What does Preamble of Smarter Sentencing Act of 2026 do?

This bill is formally titled 'A BILL To focus limited Federal resources on the most serious offenders.'

What does SHORT TITLE. of Smarter Sentencing Act of 2026 do?

This bill is formally titled the Smarter Sentencing Act of 2026.

What does SENTENCING MODIFICATIONS FOR CERTAIN DRUG OFFENSES. of Smarter Sentencing Act of 2026 do?

This section amends the Controlled Substances Act and the Controlled Substances Import and Export Act to modify sentencing guidelines for certain drug offenses. It defines a 'courier' as a defendant whose role was limited to transporting or storing drugs or money. The maximum sentence for certain drug offenses under the Controlled Substances Act is reduced from 10 years or more to 5 years or more, and from 15 years to 10 years. Sentencing for violations under the Controlled Substances Import and Export Act are modified, distinguishing between those who are couriers and those who are not. If a courier commits a violation, their sentence is determined based on whether they have a prior conviction for a serious drug felony or serious violent felony. The changes apply to pending cases, meaning any sentence imposed after the Act's enactment, regardless of when the offense occurred. Defendants convicted or sentenced before the Act's enactment for covered offenses may be eligible for a reduced sentence upon motion.

What does DIRECTIVE TO THE SENTENCING COMMISSION. of Smarter Sentencing Act of 2026 do?

This section directs the United States Sentencing Commission to review and amend its guidelines and policy statements related to offenses under sections 401 and 1010 of the Controlled Substances Act. The Commission's review must ensure consistency with amendments made by section 2 of this Act. The Commission must consider factors including minimizing the Federal prison population, a 2011 report on mandatory minimum penalties, fiscal implications, public safety concerns, the need for severe penalties for drug traffickers, and reducing racial disparities in sentencing. The Commission is granted emergency authority to promulgate guidelines, policy statements, or amendments within 120 days of the Act's enactment. The Commission may make conforming amendments to the Federal sentencing guidelines to ensure consistency.

What does REPORT BY ATTORNEY GENERAL. of Smarter Sentencing Act of 2026 do?

This section requires the Attorney General to submit a report to the Senate and House Judiciary Committees. The report must outline how reduced expenditures on Federal corrections and cost savings from the Act will be used. The report's focus is on reducing overcrowding in the Federal Bureau of Prisons. It also addresses increasing investment in law enforcement and crime prevention. Finally, the report must detail how these actions will help reduce criminal recidivism and improve the effectiveness of Federal criminal justice spending.

What does REPORT ON FEDERAL CRIMINAL OFFENSES. of Smarter Sentencing Act of 2026 do?

This section requires the Attorney General to submit a report to the Senate and House Judiciary Committees listing all federal criminal statutory offenses, including their elements and potential penalties. The report on criminal statutory offenses must also include the number of prosecutions for each offense over the 15 years preceding the Act's enactment and the required mens rea. Heads of specified federal agencies must submit a similar report on criminal regulatory offenses enforceable by their agency. Each agency report must detail the potential penalties, the number of violations referred for prosecution over 15 years, and the mens rea requirement for each offense. The specified agencies include the Department of Agriculture, the Department of Commerce, and many others listed in subsection (c)(2). Within two years of enactment, the Attorney General and agency heads must establish publicly accessible indexes of these offenses on their respective websites. This section does not require or authorize any new appropriations.

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Smarter Sentencing Act of 2026

Last updated: 3/2/2026 · Introduced: 3/2/2026

Author: Richard Durbin (D-IL)

TL;DR (AI)

This bill modifies federal sentencing guidelines for certain drug offenses, reducing maximum penalties and distinguishing between drug traffickers and couriers.
It directs the United States Sentencing Commission to review and amend sentencing guidelines to align with the changes and consider factors like prison population, fiscal impact, and racial disparities.
The Attorney General must report on how cost savings from the bill will be used to reduce prison overcrowding, invest in law enforcement, and improve criminal justice spending effectiveness, and must also compile a comprehensive list of all federal criminal and regulatory offenses with their penalties and prosecution data.

119th Congressin committeeHR. 2159(Passed House)Official page

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Other Sections

Includes provisions on preamble, short title., and 4 more.

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