[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1410 Reported in Senate (RS)]

                                                       Calendar No. 320
113th CONGRESS
  2d Session
                                S. 1410

   To focus limited Federal resources on the most serious offenders.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2013

Mr. Durbin (for himself, Mr. Lee, Mr. Leahy, Mr. Whitehouse, Mr. Paul, 
     Mr. King, Mr. Heinrich, Mr. Levin, Mr. Flake, Mr. Cruz, Mrs. 
 Gillibrand, Mr. Cardin, Mr. Murphy, Mr. Udall of New Mexico, and Ms. 
   Landrieu) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

                             March 11, 2014

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To focus limited Federal resources on the most serious offenders.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Smarter Sentencing Act of 
2013''.</DELETED>

<DELETED>SEC. 2. APPLICABILITY OF STATUTORY MINIMUMS.</DELETED>

<DELETED>    Section 3553(f)(1) of title 18, United States Code, is 
amended by striking ``defendant'' and all that follows through 
``point'' and inserting ``criminal history category for the defendant 
is not higher than category 2''.</DELETED>

<DELETED>SEC. 3. CLARIFICATION OF APPLICABILITY OF THE FAIR SENTENCING 
              ACT.</DELETED>

<DELETED>    (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 Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 
2372), that was committed before August 3, 2010.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) 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 2 and 3 of the Fair Sentencing Act of 2010 (Public Law 111-
220; 124 Stat. 2372) or if a motion made under this section to reduce 
the sentence was previously denied. Nothing in this section shall be 
construed to require a court to reduce any sentence pursuant to this 
section.</DELETED>

<DELETED>SEC. 4. SENTENCING MODIFICATIONS FOR CERTAIN DRUG 
              OFFENSES.</DELETED>

<DELETED>    (a) Controlled Substances Act.--Section 401(b)(1) of the 
Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (A), in the flush text 
        following clause (viii)--</DELETED>
                <DELETED>    (A) by striking ``10 years or more'' and 
                inserting ``5 years or more''; and</DELETED>
                <DELETED>    (B) by striking ``such person shall be 
                sentenced to a term of imprisonment which may not be 
                less than 20 years and'' and inserting ``such person 
                shall be sentenced to a term of imprisonment which may 
                not be less than 10 years and''; and</DELETED>
        <DELETED>    (2) in subparagraph (B), in the flush text 
        following clause (viii)--</DELETED>
                <DELETED>    (A) by striking ``5 years'' and inserting 
                ``2 years''; and</DELETED>
                <DELETED>    (B) by striking ``not be less than 10 
                years'' and inserting ``not be less than 5 
                years''.</DELETED>
<DELETED>    (b) Controlled Substances Import and Export Act.--Section 
1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 
960(b)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), in the flush text following 
        subparagraph (H)--</DELETED>
                <DELETED>    (A) by striking ``not less than 10 years'' 
                and inserting ``not less than 5 years''; and</DELETED>
                <DELETED>    (B) by striking ``such person shall be 
                sentenced to a term of imprisonment of not less than 20 
                years'' and inserting ``such person shall be sentenced 
                to a term of imprisonment of not less than 10 years''; 
                and</DELETED>
        <DELETED>    (2) in paragraph (2), in the flush text following 
        subparagraph (H)--</DELETED>
                <DELETED>    (A) by striking ``5 years'' and inserting 
                ``2 years''; and</DELETED>
                <DELETED>    (B) by striking ``10 years'' and inserting 
                ``5 years''.</DELETED>

