[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5939 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5939

  To amend title 18, United States Code, to improve the criminal law 
             relating to terrorism, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2006

Mr. Daniel E. Lungren of California (for himself, Mr. Coble, Mr. Smith 
  of Texas, and Mr. Forbes) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 18, United States Code, to improve the criminal law 
             relating to terrorism, 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 ``Criminal Terrorism Improvements Act 
of 2006''.

SEC. 2. TERRORIST OFFENSE RESULTING IN DEATH.

    (a) New Offense.--Chapter 113B of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2339E. Terrorist offenses resulting in death
    ``(a) 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 or for life.
    ``(b) As used in this section, the term `terrorist offense' means--
            ``(1) a felony offense that is--
                    ``(A) a Federal crime of terrorism as defined in 
                section 2332b(g), other than an offense under section 
                1363; or
                    ``(B) an offense under this chapter, section 175, 
                175b, 229, or 831, or section 236 of the Atomic Energy 
                Act of 1954; or
            ``(2) a Federal offense that is an attempt or conspiracy to 
        commit an offense described in paragraph (1).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 113B of title 18, United States Code, is amended by adding at 
the end the following new item:

``2339E. Terrorist offenses resulting in death.''.

SEC. 3. DEATH PENALTY FOR CERTAIN TERROR RELATED CRIMES.

    (a) Participation in Nuclear and Weapons of Mass Destruction 
Threats to the United States.--Section 832(c) of title 18, United 
States Code, is amended by inserting ``punished by death if death 
results to any person from the offense, or'' after ``shall be''.
    (b) Missile Systems to Destroy Aircraft.--Section 2332g(c)(3) of 
title 18, United States Code, is amended by inserting ``punished by 
death or'' after ``shall be''.
    (c) Atomic Weapons.--The last sentence of section 222 b. 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.
    (d) Radiological Dispersal Devices.--Section 2332h(c)(3) of title 
18, United States Code, is amended by inserting ``death or'' before 
``imprisonment for life''.
    (e) Variola Virus.--Section 175c(c)(3) of title 18, United States 
Code, is amended by inserting ``death or'' before ``imprisonment for 
life''.

SEC. 4. INCREASE IN CERTAIN PENALTIES.

    (a) Section 2332(b)(1).--Section 2332(b)(1) of title 18, United 
States Code, is amended by striking ``20 years'' and inserting ``30 
years''.
    (b) Section 2332(c).--Section 2332(c) of title 18, United States 
Code, is amended by striking ``ten years'' and inserting ``20 years''.
    (c) Section 2339C(d).--Section 2339C(d) of title 18, United States 
Code, is amended--
            (1) in paragraph (1), by striking ``20 years'' and 
        inserting ``30 years''; and
            (2) in paragraph (2), by striking ``10 years'' and 
        inserting ``20 years''.

SEC. 5. MODERNIZATION OF STATE OF MIND REQUIREMENT FOR SECTION 2339C 
              OFFENSES.

    Section 2339C of title 18, United States Code, is amended by 
striking ``unlawfully and wilfully'' and inserting ``knowingly''.

SEC. 6. 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 10 years or for life, and, 
if the death of any person results, shall be imprisoned for not less 
than 30 years or for life.''.
    (b) 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.''.

SEC. 7. DENIAL OF FEDERAL BENEFITS TO CONVICTED TERRORISTS.

    (a) In General.--Chapter 113B of title 18, United States Code, 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.--As used 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)).''.
    (b) Table of Sections Amendment.--The table of sections of chapter 
113B of title 18, United States Code, is amended by inserting at the 
end the following:

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

SEC. 8. WIRETAP PREDICATE.

    Section 2516(q) of title 18, United States Code, is amended by 
striking ``section 2332'' and all that follows through ``2339C'' and 
inserting ``chapter 113B''.

SEC. 9. 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''.
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