Smarter Sentencing Act of 2013

Summary: Smarter Sentencing Act of 2013 - 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 Director of 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.  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. Directs the 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, (2) fiscal implications of changes, (3) relevant public safety concerns, (4) the intent of Congress that penalties for violent and serious drug traffickers who present public safety risks remain appropriately severe, and (5) the need to reduce and prevent racial disparities in sentencing. Requires the Attorney General to report on how the reduced expenditures on federal corrections and cost savings resulting from this Act will be used to help reduce overcrowding, increase investment in law enforcement and crime prevention, and reduce recidivism.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Smarter Sentencing Act of 2013''.

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.--Section 401(b)(1) of the Controlled 
Substances Act (21 U.S.C. 841(b)(1)) is amended--
            (1) in subparagraph (A), in the flush text following clause 
        (viii)--
                    (A) by striking ``10 years or more'' and inserting 
                ``5 years or more''; and
                    (B) 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 which may not be 
                less than 10 years and''; and
            (2) in subparagraph (B), in the flush text following clause 
        (viii)--
                    (A) by striking ``5 years'' and inserting ``2 
                years''; and
                    (B) 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 striking ``not less than 10 years'' and 
                inserting ``not less than 5 years''; and
                    (B) by striking ``such person shall be sentenced to 
                a term of imprisonment of not less than 20 years'' and 
                inserting ``such person shall be sentenced to a term of 
                imprisonment of not less than 10 years''; and
            (2) in paragraph (2), in the flush text following 
        subparagraph (H)--
                    (A) by striking ``5 years'' and inserting ``2 
                years''; and
                    (B) by striking ``10 years'' and inserting ``5 
                years''.

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 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.