<DELETED>SEC. 5. DIRECTIVE TO THE SENTENCING COMMISSION.</DELETED>

<DELETED>    (a) Directive to Sentencing Commission.--Pursuant to its 
authority under section 994(p) of title 28, United States Code, and in 
accordance with this section, the United States Sentencing Commission 
shall review and amend, if appropriate, its guidelines and its policy 
statements applicable to persons convicted of an offense under section 
401 of the Controlled Substances Act (21 U.S.C. 841) or section 1010 of 
the Controlled Substances Import and Export Act (21 U.S.C. 960) to 
ensure that the guidelines and policy statements are consistent with 
the amendments made by sections 2 and 4 of this Act and reflect the 
intent of Congress that such penalties be decreased in accordance with 
the amendments made by section 4 of this Act.</DELETED>
<DELETED>    (b) Considerations.--In carrying out this section, the 
United States Sentencing Commission shall consider--</DELETED>
        <DELETED>    (1) the mandate of the United States Sentencing 
        Commission, under section 994(g) of title 28, United States 
        Code, 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 prisons'';</DELETED>
        <DELETED>    (2) the findings and conclusions of the United 
        States Sentencing Commission in its October 2011 report to 
        Congress entitled, Mandatory Minimum Penalties in the Federal 
        Criminal Justice System;</DELETED>
        <DELETED>    (3) the fiscal implications of any amendments or 
        revisions to the sentencing guidelines or policy statements 
        made by the United States Sentencing Commission;</DELETED>
        <DELETED>    (4) the relevant public safety concerns involved 
        in the considerations before the United States Sentencing 
        Commission;</DELETED>
        <DELETED>    (5) the intent of Congress that penalties for 
        violent and serious drug traffickers who present public safety 
        risks remain appropriately severe; and</DELETED>
        <DELETED>    (6) the need to reduce and prevent racial 
        disparities in Federal sentencing.</DELETED>
<DELETED>    (c) Emergency Authority.--The United States Sentencing 
Commission shall--</DELETED>
        <DELETED>    (1) promulgate the guidelines, policy statements, 
        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</DELETED>
        <DELETED>    (2) pursuant to the emergency authority provided 
        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 applicable law.</DELETED>

<DELETED>SEC. 6. REPORT BY ATTORNEY GENERAL.</DELETED>

<DELETED>    Not later than 6 months after the date of enactment of 
this Act, 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 Prisons, help increase proper 
investment in law enforcement and crime prevention, and help reduce 
criminal recidivism, thereby increasing the effectiveness of Federal 
criminal justice spending.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Smarter Sentencing Act of 2014''.

SEC. 2. APPLICABILITY OF STATUTORY MINIMUMS.

    Section 3553(f)(1) of title 18, United States Code, is amended to 
read as follows:
            ``(1) the defendant--
                    ``(A) does not have more than 1 criminal history 
                point, as determined under the sentencing guidelines; 
                or
                    ``(B)(i) does not have more than 2 criminal history 
                points, as determined under the sentencing guidelines;
                    ``(ii) has no prior convictions for any offense 
                that has as an element the use, attempted use, or 
                threatened use of physical force against the person of 
                another; and
                    ``(iii) has not been convicted of--
                            ``(I) a firearm offense under section 922 
                        or 924;
                            ``(II) a sex offense (as defined in section 
                        111 of the Adam Walsh Child Protection and 
                        Safety Act of 2006 (42 U.S.C. 16911));
                            ``(III) a Federal crime of terrorism (as 
                        defined in section 2332b(g)(5));
                            ``(IV) a racketeering offense under section 
                        1962; or
                            ``(V) conspiring to use and invest illicit 
                        drug profits under section 414 of the 
                        Controlled Substances Act (21 U.S.C. 854);''.

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 Sentencing 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 sentence was previously imposed or 
previously reduced in accordance 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 section to reduce the sentence was 
previously denied. Nothing in this section shall be construed to 
require a court to reduce any sentence pursuant to this section.

SEC. 4. SENTENCING MODIFICATIONS FOR CERTAIN DRUG OFFENSES.

    (a) Controlled Substances Act.--Section 401(b)(1) of the Controlled 
Substances Act (21 U.S.C. 841(b)(1)) is amended--
            (1) in subparagraph (A), in the flush text following clause 
        (viii)--
                    (A) by striking ``10 years or more'' and inserting 
                ``5 years or more''; and
                    (B) by striking ``such person shall be sentenced to 
                a term of imprisonment which may not be less than 20 
                years and'' and inserting ``such person shall be 
                sentenced to a term of imprisonment which may not be 
                less than 10 years and''; and
            (2) in subparagraph (B), in the flush text following clause 
        (viii)--
                    (A) by striking ``5 years'' and inserting ``2 
                years''; and
                    (B) by striking ``not be less than 10 years'' and 
                inserting ``not be less than 5 years''.
    (b) Controlled Substances Import and Export Act.--Section 1010(b) 
of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) 
is amended--
            (1) in paragraph (1), in the flush text following 
        subparagraph (H)--
                    (A) by striking ``not less than 10 years'' and 
                inserting ``not less than 5 years''; and
                    (B) by striking ``such person shall be sentenced to 
                a term of imprisonment of not less than 20 years'' and 
                inserting ``such person shall be sentenced to a term of 
                imprisonment of not less than 10 years''; and
            (2) in paragraph (2), in the flush text following 
        subparagraph (H)--
                    (A) by striking ``5 years'' and inserting ``2 
                years''; and
                    (B) by striking ``10 years'' and inserting ``5 
                years''.

