[Congressional Record Volume 169, Number 66 (Thursday, April 20, 2023)]
[Senate]
[Page S1296]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Grassley, Mr. Booker, Mr. Lee, 
        Ms. Klobuchar, and Mr. Paul):
  S. 1247. A bill to amend the First Step Act of 2018 to permit 
defendants convicted of certain offenses to be eligible for reduced 
sentences, and for other purposes; 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. 1247

       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 ``Terry Technical Correction 
     Act''.

     SEC. 2. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that on June 14, 2021, the 
     Supreme Court of the United States decided the case of Terry 
     v. United States, 141 S. Ct. 1858 (2021), holding that crack 
     offenders who did not trigger a mandatory minimum do not 
     qualify for the retroactivity provisions of section 404 of 
     the First Step Act of 2018 (21 U.S.C. 841 note).
       (b) Purpose.--The purpose of this Act is to clarify that 
     the retroactivity provisions of section 404 of the First Step 
     Act of 2018 (21 U.S.C. 841 note) are available to those 
     offenders who were sentenced for a crack-cocaine offense 
     before the Fair Sentencing Act of 2010 (Public Law 111-220) 
     became effective, including individuals with low-level crack 
     offenses sentenced under section 401(b)(1)(C) of the 
     Controlled Substances Act (21 U.S.C. 841(b)(1)(C)).

     SEC. 3. APPLICATION OF FAIR SENTENCING ACT OF 2010.

       Section 404 of the First Step Act of 2018 (21 U.S.C. 841 
     note) is amended--
       (1) in subsection (a)--
       (A) by striking `` `covered offense' means'' and inserting 
     `` `covered offense'--
       ``(1) means'';
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (C) by adding at the end the following:
       ``(2) includes a violation, involving cocaine base, of--
       ``(A) section 3113 of title 5, United States Code;
       ``(B) section 401(b)(1)(C) of the Controlled Substances Act 
     (21 U.S.C. 841(b)(1)(C));
       ``(C) section 404(a) of the Controlled Substances Act (21 
     U.S.C. 844(a));
       ``(D) section 406 of the Controlled Substances Act (21 
     U.S.C. 846);
       ``(E) section 408 of the Controlled Substances Act (21 
     U.S.C. 848);
       ``(F) subsection (b) or (c) of section 409 of the 
     Controlled Substances Act (21 U.S.C. 849);
       ``(G) subsection (a) or (b) of section 418 of the 
     Controlled Substances Act (21 U.S.C. 859);
       ``(H) subsection (a), (b), or (c) of section 419 of the 
     Controlled Substances Act (21 U.S.C. 860);
       ``(I) section 420 of the Controlled Substances Act (21 
     U.S.C. 861);
       ``(J) section 1010(b)(3) of the Controlled Substances 
     Import and Export Act (21 U.S.C. 960(b)(3));
       ``(K) section 1010A of the Controlled Substances Import and 
     Export Act (21 U.S.C. 960a);
       ``(L) section 90103 of the Violent Crime Control and Law 
     Enforcement Act of 1994 (34 U.S.C. 12522);
       ``(M) section 70503 or 70506 of title 46, United States 
     Code; and
       ``(N) any attempt, conspiracy or solicitation to commit an 
     offense described in subparagraphs (A) through (M).''; and
       (2) in subsection (c), by inserting ``A motion under this 
     section that was denied after a court determination that a 
     violation described in subsection (a)(2) was not a covered 
     offense shall not be considered a denial after a complete 
     review of the motion on the merits within the meaning of this 
     section.'' after the period at the end of the second 
     sentence.
                                 ______