II
109th CONGRESS
2d Session
S. 3848
IN THE SENATE OF THE UNITED STATES
September 6, 2006
Mr. Kyl (for himself, Mr. DeWine, and Mr. Cornyn) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to support the war on terrorism, and for other purposes.
Short title
This Act may be cited as the
Terrorism Prevention Act of
2006
.
Providing material support to terrorist groups
Offense of rewarding or facilitating international terrorist acts
In general
Chapter 113B of title 18, United States Code, is amended by adding at the end the following section:
Providing material support to international terrorism
Definitions
In this section:
The term material support or resources has the same meaning as in section 2339A(b).
The term the perpetrator of an act includes any person who—
commits the act;
aids, abets, counsels, commands, induces, or procures its commission; or
attempts, plots, or conspires to commit the act.
The term international terrorism has the same meaning as in section 2331.
The term facility of interstate or foreign commerce has the same meaning as in section 1958(b)(2).
The term serious bodily injury has the same meaning as in section 1365.
The term national of the United States has the same meaning as in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
Prohibition
Whoever, in a circumstance provided in subsection (c), provides 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 and imprisoned for any term of years not less than 10 or for life, and, if death results, shall be imprisoned for any term of years not less than 30 or for life.
Jurisdictional bases
A circumstance referred to in subsection (b) is—
the offense occurs in or affects interstate or foreign commerce;
the offense involves the use of the mails or a facility of interstate or foreign commerce;
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;
an offender intends to facilitate, reward, or encourage an act of international terrorism that violates the criminal laws of the United States;
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;
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;
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;
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
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).
.
Technical and conforming amendments
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.
.
Other amendment
Section 2332b(g)(5)(B)(i) of title 18, United States
Code, is amended by striking all after 2339C
and inserting
(relating to financing of terrorism), 2339E (relating to providing
material support to international terrorism), or 2340A (relating to
torture);
.
Increased penalties for providing material support to terrorists
Providing material support
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
and imprisoned for any term of years not less than 10 or for life, and,
if the death of any person results, shall be imprisoned for any term of years
not less than 25 or for life.
.
Providing material support or resources to designated foreign terrorist organizations
Section 2339B(a) of title 18, United States Code,
is amended by striking or imprisoned not more than 15 years,
and
all that follows through life.
and inserting and
imprisoned for not less than 5 years and not more than 25 years, and, if the
death of any person results, shall be imprisoned for any term of years not less
than 20 or for life.
.
Receiving Military-Type training from a foreign terrorist organization
Section 2339D of title 18, United States Code, is
amended by striking or imprisoned for ten years, or both.
and
inserting and imprisoned for not less than 3 years and not more than 15
years.
.
Exceptions to prohibition
Section 2339A(b)(1) of title 18, United States Code,
is amended by striking , except medicine or religious
materials
.
Addition of attempts and conspiracies to an offense relating to military training
Section 2339D of title 18, United States Code, is
amended by inserting , or attempts or conspires to receive,
after receives
.
Denial of federal benefits to convicted terrorists
In general
Chapter 113B of title 18, United States Code, as amended by this section, is further amended by adding at the end the following:
Denial of Federal benefits to terrorists
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.
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)).
.
Technical and conforming amendment
The table of sections for chapter 113B of title 18, United States Code, as amended by this section, is further amended by adding at the end the following:
2339F. Denial of Federal benefits to terrorists.
.
Improvements to the classified information procedures act
Short title
This section may be cited as the Classified
Information Procedures Reform Act of 2006
.
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.
.
Ex parte authorizations under the classified information procedures act
Section 4 of the Classified Information Procedures Act (18 U.S.C. App.) is amended—
in the second sentence—
by striking
may
and inserting shall
; and
by striking
written statement to be inspected
and inserting statement
to be made ex parte and to be considered
; and
in the third sentence—
by striking
If the court enters an order granting relief following such an ex parte
showing, the
and inserting The
; and
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
.
