[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
_______________________________________________________________________
A BILL
To focus limited Federal resources on the most serious offenders.
_______________________________________________________________________
March 11, 2014
Reported with an amendment