By and large in identical language, the two would amend existing mandatory minimum sentence provisions found in federal drug and firearms laws, by and large in identical language. The most obvious difference is that the Senate proposal, S. 2123 , the Sentencing Reform and Corrections Act of 2015, features an extensive corrections title, which the House proposal, H.R. 3713 , the Sentencing Reform Act of 2015, lacks. 3713 would reduce the mandatory minimum sentences that must be imposed on repeat offenders. S. 2123 and H.R. 3713 would modify the safety valve in several respects. Third, the bills would create additional safety valve. The mini-safety valve would only apply to future convictions. One, the so-called three strikes provision, also known as the Armed Career Criminal Act (ACCA), imposes a 15-year mandatory minimum sentence on an offender convicted of unlawful possession of a firearm who has three prior convictions for a drug offense or a violent felony. S. 2123 and H.R. 3713 would reduce the mandatory minimum penalty from 15 years to 10 years. 3713 's retroactivity would only apply to defendants without a prior serious violent felony conviction. 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 5 years, unless one of the higher mandatory minimums below applies; imprisonment for not less than 7 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 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. S. 2123 and H.R. S. 2123 and H.R. New Mandatory Minimums

H.R. 3713 would create no new mandatory minimum sentencing provisions. S. 2123 , on the other hand, would establish two: one for interstate domestic violence offenses and another for certain violations of the International Emergency Economic Powers Act (IEEPA). Section 109 of the bill would direct the Attorney General to prepare and provide the House and Senate Committees on the Judiciary an inventory of federal statutory crimes and of federal regulatory offenses.
As introduced, the Sentencing Reform and Corrections Act of 2015, S. 2123, and the Sentencing Reform Act of 2015, H.R. 3713, use virtually identical language to reduce the impact of the mandatory minimum sentences which federal courts must now impose for certain drug trafficking and firearms offenses.
Key Takeaways
Existing law requires long minimum sentences for certain drug traffickers who have prior drug convictions. S. 2123 and H.R. 3713 would shorten the mandatory minimums, but apply them for both prior drug and violent felony convictions. The safety valve permits judges to ignore mandatory minimums for certain low-level, nonviolent drug traffickers with virtually no criminal record. The bills would make the safety valve available to traffickers with slightly more serious criminal records. The bills would establish a mini-safety valve which would permit judges to treat the 10-year drug trafficking mandatory minimums as if they were 5-year mandatory minimums for the benefit of nonviolent defendants with no prior serious drug or violent crime convictions. The proposals would permit retroactive application of the 2010 Fair Sentencing Act crack/powder cocaine amendments under some circumstances. S. 2123 and H.R. 3713 would reduce the Armed Career Criminal mandatory minimum to 10 years from 15 years. The bills would increase to 15 years the maximum penalties for possession of a firearm by a felon and various other firearms offenses. H.R. 3713, but not S. 2123, would add a consecutive term of imprisonment for not more than five years to the mandatory minimums in drug trafficking cases which involve heroin or fentanyl (a heroin cutter and counterfeit). S. 2123, but not H.R. 3713, would establish new mandatory minimums for certain interstate domestic violence offenses and International Emergency Economic Powers Act (IEEPA) violations. S. 2123, but not H.R. 3713, would direct the Attorney General to prepare an inventory of federal statutory crimes and various federal agencies to prepare a comparable inventory of federal regulatory offenses.