II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Smarter Sentencing 

5 Act of 2013’’. 


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1 SEC. 2. APPLICABILITY OF STATUTORY MINIMUMS. 

2 Section 3553(f)(1) of title 18, United States Code, 

3 is amended by striking ‘‘defendant’’ and all that follows 

4 through ‘‘point’’ and inserting ‘‘criminal history category 

5 for the defendant is not higher than category 2’’. 

6 SEC. 3. CLARIFICATION OF APPLICABILITY OF THE FAIR 

7 SENTENCING ACT. 

8 (a) DEFINITION OF COVERED OFFENSE.—In this 

9 section, the term ‘‘covered offense’’ means a violation of 

10 a Federal criminal statute, the statutory penalties for 

11 which were modified by section 2 or 3 of the Fair Sen12 tencing Act of 2010 (Public Law 111–220; 124 Stat. 

13 2372), that was committed before August 3, 2010. 

14 (b) DEFENDANTS PREVIOUSLY SENTENCED.—A 

15 court that imposed a sentence for a covered offense, may, 

16 on motion of the defendant, the Director of the Bureau 

17 of Prisons, the attorney for the Government, or the court, 

18 impose a reduced sentence as if sections 2 and 3 of the 

19 Fair Sentencing Act of 2010 (Public Law 111–220; 124 

20 Stat. 2372) were in effect at the time the covered offense 

21 was committed. 

22 (c) LIMITATIONS.—No court shall entertain a motion 

23 made under this section to reduce a sentence if the sen24 tence was previously imposed or previously reduced in ac25 cordance with the amendments made by sections 2 and 

26 3 of the Fair Sentencing Act of 2010 (Public Law 111– 


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1 220; 124 Stat. 2372) or if a motion made under this sec2 tion to reduce the sentence was previously denied. Nothing 

3 in this section shall be construed to require a court to re4 duce any sentence pursuant to this section. 

5 SEC. 4. SENTENCING MODIFICATIONS FOR CERTAIN DRUG 

6 OFFENSES. 

7 (a) CONTROLLED SUBSTANCES ACT.—Section 

8 401(b)(1) of the Controlled Substances Act (21 U.S.C. 

9 841(b)(1)) is amended— 

10 (1) in subparagraph (A), in the flush text fol11 lowing clause (viii)— 

12 (A) by striking ‘‘10 years or more’’ and in13 serting ‘‘5 years or more’’; and 

14 (B) by striking ‘‘such person shall be sen15 tenced to a term of imprisonment which may 

16 not be less than 20 years and’’ and inserting 

17 ‘‘such person shall be sentenced to a term of 

18 imprisonment which may not be less than 10 

19 years and’’; and 

20 (2) in subparagraph (B), in the flush text fol21 lowing clause (viii)— 

22 (A) by striking ‘‘5 years’’ and inserting ‘‘2 

23 years’’; and 

24 (B) by striking ‘‘not be less than 10 years’’ 

25 and inserting ‘‘not be less than 5 years’’. 


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1 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

2 ACT.—Section 1010(b) of the Controlled Substances Im3 port and Export Act (21 U.S.C. 960(b)) is amended— 

4 (1) in paragraph (1), in the flush text following 

5 subparagraph (H)— 

6 (A) by striking ‘‘not less than 10 years’’ 

7 and inserting ‘‘not less than 5 years’’; and 

8 (B) by striking ‘‘such person shall be sen9 tenced to a term of imprisonment of not less 

10 than 20 years’’ and inserting ‘‘such person shall 

11 be sentenced to a term of imprisonment of not 

12 less than 10 years’’; and 

13 (2) in paragraph (2), in the flush text following 

14 subparagraph (H)— 

15 (A) by striking ‘‘5 years’’ and inserting ‘‘2 

16 years’’; and 

17 (B) by striking ‘‘10 years’’ and inserting 

18 ‘‘5 years’’. 

