Smarter Sentencing Act of 2014

To focus limited Federal resources on the most serious offenders. 1. Short title This Act may be cited as the Smarter Sentencing Act of 2013 2. Applicability of statutory minimums Section 3553(f)(1) of title 18, United States Code, is amended by striking defendant point criminal history category for the defendant is not higher than category 2 3. Clarification of applicability of the Fair Sentencing Act (a) Definition of covered offense In this section, the term covered offense Public Law 111–220 (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 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) (1) in subparagraph (A), in the flush text following clause (viii)— (A) by striking 10 years or more 5 years or more (B) by striking such person shall be sentenced to a term of imprisonment which may not be less than 20 years and such person shall be sentenced to a term of imprisonment which may not be less than 10 years and (2) in subparagraph (B), in the flush text following clause (viii)— (A) by striking 5 years 2 years (B) by striking not be less than 10 years 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) (1) in paragraph (1), in the flush text following subparagraph (H)— (A) by striking not less than 10 years not less than 5 years (B) by striking such person shall be sentenced to a term of imprisonment of not less than 20 years such person shall be sentenced to a term of imprisonment of not less than 10 years (2) in paragraph (2), in the flush text following subparagraph (H)— (A) by striking 5 years 2 years (B) by striking 10 years 5 years 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 (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) 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 penalties for violent and serious drug traffickers who present public safety risks remain appropriately severe; 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 (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. 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. 1. Short title This Act may be cited as the Smarter Sentencing Act of 2014 2. Applicability of statutory minimums Section 3553(f)(1) (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 . 3. Clarification of applicability of the Fair Sentencing Act (a) Definition of covered offense In this section, the term covered offense Public Law 111–220 (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 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) (1) in subparagraph (A), in the flush text following clause (viii)— (A) by striking 10 years or more 5 years or more (B) by striking such person shall be sentenced to a term of imprisonment which may not be less than 20 years and such person shall be sentenced to a term of imprisonment which may not be less than 10 years and (2) in subparagraph (B), in the flush text following clause (viii)— (A) by striking 5 years 2 years (B) by striking not be less than 10 years 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) (1) in paragraph (1), in the flush text following subparagraph (H)— (A) by striking not less than 10 years not less than 5 years (B) by striking such person shall be sentenced to a term of imprisonment of not less than 20 years such person shall be sentenced to a term of imprisonment of not less than 10 years (2) in paragraph (2), in the flush text following subparagraph (H)— (A) by striking 5 years 2 years (B) by striking 10 years 5 years 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 (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) 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 (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. 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. 7. Report on Federal criminal offenses (a) Definitions In this section— (1) the term criminal regulatory offense (2) the term criminal statutory offense (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. 8. Sexual assault offenses Chapter 109A (1) in section 2241— (A) in subsection (a), in the flush text following paragraph (2), by inserting not less than 5 term of years (B) in subsection (b), in the flush text following paragraph (2)(B), by inserting not less than 5 term of years (2) in section 2242, in the flush text following paragraph (2)(B), by inserting not less than 5 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 imprisoned (B) in subsection (b), in the flush text following paragraph (2), by inserting not less than 5 years and imprisoned (4) by amending section 2245 to read as follows: 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. . 9. Domestic violence offenses Section 2261(b) (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; . 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 (1) in subsection (c), by striking A person Subject to subsection (d), a person (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) (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 defense service 22 U.S.C. 2794 (B) State sponsor of terrorism The term state sponsor of terrorism (i) section 6(j)(1)(A) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j)(1)(A) (ii) section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) (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) (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 defense service 22 U.S.C. 2794 (B) State sponsor of terrorism The term state sponsor of terrorism . (c) Arms Export Control Act Section 38(c) of the Arms Export Control Act ( 22 U.S.C. 2778(c) shall upon conviction be fined (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 (1) in subsection (a), by striking shall be fined (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) (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 defense service 22 U.S.C. 2794 (2) State sponsor of terrorism The term state sponsor of terrorism . March 11, 2014 Reported with an amendment

