Did the Smarter Sentencing Act Pass? 2024 Legislative Update

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Table of Contents#

1. What Is the Smarter Sentencing Act, Exactly?
2. A Brief Legislative History of the Bill
3. Did the Smarter Sentencing Act Pass? Final 2024 Outcome
4. Key Barriers That Blocked Full Passage
5. Smarter Sentencing Act Provisions Already Implemented Separately
6. Next Steps for Federal Sentencing Reform
7. Frequently Asked Questions
8. References

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What Is the Smarter Sentencing Act, Exactly?#

First introduced in 2013, the Smarter Sentencing Act is a bipartisan bill designed to reduce excessive sentences for low-level, nonviolent federal offenders while preserving mandatory minimum penalties for violent and high-level criminal actors. Core provisions across all iterations of the bill include:

• Cutting mandatory minimum sentences for nonviolent federal drug offenses by 50%
• Making the 2010 Fair Sentencing Act (which reduced the 100:1 sentencing disparity between crack and powder cocaine offenses) retroactive to allow people sentenced under pre-2010 guidelines to petition for resentencing
• Expanding judicial "safety valve" discretion to waive mandatory minimum penalties for low-level offenders with no history of violence or serious criminal activity
• Eliminating mandatory life sentences for nonviolent "three strikes" drug offenders
• Requiring the U.S. Sentencing Commission to update guidelines to reflect reduced penalties for nonviolent offenses

The bill has consistently earned cross-party support, with co-sponsorship from both Democratic and Republican lawmakers, and endorsements from groups ranging from the American Civil Liberties Union (ACLU) to conservative anti-spending organization FreedomWorks.

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A Brief Legislative History of the Bill#

The Smarter Sentencing Act has been reintroduced in every session of Congress since 2013, with incremental progress in each cycle:

• 113th Congress (2013-2014): First introduced, passed the Senate Judiciary Committee by a 13-5 vote, but never received a full floor vote ahead of midterm elections.
• 114th Congress (2015-2016): Reintroduced with 30+ bipartisan co-sponsors, passed the Senate Judiciary Committee again, but stalled amid election-year "tough on crime" messaging from Republican leadership.
• 115th Congress (2017-2018): Reintroduced, but legislative focus shifted to the narrower First Step Act, which was signed into law in 2018.
• 117th Congress (2021-2022): Reintroduced, passed the House Judiciary Committee, but blocked from a full House vote by Republican leadership citing rising fentanyl overdose rates.
• 118th Congress (2023-2024): Reintroduced as S.1013 (Senate) and H.R.2368 (House) with 25+ bipartisan co-sponsors.

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Did the Smarter Sentencing Act Pass? Final 2024 Outcome#

As of October 2024, the full, standalone Smarter Sentencing Act has never been passed by both chambers of Congress and signed into law.

The 2023-2024 iteration of the bill remains in the House and Senate Judiciary Committees, with no scheduled floor votes. Like all unpassed congressional legislation, it will expire at the end of the 118th Congress in January 2025 unless it is advanced for a vote and signed into law before that date. Advocates note there is almost no remaining legislative calendar time for the bill to move forward in 2024, given congressional focus on must-pass spending bills and election year priorities.

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Key Barriers That Blocked Full Passage#

Four core factors have prevented the Smarter Sentencing Act from becoming law despite broad public and bipartisan support:

1. "Tough on crime" political messaging: Opponents, largely from the Republican Party, have framed the bill as "soft on crime" amid post-2020 rises in violent crime and fentanyl overdose rates, claiming reduced mandatory minimums would release high-level drug traffickers.
2. Congressional gridlock: Partisan fights over immigration, federal spending, and social policy have pushed criminal justice reform off the list of priority issues for both parties in recent years.
3. Narrower reform siphoned support: The 2018 First Step Act, which included limited sentencing reform provisions, led some lawmakers to argue no further federal sentencing changes are needed.
4. **Law enforcement lobbying: Police unions and federal prosecutor associations have opposed the bill, claiming mandatory minimums are critical to negotiating plea deals with high-level criminal actors.