SEC. 5. DIRECTIVE TO THE SENTENCING COMMISSION.

    (a) Directive to Sentencing Commission.--Pursuant to its authority 
under section 994(p) of title 28, United States Code, and in accordance 
with this section, the United States Sentencing Commission shall review 
and amend, if appropriate, its guidelines and its policy statements 
applicable to persons convicted of an offense under section 401 of the 
Controlled Substances Act (21 U.S.C. 841) or section 1010 of the 
Controlled Substances Import and Export Act (21 U.S.C. 960) to ensure 
that the guidelines and policy statements are consistent with the 
amendments made by sections 2 and 4 of this Act and reflect the intent 
of Congress that such penalties be decreased in accordance with the 
amendments made by section 4 of this Act.
    (b) Considerations.--In carrying out this section, the United 
States Sentencing Commission shall consider--
            (1) the mandate of the United States Sentencing Commission, 
        under section 994(g) of title 28, United States Code, 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 prisons'';
            (2) the findings and conclusions of the United States 
        Sentencing Commission in its October 2011 report to Congress 
        entitled, Mandatory Minimum Penalties in the Federal Criminal 
        Justice System;
            (3) the fiscal implications of any amendments or revisions 
        to the sentencing guidelines or policy statements made by the 
        United States Sentencing Commission;
            (4) the relevant public safety concerns involved in the 
        considerations before the United States Sentencing Commission;
            (5) the intent of Congress that severe sentences for 
        violent, repeat, and serious drug traffickers who present 
        public safety risks remain in place; and
            (6) the need to reduce and prevent racial disparities in 
        Federal sentencing.
    (c) Emergency Authority.--The United States Sentencing Commission 
shall--
            (1) promulgate the guidelines, policy statements, 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 provided 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 
        applicable law.

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 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 Prisons, help increase proper investment in law 
enforcement and crime prevention, and help reduce criminal recidivism, 
thereby increasing the effectiveness of Federal criminal justice 
spending.

SEC. 7. REPORT ON FEDERAL CRIMINAL OFFENSES.