Summary: Smarter Sentencing Act of 2014 - (Sec. 2) Amends the federal criminal code to direct the court to impose a sentence for specified controlled substance offenses without regard to any statutory minimum sentence if the court finds that the defendant: (1) does not have more than two criminal history points; (2) has no prior convictions for any offense that has as an element the use, attempted use, or threatened use of physical force against another; and (3) has not been convicted of a specified firearm offense, sex offense, federal crime of terrorism, or racketeering offense or of conspiring to use and invest illicit drug profits. (Sec. 3) Authorizes a court that imposed a sentence for a crack cocaine possession or trafficking offense committed before August 3, 2010, on motion of the defendant, the Director of the Bureau of Prisons, the attorney for the government, or the court, to impose a reduced sentence as if provisions of the Fair Sentencing Act of 2010 were in effect at the time such offense was committed, provided such sentence was not previously imposed or reduced under such Act or such a motion wasn't previously denied. (Sec. 4) Amends the Controlled Substances Act (CSA) and the Controlled Substances Import and Export Act (CSIEA) to reduce mandatory minimum sentences for manufacturing, distributing, dispensing, possessing, importing, or exporting specified controlled substances. (Sec. 5) Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements applicable to persons convicted of such an offense under the CSA and CSIEA to ensure consistency with this Act and to consider specified factors, including: (1) its mandate to formulate guidelines to minimize the likelihood that the federal prison population will exceed federal prison capacity; (2) fiscal implications of changes; (3) relevant public safety concerns; (4) the intent of Congress that severe sentences for violent, repeat, and serious drug traffickers who present public safety risks remain in place; and (5) the need to reduce and prevent racial disparities in sentencing. Requires the Commission to: (1) promulgate such guidelines, policy statements, or amendments by no later than 120 days after the date of enactment of this Act, and (2) make such conforming amendments to the federal sentencing guidelines as necessary to achieve consistency with other guideline provisions and applicable law. (Sec. 6) Requires the Attorney General to report to the House and Senate Judiciary Committees on how the reduced expenditures on federal corrections and cost savings resulting from this Act will be used to help reduce overcrowding in the Federal Bureau of Prisons, increase investment in law enforcement and crime prevention, and reduce recidivism. (Sec. 7) Directs the Attorney General to submit a report listing all criminal statutory offenses and including for each offense: (1) a list of the elements of the offense, (2) the potential criminal penalty for the offense, (3) the number of prosecutions for the offense brought by the Department of Justice (DOJ) in each of the 15 years preceding this Act's enactment, and (4) the mens rea requirement for the offense. Requires the head of each of specified federal agencies to submit a report listing all criminal regulatory offenses enforceable by such agency and including for each offense: (1) the potential criminal penalty, (2) the number of violations referred to DOJ for prosecution in each of the 15 years preceding this Act's enactment, and (3) the mens rea requirement. Requires the Attorney General and each agency head to establish a publicly accessible index of each such offense and make the index available and freely accessible on DOJ's and the agency's websites. (Sec. 8) Amends the federal criminal code to establish a five-year minimum term of imprisonment for aggravated sexual abuse, sexual abuse, sexual abuse of a minor or ward, and sexual abuse-related offenses resulting in death. (Sec. 9) Provides for enhanced penalties for interstate domestic violence if a victim dies, if the victim is permanently disfigured or suffers a life threatening bodily injury, if serious bodily injury to the victim results, or if the offender uses a dangerous weapon during the offense. (Sec. 10) Amends the International Emergency Economic Powers Act and the Trading with the Enemy Act to establish a five-year minimum term of imprisonment for certain unlawful acts involving: (1) the provision of defense articles or defense services to a state sponsor of terrorism, a foreign terrorist organization, or 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 (2) 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. Amends the Arms Export Control Act to establish a five-year minimum term of imprisonment for a criminal violation of such Act that involves the export of defense articles or defense services to: (1) a state sponsor of terrorism, (2) a foreign terrorist organization, (3) a person on the Office of Foreign Assets Control list, or (4) any person in connection with a program of a foreign country or foreign person to develop weapons of mass destruction. Amends a federal criminal code prohibition against the smuggling of goods from the United States to establish a five-year minimum term of imprisonment if the merchandise, article, or object smuggled: (1) is a defense article and was exported or sent to a state sponsor of terrorism, a foreign terrorist organization, or person on the Office of Foreign Assets Control list; or (2) was exported or sent to any person in connection with a program of a foreign country or foreign person to develop weapons of mass destruction.