).
66 H.R. 117, §2, proposed 18 U.S.C. 932(a)(1).
67 H.R. 117, §2, proposed 18 U.S.C. 932(b).
68 H.R. 117, §2, proposed 18 U.S.C. 924(a)(7). In what may have been a scrivener’s error, the bill attaches the penalty
not to a violation of its provisions (proposed 18 U.S.C. 932), but to a violation of 18 U.S.C. 931(relating to possession
of body armor by convicted violent felons). That construction is complicated by the fact that although the drafters of
H.R. 117 believed that no 18 U.S.C. 924(a)(7) now exists (“Section 924(a) of such title is amended by adding at the end
the following: (7) ... ”), the section not only exists but applies to violations of 18 U.S.C. 931.
69 More precisely, the seven crimes defined in 18 U.S.C. 1030 are (1) computer trespassing (e.g., hacking) in a
government computer; (2) computer trespassing (e.g., hacking) resulting in exposure to certain governmental, credit,
financial, or computer-housed information; (3) damaging a government computer, a bank computer, or a computer used
in, or affecting, interstate or foreign commerce (e.g., a worm, computer virus, Trojan horse, time bomb, a denial of
service attack, and other forms of cyberattack, cybercrime, or cyberterrorism); (4) committing fraud an integral part of
which involves unauthorized access to a government computer, a bank computer, or a computer used in, or affecting,
interstate or foreign commerce; (5) threatening to damage a government computer, a bank computer, or a computer
used in, or affecting, interstate or foreign commerce; (6) trafficking in passwords for a government computer, or when
the trafficking affects interstate or foreign commerce; and (7) accessing a computer to commit espionage.
70 H.R. 1468, §305(a), proposed 18 U.S.C. 1030A(b).
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supply systems; (C) telecommunication networks; (D) electrical power generation and delivery
systems; (E) finance and banking systems; (F) emergency services; (G) transportation systems
and services; and (H) government operations that provide essential services to the public.”71
The offense would be punishable by imprisonment for not less than three years or more than 20
years.72 Some of the federal statutes calling for imposition of a minimum term of imprisonment
suggest the possibility of a fine as an alternative to imprisonment. For example, the penalty for
trafficking in 1,000 grams or more of heroin is “a term of imprisonment which may not be less
than 10 years or more than life ... a fine not to exceed ... $10,000,000 ... or both.”73 The bill would
suggest the possibility of a fine as an alternative to imprisonment as well.74 Experience with other
mandatory minimums, coupled with implementing Sentencing Guidelines, suggests that this
alternative may be more hypothetical than real.75
Illegal Reentry
Foreign nationals who reenter or attempt to reenter the United States after having been deported,
excluded, or otherwise removed are punishable by imprisonment for not more than two years.76 If
the alien was removed following conviction for an aggravated felony, the penalty is increased to
imprisonment for not more than 20 years.77 If removed following conviction for a misdemeanor
involving drugs or crimes against the person or for a lesser felony, the penalty is imprisonment
for not more than 10 years.78 The same 10-year maximum term of imprisonment attends reentry
or attempted reentry following removal prior to completion of service of imprisonment for a non-
violent felony.79
Those who aid and abet the commission of a federal crime are subject to the same penalties as
those who actually commit the underlying offenses.80 Those who conspire to violate federal law
are liable not only for conspiracy but for any crimes committed by one of their conspirators in
furtherance of the plot.81

71 H.R. 1468, §305(a), proposed 18 U.S.C. 1030A(a)(2).
72 H.R. 1468, §305(a), proposed 18 U.S.C. 1030A(c).
73 21 U.S.C. 841(b)(1)(A); see also, 21 U.S.C. 960(b)(2).
74 H.R. 1468, §305(a), proposed 18 U.S.C. 1030A(c)(“Any person who violates subsection (b) shall be – (1) fined
under this title; (2) imprisoned for not less than 3 years but not more than 29 years; or (3) penalized under paragraphs
(1) and (2) ”).
75 U.S.S.G. §5G1.1(b)(“Where a statutorily required minimum sentence is greater than the maximum of the applicable
guideline range, the statutorily required minimum sentence shall be the guideline sentence”).
76 8 U.S.C. 1326(a).
77 8 U.S.C. 1326(b)(2).
78 8 U.S.C. 1326(b)(1).
79 8 U.S.C. 1326(b)(4).
80 18 U.S.C. 2.
81 18 U.S.C. 371; Pinkerton v. United States, 328 U.S. 640, 645-48 (1946); United States v. Grasso, 724 F.3d 1077,
1089 (9th Cir. 2013); United States v. Walker, 721 F.3d 828, 836 (7th Cir. 2013); United States v. Clark, 717 F.3d 790,
808-809 (10th Cir. 2013).
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H.R. 457 (Representative Issa) would establish mandatory minimum penalties for each of these
reentry offenses.82 The minimums would be pegged at half the maximum. Thus, simple reentry
would carry a one-year mandatory minimum term.83 Reentry following an aggravated felony
conviction would be punishable with a mandatory minimum of 10 years.84 Finally, the mandatory
minimums for the reentry offenses with 10-year maximums would be set at five years.85
The Issa bill would also make accessory and conspirator liability more specific. Anyone who
aided or abetted an alien’s unlawful reentry or conspired to accomplish it would be subject to the
same penalties including mandatory minimums as the reentering alien.86
Violence Against Public Servants
Federal law protects federal judges and employees against murder, manslaughter, attempted
murder or manslaughter, and assault. With the exception of first degree murder which is
punishable by death or imprisonment for life, none of the prohibitions carry a mandatory
minimum term of imprisonment. Flight to avoid prosecution is also a federal crime, but it does
not come with a mandatory minimum term of imprisonment either.
H.R. 1577 (Representative Poe) and S. 698 (Senator Cornyn) would expand the class of protected
public servants; increase the penalties associated with homicides committed against them;
establish mandatory minimum terms of imprisonment for killing or assaulting them; and create a
new flight-to-avoid-prosecution offense for fugitives accused of such crimes, punishable by a
mandatory minimum term of imprisonment.87
Homicide
Federal law outlaws killing any federal officer or employee, including federal judges, during or
on account of the performance of their duties.88 It also protects anyone assisting them.89 The
penalties imposed depend on the nature of the homicide:
• first degree murder: death or life imprisonment;90
• second degree murder: imprisonment for any term years or for life;91

