S.Amdt. 3902

SA 3902. Mr. KYL submitted an amendment intended to be proposed by
him to the bill S. 2248, to amend the Foreign Intelligence Surveillance
Act

[[Page S211]]

of 1978, to modernize and streamline the provisions of that Act, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PREVENTION AND DETERRENCE OF TERRORIST SUICIDE
BOMBINGS.

(a) In General.--
(1) Offense of rewarding or facilitating international
terrorist acts.--
(A) In general.--Chapter 113B of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 2339E. Providing material support to international
terrorism

``(a) Definitions.--In this section:
``(1) The term `facility of interstate or foreign commerce'
has the same meaning as in section 1958(b)(2).
``(2) The term `international terrorism' has the same
meaning as in section 2331.
``(3) The term `material support or resources' has the same
meaning as in section 2339A(b).
``(4) The term `perpetrator of an act' includes any person
who--
``(A) commits the act;
``(B) aids, abets, counsels, commands, induces, or procures
its commission; or
``(C) attempts, plots, or conspires to commit the act.
``(5) The term `serious bodily injury' has the same meaning
as in section 1365.
``(b) Prohibition.--Whoever, in a circumstance described in
subsection (c), provides, or attempts or conspires to
provide, material support or resources to the perpetrator of
an act of international terrorism, or to a family member or
other person associated with such perpetrator, with the
intent to facilitate, reward, or encourage that act or other
acts of international terrorism, shall be fined under this
title, imprisoned for any term of years or for life, or both,
and, if death results, shall be imprisoned for any term of
years not less than 10 or for life.
``(c) Jurisdictional Bases.--A circumstance referred to in
subsection (b) is that--
``(1) the offense occurs in or affects interstate or
foreign commerce;
``(2) the offense involves the use of the mails or a
facility of interstate or foreign commerce;
``(3) an offender intends to facilitate, reward, or
encourage an act of international terrorism that affects
interstate or foreign commerce or would have affected
interstate or foreign commerce had it been consummated;
``(4) an offender intends to facilitate, reward, or
encourage an act of international terrorism that violates the
criminal laws of the United States;
``(5) an offender intends to facilitate, reward, or
encourage an act of international terrorism that is designed
to influence the policy or affect the conduct of the United
States Government;
``(6) an offender intends to facilitate, reward, or
encourage an act of international terrorism that occurs in
part within the United States and is designed to influence
the policy or affect the conduct of a foreign government;
``(7) an offender intends to facilitate, reward, or
encourage an act of international terrorism that causes or is
designed to cause death or serious bodily injury to a
national of the United States while that national is outside
the United States, or substantial damage to the property of a
legal entity organized under the laws of the United States
(including any of its States, districts, commonwealths,
territories, or possessions) while that property is outside
of the United States;
``(8) the offense occurs in whole or in part within the
United States, and an offender intends to facilitate, reward
or encourage an act of international terrorism that is
designed to influence the policy or affect the conduct of a
foreign government; or
``(9) the offense occurs in whole or in part outside of the
United States, and an offender is a national of the United
States, a stateless person whose habitual residence is in the
United States, or a legal entity organized under the laws of
the United States (including any of its States, districts,
commonwealths, territories, or possessions).''.
(B) Technical and conforming amendments.--
(i) Table of sections.--The table of sections for chapter
113B of title 18, United States Code, is amended by adding at
the end the following:

``2339D. Receiving military-type training from a foreign terrorist
organization.
``2339E. Providing material support to international terrorism.''.

