[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3848 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3848

To amend title 18, United States Code, to support the war on terrorism, 
                        and for other purposes.


_______________________________________________________________________


                   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.

    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 ``Terrorism Prevention Act of 2006''.

SEC. 2. PROVIDING MATERIAL SUPPORT TO TERRORIST GROUPS.

    (a) Offense of Rewarding or Facilitating International Terrorist 
Acts.--
            (1) In general.--Chapter 113B of title 18, United States 
        Code, is amended by adding at the end the following section:
``Sec. 2339E. Providing material support to international terrorism
    ``(a) Definitions.--In this section:
            ``(1) The term `material support or resources' has the same 
        meaning as in section 2339A(b).
            ``(2) The term `the perpetrator of an act' includes any 
        person who--
                    ``(A) commits the act;
                    ``(B) aids, abets, counsels, commands, induces, or 
                procures its commission; or
                    ``(C) attempts, plots, or conspires to commit the 
                act.
            ``(3) The term `international terrorism' has the same 
        meaning as in section 2331.
            ``(4) The term `facility of interstate or foreign commerce' 
        has the same meaning as in section 1958(b)(2).
            ``(5) The term `serious bodily injury' has the same meaning 
        as in section 1365.
            ``(6) 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)).
    ``(b) 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.
    ``(c) Jurisdictional Bases.--A circumstance referred to in 
subsection (b) is--
            ``(1) the offense occurs in or affects interstate or 
        foreign commerce;
            ``(2) the offense involves the use of the mails or a 
        facility of interstate or foreign commerce;
            ``(3) 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;
            ``(4) an offender intends to facilitate, reward, or 
        encourage an act of international terrorism that violates the 
        criminal laws of the United States;
            ``(5) 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;
            ``(6) 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;
            ``(7) 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;
            ``(8) 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
            ``(9) 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).''.
            (2) Technical and conforming amendments.--
                    (A) 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.''.
                    (B) 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);''.
    (b) Increased Penalties for Providing Material Support to 
Terrorists.--
            (1) 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.''.
            (2) 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.''.
            (3) 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.''.
    (c) Exceptions to Prohibition.--Section 2339A(b)(1) of title 18, 
United States Code, is amended by striking ``, except medicine or 
religious materials''.
    (d) 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''.
    (e) Denial of Federal Benefits to Convicted Terrorists.--
            (1) 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:
``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.--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)).''.
            (2) 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.''.

SEC. 3. IMPROVEMENTS TO THE CLASSIFIED INFORMATION PROCEDURES ACT.

    (a) Short Title.--This section may be cited as the ``Classified 
Information Procedures Reform Act of 2006''.
    (b) 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.''.
    (c) Ex Parte Authorizations Under the Classified Information 
Procedures Act.--Section 4 of the Classified Information Procedures Act 
(18 U.S.C. App.) is amended--
            (1) in the second sentence--
                    (A) by striking ``may'' and inserting ``shall''; 
                and
                    (B) by striking ``written statement to be 
                inspected'' and inserting ``statement to be made ex 
                parte and to be considered''; and
            (2) in the third sentence--
                    (A) by striking ``If the court enters an order 
                granting relief following such an ex parte showing, 
                the'' and inserting ``The''; and
                    (B) 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''.
    (d) 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--
            (1) in the section heading, by inserting ``, and access 
        to,'' after ``of'';
            (2) by inserting ``(a) Discovery of Classified Information 
        From Documents.--'' before the first sentence; and
            (3) by adding at the end the following:
    ``(b) Access to Other Classified Information.--
            ``(1) 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.
            ``(2) 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.
            ``(3) 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.
            ``(4) 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.
            ``(5) 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.''.

SEC. 4. IMPROVEMENTS TO THE TERRORIST HOAX STATUTE.

    (a) Hoax Statute.--Section 1038 of title 18, United States Code, is 
amended--
            (1) 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
            (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) Threatening Communications.--
            (1) 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:
    ``(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 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.''.

SEC. 5. TERRORIST MURDERS, KIDNAPPINGS, AND ASSAULTS.

    (a) Homicide.--Section 2332(a) of title 18, United States Code, is 
amended--
            (1) by inserting ``, or attempts or conspires to kill,'' 
        after ``Whoever kills''; and
            (2) 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;''
    (b) Kidnapping.--Section 2332(b) of title 18, United States Code, 
is amended to read as follows:
    ``(b) 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.''.
    (c) Other Conduct.--Section 2332(c) of title 18, United States 
Code, is amended--
            (1) 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
            (2) 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.''.
    (d) Terrorist Offenses Resulting in Death.--
            (1) 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:
``Sec. 2339G. 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 not less than 20 
or for life.
    ``(b) 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).''.
            (2) 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.''.
    (e) Death Penalties.--
            (1) Mass destruction.--Section 832 of title 18, United 
        States Code, is amended--
                    (A) in subsection (a), by striking ``not more than 
                20 years.'' and inserting ``any term of years not less 
                than 15 or for life.''; and
                    (B) 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.''
            (2) 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''.
            (3) 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.
            (4) Radiological dispersal devices.--Section 2332h(c)(3) of 
        title 18, United States Code, is amended by inserting ``death 
        or'' before ``imprisonment for life''.
            (5) Variola viruses.--Section 175c(c)(3) of title 18, 
        United States Code, is amended by inserting ``death or'' before 
        ``imprisonment for life''.

SEC. 6. INVESTIGATION OF TERRORIST CRIMES.

    (a) 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'':
            (1) Subsections (c), (e), and (f) of section 106 (50 U.S.C. 
        1806).
            (2) Subsections (d), (f), and (g) of section 305 (50 U.S.C. 
        1825).
            (3) Subsections (c), (e), and (f) of section 405 (50 U.S.C. 
        1845).
    (b) Multidistrict Search Warrants in Terrorism Investigations.--
Rule 41(b)(3) of the Federal Rules of Criminal Procedure is amended to 
read as follows:
            ``(3) a magistrate judge--in an investigation of--
                    ``(A) a Federal crime of terrorism (as defined in 
                section 2332b(g)(g) of title 18, United States Code); 
                or
                    ``(B) 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.''.
    (c) 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''.
                                 <all>