82 H.R. 457, §2(b), proposed 8 U.S.C. 1326.
83 H.R. 457, §2(b)(1), proposed 8 U.S.C. 1326(a).
84 H.R. 457, §2(b)(2)(B), proposed 8 U.S.C. 1326(b)(2).
85 H.R. 457, §2(b)(2)(A), (C), proposed 8 U.S.C. 1326(b)(1), (b)(4).
86 H.R. 457, §2(C), proposed 8 U.S.C. 1327(b).
87 The bills as introduced were identical and consequently will be referred to hereafter as H.R. 1577/S. 698.
88 18 U.S.C. 1114 (“Whoever kills or attempts to kill any officer or employee of the United States or of any agency in
any branch of the United States Government (including any member of the uniformed services) while such officer or
employee is engaged in or on account of the performance of official duties, or any person assisting such an officer or
employee in the performance of such duties or on account of that assistance, shall be punished ... ”).
89 Id.
90 18 U.S.C. 1114, 1111.
91 Id.
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• voluntary manslaughter: imprisonment for not more than 15 years;92
• involuntary manslaughter: imprisonment for not more than eight years;93
• attempted murder: imprisonment for not more than 20 years;94
• attempted manslaughter: imprisonment for not more than seven years;95 and
• conspiracy to murder: imprisonment for any term of years or for life.96
Federal law outlaws the murder of state or local officers or employees assisting in a federal
investigation.97 Offenders are punishable by death or life imprisonment.98 It also outlaws the
murder of a state correctional officer by a federal prisoner or while the officer is transporting a
prisoner in interstate commerce.99 Offenders are punishable by imprisonment for not less than 20
years or for life or by death.100 Murder of a federal, state, or local law enforcement officer in
furtherance of a violation of the Controlled Substances Act or the Controlled Substances Import
and Export Act is punishable as well by imprisonment for not less than 20 years or for life or by
death.101
H.R. 1577/S. 698 would establish 30-year mandatory minimum terms of imprisonment for
killing, attempting to kill, or conspiring to kill three classes of public servants: (1) federal judges
and federal law enforcement officers, regardless of whether the crime occurred during or on

