109 HR 5939 IH: Criminal Terrorism Improvements Act of U.S. House of Representatives 2006-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 5939 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.

1.

Short title

This Act may be cited as the Criminal Terrorism Improvements Act of 2006.

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:

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. .

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.

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.

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.

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..

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:

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. .

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.

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.