S.Amdt. 3926

SA 3926. Mr. KYL submitted an amendment intended to be proposed by
him to the bill S. 2248, to amend the Foreign Intelligence Surveillance
Act 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. __. TERRORIST HOAXES AGAINST FAMILIES OF UNITED STATES
SERVICEMEN.

(a) Hoax Statute.--Section 1038 of title 18, United States
Code, is amended--
(1) 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
(2) in subsection (a)(2)--
(A) 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'';
(B) 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
(C) 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''.
(b) Attacks on United States Servicemen.--
(1) 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 knowingly assaults or batters a
United States serviceman or an immediate family member of a
United States serviceman, or who knowingly destroys or
injures the property of such serviceman or immediate family
member, 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 nor more than $10,000
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 nor more than $100,000 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 conduct
by a person who is subject to the Uniform Code of Military
Justice.
``(c) Definitions.--In this section--
``(1) the term `Armed Forces' has the meaning given that
term in section 1388;
``(2) the term `immediate family member' has the meaning
given that term in section 115; and
``(3) the term `United States serviceman'--
``(A) means a member of the Armed Forces; and
``(B) 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.''.
(2) 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.''.

(c) Threatening Communications.--
(1) 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.''.
(2) 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.''.
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