[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1152 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1152
To focus limited Federal resources on the most serious offenders.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Durbin (for himself, Mr. Lee, Mr. Whitehouse, Mr. Blumenthal, Mr.
Booker, Ms. Warren, Mr. Sanders, Mr. King, Mr. Kaine, Mr. Wicker, and
Mr. Markey) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To focus limited Federal resources on the most serious offenders.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smarter Sentencing Act of 2023''.
SEC. 2. SENTENCING MODIFICATIONS FOR CERTAIN DRUG OFFENSES.
(a) Controlled Substances Act.--The Controlled Substances Act (21
U.S.C. 801 et seq.) is amended--
(1) in section 102 (21 U.S.C. 802)--
(A) by redesignating paragraph (58) as paragraph
(59);
(B) by redesignating the second paragraph (57)
(relating to ``serious drug felony'') as paragraph
(58); and
(C) by adding at the end the following:
``(60) The term `courier' means a defendant whose role in
the offense was limited to transporting or storing drugs or
money.''; and
(2) in section 401(b)(1) (21 U.S.C. 841(b)(1))--
(A) in subparagraph (A), in the flush text
following clause (viii)--
(i) by striking ``10 years or more'' and
inserting ``5 years or more''; and
(ii) by striking ``15 years'' and inserting
``10 years''; and
(B) in subparagraph (B), in the flush text
following clause (viii)--
(i) by striking ``5 years'' and inserting
``2 years''; and
(ii) by striking ``not be less than 10
years'' and inserting ``not be less than 5
years''.
(b) Controlled Substances Import and Export Act.--Section 1010(b)
of the Controlled Substances Import and Export Act (21 U.S.C. 960(b))
is amended--
(1) in paragraph (1), in the flush text following
subparagraph (H)--
(A) by inserting ``, other than a person who is a
courier,'' after ``such violation'';
(B) by striking ``person commits'' and inserting
``person, other than a courier, commits''; and
(C) by inserting ``If a person who is a courier
commits such a violation, the person shall be sentenced
to a term of imprisonment of not less than 5 years and
not more than life. If a person who is a courier
commits such a violation after a prior conviction for a
serious drug felony or serious violent felony has
become final, the person shall be sentenced to a term
of imprisonment of not less than 10 years and not more
than life.'' before ``Notwithstanding section 3583'';
and
(2) in paragraph (2), in the flush text following
subparagraph (H)--
(A) by inserting ``, other than a person who is a
courier,'' after ``such violation'';
(B) by striking ``person commits'' and inserting
``person, other than a courier, commits''; and
(C) by inserting ``If a person who is a courier
commits such a violation, the person shall be sentenced
to a term of imprisonment of not less than 2 years and
not more than life. If a person who is a courier
commits such a violation after a prior conviction for a
serious drug felony or serious violent felony has
become final, the person shall be sentenced to a term
of imprisonment of not less than 5 years and not more
than life.'' before ``Notwithstanding section 3583''.
(c) Applicability to Pending and Past Cases.--
(1) Definition.--In this subsection, the term ``covered
offense'' means a violation of a Federal criminal statute, the
statutory penalties for which were modified by this section.
(2) Pending cases.--This section, and the amendments made
by this section, shall apply to any sentence imposed after the
date of enactment of this Act, regardless of when the offense
was committed.
(3) Past cases.--In the case of a defendant who, before the
date of enactment of this Act, was convicted or sentenced for a
covered offense, the sentencing court may, on motion of the
defendant, the Bureau of Prisons, the attorney for the
Government, or on its own motion, impose a reduced sentence
after considering the factors set forth in section 3553(a) of
title 18, United States Code.
SEC. 3. DIRECTIVE TO THE SENTENCING COMMISSION.
(a) Directive to Sentencing Commission.--Pursuant to its authority
under section 994(p) of title 28, United States Code, and in accordance
with this section, the United States Sentencing Commission shall review
and amend, if appropriate, its guidelines and its policy statements
applicable to persons convicted of an offense under section 401 of the
Controlled Substances Act (21 U.S.C. 841) or section 1010 of the
Controlled Substances Import and Export Act (21 U.S.C. 960) to ensure
that the guidelines and policy statements are consistent with the
amendments made by section 2 of this Act.
(b) Considerations.--In carrying out this section, the United
States Sentencing Commission shall consider--
(1) the mandate of the United States Sentencing Commission,
under section 994(g) of title 28, United States Code, to
formulate the sentencing guidelines in such a way as to
``minimize the likelihood that the Federal prison population
will exceed the capacity of the Federal prisons'';
(2) the findings and conclusions of the United States
Sentencing Commission in its October 2011 report to Congress
entitled, Mandatory Minimum Penalties in the Federal Criminal
Justice System;
(3) the fiscal implications of any amendments or revisions
to the sentencing guidelines or policy statements made by the
United States Sentencing Commission;
(4) the relevant public safety concerns involved in the
considerations before the United States Sentencing Commission;
(5) the intent of Congress that penalties for violent,
repeat, and serious drug traffickers who present public safety
risks remain appropriately severe; and
(6) the need to reduce and prevent racial disparities in
Federal sentencing.