19 SEC. 5. DIRECTIVE TO THE SENTENCING COMMISSION. 

20 (a) DIRECTIVE TO SENTENCING COMMISSION.—Pur21 suant to its authority under section 994(p) of title 28, 

22 United States Code, and in accordance with this section, 

23 the United States Sentencing Commission shall review and 

24 amend, if appropriate, its guidelines and its policy state25 ments applicable to persons convicted of an offense under 


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1 section 401 of the Controlled Substances Act (21 U.S.C. 

2 841) or section 1010 of the Controlled Substances Import 

3 and Export Act (21 U.S.C. 960) to ensure that the guide4 lines and policy statements are consistent with the amend5 ments made by sections 2 and 4 of this Act and reflect 

6 the intent of Congress that such penalties be decreased 

7 in accordance with the amendments made by section 4 of 

8 this Act. 

9 (b) CONSIDERATIONS.—In carrying out this section, 

10 the United States Sentencing Commission shall con11 sider— 

12 (1) the mandate of the United States Sen13 tencing Commission, under section 994(g) of title 

14 28, United States Code, to formulate the sentencing 

15 guidelines in such a way as to ‘‘minimize the likeli16 hood that the Federal prison population will exceed 

17 the capacity of the Federal prisons’’; 

18 (2) the findings and conclusions of the United 

19 States Sentencing Commission in its October 2011 

20 report to Congress entitled, Mandatory Minimum 

21 Penalties in the Federal Criminal Justice System; 

22 (3) the fiscal implications of any amendments 

23 or revisions to the sentencing guidelines or policy 

24 statements made by the United States Sentencing 

25 Commission; 


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1 (4) the relevant public safety concerns involved 

2 in the considerations before the United States Sen3 tencing Commission; 

4 (5) the intent of Congress that penalties for 

5 violent and serious drug traffickers who present pub6 lic safety risks remain appropriately severe; and 

7 (6) the need to reduce and prevent racial dis8 parities in Federal sentencing. 

9 (c) EMERGENCY AUTHORITY.—The United States 

10 Sentencing Commission shall— 

11 (1) promulgate the guidelines, policy state12 ments, or amendments provided for in this Act as 

13 soon as practicable, and in any event not later than 

14 120 days after the date of enactment of this Act, in 

15 accordance with the procedure set forth in section 

16 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 

17 note), as though the authority under that Act had 

18 not expired; and 

19 (2) pursuant to the emergency authority pro20 vided under paragraph (1), make such conforming 

21 amendments to the Federal sentencing guidelines as 

22 the Commission determines necessary to achieve 

23 consistency with other guideline provisions and ap24 plicable law. 


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1 SEC. 6. REPORT BY ATTORNEY GENERAL. 

2 Not later than 6 months after the date of enactment 

3 of this Act, the Attorney General shall submit to the Com4 mittees on the Judiciary of the House of Representatives 

5 and the Senate a report outlining how the reduced expend6 itures on Federal corrections and the cost savings result7 ing from this Act will be used to help reduce overcrowding 

8 in the Federal Bureau of Prisons, help increase proper in9 vestment in law enforcement and crime prevention, and 

10 help reduce criminal recidivism, thereby increasing the ef11 fectiveness of Federal criminal justice spending. 

12 SECTION 1. SHORT TITLE. 

13 This Act may be cited as the ‘‘Smarter Sentencing Act 

14 of 2014’’. 

15 SEC. 2. APPLICABILITY OF STATUTORY MINIMUMS. 

16 Section 3553(f)(1) of title 18, United States Code, is 

17 amended to read as follows: 

18 ‘‘(1) the defendant— 

19 ‘‘(A) does not have more than 1 criminal 

20 history point, as determined under the sen21 tencing guidelines; or 

22 ‘‘(B)(i) does not have more than 2 criminal 

23 history points, as determined under the sen24 tencing guidelines; 

25 ‘‘(ii) has no prior convictions for any of26 fense that has as an element the use, attempted 


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1 use, or threatened use of physical force against 

2 the person of another; and 

3 ‘‘(iii) has not been convicted of— 

4 ‘‘(I) a firearm offense under section 

5 922 or 924; 

6 ‘‘(II) a sex offense (as defined in sec7 tion 111 of the Adam Walsh Child Protec8 tion and Safety Act of 2006 (42 U.S.C. 

