,,ii #aafth ,,congress #ast ,session ,s4 #bhej ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ac1 #bjai,mr4 ,lee 7for himself1 ,mr4 ,durbin1 ,ms4 ,baldwin1 ,ms4 ,harris1 ,mr4 ,kaine1 ,mr4 ,whitehouse1 ,mr4 ,leahy1 ,mr4 ,booker1 ,mr4 ,blumenthal1 ,mr4 ,wyden1 ,mr4 ,king1 and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to focus limited ,federal resources on the most serious offenders4 #a4 ,short title ,this ,act may be cited as the ,smarter ,sentencing ,act of #bjai4 #b4 ,sentencing modifications for certain drug offenses 7a7 ,controlled ,substances ,act ,the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 is amended-- 7#a7 in section #ajb 7#ba ,u4,s4,c4 #hjb7-- 7,a7 by redesignating paragraph 7#eh7 as paragraph 7#ei72 7,b7 by redesignating the second paragraph 7#eg7 7relating to serious drug felony7 as paragraph 7#eh72 and 7,c7 by adding at the end the following3 7#fj7 ,the term courier means a defendant whose role in the offense was limited to transporting or storing drugs or money4 2 and 7#b7 in section #dja7;b77#a7 7#ba ,u4,s4,c4 #hda7;b77#a77-- 7,a7 in subparagraph 7,a71 in the flush text following clause 7viii7-- 7i7 by striking #aj years or more and inserting #e years or more2 and 7ii7 by striking #ae years and inserting #aj years2 and 7,b7 in subparagraph 7,b71 in the flush text following clause 7viii7-- 7i7 by striking #e years and inserting #b years2 and 7ii7 by striking not be less than #aj years and inserting not be less than #e years4 7b7 ,controlled ,substances ,import and ,export ,act ,section #ajaj7;b7 of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ifj7;b77 is amended-- 7#a7 in paragraph 7#a71 in the flush text following subparagraph 7,h7-- 7,a7 by inserting 1 other than a person who is a courier1 after such violation2 7,b7 by striking person commits and inserting person1 other than a courier1 commits2 and 7,c7 by inserting ,if a person who is a courier commits such a violation1 the person shall be sentenced to a term of imprisonment of not less than #e years and not more than life4 ,if a person who is a courier commits such a violation after a prior conviction for a felony drug offense has become final1 the person shall be sentenced to a term of imprisonment of not less than #aj years and not more than life4 before ,notwithstanding section #cehc2 and 7#b7 in paragraph 7#b71 in the flush text following subparagraph 7,h7-- 7,a7 by inserting 1 other than a person who is a courier1 after such violation2 7,b7 by striking person commits and inserting person1 other than a courier1 commits2 and 7,c7 by inserting ,if a person who is a courier commits such a violation1 the person shall be sentenced to a term of imprisonment of not less than #b years and not more than life4 ,if a person who is a courier commits such a violation after a prior conviction for a felony drug offense has become final1 the person shall be sentenced to a term of imprisonment of not less than #e years and not more than life4 before ,notwithstanding section #cehc4 #c4 ,directive to the ,sentencing ,commission 7a7 ,directive to ,sentencing ,commission ,pursuant to its authority under section #iid7p7 of title #bh1 ,united ,states ,code1 and in accordance with this section1 the ,united ,states ,sentencing ,commission shall review and amend1 if appropriate1 its guidelines and its policy statements applicable to persons convicted of an offense under section #dja of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7 or section #ajaj of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ifj7 to ensure that the guidelines and policy statements are consistent with the amendments made by section #b of this ,act4 7b7 ,considerations ,in carrying out this section1 the ,united ,states ,sentencing ,commission shall consider-- 7#a7 the mandate of the ,united ,states ,sentencing ,commission1 under section #iid7;g7 of title #bh1 ,united ,states ,code1 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 prisons2 7#b7 the findings and conclusions of the ,united ,states ,sentencing ,commission in its ,october #bjaa report to ,congress entitled1 ,mandatory ,minimum ,penalties in the ,federal ,criminal ,justice ,system2 7#c7 the fiscal implications of any amendments or revisions to the sentencing guidelines or policy statements made by the ,united ,states ,sentencing ,commission2 7#d7 the relevant public safety concerns involved in the considerations before the ,united ,states ,sentencing ,commission2 7#e7 the intent of ,congress that penalties for violent1 repeat1 and serious drug traffickers who present public safety risks remain appropriately severe2 and 7#f7 the need to reduce and prevent racial disparities in ,federal sentencing4 7c7 ,emergency authority ,the ,united ,states ,sentencing ,commission shall-- 7#a7 promulgate the guidelines1 policy statements1 or amendments provided for in this ,act as soon as practicable1 