,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #cchb  ,,in ,,the ,,house ,,of  
,,representatives  ,october #cj1 #bjac  
,mr4 ,labrador 7for himself1 ,mr4 ,scott
 of ,virginia1 ,mr4 ,conyers1 ,mr4      
,johnson of ,georgia1 ,mr4 ,richmond1   
,mr4 ,bachus1 ,mr4 ,cohen1 ,mr4         
,jeffries1 and ,mr4 ,rodney ,davis of   
,illinois7 introduced the following     
bill2 which was referred to the         
,committee on the ,judiciary1 and in    
addition to the ,committee on ,energy   
and ,commerce1 for a period to be       
subsequently determined by the ,speaker1
 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 offenders4
  #a4 ,short title ,this ,act may be    
cited as the ,smarter ,sentencing ,act  
of #bjac4  #b4 ,applicability of        
statutory minimums ,section             
#ceec7;f77#a7 of title #ah1 ,united     
,states ,code1 is amended by striking   

defendant and all that follows through  
point and inserting criminal history    
category for the defendant is not higher
 than category #b4  #c4 ,clarification  
of applicability of the ,fair           
,sentencing ,act  7a7 ,definition of    
covered offense ,in this section1 the   
term covered offense means a violation  
of a ,federal criminal statute1 the     
statutory penalties for which were      
modified by section #b or #c of the     
,fair ,sentencing ,act of #bjaj 7,public
 ,law #aaa-bbj2 #abd ,stat4 #bcgb71 that
 was committed before ,august #c1 #bjaj4
  7b7 ,defendants previously sentenced  
,a court that imposed a sentence for a  
covered offense1 may1 on motion of the  
defendant1 the ,director of the ,bureau 
of ,prisons1 the attorney for the       
,government1 or the court1 impose a     
reduced sentence as if sections #b and  
#c of the ,fair ,sentencing ,act of     
#bjaj 7,public ,law #aaa-bbj2 #abd      
,stat4 #bcgb7 were in effect at the time
 the covered offense was committed4  7c7

 ,limitations ,no court shall entertain 
a motion made under this section to     
reduce a sentence if the sentence was   
previously imposed or previously reduced
 in accordance with the amendments made 
by sections #b and #c of the ,fair      
,sentencing ,act of #bjaj 7,public ,law 
#aaa-bbj2 #abd ,stat4 #bcgb7 or if a    
motion made under this section to reduce
 the sentence was previously denied4    
,nothing in this section shall be       
construed to require a court to reduce  
any sentence pursuant to this section4  
#d4 ,sentencing modifications for       
certain drug offenses  7a7 ,controlled  
,substances ,act ,section #dja7;b77#a7  
of the ,controlled ,substances ,act 7#ba
 ,u4,s4,c4 #hda7;b77#a77 is amended--   
7#a7 in subparagraph 7,a71 in the flush 
text following clause 7viii7--  7,a7 by 
striking #aj years or more and inserting
 #e years or more2 and  7,b7 by striking
 such person shall be sentenced to a    
term of imprisonment which may not be   
less than #bj years and and inserting   

such person shall be sentenced to a term
 of imprisonment which may not be less  
than #aj years and2 and  7#b7 in        
subparagraph 7,b71 in the flush text    
following clause 7viii7--  7,a7 by      
striking #e years and inserting #b      
years2 and  7,b7 by striking not be less
 than #aj years and inserting not be    
less than #e years4  7b7 ,controlled    
,substances ,import and ,export ,act    
,section #ajaj7;b7 of the ,controlled   
,substances ,import and ,export ,act    
7#ba ,u4,s4,c4 #ifj7;b77 is amended--   
7#a7 in paragraph 7#a71 in the flush    
text following subparagraph 7,h7--  7,a7
 by striking not less than #aj years and
 inserting not less than #e years2 and  
7,b7 by striking such person shall be   
sentenced to a term of imprisonment of  
not less than #bj years and inserting   
such person shall be sentenced to a term
 of imprisonment of not less than #aj   
years2 and  7#b7 in paragraph 7#b71 in  
the flush text following subparagraph   
7,h7--  7,a7 by striking #e years and   

inserting #b years2 and  7,b7 by        
striking #aj years and inserting #e     
years4  #e4 ,directive to the           
,sentencing ,commission  7a7 ,directive 
to ,sentencing ,commission ,pursuant to 
its authority under section #iid7p7 of  
title #bh1 ,united ,states ,code1 and in
 accordance with this section1 the      
,united ,states ,sentencing ,commission 
shall review and amend1 if appropriate1 
its guidelines and its policy statements
 applicable to persons convicted of an  
offense under section #dja of the       
,controlled ,substances ,act 7#ba       
,u4,s4,c4 #hda7 or section #ajaj of the 
,controlled ,substances ,import and     
,export ,act 7#ba ,u4,s4,c4 #ifj7 to    
ensure that the guidelines and policy   
statements are consistent with the      
amendments made by sections #b and #d of
 this ,act and reflect the intent of    
,congress that such penalties be        
decreased in accordance with the        
amendments made by section #d of this   
,act4  7b7 ,considerations ,in carrying 

out this section1 the ,united ,states   
,sentencing ,commission shall consider--
  7#a7 the mandate of the ,united       
,states ,sentencing ,commission1 under  
section #iid7;g7 of title #bh1 ,united  
,states ,code1 to formulate the         
sentencing guidelines in such a way as  
to minimize the likelihood that the     
,federal prison population will exceed  
the capacity of the ,federal prisons2   
7#b7 the findings and conclusions of the
 ,united ,states ,sentencing ,commission
 in its ,october #bjaa report to        
,congress entitled1 ,mandatory ,minimum 
,penalties in the ,federal ,criminal    
,justice ,system2  7#c7 the fiscal      
implications of any amendments or       
revisions to the sentencing guidelines  
or policy statements made by the ,united
 ,states ,sentencing ,commission2  7#d7 
the relevant public safety concerns     
involved in the considerations before   
the ,united ,states ,sentencing         
,commission2  7#e7 the intent of        
,congress that penalties for violent and

 serious drug traffickers who present   
public safety risks remain appropriately
 severe2 and  7#f7 the need to reduce   
and prevent racial disparities in       
,federal sentencing4  7c7 ,emergency    
authority ,the ,united ,states          
,sentencing ,commission shall--  7#a7   
promulgate the guidelines1 policy       
statements1 or amendments provided for  
in this ,act as soon as practicable1 and
 in any event not later than #abj days  
after the date of enactment of this     
,act1 in accordance with the procedure  
set forth in section #ba7;a7 of the     
,sentencing ,act of #aihg 7#bh ,u4,s4,c4
 #iid note71 as though the authority    
under that ,act had not expired2 and    
7#b7 pursuant to the emergency authority
 provided under paragraph 7#a71 make    
such conforming amendments to the       
,federal sentencing guidelines as the   
,commission determines necessary to     
achieve consistency with other guideline
 provisions and applicable law4  #f4    
,report by ,attorney ,general ,not later

 than #f months after the date of       
enactment of this ,act1 the ,attorney   
,general shall submit to the ,committees
 on the ,judiciary of the ,house of     
,representatives and the ,senate a      
report outlining how the reduced        
expenditures on ,federal corrections and
 the cost savings resulting from this   
,act will be used to help reduce        
overcrowding in the ,federal ,bureau of 
,prisons1 help increase proper          
investment in law enforcement and crime 
prevention1 and help reduce criminal    
recidivism1 thereby increasing the      
effectiveness of ,federal criminal      
justice spending4