9 16911)); 

10 ‘‘(III) a Federal crime of terrorism (as 

11 defined in section 2332b(g)(5)); 

12 ‘‘(IV) a racketeering offense under sec13 tion 1962; or 

14 ‘‘(V) conspiring to use and invest il15 licit drug profits under section 414 of the 

16 Controlled Substances Act (21 U.S.C. 

17 854);’’. 

18 SEC. 3. CLARIFICATION OF APPLICABILITY OF THE FAIR 

19 SENTENCING ACT. 

20 (a) DEFINITION OF COVERED OFFENSE.—In this sec21 tion, the term ‘‘covered offense’’ means a violation of a Fed22 eral criminal statute, the statutory penalties for which were 

23 modified by section 2 or 3 of the Fair Sentencing Act of 

24 2010 (Public Law 111–220; 124 Stat. 2372), that was com25 mitted before August 3, 2010. 


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1 (b) DEFENDANTS PREVIOUSLY SENTENCED.—A court 

2 that imposed a sentence for a covered offense, may, on mo3 tion of the defendant, the Director of the Bureau of Prisons, 

4 the attorney for the Government, or the court, impose a re5 duced sentence as if sections 2 and 3 of the Fair Sentencing 

6 Act of 2010 (Public Law 111–220; 124 Stat. 2372) were 

7 in effect at the time the covered offense was committed. 

8 (c) LIMITATIONS.—No court shall entertain a motion 

9 made under this section to reduce a sentence if the sentence 

10 was previously imposed or previously reduced in accord11 ance with the amendments made by sections 2 and 3 of the 

12 Fair Sentencing Act of 2010 (Public Law 111–220; 124 

13 Stat. 2372) or if a motion made under this section to reduce 

14 the sentence was previously denied. Nothing in this section 

15 shall be construed to require a court to reduce any sentence 

16 pursuant to this section. 

17 SEC. 4. SENTENCING MODIFICATIONS FOR CERTAIN DRUG 

18 OFFENSES. 

19 (a) CONTROLLED SUBSTANCES ACT.—Section 

20 401(b)(1) of the Controlled Substances Act (21 U.S.C. 

21 841(b)(1)) is amended— 

22 (1) in subparagraph (A), in the flush text fol23 lowing clause (viii)— 

24 (A) by striking ‘‘10 years or more’’ and in25 serting ‘‘5 years or more’’; and 


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1 (B) by striking ‘‘such person shall be sen2 tenced to a term of imprisonment which may not 

3 be less than 20 years and’’ and inserting ‘‘such 

4 person shall be sentenced to a term of imprison5 ment which may not be less than 10 years and’’; 

6 and 

7 (2) in subparagraph (B), in the flush text fol8 lowing clause (viii)— 

9 (A) by striking ‘‘5 years’’ and inserting ‘‘2 

10 years’’; and 

11 (B) by striking ‘‘not be less than 10 years’’ 

12 and inserting ‘‘not be less than 5 years’’. 

13 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

14 ACT.—Section 1010(b) of the Controlled Substances Import 

15 and Export Act (21 U.S.C. 960(b)) is amended— 

16 (1) in paragraph (1), in the flush text following 

17 subparagraph (H)— 

18 (A) by striking ‘‘not less than 10 years’’ 

19 and inserting ‘‘not less than 5 years’’; and 

20 (B) by striking ‘‘such person shall be sen21 tenced to a term of imprisonment of not less 

22 than 20 years’’ and inserting ‘‘such person shall 

23 be sentenced to a term of imprisonment of not 

24 less than 10 years’’; and 


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1 (2) in paragraph (2), in the flush text following 

2 subparagraph (H)— 

3 (A) by striking ‘‘5 years’’ and inserting ‘‘2 

4 years’’; and 

5 (B) by striking ‘‘10 years’’ and inserting ‘‘5 

6 years’’. 

