[Congressional Record Volume 159, Number 112 (Wednesday, July 31, 2013)]
[Senate]
[Pages S6129-S6130]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Lee, and Mr. Leahy):
  S. 1410. A bill to focus limited Federal resources on the most 
serious offenders; to the Committee on the Judiciary.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1410

       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 
     2013''.

     SEC. 2. APPLICABILITY OF STATUTORY MINIMUMS.

       Section 3553(f)(1) of title 18, United States Code, is 
     amended by striking ``defendant'' and all that follows 
     through ``point'' and inserting ``criminal history category 
     for the defendant is not higher than category 2''.

     SEC. 3. CLARIFICATION OF APPLICABILITY OF THE FAIR SENTENCING 
                   ACT.

       (a) Definition of Covered Offense.--In this section, the 
     term ``covered offense'' means a violation of a Federal 
     criminal statute, the statutory penalties for which were 
     modified by section 2 or 3 of the Fair Sentencing Act of 2010 
     (Public Law 111-220; 124 Stat. 2372), that was committed 
     before August 3, 2010.
       (b) Defendants Previously Sentenced.--A court that imposed 
     a sentence for a covered offense, may, on motion of the 
     defendant, the Director of the Bureau of Prisons, the 
     attorney for the Government, or the court, impose a reduced 
     sentence as if sections 2 and 3 of the Fair Sentencing Act of 
     2010 (Public Law 111-220; 124 Stat. 2372) were in effect at 
     the time the covered offense was committed.
       (c) Limitations.--No court shall entertain a motion made 
     under this section to reduce a sentence if the sentence was 
     previously imposed or previously reduced in accordance with 
     the amendments made by sections 2 and 3 of the Fair 
     Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372) 
     or if a motion made under this section to reduce the sentence 
     was previously denied. Nothing in this section shall be 
     construed to require a court to reduce any sentence pursuant 
     to this section.

     SEC. 4. SENTENCING MODIFICATIONS FOR CERTAIN DRUG OFFENSES.

       (a) Controlled Substances Act.--Section 401(b)(1) of the 
     Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended--
       (1) in subparagraph (A), in the flush text following clause 
     (viii)--
       (A) by striking ``10 years or more'' and inserting ``5 
     years or more''; and
       (B) by striking ``such person shall be sentenced to a term 
     of imprisonment which may not be less than 20 years and'' and 
     inserting ``such person shall be sentenced to a term of 
     imprisonment which may not be less than 10 years and''; and
       (2) in subparagraph (B), in the flush text following clause 
     (viii)--
       (A) by striking ``5 years'' and inserting ``2 years''; and
       (B) 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 striking ``not less than 10 years'' and inserting 
     ``not less than 5 years''; and
       (B) by striking ``such person shall be sentenced to a term 
     of imprisonment of not less than 20 years'' and inserting 
     ``such person shall be sentenced to a term of imprisonment of 
     not less than 10 years''; and
       (2) in paragraph (2), in the flush text following 
     subparagraph (H)--
       (A) by striking ``5 years'' and inserting ``2 years''; and
       (B) by striking ``10 years'' and inserting ``5 years''.

     SEC. 5. 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 sections 2 and 4 of 
     this Act and reflect the intent of Congress that such 
     penalties be decreased in accordance with the amendments made 
     by section 4 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;

[[Page S6130]]

       (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 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. 6. REPORT BY ATTORNEY GENERAL.

       Not later than 6 months after the date of enactment of this 
     Act, the Attorney General shall submit to the Committees on 
     the Judiciary of the House of Representatives and the Senate 
     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.
                                 ______