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S3959119th Congress

Smarter Sentencing Act of 2026

Sponsored By: Senator Durbin, Richard J. [D-IL]

Introduced

Summary

This bill would reduce mandatory minimum sentences for certain federal drug offenses to focus punishment on more serious traffickers and couriers. It would also force quick updates to sentencing rules and require the government to catalog and publish all federal criminal offenses.

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  • People convicted of covered drug offenses would face lower mandatory minimums. Some 10-year minimums would fall to 5 years and some 5-year minimums would fall to 2 years. The bill also creates specific 5-year minimums for drug couriers and higher minimums for couriers with prior serious drug or violent felonies.
  • Sentencing courts would be able to seek reduced sentences for people sentenced before enactment. The United States Sentencing Commission would be required to revise guidelines and policy statements to match the changes and act within 120 days.
  • The Attorney General and many federal agencies named in the bill would prepare reports listing every criminal statutory and regulatory offense, the penalties, prosecution counts, and mens rea requirements within 1 year and publish a public index within 2 years. The Attorney General would also report within 6 months on how any prison savings would be used.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Changes to federal drug sentences

The bill would lower some federal drug mandatory minimum prison terms and add new rules for people defined as "couriers." For certain quantity-based drug tiers, it would change a 10-year minimum to 5 years and a 15-year reference to 10 years, and change a 5-year minimum to 2 years and a "not less than 10 years" rule to "not less than 5 years." For import/export courier offenses, it would set mandatory minimums: paragraph (1) couriers not less than 5 years (and not less than 10 years if they have a prior qualifying serious drug or violent felony), and paragraph (2) couriers not less than 2 years (and not less than 5 years with a qualifying prior). The bill would apply the new statutory penalties to any sentence imposed after enactment, and it would let courts reduce earlier sentences for "covered offenses" on motion after considering 18 U.S.C. 3553(a).

Public index and prison savings report

Within 1 year, the Attorney General would report a list of all federal criminal statutes with their elements, possible penalties, mens rea, and DOJ prosecution counts for each of the prior 15 years. Heads of designated federal agencies would also report lists of their criminal regulatory offenses with penalties, mens rea, and the number of referrals to DOJ each year for the prior 15 years. Within 2 years, the Attorney General and each listed agency would create a public, searchable online index of the listed offenses on their websites. Not later than 6 months after enactment, the Attorney General would also report to Congress how reduced corrections spending and any savings from this Act would be used to reduce BOP overcrowding, invest in law enforcement and crime prevention, and reduce recidivism. Nothing in this section would require or authorize new appropriations.

Faster review of sentencing guidelines

The bill would direct the U.S. Sentencing Commission to review and, if appropriate, amend sentencing guidelines and policy statements for the covered drug offenses so they match the statutory changes. The Commission would have to consider prison capacity, the October 2011 mandatory minimums report, fiscal effects, public safety, Congress's intent to keep severe penalties for violent and repeat traffickers, and reducing racial disparities. It would require the Commission to use emergency rulemaking procedures and complete promulgation not later than 120 days after enactment.

Sponsors & CoSponsors

Sponsor

Durbin, Richard J. [D-IL]

IL • D

Cosponsors

  • Sen. Lee, Mike [R-UT]

    UT • R

    Sponsored 3/2/2026

  • Sen. Booker, Cory A. [D-NJ]

    NJ • D

    Sponsored 3/2/2026

  • Sen. Schatz, Brian [D-HI]

    HI • D

    Sponsored 3/2/2026

  • Sen. King, Angus S., Jr. [I-ME]

    ME • I

    Sponsored 3/2/2026

  • Sen. Kaine, Tim [D-VA]

    VA • D

    Sponsored 3/2/2026

  • Sen. Warren, Elizabeth [D-MA]

    MA • D

    Sponsored 3/2/2026

  • Sen. Markey, Edward J. [D-MA]

    MA • D

    Sponsored 3/2/2026

  • Sen. Blumenthal, Richard [D-CT]

    CT • D

    Sponsored 3/2/2026

  • Sen. Sanders, Bernard [I-VT]

    VT • I

    Sponsored 3/2/2026

  • Sen. Wicker, Roger F. [R-MS]

    MS • R

    Sponsored 3/2/2026

Roll Call Votes

No roll call votes available for this bill.

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