7 SEC. 5. DIRECTIVE TO THE SENTENCING COMMISSION. 

8 (a) DIRECTIVE TO SENTENCING COMMISSION.—Pursu9 ant to its authority under section 994(p) of title 28, United 

10 States Code, and in accordance with this section, the United 

11 States Sentencing Commission shall review and amend, if 

12 appropriate, its guidelines and its policy statements appli13 cable to persons convicted of an offense under section 401 

14 of the Controlled Substances Act (21 U.S.C. 841) or section 

15 1010 of the Controlled Substances Import and Export Act 

16 (21 U.S.C. 960) to ensure that the guidelines and policy 

17 statements are consistent with the amendments made by sec18 tions 2 and 4 of this Act and reflect the intent of Congress 

19 that such penalties be decreased in accordance with the 

20 amendments made by section 4 of this Act. 

21 (b) CONSIDERATIONS.—In carrying out this section, 

22 the United States Sentencing Commission shall consider— 

23 (1) the mandate of the United States Sentencing 

24 Commission, under section 994(g) of title 28, United 

25 States Code, to formulate the sentencing guidelines in 


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1 such a way as to ‘‘minimize the likelihood that the 

2 Federal prison population will exceed the capacity of 

3 the Federal prisons’’; 

4 (2) the findings and conclusions of the United 

5 States Sentencing Commission in its October 2011 re6 port to Congress entitled, Mandatory Minimum Pen7 alties in the Federal Criminal Justice System; 

8 (3) the fiscal implications of any amendments or 

9 revisions to the sentencing guidelines or policy state10 ments made by the United States Sentencing Com11 mission; 

12 (4) the relevant public safety concerns involved 

13 in the considerations before the United States Sen14 tencing Commission; 

15 (5) the intent of Congress that severe sentences 

16 for violent, repeat, and serious drug traffickers who 

17 present public safety risks remain in place; and 

18 (6) the need to reduce and prevent racial dis19 parities in Federal sentencing. 

20 (c) EMERGENCY AUTHORITY.—The United States Sen21 tencing Commission shall— 

22 (1) promulgate the guidelines, policy statements, 

23 or amendments provided for in this Act as soon as 

24 practicable, and in any event not later than 120 days 

25 after the date of enactment of this Act, in accordance 


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1 with the procedure set forth in section 21(a) of the 

2 Sentencing Act of 1987 (28 U.S.C. 994 note), as 

3 though the authority under that Act had not expired; 

4 and 

5 (2) pursuant to the emergency authority pro6 vided under paragraph (1), make such conforming 

7 amendments to the Federal sentencing guidelines as 

8 the Commission determines necessary to achieve con9 sistency with other guideline provisions and applica10 ble law. 

11 SEC. 6. REPORT BY ATTORNEY GENERAL. 

12 Not later than 6 months after the date of enactment 

13 of this Act, the Attorney General shall submit to the Com14 mittees on the Judiciary of the House of Representatives 

15 and the Senate a report outlining how the reduced expendi16 tures on Federal corrections and the cost savings resulting 

17 from this Act will be used to help reduce overcrowding in 

18 the Federal Bureau of Prisons, help increase proper invest19 ment in law enforcement and crime prevention, and help 

20 reduce criminal recidivism, thereby increasing the effective21 ness of Federal criminal justice spending. 

22 SEC. 7. REPORT ON FEDERAL CRIMINAL OFFENSES. 

23 (a) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘criminal regulatory offense’’ means 

2 a Federal regulation that is enforceable by a criminal 

3 penalty; and 

4 (2) the term ‘‘criminal statutory offense’’ means 

5 a criminal offense under a Federal statute. 

