1.This Act may be cited as the
Terrorism Prevention Act of
2006
.
2.Providing
material support to terrorist groups
(a)Offense of
rewarding or facilitating international terrorist acts
(1)Chapter 113B of title 18, United States Code, is amended
by adding at the end the following section:
2339E.Providing
material support to international terrorism
(a)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)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)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)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)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 supportSection 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
organizationsSection 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
organizationSection 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
prohibitionSection 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
trainingSection 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)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
(a)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)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 amendmentThe 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.
.
3.Improvements to
the classified information procedures act
(a)This section may be cited as the Classified
Information Procedures Reform Act of 2006
.
(b)Interlocutory
appeals under the classified information procedures actSection
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
actSection 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
informationSection 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.
.
4.Improvements to
the terrorist hoax statute
(a)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 StatesSection 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 countrySection 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.
.
5.Terrorist
murders, kidnappings, and assaults
(a)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)Section
2332(b) of title 18, United States Code, is amended to read as follows:
(b)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)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)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
(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 amendmentThe 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)
(1)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 aircraftSection 2332g(c)(3) of title 18,
United States Code, is amended by inserting death or
before
imprisonment for life
.
(3)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 devicesSection 2332h(c)(3) of title 18, United States
Code, is amended by inserting death or
before
imprisonment for life
.
(5)Section 175c(c)(3) of title 18, United States Code, is
amended by inserting death or
before imprisonment for
life
.
6.Investigation of
terrorist crimes
(a)Nondisclosure
of FISA investigationsThe
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 investigationsRule 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 casesSections
1001(a) and 1505 of title 18, United States Code, are amended by striking
8 years
and inserting 10 years
.