(ii) Other amendment.--Section 2332b(g)(5)(B)(i) of title
18, United States Code, is amended by inserting ``2339E
(relating to providing material support to international
terrorism),'' before ``or 2340A (relating to torture)''.
(2) Increased penalties for providing material support to
terrorists.--
(A) Providing material support to designated foreign
terrorist organizations.--Section 2339B(a) of title 18,
United States Code, is amended by striking ``15 years'' and
inserting ``30 years''.
(B) Providing material support or resources in aid of a
terrorist crime.--Section 2339A(a) of title 18, United States
Code, is amended by striking ``imprisoned not more than 15
years'' and all that follows through ``life.'' and inserting
``imprisoned for any term of years or for life, or both, and,
if the death of any person results, shall be imprisoned for
any term of years not less than 10 or for life.''.
(C) Receiving military-type training from a foreign
terrorist organization.--Section 2339D(a) of title 18, United
States Code, is amended by striking ``ten years'' and
inserting ``25 years''.
(D) Addition of attempts and conspiracies to an offense
relating to military training.--Section 2339D(a) of title 18,
United States Code, is amended by inserting ``, or attempts
or conspires to receive,'' after ``receives''.
(b) Terrorist Murders, Kidnappings, and Assaults.--
(1) Penalties for terrorist murder and manslaughter.--
Section 2332(a) of title 18, United States Code, is amended--
(A) in paragraph (1), by striking ``, punished by death''
and all that follows and inserting ``and punished by death or
imprisoned for life;''; and
(B) in paragraph (2), by striking ``ten years'' and
inserting ``30 years''.
(2) Addition of offense of terrorist kidnapping.--Section
2332 of title 18, United States Code, is amended--
(A) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(B) by inserting after subsection (b) the following:
``(c) Kidnapping.--Whoever outside the United States
unlawfully seizes, confines, inveigles, decoys, kidnaps,
abducts, or carries away, or attempts or conspires to seize,
confine, inveigle, decoy, kidnap, abduct or carry away, a
national of the United States shall be fined under this title
and imprisoned for any term of years or for life.''.
(3) Addition of sexual assault to definition of offense of
terrorist assault.--Section 2332(d) of title 18, United
States Code, as redesignated by paragraph (2) of this
subsection, is amended--
(A) in paragraph (1), by inserting ``(as defined in section
1365, including any conduct that, if the conduct occurred in
the special maritime and territorial jurisdiction of the
United States, would violate section 2241 or 2242)'' after
``injury'';
(B) in paragraph (2), by inserting ``(as defined in section
1365, including any conduct that, if the conduct occurred in
the special maritime and territorial jurisdiction of the
United States, would violate section 2241 or 2242)'' after
``injury''; and
(C) in the matter following paragraph (2), by striking ``or
imprisoned'' and all that follows and inserting ``and
imprisoned for any term of years not less than 30 or for
life.''.
(c) Terrorist Hoaxes Against Families of United States
Servicemen.--
(1) Hoax statute.--Section 1038 of title 18, United States
Code, is amended--
(A) in subsections (a)(1) and (b), by inserting ``or any
other offense listed under section 2332b(g)(5)(B) of this
title'' after ``title 49,''; and
(B) in subsection (a)(2)--
(i) in subparagraph (A), by striking ``, imprisoned not
more than 5 years, or both'' and inserting ``and imprisoned
for not less than 2 years nor more than 10 years'';
(ii) in subparagraph (B), by striking ``, imprisoned not
more than 20 years, or both'' and inserting ``and imprisoned
for not less than 5 years nor more than 25 years''; and
(iii) in subparagraph (C), by striking ``, imprisoned for
any term of years or for life, or both'' and inserting ``and
imprisoned for any term of years not less than 10 or for
life''.
(2) Attacks on united states servicemen.--
(A) In general.--Chapter 67 of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 1389. Prohibition on attacks on United States
servicemen on account of service

``(a) In General.--Whoever assaults, batters, or knowingly
destroys or injures the property of a United States
serviceman or of a member of the immediate family of a United
States serviceman, on account of the military service of that
serviceman or status of that individual as a United States
serviceman, or who attempts or conspires to do so, shall--
``(1) in the case of a simple assault, or destruction or
injury to property in which the damage or attempted damage to
such property is not more than $500, be fined under this
title in an amount not less than $500 and imprisoned not more
than 2 years;
``(2) in the case of destruction or injury to property in
which the damage or attempted damage to such property is more
than $500, be fined under this title in an amount not less
than $1000 and imprisoned not less than 90 days nor more than
10 years; and
``(3) in the case of a battery, or an assault resulting in
bodily injury, be fined under this title in an amount not
less than $2500 and imprisoned not less than 2 years nor more
than 30 years.
``(b) Exception.--This section shall not apply to a person
who is subject to the Uniform Code of Military Justice.
``(c) Definition.--In this section, the term `United States
serviceman'--
``(1) means a member of the Armed Forces, as that term is
defined in section 1388; and
``(2) includes a former member of the Armed Forces during
the 5-year period beginning on the date of the discharge from
the Armed Forces of that member of the Armed Forces.''.

[[Page S212]]

(B) Technical and conforming amendment.--The table of
sections for chapter 67 of title 18, United States Code, is
amended by adding at the end the following:

``1389. Prohibition on attacks on United States servicemen on account
of service.''.
(3) Threatening communications.--
(A) Mailed within the united states.--Section 876 of title
18, United States Code, is amended by adding at the end the
following:
``(e) For purposes of this section, the term `addressed to
any other person' includes an individual (other than the
sender), a corporation or other legal person, and a
government or agency or component thereof.''.
(B) Mailed to a foreign country.--Section 877 of title 18,
United States Code, is amended by adding at the end the
following:
``For purposes of this section, the term `addressed to any
person' includes an individual, a corporation or other legal
person, and a government or agency or component thereof.''.
(d) Denial of Federal Benefits to Convicted Terrorists.--

(1) In general.--Chapter 113B of title 18, United States
Code, as amended by this section, is amended by adding at the
end the following:

``Sec. 2339F. Denial of Federal benefits to terrorists

``(a) In General.--Any individual who is convicted of a
Federal crime of terrorism (as defined in section 2332b(g))
shall, as provided by the court on motion of the Government,
be ineligible for any or all Federal benefits for any term of
years or for life.
``(b) Federal Benefit Defined.--In this section, `Federal
benefit' has the meaning given that term in section 421(d) of
the Controlled Substances Act (21 U.S.C. 862(d)).''.
(2) Technical and conforming amendment.--The table of
sections for chapter 113B of title 18, United States Code, as
amended by this section, is amended by adding at the end the
following:

``Sec. 2339F. Denial of Federal benefits to terrorists.''.

