[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 783 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 783
To repeal the sunset on the 2004 material-support enhancements, to
increase penalties for providing material support to terrorist groups,
to bar from the United States aliens who have received terrorist
training, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 14, 2005
Mr. Kyl (for himself, Mr. Cornyn, and Mr. Coburn) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To repeal the sunset on the 2004 material-support enhancements, to
increase penalties for providing material support to terrorist groups,
to bar from the United States aliens who have received terrorist
training, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Material Support to Terrorism
Prohibition Improvements Act of 2005''.
SEC. 2. REPEAL OF SUNSET ON 2004 MATERIAL-SUPPORT ENHANCEMENTS.
Section 6603(g) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (18 U.S.C. 2332b note) is repealed.
SEC. 3. BARRING ENTRY TO THE UNITED STATES FOR REPRESENTATIVES AND
MEMBERS OF TERRORIST GROUPS AND ALIENS WHO HAVE RECEIVED
MILITARY-TYPE TRAINING FROM TERRORIST GROUPS.
Section 212(a)(3)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)) is amended--
(1) in clause (i)--
(A) in subclause (IV), by amending item (aa) to
read as follows:
``(aa) a terrorist organization as
defined in clause (vi), or''.
(B) by striking subclause (V) and inserting the
following:
``(V) is a member of a terrorist
organization--
``(aa) described in subclause (I)
or (II) of clause (vi); or
``(bb) described in clause
(vi)(III), unless the alien can
demonstrate by clear and convincing
evidence that the alien did not know,
and should not reasonably have known,
that the organization was a terrorist
organization,''.
(C) in subclause (VI), by striking ``or'' at the
end;
(D) in subclause (VII), by inserting ``or'' at the
end; and
(E) by inserting after subclause (VII) the
following:
``(VIII) has received military-type
training (as defined in section 2339D(c)(1) of
title 18, United States Code) from, or on
behalf of, any organization that, at the time
the training was received, was a terrorist
organization,''; and
(2) in clause (vi), by striking ``clause (i)(VI)'' and
inserting ``subclauses (VI) and (VIII) of clause (i)''.
SEC. 4. EXPANDED REMOVAL FROM THE UNITED STATES OF ALIENS WHO HAVE
RECEIVED MILITARY-TYPE TRAINING FROM TERRORIST GROUPS.
Section 237(a)(4)(E) of the Immigration and Nationality Act (8
U.S.C. 1227(a)(4)(E)) is amended to read as follows:
``(E) Recipient of military-type training.--Any
alien who has received military-type training (as
defined in section 2339D(c)(1) of title 18, United
States Code) from or on behalf of any organization
that, at the time the training was received, was a
terrorist organization (as defined in section
212(a)(3)(B)(vi)), is deportable.''.
SEC. 5. BARRING ENTRY TO AND REMOVING TERRORIST ALIENS FROM THE UNITED
STATES BASED ON PRE-ENACTMENT TERRORIST CONDUCT.
The amendments made by sections 3 and 4 of this Act shall apply
to--
(1) all aliens subject to removal, deportation, or
exclusion at any time; and
(2) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal
occurring or existing before, on, or after the date of
enactment of this Act.
SEC. 6. INCREASED PENALTIES FOR PROVIDING MATERIAL SUPPORT TO TERRORIST
GROUPS.
(a) Providing Material Support to Terrorists.--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 not less than 5 years and not more than
25 years, and, if the death of any person results, shall be imprisoned
for not less than 15 years or for life.''.
(b) 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 not less than 15 years
or for life.''.
(c) 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.''.
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