    (a) Definitions.--In this section--
            (1) the term ``criminal regulatory offense'' means a 
        Federal regulation that is enforceable by a criminal penalty; 
        and
            (2) the term ``criminal statutory offense'' means a 
        criminal offense under a Federal statute.
    (b) Report on Criminal Statutory Offenses.--Not later than 1 year 
after the date of enactment of this Act, the Attorney General shall 
submit to the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representatives a report, 
which shall include--
            (1) a list of all criminal statutory offenses, including a 
        list of the elements for each criminal statutory offense; and
            (2) for each criminal statutory offense listed under 
        paragraph (1)--
                    (A) the potential criminal penalty for the criminal 
                statutory offense;
                    (B) the number of prosecutions for the criminal 
                statutory offense brought by the Department of Justice 
                each year for the 15-year period preceding the date of 
                enactment of this Act; and
                    (C) the mens rea requirement for the criminal 
                statutory offense.
    (c) Report on Criminal Regulatory Offenses.--
            (1) Reports.--Not later than 1 year after the date of 
        enactment of this Act, the head of each Federal agency 
        described in paragraph (2) shall submit to the Committee on the 
        Judiciary of the Senate and the Committee on the Judiciary of 
        the House of Representatives a report, which shall include--
                    (A) a list of all criminal regulatory offenses 
                enforceable by the agency; and
                    (B) for each criminal regulatory offense listed 
                under subparagraph (A)--
                            (i) the potential criminal penalty for a 
                        violation of the criminal regulatory offense;
                            (ii) the number of violations of the 
                        criminal regulatory offense referred to the 
                        Department of Justice for prosecution in each 
                        of the years during the 15-year period 
                        preceding the date of enactment of this Act; 
                        and
                            (iii) the mens rea requirement for the 
                        criminal regulatory offense.
            (2) Agencies described.--The Federal agencies described in 
        this paragraph are the Department of Agriculture, the 
        Department of Commerce, the Department of Education, the 
        Department of Energy, the Department of Health and Human 
        Services, the Department of Homeland Security, the Department 
        of Housing and Urban Development, the Department of the 
        Interior, the Department of Labor, the Department of 
        Transportation, the Department of the Treasury, the Commodity 
        Futures Trading Commission, the Consumer Product Safety 
        Commission, the Equal Employment Opportunity Commission, the 
        Export-Import Bank of the United States, the Farm Credit 
        Administration, the Federal Communications Commission, the 
        Federal Deposit Insurance Corporation, the Federal Election 
        Commission, the Federal Labor Relations Authority, the Federal 
        Maritime Commission, the Federal Mine Safety and Health Review 
        Commission, the Federal Trade Commission, the National Labor 
        Relations Board, the National Transportation Safety Board, the 
        Nuclear Regulatory Commission, the Occupational Safety and 
        Health Review Commission, the Office of Compliance, the Postal 
        Regulatory Commission, the Securities and Exchange Commission, 
        the Securities Investor Protection Corporation, the 
        Environmental Protection Agency, the Small Business 
        Administration, the Federal Housing Finance Agency, and the 
        Office of Government Ethics.
    (d) Index.--Not later than 2 years after the date of enactment of 
this Act--
            (1) the Attorney General shall establish a publically 
        accessible index of each criminal statutory offense listed in 
        the report required under subsection (b) and make the index 
        available and freely accessible on the website of the 
        Department of Justice; and
            (2) the head of each agency described in subsection (c)(2) 
        shall establish a publically accessible index of each criminal 
        regulatory offense listed in the report required under 
        subsection (c)(1) and make the index available and freely 
        accessible on the website of the agency.
    (e) Rule of Construction.--Nothing in this section shall be 
construed to require or authorize appropriations.

SEC. 8. SEXUAL ASSAULT OFFENSES.

    Chapter 109A of title 18, United States Code, is amended--
            (1) in section 2241--
                    (A) in subsection (a), in the flush text following 
                paragraph (2), by inserting ``not less than 5'' after 
                ``term of years''; and
                    (B) in subsection (b), in the flush text following 
                paragraph (2)(B), by inserting ``not less than 5'' 
                after ``term of years'';
            (2) in section 2242, in the flush text following paragraph 
        (2)(B), by inserting ``not less than 5'' after ``term of 
        years'';
            (3) in section 2243--
                    (A) in subsection (a), in the flush text following 
                paragraph (2), by inserting ``not less than 5 years 
                and'' after ``imprisoned''; and
                    (B) in subsection (b), in the flush text following 
                paragraph (2), by inserting ``not less than 5 years 
                and'' after ``imprisoned''; and
            (4) by amending section 2245 to read as follows:
``Sec. 2245. Offenses resulting in death
    ``A person who--
            ``(1) in the course of an offense under this chapter or 
        section 1591, 2251, 2251A, or 2260 murders an individual, shall 
        be punished by death or imprisoned for any term of years not 
        less than 5 years or for life; and
            ``(2) in the course of an offense under section 2421, 2422, 
        2423, or 2425 murders an individual, shall be punished by death 
        or imprisoned for any term of years or for life.''.

SEC. 9. DOMESTIC VIOLENCE OFFENSES.