(e) Investigation of Terrorist Crimes.--
(1) Nondisclosure of fisa investigations.--The following
provisions of the Foreign Intelligence Surveillance Act of
1978 are each amended by inserting ``(other than in
proceedings or other civil matters under the immigration
laws, as that term is defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)))''
after ``authority of the United States'':
(A) Subsections (c), (e), and (f) of section 106 (50 U.S.C.
1806).
(B) Subsections (d), (f), and (g) of section 305 (50 U.S.C.
1825).
(C) Subsections (c), (e), and (f) of section 405 (50 U.S.C.
1845).
(2) Multidistrict search warrants in terrorism
investigations.--Rule 41(b)(3) of the Federal Rules of
Criminal Procedure is amended to read as follows:
``(3) a magistrate judge--in an investigation of--
``(A) a Federal crime of terrorism (as defined in section
2332b(g)(g) of title 18, United States Code); or
``(B) an offense under section 1001 or 1505 of title 18,
United States Code, relating to information or purported
information concerning a Federal crime of terrorism (as
defined in section 2332b(g)(5) of title 18, United States
Code)--having authority in any district in which activities
related to the Federal crime of terrorism or offense may have
occurred, may issue a warrant for a person or property within
or outside that district.''.
(3) Increased penalties for obstruction of justice in
terrorism cases.--Sections 1001(a) and 1505 of title 18,
United States Code, are amended by striking ``8 years'' and
inserting ``10 years''.
(f) Improvements to the Classified Information Procedures
Act.--
(1) Interlocutory appeals under the classified information
procedures act.--Section 7(a) of the Classified Information
Procedures Act (18 U.S.C. App.) is amended by adding at the
end ``The Government's right to appeal under this section
applies without regard to whether the order appealed from was
entered under this Act.''.
(2) Ex parte authorizations under the classified
information procedures act.--Section 4 of the Classified
Information Procedures Act (18 U.S.C. App.) is amended--
(A) in the second sentence--
(i) by striking ``may'' and inserting ``shall''; and
(ii) by striking ``written statement to be inspected'' and
inserting ``statement to be made ex parte and to be
considered''; and
(B) in the third sentence--
(i) by striking ``If the court enters an order granting
relief following such an ex parte showing, the'' and
inserting ``The''; and
(ii) by inserting ``, as well as any summary of the
classified information the defendant seeks to obtain,'' after
``text of the statement of the United States''.
(3) Application of classified information procedures act to
nondocumentary information.--Section 4 of the Classified
Information Procedures Act (18 U.S.C. App.) is amended--
(A) in the section heading, by inserting ``, and access
to,'' after ``of'';
(B) by inserting ``(a) Discovery of Classified Information
From Documents.--'' before the first sentence; and
(C) by adding at the end the following:
``(b) Access to Other Classified Information.--
``(1) If the defendant seeks access through deposition
under the Federal Rules of Criminal Procedure or otherwise to
non-documentary information from a potential witness or other
person which he knows or reasonably believes is classified,
he shall notify the attorney for the United States and the
district court in writing. Such notice shall specify with
particularity the classified information sought by the
defendant and the legal basis for such access. At a time set
by the court, the United States may oppose access to the
classified information.
``(2) If, after consideration of any objection raised by
the United States, including any objection asserted on the
basis of privilege, the court determines that the defendant
is legally entitled to have access to the information
specified in the notice required by paragraph (1), the United
States may request the substitution of a summary of the
classified information or the substitution of a statement
admitting relevant facts that the classified information
would tend to prove.
``(3) The court shall permit the United States to make its
objection to access or its request for such substitution in
the form of a statement to be made ex parte and to be
considered by the court alone. The entire text of the
statement of the United States, as well as any summary of the
classified information the defendant seeks to obtain, shall
be sealed and preserved in the records of the court and made
available to the appellate court in the event of an appeal.
``(4) The court shall grant the request of the United
States to substitute a summary of the classified information
or to substitute a statement admitting relevant facts that
the classified information would tend to prove if it finds
that the summary or statement will provide the defendant with
substantially the same ability to make his defense as would
disclosure of the specific classified information.
``(5) A defendant may not obtain access to classified
information subject to this subsection except as provided in
this subsection. Any proceeding, whether by deposition under
the Federal Rules of Criminal Procedure or otherwise, in
which a defendant seeks to obtain access to such classified
information not previously authorized by a court for
disclosure under this subsection must be discontinued or may
proceed only as to lines of inquiry not involving such
classified information.''.
______