Federal mandatory minimum sentences for certain drug offenses would drop under this bill — the top-tier minimum falls from 10 years to 5 years, and the mid-tier minimum drops from 5 years to 2 years, with corresponding reductions for repeat offenders. A new legal category called 'courier' is created for defendants whose role was limited to transporting or storing drugs, applying lower mandatory minimums to that subset. The changes apply both to future sentences and allow courts to reduce sentences for people already convicted under the old thresholds, on motion of the defendant, the Bureau of Prisons, or the government. The U.S. Sentencing Commission must update its guidelines within 120 days, and the Attorney General must report to Congress within six months on how resulting cost savings will be directed toward prison overcrowding, law enforcement, and recidivism reduction. The bill also requires a comprehensive public index of all federal criminal statutory and regulatory offenses, including their penalties and mens rea requirements, to be published within two years.
Criminal Justice & Due Process
- Top-tier drug mandatory minimum — reduced from 10 years to 5 years
- Mid-tier drug mandatory minimum — reduced from 5 years to 2 years
- Courier-role mandatory minimum — lower floor for transport/storage-only defendants
- Retroactive sentence-reduction motion — defendant, BOP, or government may file
Transparency & Accountability
- Public index of federal criminal offenses — penalties and mens rea published within 2 years
- AG reporting requirement — cost-savings allocation reported to Congress within 6 months
Congressional Summary
Smarter Sentencing Act of 2026This bill reduces statutory mandatory minimum penalties for certain drug offenses, requires reporting on the impact of cost savings from the reductions, and establishes a public database of federal criminal offenses.First, the bill reduces statutory mandatory minimum penalties for two types of offenders: (1) individuals who manufacture, distribute, or possess with intent to distribute a controlled substance; and (2) couriers who import or export a controlled substance.Second, the bill requires the Department of Justice (DOJ) to report on how the reduced expenditures on federal corrections and cost savings from the reductions in mandatory minimum sentences help to reduce overcrowding in federal prisons, increase investment in law enforcement and crime prevention, and reduce recidivism.Third, the bill requires DOJ and federal agencies to report on and create public databases of all criminal offenses—criminal statutory offenses and criminal regulatory offenses.
Details
- Congress
- 119th
- Chamber
- Senate
- Status
- summarized
- Action
- Introduced in Senate
- Action Date
- 2026-03-02
- Date Added
- 2026-05-29
- Source
- Congress.gov →
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