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. JOHN-
SON
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 addi-
tion to the Committee on Energy and Commerce, for a period to be sub-
sequently 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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 
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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 Sen-
tencing 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 sen-
tence was previously imposed or previously reduced in ac-
cordance 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 sec-
tion to reduce the sentence was previously denied. Nothing 
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(4) the relevant public safety concerns involved 
in the considerations before the United States Sen-
tencing Commission; 
(5) the intent of Congress that penalties for 
violent and serious drug traffickers who present pub-
lic safety risks remain appropriately severe; and 
(6) the need to reduce and prevent racial dis-
parities in Federal sentencing. 
(c) EMERGENCY AUTHORITY.—The United States 
Sentencing Commission shall— 
(1) promulgate the guidelines, policy state-
ments, 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 pro-
vided 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 ap-
plicable law. 
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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 Com-
mittees on the Judiciary of the House of Representatives 
and the Senate a report outlining how the reduced expend-
itures on Federal corrections and the cost savings result-
ing from this Act will be used to help reduce overcrowding 
in the Federal Bureau of Prisons, help increase proper in-
vestment in law enforcement and crime prevention, and 
help reduce criminal recidivism, thereby increasing the ef-
fectiveness of Federal criminal justice spending. 
Æ 
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