[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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