6 (b) REPORT ON CRIMINAL STATUTORY OFFENSES.— 

7 Not later than 1 year after the date of enactment of this 

8 Act, the Attorney General shall submit to the Committee 

9 on the Judiciary of the Senate and the Committee on the 

10 Judiciary of the House of Representatives a report, which 

11 shall include— 

12 (1) a list of all criminal statutory offenses, in13 cluding a list of the elements for each criminal statu14 tory offense; and 

15 (2) for each criminal statutory offense listed 

16 under paragraph (1)— 

17 (A) the potential criminal penalty for the 

18 criminal statutory offense; 

19 (B) the number of prosecutions for the 

20 criminal statutory offense brought by the Depart21 ment of Justice each year for the 15-year period 

22 preceding the date of enactment of this Act; and 

23 (C) the mens rea requirement for the crimi24 nal statutory offense. 

25 (c) REPORT ON CRIMINAL REGULATORY OFFENSES.— 


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1 (1) REPORTS.—Not later than 1 year after the 

2 date of enactment of this Act, the head of each Federal 

3 agency described in paragraph (2) shall submit to the 

4 Committee on the Judiciary of the Senate and the 

5 Committee on the Judiciary of the House of Rep6 resentatives a report, which shall include— 

7 (A) a list of all criminal regulatory offenses 

8 enforceable by the agency; and 

9 (B) for each criminal regulatory offense list10 ed under subparagraph (A)— 

11 (i) the potential criminal penalty for a 

12 violation of the criminal regulatory offense; 

13 (ii) the number of violations of the 

14 criminal regulatory offense referred to the 

15 Department of Justice for prosecution in 

16 each of the years during the 15-year period 

17 preceding the date of enactment of this Act; 

18 and 

19 (iii) the mens rea requirement for the 

20 criminal regulatory offense. 

21 (2) AGENCIES DESCRIBED.—The Federal agen22 cies described in this paragraph are the Department 

23 of Agriculture, the Department of Commerce, the De24 partment of Education, the Department of Energy, 

25 the Department of Health and Human Services, the 


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1 Department of Homeland Security, the Department of 

2 Housing and Urban Development, the Department of 

3 the Interior, the Department of Labor, the Depart4 ment of Transportation, the Department of the Treas5 ury, the Commodity Futures Trading Commission, 

6 the Consumer Product Safety Commission, the Equal 

7 Employment Opportunity Commission, the Export8 Import Bank of the United States, the Farm Credit 

9 Administration, the Federal Communications Com10 mission, the Federal Deposit Insurance Corporation, 

11 the Federal Election Commission, the Federal Labor 

12 Relations Authority, the Federal Maritime Commis13 sion, the Federal Mine Safety and Health Review 

14 Commission, the Federal Trade Commission, the Na15 tional Labor Relations Board, the National Transpor16 tation Safety Board, the Nuclear Regulatory Commis17 sion, the Occupational Safety and Health Review 

18 Commission, the Office of Compliance, the Postal Reg19 ulatory Commission, the Securities and Exchange 

20 Commission, the Securities Investor Protection Cor21 poration, the Environmental Protection Agency, the 

22 Small Business Administration, the Federal Housing 

23 Finance Agency, and the Office of Government Ethics. 

24 (d) INDEX.—Not later than 2 years after the date of 

25 enactment of this Act— 


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1 (1) the Attorney General shall establish a pub2 lically accessible index of each criminal statutory of3 fense listed in the report required under subsection (b) 

4 and make the index available and freely accessible on 

5 the website of the Department of Justice; and 

6 (2) the head of each agency described in sub7 section (c)(2) shall establish a publically accessible 

8 index of each criminal regulatory offense listed in the 

9 report required under subsection (c)(1) and make the 

10 index available and freely accessible on the website of 

11 the agency. 

12 (e) RULE OF CONSTRUCTION.—Nothing in this section 

13 shall be construed to require or authorize appropriations. 