    Section 2261(b) of title 18, United States Code, is amended by 
striking paragraphs (1), (2), and (3) and inserting the following:
            ``(1) if death of the victim results--
                    ``(A) in the case of a violation of this section, 
                for any term of years not less than 10 or for life; and
                    ``(B) in the case of a violation of section 2261A, 
                for life or any term of years;
            ``(2) if permanent disfigurement or life threatening bodily 
        injury to the victim results--
                    ``(A) in the case of a violation of this section, 
                for not more than 25 years; and
                    ``(B) in the case of a violation of section 2261A, 
                for not more than 20 years;
            ``(3) if serious bodily injury to the victim results or if 
        the offender uses a dangerous weapon during the offense--
                    ``(A) in the case of a violation of this section, 
                for not more than 15 years; and
                    ``(B) in the case of a violation of section 2261A, 
                for not more than 10 years;''.

SEC. 10. MANDATORY MINIMUM SENTENCES FOR CERTAIN OFFENSES RELATING TO 
              THE PROVISION OF ARMS TO TERRORISTS OR PROLIFERATORS OF 
              WEAPONS OF MASS DESTRUCTION.

    (a) International Emergency Economic Powers Act.--Section 206 of 
the International Emergency Economic Powers Act (50 U.S.C. 1705) is 
amended--
            (1) in subsection (c), by striking ``A person'' and 
        inserting ``Subject to subsection (d), a person''; and
            (2) by adding at the end the following:
    ``(d) Minimum Term of Imprisonment for Certain Acts Relating to the 
Provision of Arms to Terrorists or Proliferators of Weapons of Mass 
Destruction.--
            ``(1) In general.--A natural person who willfully commits, 
        willfully attempts to commit, or willfully conspires to commit, 
        or aids or abets in the commission of, an unlawful act 
        described in paragraph (2) shall, upon conviction, be 
        imprisoned for a term of not less than 5 years.
            ``(2) Unlawful acts described.--An unlawful act described 
        in this paragraph is an unlawful act described in subsection 
        (a) that involves--
                    ``(A) the provision of defense articles or defense 
                services to--
                            ``(i) a state sponsor of terrorism;
                            ``(ii) an organization designated as a 
                        foreign terrorist organization under section 
                        219(a) of the Immigration and Nationality Act 
                        (8 U.S.C. 1189(a)); or
                            ``(iii) a person on the list of specially 
                        designated nationals and blocked persons 
                        maintained by the Office of Foreign Assets 
                        Control of the Department of the Treasury for 
                        an activity relating to support for 
                        international terrorism or the proliferation of 
                        weapons of mass destruction; or
                    ``(B) the exportation of goods or services to any 
                person in connection with a program of a foreign 
                country or foreign person to develop weapons of mass 
                destruction.
            ``(3) Definitions.--In this subsection:
                    ``(A) Defense article; defense service.--The terms 
                `defense article' and `defense service' have the 
                meanings given those terms in section 47 of the Arms 
                Export Control Act (22 U.S.C. 2794).
                    ``(B) State sponsor of terrorism.--The term `state 
                sponsor of terrorism' means any country the government 
                of which the Secretary of State has determined has 
                repeatedly provided support for acts of international 
                terrorism pursuant to--
                            ``(i) section 6(j)(1)(A) of the Export 
                        Administration Act of 1979 (50 U.S.C. App. 
                        2405(j)(1)(A)) (as in effect pursuant to this 
                        Act);
                            ``(ii) section 40(d) of the Arms Export 
                        Control Act (22 U.S.C. 2780(d)); or
                            ``(iii) section 620A(a) of the Foreign 
                        Assistance Act of 1961 (22 U.S.C. 2371(a)).''.
    (b) Trading With the Enemy Act.--Section 5 of the Trading with the 
Enemy Act (50 U.S.C. App.) is amended by adding at the end the 
following:
    ``(c) Minimum Term of Imprisonment for Certain Acts Relating to the 
Provision of Arms to Terrorists or Proliferators of Weapons of Mass 
Destruction.--
            ``(1) In general.--A natural person who willfully commits, 
        willfully attempts to commit, or willfully conspires to commit, 
        or aids or abets in the commission of, an unlawful act 
        described in paragraph (2) shall, upon conviction, be 
        imprisoned for a term of not less than 5 years.
            ``(2) Unlawful acts described.--An unlawful act described 
        in this paragraph is an act in violation of the provisions of 
        this Act or any license, order, regulation, or prohibition 
        issued under this Act that involves--
                    ``(A) the provision of defense articles or defense 
                services to--
                            ``(i) a state sponsor of terrorism;
