“A bill to focus limited Federal resources on the most serious offenders.”
No CRS summary available for this bill.
This section amends the Controlled Substances Act (CSA) to (1) define a "courier" as a defendant whose role in the offense was limited to transporting or storing drugs or money; and (2) in CSA §401(b)(1)—(A) reduce mandatory minimum prison terms in the flush text of subparagraph (A) to 5 years or more (from 10 years or more) and 10 years (from 15 years); and (B) reduce mandatory minimum prison terms in the flush text of subparagraph (B) to 2 years (from 5 years) and not less than 5 years (from not less than 10 years). (These provisions set mandatory minimum sentences for manufacturing, distributing, or possessing with intent to distribute specified quantities of controlled substances, such as 1 kilogram or more of heroin under subparagraph (A) or 100 grams or more of heroin under subparagraph (B).) This section amends the Controlled Substances Import and Export Act to exempt couriers from general mandatory minimum penalties under §1010(b) and instead establish terms of (1) not less than 5 years to life (no prior serious drug or violent felony conviction) or not less than 10 years to life (with such prior) in paragraph (1); and (2) not less than 2 years to life (no prior) or not less than 5 years to life (with such prior) in paragraph (2). (Thus, low-level couriers receive reduced minimums compared to other offenders for importing or exporting specified drug quantities.) This section applies the amendments to sentences imposed after enactment regardless of offense date and authorizes sentencing courts, on motion or sua sponte, to reduce sentences for pre-enactment covered offenses after considering sentencing factors under 18 U.S.C. §3553(a).
This section directs the U.S. Sentencing Commission, pursuant to 28 U.S.C. 994(p), to review and amend, if appropriate, its sentencing guidelines and policy statements applicable to offenses under 21 U.S.C. 841 (penalties for manufacturing, distributing, or possessing with intent to distribute controlled substances) or 21 U.S.C. 960 (penalties for importing or exporting controlled substances) to ensure consistency with amendments made by section 2. In doing so, the Commission must consider (1) minimizing the federal prison population under 28 U.S.C. 994(g); (2) its October 2011 report to Congress on mandatory minimum penalties; (3) fiscal implications; (4) public safety concerns; (5) Congress's intent for severe penalties on violent, repeat, and serious drug traffickers; and (6) reducing racial disparities in federal sentencing. The section grants the Commission emergency authority to promulgate such guidelines, policy statements, or amendments within 120 days of enactment using expedited procedures under section 21(a) of the Sentencing Act of 1987.
This section directs the Attorney General to submit to the Senate and House Judiciary Committees, not later than six months after enactment, a report outlining how reduced federal corrections expenditures and cost savings from this Act will be used to reduce overcrowding in Federal Bureau of Prisons facilities, increase investments in law enforcement and crime prevention, and reduce criminal recidivism.
This section requires the Attorney General to submit to the Senate and House Judiciary Committees, not later than one year after enactment, a report listing all federal criminal statutory offenses (i.e., criminal offenses under federal statutes), including for each offense the elements, potential criminal penalties, number of Department of Justice prosecutions over the preceding 15 years, and mens rea requirement. It further requires the heads of 30 specified federal agencies and commissions—including the Departments of Agriculture, Commerce, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, the Interior, Labor, Transportation, and the Treasury; the Commodity Futures Trading Commission; the Consumer Product Safety Commission; the Equal Employment Opportunity Commission; and others—to submit similar reports, not later than one year after enactment, listing all criminal regulatory offenses (i.e., federal regulations enforceable by criminal penalty) for their agencies, including for each the potential penalties, number of referrals to the Department of Justice for prosecution over the preceding 15 years, and mens rea requirement. Not later than two years after enactment, the Attorney General must establish a publicly accessible index of all such statutory offenses on the Department of Justice website, and each specified agency head must establish a similar index of regulatory offenses on their agency's website. This section states that nothing requires or authorizes appropriations.