14 SEC. 8. SEXUAL ASSAULT OFFENSES. 

15 Chapter 109A of title 18, United States Code, is 

16 amended— 

17 (1) in section 2241— 

18 (A) in subsection (a), in the flush text fol19 lowing paragraph (2), by inserting ‘‘not less 

20 than 5’’ after ‘‘term of years’’; and 

21 (B) in subsection (b), in the flush text fol22 lowing paragraph (2)(B), by inserting ‘‘not less 

23 than 5’’ after ‘‘term of years’’; 


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1 (2) in section 2242, in the flush text following 

2 paragraph (2)(B), by inserting ‘‘not less than 5’’ after 

3 ‘‘term of years’’; 

4 (3) in section 2243— 

5 (A) in subsection (a), in the flush text fol6 lowing paragraph (2), by inserting ‘‘not less 

7 than 5 years and’’ after ‘‘imprisoned’’; and 

8 (B) in subsection (b), in the flush text fol9 lowing paragraph (2), by inserting ‘‘not less 

10 than 5 years and’’ after ‘‘imprisoned’’; and 

11 (4) by amending section 2245 to read as follows: 

12 ‘‘§ 2245. Offenses resulting in death 

13 ‘‘A person who— 

14 ‘‘(1) in the course of an offense under this chap15 ter or section 1591, 2251, 2251A, or 2260 murders an 

16 individual, shall be punished by death or imprisoned 

17 for any term of years not less than 5 years or for life; 

18 and 

19 ‘‘(2) in the course of an offense under section 

20 2421, 2422, 2423, or 2425 murders an individual, 

21 shall be punished by death or imprisoned for any 

22 term of years or for life.’’. 


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1 SEC. 9. DOMESTIC VIOLENCE OFFENSES. 

2 Section 2261(b) of title 18, United States Code, is 

3 amended by striking paragraphs (1), (2), and (3) and in4 serting the following: 

5 ‘‘(1) if death of the victim results— 

6 ‘‘(A) in the case of a violation of this sec7 tion, for any term of years not less than 10 or 

8 for life; and 

9 ‘‘(B) in the case of a violation of section 

10 2261A, for life or any term of years; 

11 ‘‘(2) if permanent disfigurement or life threat12 ening bodily injury to the victim results— 

13 ‘‘(A) in the case of a violation of this sec14 tion, for not more than 25 years; and 

15 ‘‘(B) in the case of a violation of section 

16 2261A, for not more than 20 years; 

17 ‘‘(3) if serious bodily injury to the victim results 

18 or if the offender uses a dangerous weapon during the 

19 offense— 

20 ‘‘(A) in the case of a violation of this sec21 tion, for not more than 15 years; and 

22 ‘‘(B) in the case of a violation of section 

23 2261A, for not more than 10 years;’’. 


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1 SEC. 10. MANDATORY MINIMUM SENTENCES FOR CERTAIN 

2 OFFENSES RELATING TO THE PROVISION OF 

3 ARMS TO TERRORISTS OR PROLIFERATORS 

4 OF WEAPONS OF MASS DESTRUCTION. 

5 (a) INTERNATIONAL EMERGENCY ECONOMIC POWERS

6 ACT.—Section 206 of the International Emergency Eco7 nomic Powers Act (50 U.S.C. 1705) is amended— 

8 (1) in subsection (c), by striking ‘‘A person’’ and 

9 inserting ‘‘Subject to subsection (d), a person’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(d) MINIMUM TERM OF IMPRISONMENT FOR CERTAIN

12 ACTS RELATING TO THE PROVISION OF ARMS TO TERROR13 ISTS OR PROLIFERATORS OF WEAPONS OF MASS DESTRUC14 TION.— 

15 ‘‘(1) IN GENERAL.—A natural person who will16 fully commits, willfully attempts to commit, or will17 fully conspires to commit, or aids or abets in the com18 mission of, an unlawful act described in paragraph 

19 (2) shall, upon conviction, be imprisoned for a term 

20 of not less than 5 years. 

