[Page S3732]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4623. Mr. PAUL (for himself and Mr. Leahy) submitted an amendment 
intended to be proposed by him to the bill S. 2943, to authorize 
appropriations for fiscal year 2017 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle I of title X, add the following:

     SEC. 1097. JUSTICE SAFETY VALVE.

       (a) Short Title.--This section may be cited as the 
     ``Justice Safety Valve Act of 2016''.
       (b) Authority to Impose a Sentence Below a Statutory 
     Minimum.--Section 3553 of title 18, United States Code, is 
     amended by adding at the end the following:
       ``(g) Authority to Impose a Sentence Below a Statutory 
     Minimum to Prevent an Unjust Sentence.--
       ``(1) General rule.--Notwithstanding any provision of law 
     other than this subsection, the court may impose a sentence 
     below a statutory minimum if the court finds that it is 
     necessary to do so in order to avoid violating the 
     requirements of subsection (a).
       ``(2) Court to give parties notice.--Before imposing a 
     sentence under paragraph (1), the court shall give the 
     parties reasonable notice of the court's intent to do so and 
     an opportunity to respond.
       ``(3) Statement in writing of factors.--The court shall 
     state, in the written statement of reasons, the factors under 
     subsection (a) that require imposition of a sentence below 
     the statutory minimum.
       ``(4) Appeal rights not limited.--This subsection does not 
     limit any right to appeal that would otherwise exist in its 
     absence.''.
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