,,ii ,calendar ,no4 #cbj #aacth ,,congress #b;d ,session ,s4 #adaj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ca1 #bjac,mr4 ,durbin 7for himself1 ,mr4 ,lee1 ,mr4 ,leahy1 ,mr4 ,whitehouse1 ,mr4 ,paul1 ,mr4 ,king1 ,mr4 ,heinrich1 ,mr4 ,levin1 ,mr4 ,flake1 ,mr4 ,cruz1 ,mrs4 ,gillibrand1 ,mr4 ,cardin1 ,mr4 ,murphy1 ,mr4 ,udall of ,new ,mexico1 and ,ms4 ,landrieu7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,march #aa1 #bjad,reported by ,mr4 ,leahy1 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 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 #a4 ,short title ,this ,act may be cited as the ,smarter ,sentencing ,act of #bjad4 #b4 ,applicability of statutory minimums ,section #ceec7;f77#a7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7#a7 the defendant-- 7,a7 does not have more than #a criminal history point1 as determined under the sentencing guidelines2 or 7,b7 7i7 does not have more than #b criminal history points1 as determined under the sentencing guidelines2 7ii7 has no prior convictions for any offense that has as an element the use1 attempted use1 or threatened use of physical force against the person of another2 and 7iii7 has not been convicted of-- 7,i7 a firearm offense under section #ibb or #ibd2 7,,ii7 a sex offense 7as defined in section #aaa of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#db ,u4,s4,c4 #afiaa772 7,,iii7 a ,federal crime of terrorism 7as defined in section #bccb;b7g77#e772 7,,iv7 a racketeering offense under section #aifb2 or 7,v7 conspiring to use and invest illicit drug profits under section #dad of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hed72 4 #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 severe sentences for violent1 repeat1 and serious drug traffickers who present public safety risks remain in place2 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 #g4 ,report on ,federal criminal offenses 7a7 ,definitions ,in this section-- 7#a7 the term criminal regulatory offense means a ,federal regulation that is enforceable by a criminal penalty2 and 7#b7 the term criminal statutory offense means a criminal offense under a ,federal statute4 7b7 ,report on criminal statutory offenses ,not later than #a year after the date of enactment of this ,act1 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 report1 which shall include-- 7#a7 a list of all criminal statutory offenses1 including a list of the elements for each criminal statutory offense2 and 7#b7 for each criminal statutory offense listed under paragraph 7#a7-- 7,a7 the potential criminal penalty for the criminal statutory offense2 7,b7 the number of prosecutions for the criminal statutory offense brought by the ,department of ,justice each year for the #ae-year period preceding the date of enactment of this ,act2 and 7,c7 the mens rea requirement for the criminal statutory offense4 7c7 ,report on criminal regulatory offenses 7#a7 ,reports ,not later than #a year after the date of enactment of this ,act1 the head of each ,federal agency described in paragraph 7#b7 shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report1 which shall include-- 7,a7 a list of all criminal regulatory offenses enforceable by the agency2 and 7,b7 for each criminal regulatory offense listed under subparagraph 7,a7-- 7i7 the potential criminal penalty for a violation of the criminal regulatory offense2 7ii7 the number of violations of the criminal regulatory offense referred to the ,department of ,justice for prosecution in each of the years during the #ae-year period preceding the date of enactment of this ,act2 and 7iii7 the mens rea requirement for the criminal regulatory offense4 7#b7 ,agencies described ,the ,federal agencies described in this paragraph are the ,department of ,agriculture1 the ,department of ,commerce1 the ,department of ,education1 the ,department of ,energy1 the ,department of ,health and ,human ,services1 the ,department of ,homeland ,security1 the ,department of ,housing and ,urban ,development1 the ,department of the ,interior1 the ,department of ,labor1 the ,department of ,transportation1 the ,department of the ,treasury1 the ,commodity ,futures ,trading ,commission1 the ,consumer ,product ,safety ,commission1 the ,equal ,employment ,opportunity ,commission1 the ,export-,import ,bank of the ,united ,states1 the ,farm ,credit ,administration1 the ,federal ,communications ,commission1 the ,federal ,deposit ,insurance ,corporation1 the ,federal ,election ,commission1 the ,federal ,labor ,relations ,authority1 the ,federal ,maritime ,commission1 the ,federal ,mine ,safety and ,health ,review ,commission1 the ,federal ,trade ,commission1 the ,national ,labor ,relations ,board1 the ,national ,transportation ,safety ,board1 the ,nuclear ,regulatory ,commission1 the ,occupational ,safety and ,health ,review ,commission1 the ,office of ,compliance1 the ,postal ,regulatory ,commission1 the ,securities and ,exchange ,commission1 the ,securities ,investor ,protection ,corporation1 the ,environmental ,protection ,agency1 the ,small ,business ,administration1 the ,federal ,housing ,finance ,agency1 and the ,office of ,government ,ethics4 7d7 ,index ,not later than #b years after the date of enactment of this ,act-- 7#a7 the ,attorney ,general shall establish a publically accessible index of each criminal statutory offense listed in the report required under subsection 7b7 and make the index available and freely accessible on the website of the ,department of ,justice2 and 7#b7 the head of each agency described in subsection 7c77#b7 shall establish a publically accessible index of each criminal regulatory offense listed in the report required under subsection 7c77#a7 and make the index available and freely accessible on the website of the agency4 7e7 ,rule of construction ,nothing in this section shall be construed to require or authorize appropriations4 #h4 ,sexual assault offenses ,chapter #aji;,a of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in section #bbda-- 7,a7 in subsection 7a71 in the flush text following paragraph 7#b71 by inserting not less than #e after term of years2 and 7,b7 in subsection 7b71 in the flush text following paragraph 7#b77;,b71 by inserting not less than #e after term of years2 7#b7 in section #bbdb1 in the flush text following paragraph 7#b77;,b71 by inserting not less than #e after term of years2 7#c7 in section #bbdc-- 7,a7 in subsection 7a71 in the flush text following paragraph 7#b71 by inserting not less than #e years and after imprisoned2 and 7,b7 in subsection 7b71 in the flush text following paragraph 7#b71 by inserting not less than #e years and after imprisoned2 and 7#d7 by amending section #bbde to read as follows3 #bbde4 ,offenses resulting in death ,a person who-- 7#a7 in the course of an offense under this chapter or section #aeia1 #bbea1 #bbea;,a1 or #bbfj murders an individual1 shall be punished by death or imprisoned for any term of years not less than #e years or for life2 and 7#b7 in the course of an offense under section #bdba1 #bdbb1 #bdbc1 or #bdbe murders an individual1 shall be punished by death or imprisoned for any term of years or for life4 4 #i4 ,domestic violence offenses ,section #bbfa7;b7 of title #ah1 ,united ,states ,code1 is amended by striking paragraphs 7#a71 7#b71 and 7#c7 and inserting the following3 7#a7 if death of the victim results-- 7,a7 in the case of a violation of this section1 for any term of years not less than #aj or for life2 and 7,b7 in the case of a violation of section #bbfa;,a1 for life or any term of years2 7#b7 if permanent disfigurement or life threatening bodily injury to the victim results-- 7,a7 in the case of a violation of this section1 for not more than #be years2 and 7,b7 in the case of a violation of section #bbfa;,a1 for not more than #bj years2 7#c7 if serious bodily injury to the victim results or if the offender uses a dangerous weapon during the offense-- 7,a7 in the case of a violation of this section1 for not more than #ae years2 and 7,b7 in the case of a violation of section #bbfa;,a1 for not more than #aj years2 4 #aj4 ,mandatory minimum sentences for certain offenses relating to the provision of arms to terrorists or proliferators of weapons of mass destruction 7a7 ,international ,emergency ,economic ,powers ,act ,section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 is amended-- 7#a7 in subsection 7c71 by striking ,a person and inserting ,subject to subsection 7d71 a person2 and 7#b7 by adding at the end the following3 7d7 ,minimum term of imprisonment for certain acts relating to the provision of arms to terrorists or proliferators of weapons of mass destruction 7#a7 ,in general ,a natural person who willfully commits1 willfully attempts to commit1 or willfully conspires to commit1 or aids or abets in the commission of1 an unlawful act described in paragraph 7#b7 shall1 upon conviction1 be imprisoned for a term of not less than #e years4 7#b7 ,unlawful acts described ,an unlawful act described in this paragraph is an unlawful act described in subsection 7a7 that involves-- 7,a7 the provision of defense articles or defense services to-- 7i7 a state sponsor of terrorism2 7ii7 an organization designated as a foreign terrorist organization under section #bai7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi7;a772 or 7iii7 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 destruction2 or 7,b7 