[Congressional Record Volume 167, Number 56 (Thursday, March 25, 2021)]
[Senate]
[Pages S1819-S1820]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. DURBIN (for himself, Mr. Lee, Mr. Leahy, Mr. Whitehouse,
Mr. Wyden, Mr. Blumenthal, Ms. Baldwin, Mr. Booker, Ms. Warren,
Mr. Sanders, Mr. King, Mr. Kaine, and Mr. Wicker):
S. 1013. 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. 1013
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
2021''.
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 felony drug offense 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
[[Page S1820]]
(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 felony drug offense 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 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.
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 Compliance, 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 publically
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 publically 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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