[Congressional Record Volume 169, Number 58 (Thursday, March 30, 2023)]
[Senate]
[Pages S1095-S1096]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By 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):
  S. 1152. A bill to focus limited Federal resources on the most 
serious offenders; to the Committee on the Judiciary.
  Mr. DURBIN. Madam 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. 1152

       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

[[Page S1096]]

     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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