and in any event not later than #abj days after the date of enactment of this ,act1 in accordance with the procedure set forth in section #ba7;a7 of the ,sentencing ,act of #aihg 7#bh ,u4,s4,c4 #iid note71 as though the authority under that ,act had not expired2 and 7#b7 pursuant to the emergency authority provided under paragraph 7#a71 make such conforming amendments to the ,federal sentencing guidelines as the ,commission determines necessary to achieve consistency with other guideline provisions and applicable law4 #d4 ,report by ,attorney ,general ,not later than #f months after the date of enactment of this ,act1 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 ,prisons1 help increase proper investment in law enforcement and crime prevention1 and help reduce criminal recidivism1 thereby increasing the effectiveness of ,federal criminal justice spending4 #e4 ,report on ,federal criminal offenses 7a7 ,definitions ,in this section-- 7#a7 the term criminal regulatory offense means a ,federal regulation that is enforceable by a criminal penalty2 and 7#b7 the term criminal statutory offense means a criminal offense under a ,federal statute4 7b7 ,report on criminal statutory offenses ,not later than #a year after the date of enactment of this ,act1 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 report1 which shall include-- 7#a7 a list of all criminal statutory offenses1 including a list of the elements for each criminal statutory offense2 and 7#b7 for each criminal statutory offense listed under paragraph 7#a7-- 7,a7 the potential criminal penalty for the criminal statutory offense2 7,b7 the number of prosecutions for the criminal statutory offense brought by the ,department of ,justice each year for the #ae-year period preceding the date of enactment of this ,act2 and 7,c7 the mens rea requirement for the criminal statutory offense4 7c7 ,report on criminal regulatory offenses 7#a7 ,reports ,not later than #a year after the date of enactment of this ,act1 the head of each ,federal agency described in paragraph 7#b7 shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report1 which shall include-- 7,a7 a list of all criminal regulatory offenses enforceable by the agency2 and 7,b7 for each criminal regulatory offense listed under subparagraph 7,a7-- 7i7 the potential criminal penalty for a violation of the criminal regulatory offense2 7ii7 the number of violations of the criminal regulatory offense referred to the ,department of ,justice for prosecution in each of the years during the #ae-year period preceding the date of enactment of this ,act2 and 7iii7 the mens rea requirement for the criminal regulatory offense4 7#b7 ,agencies described ,the ,federal agencies described in this paragraph are the ,department of ,agriculture1 the ,department of ,commerce1 the ,department of ,education1 the ,department of ,energy1 the ,department of ,health and ,human ,services1 the ,department of ,homeland ,security1 the ,department of ,housing and ,urban ,development1 the ,department of the ,interior1 the ,department of ,labor1 the ,department of ,transportation1 the ,department of the ,treasury1 the ,commodity ,futures ,trading ,commission1 the ,consumer ,product ,safety ,commission1 the ,equal ,employment ,opportunity ,commission1 the ,export-,import ,bank of the ,united ,states1 the ,farm ,credit ,administration1 the ,federal ,communications ,commission1 the ,federal ,deposit ,insurance ,corporation1 the ,federal ,election ,commission1 the ,federal ,labor ,relations ,authority1 the ,federal ,maritime ,commission1 the ,federal ,mine ,safety and ,health ,review ,commission1 the ,federal ,trade ,commission1 the ,national ,labor ,relations ,board1 the ,national ,transportation ,safety ,board1 the ,nuclear ,regulatory ,commission1 the ,occupational ,safety and ,health ,review ,commission1 the ,office of ,compliance1 the ,postal ,regulatory ,commission1 the ,securities and ,exchange ,commission1 the ,securities ,investor ,protection ,corporation1 the ,environmental ,protection ,agency1 the ,small ,business ,administration1 the ,federal ,housing ,finance ,agency1 and the ,office of ,government ,ethics4 7d7 ,index ,not later than #b years after the date of enactment of this ,act-- 7#a7 the ,attorney ,general shall establish a publically accessible index of each criminal statutory offense listed in the report required under subsection 7b7 and make the index available and freely accessible on the website of the ,department of ,justice2 and 7#b7 the head of each agency described in subsection 7c77#b7 shall establish a publically accessible index of each criminal regulatory offense listed in the report required under subsection 7c77#a7 and make the index available and freely accessible on the website of the agency4 7e7 ,rule of construction ,nothing in this section shall be construed to require or authorize appropriations4