[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Act of 2004 (18 U.S.C. 2332b note) is repealed.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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