(c) Emergency Authority.--The United States Sentencing Commission
shall--
(1) promulgate the guidelines, policy statements, or
amendments provided for in this Act as soon as practicable, and
in any event not later than 120 days after the date of
enactment of this Act, in accordance with the procedure set
forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C.
994 note), as though the authority under that Act had not
expired; and
(2) pursuant to the emergency authority provided under
paragraph (1), make such conforming amendments to the Federal
sentencing guidelines as the Commission determines necessary to
achieve consistency with other guideline provisions and
applicable law.
SEC. 4. REPORT BY ATTORNEY GENERAL.
Not later than 6 months after the date of enactment of this Act,
the Attorney General shall submit to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives a report outlining how the reduced expenditures on
Federal corrections and the cost savings resulting from this Act will
be used to help reduce overcrowding in the Federal Bureau of Prisons,
help increase proper investment in law enforcement and crime
prevention, and help reduce criminal recidivism, thereby increasing the
effectiveness of Federal criminal justice spending.
SEC. 5. REPORT ON FEDERAL CRIMINAL OFFENSES.
(a) Definitions.--In this section--
(1) the term ``criminal regulatory offense'' means a
Federal regulation that is enforceable by a criminal penalty;
and
(2) the term ``criminal statutory offense'' means a
criminal offense under a Federal statute.
(b) Report on Criminal Statutory Offenses.--Not later than 1 year
after the date of enactment of this Act, the Attorney General shall
submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a report,
which shall include--
(1) a list of all criminal statutory offenses, including a
list of the elements for each criminal statutory offense; and
(2) for each criminal statutory offense listed under
paragraph (1)--
(A) the potential criminal penalty for the criminal
statutory offense;
(B) the number of prosecutions for the criminal
statutory offense brought by the Department of Justice
each year for the 15-year period preceding the date of
enactment of this Act; and
(C) the mens rea requirement for the criminal
statutory offense.
(c) Report on Criminal Regulatory Offenses.--
(1) Reports.--Not later than 1 year after the date of
enactment of this Act, the head of each Federal agency
described in paragraph (2) shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report, which shall include--
(A) a list of all criminal regulatory offenses
enforceable by the agency; and
(B) for each criminal regulatory offense listed
under subparagraph (A)--
(i) the potential criminal penalty for a
violation of the criminal regulatory offense;
(ii) the number of violations of the
criminal regulatory offense referred to the
Department of Justice for prosecution in each
of the years during the 15-year period
preceding the date of enactment of this Act;
and
(iii) the mens rea requirement for the
criminal regulatory offense.
(2) Agencies described.--The Federal agencies described in
this paragraph are the Department of Agriculture, the
Department of Commerce, the Department of Education, the
Department of Energy, the Department of Health and Human
Services, the Department of Homeland Security, the Department
of Housing and Urban Development, the Department of the
Interior, the Department of Labor, the Department of
Transportation, the Department of the Treasury, the Commodity
Futures Trading Commission, the Consumer Product Safety
Commission, the Equal Employment Opportunity Commission, the
Export-Import Bank of the United States, the Farm Credit
Administration, the Federal Communications Commission, the
Federal Deposit Insurance Corporation, the Federal Election
Commission, the Federal Labor Relations Authority, the Federal
Maritime Commission, the Federal Mine Safety and Health Review
Commission, the Federal Trade Commission, the National Labor
Relations Board, the National Transportation Safety Board, the
Nuclear Regulatory Commission, the Occupational Safety and
Health Review Commission, the Office of Congressional Workplace
Rights, the Postal Regulatory Commission, the Securities and
Exchange Commission, the Securities Investor Protection
Corporation, the Environmental Protection Agency, the Small
Business Administration, the Federal Housing Finance Agency,
and the Office of Government Ethics.
(d) Index.--Not later than 2 years after the date of enactment of
this Act--
(1) the Attorney General shall establish a publicly
accessible index of each criminal statutory offense listed in
the report required under subsection (b) and make the index
available and freely accessible on the website of the
Department of Justice; and
(2) the head of each agency described in subsection (c)(2)
shall establish a publicly accessible index of each criminal
regulatory offense listed in the report required under
subsection (c)(1) and make the index available and freely
accessible on the website of the agency.
(e) Rule of Construction.--Nothing in this section shall be
construed to require or authorize appropriations.
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