21 ‘‘(2) UNLAWFUL ACTS DESCRIBED.—An unlawful 

22 act described in this paragraph is an unlawful act 

23 described in subsection (a) that involves— 

24 ‘‘(A) the provision of defense articles or de25 fense services to— 

26 ‘‘(i) a state sponsor of terrorism; 


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1 ‘‘(ii) an organization designated as a 

2 foreign terrorist organization under section 

3 219(a) of the Immigration and Nationality 

4 Act (8 U.S.C. 1189(a)); or 

5 ‘‘(iii) a person on the list of specially 

6 designated nationals and blocked persons 

7 maintained by the Office of Foreign Assets 

8 Control of the Department of the Treasury 

9 for an activity relating to support for inter10 national terrorism or the proliferation of 

11 weapons of mass destruction; or 

12 ‘‘(B) the exportation of goods or services to 

13 any person in connection with a program of a 

14 foreign country or foreign person to develop 

15 weapons of mass destruction. 

16 ‘‘(3) DEFINITIONS.—In this subsection: 

17 ‘‘(A) DEFENSE ARTICLE; DEFENSE SERV18 ICE.—The terms ‘defense article’ and ‘defense 

19 service’ have the meanings given those terms in 

20 section 47 of the Arms Export Control Act (22 

21 U.S.C. 2794). 

22 ‘‘(B) STATE SPONSOR OF TERRORISM.—The 

23 term ‘state sponsor of terrorism’ means any 

24 country the government of which the Secretary of 

25 State has determined has repeatedly provided 


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1 support for acts of international terrorism pur2 suant to— 

3 ‘‘(i) section 6(j)(1)(A) of the Export 

4 Administration Act of 1979 (50 U.S.C. 

5 App. 2405(j)(1)(A)) (as in effect pursuant 

6 to this Act); 

7 ‘‘(ii) section 40(d) of the Arms Export 

8 Control Act (22 U.S.C. 2780(d)); or 

9 ‘‘(iii) section 620A(a) of the Foreign 

10 Assistance Act of 1961 (22 U.S.C. 

11 2371(a)).’’. 

12 (b) TRADING WITH THE ENEMY ACT.—Section 5 of 

13 the Trading with the Enemy Act (50 U.S.C. App.) is 

14 amended by adding at the end the following: 

15 ‘‘(c) MINIMUM TERM OF IMPRISONMENT FOR CERTAIN

16 ACTS RELATING TO THE PROVISION OF ARMS TO TERROR17 ISTS OR PROLIFERATORS OF WEAPONS OF MASS DESTRUC18 TION.— 

19 ‘‘(1) IN GENERAL.—A natural person who will20 fully commits, willfully attempts to commit, or will21 fully conspires to commit, or aids or abets in the com22 mission of, an unlawful act described in paragraph 

23 (2) shall, upon conviction, be imprisoned for a term 

24 of not less than 5 years. 


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1 ‘‘(2) UNLAWFUL ACTS DESCRIBED.—An unlawful 

2 act described in this paragraph is an act in violation 

3 of the provisions of this Act or any license, order, reg4 ulation, or prohibition issued under this Act that in5 volves— 

6 ‘‘(A) the provision of defense articles or de7 fense services to— 

8 ‘‘(i) a state sponsor of terrorism; 

9 ‘‘(ii) an organization designated as a 

10 foreign terrorist organization under section 

11 219(a) of the Immigration and Nationality 

12 Act (8 U.S.C. 1189(a)); or 

13 ‘‘(iii) a person on the list of specially 

14 designated nationals and blocked persons 

15 maintained by the Office of Foreign Assets 

16 Control of the Department of the Treasury 

17 for an activity relating to support for inter18 national terrorism or the proliferation of 

19 weapons of mass destruction; or 

20 ‘‘(B) the exportation of goods or services to 

21 any person in connection with a program of a 

22 foreign country or foreign person to develop 

23 weapons of mass destruction. 