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 destruction4 7#c7 ,definitions ,in this subsection3 7,a7 ,defense article2 defense service ,the terms defense article and defense service have the meanings given those terms in section #dg of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgid74 7,b7 ,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-- 7i7 section #f7;j77#a77;,a7 of the ,export ,administration ,act of #aigi 7#ej ,u4,s4,c4 ,app4 #bdje7;j77#a77;,a77 7as in effect pursuant to this ,act72 7ii7 section #dj7;d7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghj7;d772 or 7iii7 section #fbj;,a7a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcga7;a774 4 7b7 ,trading with the ,enemy ,act ,section #e of the ,trading with the ,enemy ,act 7#ej ,u4,s4,c4 ,app47 is amended by adding at the end the following3 7c7 ,minimum term of imprisonment for certain acts relating to the provision of arms to terrorists or proliferators of weapons of mass destruction 7#a7 ,in general ,a natural person who willfully commits1 willfully attempts to commit1 or willfully conspires to commit1 or aids or abets in the commission of1 an unlawful act described in paragraph 7#b7 shall1 upon conviction1 be imprisoned for a term of not less than #e years4 7#b7 ,unlawful acts described ,an unlawful act described in this paragraph is an act in violation of the provisions of this ,act or any license1 order1 regulation1 or prohibition issued under this ,act that involves-- 7,a7 the provision of defense articles or defense services to-- 7i7 a state sponsor of terrorism2 7ii7 an organization designated as a foreign terrorist organization under section #bai7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi7;a772 or 7iii7 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 destruction2 or 7,b7 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 destruction4 7#c7 ,definitions ,in this subsection3 7,a7 ,defense article2 defense service ,the terms defense article and defense service have the meanings given those terms in section #dg of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgid74 7,b7 ,state sponsor of terrorism ,the term state sponsor of terrorism has the meaning given that term in section #bjf7;d77#c7 of the ,international ,emergency ,economic ,powers ,act4 4 7c7 ,arms ,export ,control ,act ,section #ch7;c7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggh7;c77 is amended by striking shall upon conviction be fined and all that follows and inserting the following3 8shall upon conviction-- 7#a7 subject to paragraph 7#b71 be fined for each violation not more than #a1jjj1jjj or imprisoned not more than #bj years1 or both2 and 7#b7 be imprisoned not less than #e years if the violation involves the export of defense articles or defense services to-- 7,a7 a state sponsor of terrorism 7as defined in section #bjf7;d77#c7 of the ,international ,emergency ,economic ,powers ,act72 7,b7 an organization designated as a foreign terrorist organization under section #bai7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi7;a772 7,c7 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 destruction2 or 7,d7 any person in connection with a program of a foreign country or foreign person to develop weapons of mass destruction4 4 7d7 ,smuggling from the ,united ,states ,section #eed of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking shall be fined and all that follows and inserting the following3 8shall-- 7#a7 subject to paragraph 7#b71 be fined under this title1 imprisoned not more than #aj years1 or both2 and 7#b7 be imprisoned not less than #e years if the merchandise1 article1 or object-- 7,a7 is a defense article and was exported or sent1 or was attempted to be exported or sent1 to-- 7i7 a state sponsor of terrorism2 7ii7 an organization designated as a foreign terrorist organization under section #bai7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi7;a772 or 7iii7 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 destruction2 or 7,b7 was exported or sent1 or was attempted to be exported or sent1 to any person in connection with a program of a foreign country or foreign person to develop weapons of mass destruction4 2 and 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,definitions ,in this section3 7#a7 ,defense article2 defense service ,the terms defense article and defense service have the meanings given those terms in section #dg of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgid74 7#b7 ,state sponsor of terrorism ,the term state sponsor of terrorism has the meaning given that term in section #bjf7;d77#c7 of the ,international ,emergency ,economic ,powers ,act4 4 ,march #aa1 #bjad,reported with an amendment