                            ``(ii) an organization designated as a 
                        foreign terrorist organization under section 
                        219(a) of the Immigration and Nationality Act 
                        (8 U.S.C. 1189(a)); or
                            ``(iii) a person on the list of specially 
                        designated nationals and blocked persons 
                        maintained by the Office of Foreign Assets 
                        Control of the Department of the Treasury for 
                        an activity relating to support for 
                        international terrorism or the proliferation of 
                        weapons of mass destruction; or
                    ``(B) the exportation of goods or services to any 
                person in connection with a program of a foreign 
                country or foreign person to develop weapons of mass 
                destruction.
            ``(3) Definitions.--In this subsection:
                    ``(A) Defense article; defense service.--The terms 
                `defense article' and `defense service' have the 
                meanings given those terms in section 47 of the Arms 
                Export Control Act (22 U.S.C. 2794).
                    ``(B) State sponsor of terrorism.--The term `state 
                sponsor of terrorism' has the meaning given that term 
                in section 206(d)(3) of the International Emergency 
                Economic Powers Act.''.
    (c) Arms Export Control Act.--Section 38(c) of the Arms Export 
Control Act (22 U.S.C. 2778(c)) is amended by striking ``shall upon 
conviction be fined'' and all that follows and inserting the following: 
``shall upon conviction--
            ``(1) subject to paragraph (2), be fined for each violation 
        not more than $1,000,000 or imprisoned not more than 20 years, 
        or both; and
            ``(2) be imprisoned not less than 5 years if the violation 
        involves the export of defense articles or defense services 
        to--
                    ``(A) a state sponsor of terrorism (as defined in 
                section 206(d)(3) of the International Emergency 
                Economic Powers Act);
                    ``(B) an organization designated as a foreign 
                terrorist organization under section 219(a) of the 
                Immigration and Nationality Act (8 U.S.C. 1189(a));
                    ``(C) a person on the list of specially designated 
                nationals and blocked persons maintained by the Office 
                of Foreign Assets Control of the Department of the 
                Treasury for an activity relating to support for 
                international terrorism or the proliferation of weapons 
                of mass destruction; or
                    ``(D) any person in connection with a program of a 
                foreign country or foreign person to develop weapons of 
                mass destruction.''.
    (d) Smuggling From the United States.--Section 554 of title 18, 
United States Code, is amended--
            (1) in subsection (a), by striking ``shall be fined'' and 
        all that follows and inserting the following: ``shall--
            ``(1) subject to paragraph (2), be fined under this title, 
        imprisoned not more than 10 years, or both; and
            ``(2) be imprisoned not less than 5 years if the 
        merchandise, article, or object--
                    ``(A) is a defense article and was exported or 
                sent, or was attempted to be exported or sent, to--
                            ``(i) a state sponsor of terrorism;
                            ``(ii) an organization designated as a 
                        foreign terrorist organization under section 
                        219(a) of the Immigration and Nationality Act 
                        (8 U.S.C. 1189(a)); or
                            ``(iii) a person on the list of specially 
                        designated nationals and blocked persons 
                        maintained by the Office of Foreign Assets 
                        Control of the Department of the Treasury for 
                        an activity relating to support for 
                        international terrorism or the proliferation of 
                        weapons of mass destruction; or
                    ``(B) was exported or sent, or was attempted to be 
                exported or sent, to any person in connection with a 
                program of a foreign country or foreign person to 
                develop weapons of mass destruction.''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) Definitions.--In this section:
            ``(1) Defense article; defense service.--The terms `defense 
        article' and `defense service' have the meanings given those 
        terms in section 47 of the Arms Export Control Act (22 U.S.C. 
        2794).
            ``(2) State sponsor of terrorism.--The term `state sponsor 
        of terrorism' has the meaning given that term in section 
        206(d)(3) of the International Emergency Economic Powers 
        Act.''.
                                                       Calendar No. 320

113th CONGRESS

  2d Session

                                S. 1410

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                                 A BILL

   To focus limited Federal resources on the most serious offenders.

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                             March 11, 2014

                       Reported with an amendment