Sec. 402. Modification of criteria for safety valve limitation on applicability of certain mandatory minimums
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safety valve limitation on applicability of certain mandatory minimums Section 3553(f) of title 18, United States Code, is amended— in the matter preceding paragraph (1), by inserting or under any provision of law for which the penalties are derived from any of those sections, or section 924(c) of this title in relation to a drug trafficking crime, before the court shall impose ; so that paragraph
(1)reads as follows: the defendant— does not have a criminal history category higher than category I after any downward departure under the sentencing guidelines; does not have— criminal history points higher than 4 after any downward departure under the sentencing guidelines; or an offense of conviction that is— an offense under section 922 or 924; a sex offense (as defined in section 111 of the Adam Walsh Child Protection and Safety Act of 2006); a Federal crime of terrorism (as defined in section 2332b(g)(5)); or a racketeering offense under section 1962; or committed the offense as the result of— mental illness, cognitive deficits, or a history of persistent or serious substance abuse or addiction; trauma suffered while serving on active duty in an armed conflict zone for a branch of the United States military; or victimization stemming from any combination of physical, mental, emotional, or psychological abuse or domestic violence, if the offense was committed at the direction of another individual who— was a more culpable participant in the instant offense or played a significantly greater role in the offense; or effectively coerced the defendant’s involvement in the offense by means of threats or abuse either directly from the other individual or through any person or group; ; so that paragraph
(2)reads as follows: the defendant did not use violence or credible threats of violence in connection with the offense; ; and so that paragraph
(4)reads as follows: the defendant was not convicted under section 401 of the Controlled Substances Act or section 1010(b) of the Controlled Substances Import and Export Act for being an organizer, leader, manager, or supervisor of a drug trafficking organization, and was not engaged in a continuing criminal enterprise, as defined in section 408 of the Controlled Substances Act; and . Subsection (f)(5) of section 3553 of title 18, United States Code, as amended by section 402(a) of this Act, is amended further by adding at the end the following: Information and evidence provided by the defendant pursuant to this paragraph shall not be used by the court in determining the applicable guideline range, or in imposing an upward departure or variance. .