I 

113TH CONGRESS 

1ST SESSION H. R. 3382 

To focus limited Federal resources on the most serious offenders. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 30, 2013 

Mr. LABRADOR (for himself, Mr. SCOTT of Virginia, Mr. CONYERS, Mr. JOHNSON of Georgia, Mr. RICHMOND, Mr. BACHUS, Mr. COHEN, Mr. 

JEFFRIES, and Mr. RODNEY DAVIS of Illinois) introduced the following 

bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To focus limited Federal resources on the most serious 

offenders. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Smarter Sentencing 

5 Act of 2013’’. 

6 SEC. 2. APPLICABILITY OF STATUTORY MINIMUMS. 

7 Section 3553(f)(1) of title 18, United States Code, 

8 is amended by striking ‘‘defendant’’ and all that follows 


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1 through ‘‘point’’ and inserting ‘‘criminal history category 

2 for the defendant is not higher than category 2’’. 

3 SEC. 3. CLARIFICATION OF APPLICABILITY OF THE FAIR 

4 SENTENCING ACT. 

5 (a) DEFINITION OF COVERED OFFENSE.—In this 

6 section, the term ‘‘covered offense’’ means a violation of 

7 a Federal criminal statute, the statutory penalties for 

8 which were modified by section 2 or 3 of the Fair Sen9 tencing Act of 2010 (Public Law 111–220; 124 Stat. 

10 2372), that was committed before August 3, 2010. 

11 (b) DEFENDANTS PREVIOUSLY SENTENCED.—A 

12 court that imposed a sentence for a covered offense, may, 

13 on motion of the defendant, the Director of the Bureau 

14 of Prisons, the attorney for the Government, or the court, 

15 impose a reduced sentence as if sections 2 and 3 of the 

16 Fair Sentencing Act of 2010 (Public Law 111–220; 124 

17 Stat. 2372) were in effect at the time the covered offense 

18 was committed. 

19 (c) LIMITATIONS.—No court shall entertain a motion 

20 made under this section to reduce a sentence if the sen21 tence was previously imposed or previously reduced in ac22 cordance with the amendments made by sections 2 and 

23 3 of the Fair Sentencing Act of 2010 (Public Law 111– 

24 220; 124 Stat. 2372) or if a motion made under this sec25 tion to reduce the sentence was previously denied. Nothing 


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1 in this section shall be construed to require a court to re2 duce any sentence pursuant to this section. 

3 SEC. 4. SENTENCING MODIFICATIONS FOR CERTAIN DRUG 

4 OFFENSES. 

5 (a) CONTROLLED SUBSTANCES ACT.—Section 

6 401(b)(1) of the Controlled Substances Act (21 U.S.C. 

7 841(b)(1)) is amended— 

8 (1) in subparagraph (A), in the flush text fol9 lowing clause (viii)— 

10 (A) by striking ‘‘10 years or more’’ and in11 serting ‘‘5 years or more’’; and 

12 (B) by striking ‘‘such person shall be sen13 tenced to a term of imprisonment which may 

14 not be less than 20 years and’’ and inserting 

15 ‘‘such person shall be sentenced to a term of 

16 imprisonment which may not be less than 10 

17 years and’’; and 

18 (2) in subparagraph (B), in the flush text fol19 lowing clause (viii)— 

20 (A) by striking ‘‘5 years’’ and inserting ‘‘2 

21 years’’; and 

22 (B) by striking ‘‘not be less than 10 years’’ 

23 and inserting ‘‘not be less than 5 years’’. 


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1 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

2 ACT.—Section 1010(b) of the Controlled Substances Im3 port and Export Act (21 U.S.C. 960(b)) is amended— 

4 (1) in paragraph (1), in the flush text following 

5 subparagraph (H)— 

6 (A) by striking ‘‘not less than 10 years’’ 

7 and inserting ‘‘not less than 5 years’’; and 

8 (B) by striking ‘‘such person shall be sen9 tenced to a term of imprisonment of not less 

10 than 20 years’’ and inserting ‘‘such person shall 

11 be sentenced to a term of imprisonment of not 

12 less than 10 years’’; and 

13 (2) in paragraph (2), in the flush text following 

14 subparagraph (H)— 

15 (A) by striking ‘‘5 years’’ and inserting ‘‘2 

16 years’’; and 

17 (B) by striking ‘‘10 years’’ and inserting 

18 ‘‘5 years’’. 

19 SEC. 5. DIRECTIVE TO THE SENTENCING COMMISSION. 

20 (a) DIRECTIVE TO SENTENCING COMMISSION.—Pur21 suant to its authority under section 994(p) of title 28, 

22 United States Code, and in accordance with this section, 

23 the United States Sentencing Commission shall review and 

24 amend, if appropriate, its guidelines and its policy state25 ments applicable to persons convicted of an offense under 


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1 section 401 of the Controlled Substances Act (21 U.S.C. 

2 841) or section 1010 of the Controlled Substances Import 

3 and Export Act (21 U.S.C. 960) to ensure that the guide4 lines and policy statements are consistent with the amend5 ments made by sections 2 and 4 of this Act and reflect 

6 the intent of Congress that such penalties be decreased 

7 in accordance with the amendments made by section 4 of 

8 this Act. 

9 (b) CONSIDERATIONS.—In carrying out this section, 

10 the United States Sentencing Commission shall con11 sider— 

12 (1) the mandate of the United States Sen13 tencing Commission, under section 994(g) of title 

14 28, United States Code, to formulate the sentencing 

15 guidelines in such a way as to ‘‘minimize the likeli16 hood that the Federal prison population will exceed 

17 the capacity of the Federal prisons’’; 

18 (2) the findings and conclusions of the United 

19 States Sentencing Commission in its October 2011 

20 report to Congress entitled, Mandatory Minimum 

21 Penalties in the Federal Criminal Justice System; 

22 (3) the fiscal implications of any amendments 

23 or revisions to the sentencing guidelines or policy 

24 statements made by the United States Sentencing 

25 Commission; 


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1 (4) the relevant public safety concerns involved 

2 in the considerations before the United States Sen3 tencing Commission; 

4 (5) the intent of Congress that penalties for 

5 violent and serious drug traffickers who present pub6 lic safety risks remain appropriately severe; and 

7 (6) the need to reduce and prevent racial dis8 parities in Federal sentencing. 

9 (c) EMERGENCY AUTHORITY.—The United States 

10 Sentencing Commission shall— 

11 (1) promulgate the guidelines, policy state12 ments, or amendments provided for in this Act as 

13 soon as practicable, and in any event not later than 

14 120 days after the date of enactment of this Act, in 

15 accordance with the procedure set forth in section 

16 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 

17 note), as though the authority under that Act had 

18 not expired; and 

19 (2) pursuant to the emergency authority pro20 vided under paragraph (1), make such conforming 

21 amendments to the Federal sentencing guidelines as 

22 the Commission determines necessary to achieve 

23 consistency with other guideline provisions and ap24 plicable law. 


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1 SEC. 6. REPORT BY ATTORNEY GENERAL. 

2 Not later than 6 months after the date of enactment 

3 of this Act, the Attorney General shall submit to the Com4 mittees on the Judiciary of the House of Representatives 

5 and the Senate a report outlining how the reduced expend6 itures on Federal corrections and the cost savings result7 ing from this Act will be used to help reduce overcrowding 

8 in the Federal Bureau of Prisons, help increase proper in9 vestment in law enforcement and crime prevention, and 

10 help reduce criminal recidivism, thereby increasing the ef11 fectiveness of Federal criminal justice spending. 

Æ 


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