Application of classified information procedures act to non-documentary information
Section 4 of the Classified Information Procedures Act (18 U.S.C. App.) is amended—
in the section
heading, by inserting , and access to,
after
of
;
by inserting
(a) Discovery of
classified information from documents.—
before the
first sentence; and
by adding at the end the following:
Access to other classified information
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.
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.
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.
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.
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.
.
Improvements to the terrorist hoax statute
Hoax statute
Section 1038 of title 18, United States Code, is amended—
in subsections
(a)(1) and (b), by striking a violation
and all that follows
through title 49
and inserting an offense listed under
section 2332b(g)(5)(B) of this title
; and
in subsection (a)(2)—
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
;
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
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
.
Threatening communications
Mailed within the United States
Section 876 of title 18, United States Code, is amended by adding at the end thereof the following new subsection:
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.
.
Mailed to a foreign country
Section 877 of title 18, United States Code, is amended by adding at the end thereof the following new paragraph:
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.
.
Terrorist murders, kidnappings, and assaults
Homicide
Section 2332(a) of title 18, United States Code, is amended—
by inserting
, or attempts or conspires to kill,
after Whoever
kills
; and
in paragraph (1),
by striking this title
and all that follows and inserting
this title and punished by death or imprisonment for any term of years
not less than 30 or for life;
Kidnapping
Section 2332(b) of title 18, United States Code, is amended to read as follows:
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 punished by imprisonment for any term of years not less than 20 or for life; and, if the death of any person results, shall be fined under this title and punished by death or imprisonment for life.
.
Other conduct
Section 2332(c) of title 18, United States Code, is amended—
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
in paragraphs (1) and (2); and
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
10 or for life.
.
Terrorist offenses resulting in death
In general
Chapter 113B of title 18, United States Code, as amended by this Act, is further amended by adding at the end the following:
Terrorist offenses resulting in death
Whoever, in the course of committing a terrorist offense, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years not less than 20 or for life.
In this section, the term terrorist offense means—
a felony offense that is—
a Federal crime of terrorism as defined in section 2332b(g), other than an offense under section 1363; or
an offense under this chapter, section 175, 175b, 229, or 831, or section 236 of the Atomic Energy Act of 1954; or
a Federal offense that is an attempt or conspiracy to commit an offense described in paragraph (1).
.
Technical and conforming amendment
The table of sections for chapter 113B of title 18, United States Code, as amended by this Act, is further amended by adding at the end the following:
2339G. Terrorist offenses resulting in death.
.
Death penalties
Mass destruction
Section 832 of title 18, United States Code, is amended—
in subsection
(a), by striking not more than 20 years.
and inserting
any term of years not less than 15 or for life.
; and
in subsection
(c), by striking or for life.
and inserting not less than
15 or for life and, if the death of any person results, shall be punished by
death or imprisonment for life.
Missile systems designed to destroy aircraft
Section 2332g(c)(3) of title 18,
United States Code, is amended by inserting death or
before
imprisonment for life
.
Nuclear material
Section 222b. of the Atomic Energy Act of 1954 (42
U.S.C. 2272) is amended by inserting death or
before
imprisonment for life
the last place it appears.
Radiological dispersal devices
Section 2332h(c)(3) of title 18, United States
Code, is amended by inserting death or
before
imprisonment for life
.
Variola viruses
Section 175c(c)(3) of title 18, United States Code, is
amended by inserting death or
before imprisonment for
life
.
Investigation of terrorist crimes
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
:
Subsections (c), (e), and (f) of section 106 (50 U.S.C. 1806).
Subsections (d), (f), and (g) of section 305 (50 U.S.C. 1825).
Subsections (c), (e), and (f) of section 405 (50 U.S.C. 1845).
Multidistrict search warrants in terrorism investigations
Rule 41(b)(3) of the Federal Rules of Criminal Procedure is amended to read as follows:
a magistrate judge—in an investigation of—
a Federal crime of terrorism (as defined in section 2332b(g)(g) of title 18, United States Code); or
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.
.
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
.