[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.
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