24 ‘‘(3) DEFINITIONS.—In this subsection: 


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1 ‘‘(A) DEFENSE ARTICLE; DEFENSE SERV2 ICE.—The terms ‘defense article’ and ‘defense 

3 service’ have the meanings given those terms in 

4 section 47 of the Arms Export Control Act (22 

5 U.S.C. 2794). 

6 ‘‘(B) STATE SPONSOR OF TERRORISM.—The 

7 term ‘state sponsor of terrorism’ has the meaning 

8 given that term in section 206(d)(3) of the Inter9 national Emergency Economic Powers Act.’’. 

10 (c) ARMS EXPORT CONTROL ACT.—Section 38(c) of the 

11 Arms Export Control Act (22 U.S.C. 2778(c)) is amended 

12 by striking ‘‘shall upon conviction be fined’’ and all that 

13 follows and inserting the following: ‘‘shall upon convic14 tion— 

15 ‘‘(1) subject to paragraph (2), be fined for each 

16 violation not more than $1,000,000 or imprisoned not 

17 more than 20 years, or both; and 

18 ‘‘(2) be imprisoned not less than 5 years if the 

19 violation involves the export of defense articles or de20 fense services to— 

21 ‘‘(A) a state sponsor of terrorism (as defined 

22 in section 206(d)(3) of the International Emer23 gency Economic Powers Act); 

24 ‘‘(B) an organization designated as a for25 eign terrorist organization under section 219(a) 


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25 

•S 1410 RS

1 of the Immigration and Nationality Act (8 

2 U.S.C. 1189(a)); 

3 ‘‘(C) a person on the list of specially des4 ignated nationals and blocked persons main5 tained by the Office of Foreign Assets Control of 

6 the Department of the Treasury for an activity 

7 relating to support for international terrorism or 

8 the proliferation of weapons of mass destruction; 

9 or 

10 ‘‘(D) any person in connection with a pro11 gram of a foreign country or foreign person to 

12 develop weapons of mass destruction.’’. 

13 (d) SMUGGLING FROM THE UNITED STATES.—Section 

14 554 of title 18, United States Code, is amended— 

15 (1) in subsection (a), by striking ‘‘shall be fined’’ 

16 and all that follows and inserting the following: 

17 ‘‘shall— 

18 ‘‘(1) subject to paragraph (2), be fined under this 

19 title, imprisoned not more than 10 years, or both; and 

20 ‘‘(2) be imprisoned not less than 5 years if the 

21 merchandise, article, or object— 

22 ‘‘(A) is a defense article and was exported 

23 or sent, or was attempted to be exported or sent, 

24 to— 

25 ‘‘(i) a state sponsor of terrorism; 


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26 

•S 1410 RS

1 ‘‘(ii) an organization designated as a 

2 foreign terrorist organization under section 

3 219(a) of the Immigration and Nationality 

4 Act (8 U.S.C. 1189(a)); or 

5 ‘‘(iii) a person on the list of specially 

6 designated nationals and blocked persons 

7 maintained by the Office of Foreign Assets 

8 Control of the Department of the Treasury 

9 for an activity relating to support for inter10 national terrorism or the proliferation of 

11 weapons of mass destruction; or 

12 ‘‘(B) was exported or sent, or was attempted 

13 to be exported or sent, to any person in connec14 tion with a program of a foreign country or for15 eign person to develop weapons of mass destruc16 tion.’’; and 

17 (2) by amending subsection (b) to read as fol18 lows: 

19 ‘‘(b) DEFINITIONS.—In this section: 

20 ‘‘(1) DEFENSE ARTICLE; DEFENSE SERVICE.— 

21 The terms ‘defense article’ and ‘defense service’ have 

22 the meanings given those terms in section 47 of the 

23 Arms Export Control Act (22 U.S.C. 2794). 

24 ‘‘(2) STATE SPONSOR OF TERRORISM.—The term 

25 ‘state sponsor of terrorism’ has the meaning given 


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27 

•S 1410 RS

1 that term in section 206(d)(3) of the International 

2 Emergency Economic Powers Act.’’. 


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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 


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