92 18 U.S.C. 1114, 1112.
93 Id.
94 18 U.S.C. 1114, 1113.
95 Id.
96 18 U.S.C. 1117.
97 18 U.S.C. 1121(a)(“Whoever intentionally kills- (1) a State or local official, law enforcement officer, or other officer
or employee while working with Federal law enforcement officials in furtherance of a Federal criminal investigation-
(A) while the victim is engaged in the performance of official duties; (B) because of the performance of the victim’s
official duties; or (C) because of the victim’s status as a public servant; or (2) any person assisting a Federal criminal
investigation, while that assistance is being rendered and because of it, shall be sentenced according to the terms of
section 1111, including by sentence of death or by imprisonment for life”).
98 Id. 18 U.S.C. 1111.
99 18 U.S.C. 1121(b)(“Whoever, in a circumstance described in paragraph (3) of this subsection, while incarcerated,
intentionally kills any State correctional officer engaged in, or on account of the performance of such officer’s official
duties, shall be sentenced to a term of imprisonment which shall not be less than 20 years, and may be sentenced to life
imprisonment or death. (2) As used in this section, the term, ‘State correctional officer’ includes any officer or
employee of any prison, jail, or other detention facility, operated by, or under contract to, either a State or local
governmental agency, whose job responsibilities include providing for the custody of incarcerated individuals. (3) The
circumstance referred to in paragraph (1) is that- (A) the correctional officer is engaged in transporting the incarcerated
person interstate; or (B) the incarcerated person is incarcerated pursuant to a conviction for an offense against the
United States”).
100 Id.
101 21 U.S.C. 848(e)(1)(B)(“[A]ny person, during the commission of, in furtherance of, or while attempting to avoid
apprehension, prosecution or service of a prison sentence for, a felony violation of this subchapter or subchapter II of
this chapter who intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of any
Federal, State, or local law enforcement officer engaged in, or on account of, the performance of such officer’s official
duties and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years,
and which may be up to life imprisonment, or may be sentenced to death. 2) As used in paragraph (1)(B), the term ‘law
enforcement officer’ means a public servant authorized by law or by a Government agency or Congress to conduct or
engage in the prevention, investigation, prosecution or adjudication of an offense, and includes those engaged in
corrections, probation, or parole functions”).
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account of the performance of their duties;102 (2) federally funded public servants (state, local,
territorial, and tribal law enforcement officers, firefighters, chaplains, rescue squad and
ambulance crew members) during or on account of the performance of their official duties;103 and
(3) former federal judges, former law enforcement officers, and former federally funded public
servants, killed on account of performance of their official duties.104
In addition to the 30-year mandatory minimum, the offense would carry the prospect of
imprisonment for life and, if a killing occurred, of the death penalty.105
Flight to Avoid Prosecution
It is a federal crime punishable by imprisonment for not more than five years to travel in
interstate or foreign commerce for the purpose of avoiding state or federal prosecution.106
H.R. 1577/S. 698 would create an additional flight statute that would proscribe flights to avoid
prosecution for killing, attempting to kill, or conspiring to kill a federal judge, federal law
enforcement officer, or federally funded public servant.107 The offense would be punishable by
imprisonment for any term of years not less than 10 years.108
Assaulting a Federal Officer or Employee
Section 111 prohibits assaulting a federal officer or employee during or on account of his or her
official duties.109 Simple assault is punishable under the provision by imprisonment for not more
than one year.110 If the assault results in physical contact or is committed with the intent to
commit another felony, the penalty increases to imprisonment for not more than eight years.111 If
the assault involves the use of a deadly or dangerous weapon or results in bodily injury, the
penalty becomes imprisonment for not more than 20 years.112
If the assault resulted in substantial bodily injury (temporary but substantial disfigurement or loss
of bodily or mental capacity) to a federal judge or federal law enforcement officer, H.R. 1577/ S.
698 would make the offense punishable by imprisonment for not less than five years or more than

102 H.R. 1577/S. 698, §3(a), proposed 18 U.S.C.1123(a)(1), (b)(1)(A), (B).
103 H.R. 1577/S. 698, §3(a), proposed 18 U.S.C.1123(a)(2), (7), (b)(1)(C).
104 H.R. 1577/S. 698, §3(a), proposed 18 U.S.C.1123 (b)(2). The proposal does not include attempts to kill or
conspiracies to kill members of this class of former judges, officers, or public servants.
105 H.R. 1577/S. 698, §3(a), proposed 18 U.S.C.1123(c).
106 18 U.S.C. 1073.
107 H.R. 1577/S. 698, §3(b), proposed 18 U.S.C.1075(a).
108 H.R. 1577/S. 698, §3(b), proposed 18 U.S.C.1075(b).
109 18 U.S.C. 111.
110 18 U.S.C. 111(a).
111 Id. H.R. 1577/S. 698, §3(e), proposed 18 U.S.C. 111(b)(2)(B)(ii) would increase the maximum penalty to
imprisonment for not more than 10 years.
112 18 U.S.C. 111(b). H.R. 1577/S. 698, §3(e), proposed 18 U.S.C. 111(b)(2)(B)(iv) would increase the maximum
penalty to imprisonment for not more than 30 years when the assault resulted in substantial bodily injury or involved
the use or possession of a dangerous weapon.
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30 years.113 If the assault resulted in serious bodily injury (risk of death, extreme pain, etc.) or
involves possession or use of a dangerous weapon, H.R. 1577/S. 698 would make the offense
punishable by imprisonment for any term of years not less than 10 years or for life.114

Author Contact Information

Charles Doyle

Senior Specialist in American Public Law
cdoyle@crs.loc.gov, 7-6968



113 H.R. 1577/S. 698, §3(e), proposed 18 U.S.C.111(b)(1)(A). H.R. 1577/S. 698 would adopt the definition of
“substantial bodily injury” found in 18 U.S.C. 113(b)(1): “the term ‘substantial bodily injury’ means bodily injury
which involves - (A) a temporary but substantial disfigurement; or (B) a temporary but substantial loss or impairment
of the function of any bodily member, organ, or mental faculty.”
114 H.R. 1577/S. 698, §3(e), proposed 18 U.S.C.111(b)(1)(B). H.R. 1577/S. 698 would adopt the definition of “serious
bodily injury” found in 18 U.S.C. 1365(h)(3): “the term ‘serious bodily injury’ means bodily injury which involves -
(A) a substantial risk of death; (B) extreme physical pain; (C) protracted and obvious disfigurement; or (D) protracted
loss or impairment of the function of a bodily member, organ, or mental faculty.”
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