Smarter Sentencing Act of 2015

Summary: Smarter Sentencing Act of 2015  Amends the federal criminal code to direct the court to impose a sentence for specified controlled substance offenses without regard to any statutory minimum sentence if the court finds that the criminal history category for the defendant is not higher than category two. (Currently, the court may disregard the statutory minimum if the defendant does not have more than one criminal history point.)  Authorizes a court that imposed a sentence for a crack cocaine possession or trafficking offense committed before August 3, 2010, on motion of the defendant, the Bureau of Prisons, the attorney for the government, or the court, to impose a reduced sentence as if provisions of the Fair Sentencing Act of 2010 were in effect at the time such offense was committed, provided such sentence was not previously imposed or reduced under such Act or such a motion wasn't previously denied. Amends the Controlled Substances Act (CSA) and the Controlled Substances Import and Export Act (CSIEA) to reduce mandatory minimum sentences for manufacturing, distributing, dispensing, possessing, importing, or exporting specified controlled substances and for such violations by a courier (defined as a person whose role was limited to transporting or storing drugs or money). Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements applicable to persons convicted of such an offense under the CSA and CSIEA to ensure consistency with this Act and to consider specified factors, including: (1) its mandate to formulate guidelines to minimize the likelihood that the federal prison population will exceed federal prison capacity, and (2) the need to reduce and prevent racial disparities in sentencing. Requires the Attorney General to: (1) report on how the reduced expenditures on federal corrections and cost savings resulting from this Act will be used to help reduce overcrowding in the Bureau of Prisons, increase investment in law enforcement and crime prevention, and reduce recidivism; (2) report a list of all criminal statutory offenses and the potential criminal penalty, the number of prosecutions brought by the Department of Justice each year for the previous 15 years, and the mens rea requirement for each offense; and (3) establish a publicly accessible index of each criminal statutory offense.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Smarter Sentencing Act of 2015''.

SEC. 2. APPLICABILITY OF STATUTORY MINIMUMS.

    Section 3553(f)(1) of title 18, United States Code, is amended by 
striking ``defendant'' and all that follows through ``point'' and 
inserting ``criminal history category for the defendant is not higher 
than category 2''.

SEC. 3. CLARIFICATION OF APPLICABILITY OF THE FAIR SENTENCING ACT.

    (a) Definition of Covered Offense.--In this section, the term 
``covered offense'' means a violation of a Federal criminal statute, 
the statutory penalties for which were modified by section 2 or 3 of 
the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372), 
that was committed before August 3, 2010.
    (b) Defendants Previously Sentenced.--A court that imposed a 
sentence for a covered offense, may, on motion of the defendant, the 
Director of the Bureau of Prisons, the attorney for the Government, or 
the court, impose a reduced sentence as if sections 2 and 3 of the Fair 
Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372) were in 
effect at the time the covered offense was committed.
    (c) Limitations.--No court shall entertain a motion made under this 
section to reduce a sentence if the sentence was previously imposed or 
previously reduced in accordance with the amendments made by sections 2 
and 3 of the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 
2372) or if a motion made under this section to reduce the sentence was 
previously denied. Nothing in this section shall be construed to 
require a court to reduce any sentence pursuant to this section.

SEC. 4. 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), by adding at the end 
        the following:
            ``(57) 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 the flush text following clause (viii)--
                            (i) by striking ``10 years or more'' and 
                        inserting ``5 years or more'';
                            (ii) by striking ``such person shall be 
                        sentenced to a term of imprisonment which may 
                        not be less than 20 years and'' and inserting 
                        ``such person shall be sentenced to a term of 
                        imprisonment of not less than 10 years and''; 
                        and
                            (iii) by striking ``mandatory term of life 
                        imprisonment without release'' and inserting 
                        ``term of imprisonment of not less than 20 
                        years''; and
                    (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
            (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''.

SEC. 5. 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 sections 2 and 4 of this Act and reflect the intent 
of Congress that such penalties be decreased in accordance with the 
amendments made by section 4 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. 6. 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. 7. 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.