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Smarter Sentencing Act Provisions Already Implemented Separately#

While the full bill has not passed, several of its core goals have been enacted via other legislation or administrative action:

1. Retroactive Fair Sentencing Act application: The 2018 First Step Act made the 2010 Fair Sentencing Act’s crack cocaine sentencing reforms retroactive, allowing over 20,000 people to petition for resentencing as of 2024.
2. Expanded judicial safety valve: A 2023 U.S. Sentencing Commission rule change expanded eligibility for the safety valve to waive mandatory minimums for low-level drug offenders, aligning with the Smarter Sentencing Act’s language.
3. Reduced drug offense sentencing guidelines: The same 2023 Sentencing Commission update reduced average sentence lengths for nonviolent drug offenses by 15-20%, with retroactive application to people currently serving sentences, affecting an estimated 17,000 people.
4. DOJ prosecutorial guidance: The Biden administration issued Department of Justice guidance in 2021 instructing federal prosecutors to avoid pursuing mandatory minimum penalties for low-level, nonviolent drug offenses in most cases.

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Next Steps for Federal Sentencing Reform#

Advocates remain optimistic that the Smarter Sentencing Act could advance in the 2025-2026 119th Congress:

1. The bill is expected to be reintroduced with bipartisan co-sponsorship on the first day of the 119th Congress.
2. Grassroots groups including Families Against Mandatory Minimums (FAMM) are running targeted campaigns in swing congressional districts to pressure lawmakers to support the bill.
3. Advocates are pushing to attach the Smarter Sentencing Act’s provisions to must-pass omnibus spending bills, which are far more likely to receive a vote than standalone reform legislation.
4. If congressional progress remains stalled, the U.S. Sentencing Commission could issue further guideline adjustments to reduce sentences for nonviolent offenses without legislative action.

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Frequently Asked Questions#

Q: Would the Smarter Sentencing Act apply retroactively if passed?#

A: All versions of the bill introduced since 2013 include full retroactive application for people currently serving sentences for offenses covered by the reform. The Congressional Budget Office estimates around 60,000 people would be eligible for resentencing if the full bill passes.

Q: Does the bill apply to violent offenses?#

A: No, all provisions are explicitly limited to nonviolent drug offenses and other nonviolent federal crimes. Mandatory minimums for violent offenses, weapons offenses, and high-level drug trafficking remain unchanged.

Q: How much would the bill save taxpayers?#

A: The CBO estimates the bill would reduce federal prison spending by roughly $3 billion over 10 years, as shorter sentences reduce the federal Bureau of Prisons operational costs.

Q: Is there bipartisan support for the bill?#

A: Yes, every version of the bill introduced since 2013 has had both Democratic and Republican co-sponsors, and polling shows 70% of U.S. voters support reducing mandatory minimums for nonviolent offenses.

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References#

1. Congress.gov. (2024). Smarter Sentencing Act of 2023 (S.1013, H.R.2368) Legislative History. Retrieved from https://www.congress.gov/bill/118th-congress/senate-bill/1013
2. American Civil Liberties Union. (2023). Smarter Sentencing Act Fact Sheet. Retrieved from https://www.aclu.org/resources/smarter-sentencing-act-fact-sheet
3. Congressional Budget Office. (2021). Cost Estimate for the Smarter Sentencing Act of 2021. Retrieved from https://www.cbo.gov/publication/57164
4. U.S. Sentencing Commission. (2023). 2023 Amendments to the Sentencing Guidelines for Drug Offenses. Retrieved from https://www.ussc.gov/guidelines/2023-guidelines-amendments
5. FAMM (Families Against Mandatory Minimums). (2024). Smarter Sentencing Act Resource Page. Retrieved from https://famm.org/our-work/legislation/smarter-sentencing-act/