[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3147 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3147

To provide additional tools and tough penalties to fight terrorism and 
                  protect America's national security.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2007

  Mrs. Wilson of New Mexico introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide additional tools and tough penalties to fight terrorism and 
                  protect America's national security.

    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 ``Counter-Terrorism and National 
Security Act of 2007''.

SEC. 2. PROVIDING MATERIAL SUPPORT TO FACILITATE, REWARD, OR ENCOURAGE 
              ACTS OF TERRORISM.

    (a) In General.--Chapter 113B of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2339E. Providing material support to facilitate, reward, or 
              encourage acts of terrorism
    ``(a) Prohibition.--Whoever, in a circumstance provided in 
subsection (b) provides, or attempts or conspires or agrees to provide, 
material support or resources to the perpetrator of an act of 
international terrorism, to a family member of such perpetrator, or to 
any other person, with the intent to facilitate, reward, or encourage 
that act or other acts of international terrorism, shall be fined under 
this title or imprisoned not more than 15 years, or both, and, if death 
results, shall be imprisoned for any term of years or for life.
    ``(b) Jurisdictional Bases.--A circumstance referred to in 
subsection (a) 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).
    ``(c) Definitions.--For purposes of this section:
            ``(1) the term `material support or resources' has the same 
        meaning as in section 2339A(b) of this title;
            ``(2) the term `the perpetrator of an act' includes--
                    ``(A) any person who commits the act;
                    ``(B) any person who aids, abets, counsels, 
                commands, induces, or procures its commission; and
                    ``(C) any person who attempts, plans, or conspires 
                to commit the act;
            ``(3) the term `international terrorism' has the same 
        meaning as in section 2331 of this title;
            ``(4) the term `facility of interstate or foreign commerce' 
        has the same meaning as in section 1958(b)(2) of this title;
            ``(5) the term `serious bodily injury' has the same meaning 
        as in section 1365 of this title; and
            ``(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) Chapter Analysis.--The chapter analysis 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 facilitate, reward, or encourage 
                            acts of terrorism.''.
    (c) Definitions.--Section 2332b(g)(5)(B)(i) of title 18, United 
States Code is amended by striking all following ``2339C'' and 
inserting the following: ``(relating to financing of terrorism), 2339E 
(relating to providing material support to facilitate, reward, or 
encourage acts of terrorism), or 2340A (relating to torture) of this 
title;''.

SEC. 3. PROHIBITING ATTEMPTS AND CONSPIRACIES TO OBTAIN MILITARY-TYPE 
              TRAINING FROM A FOREIGN TERRORIST ORGANIZATION.

    Section 2339D(a) of title 18, United States Code, is amended by 
inserting ``, or attempts or conspires to do so,'' after ``foreign 
terrorist organization''.

SEC. 4. KIDNAPPING AND RAPE OVERSEAS.

    Section 2332 of title 18, United States Code, is amended by--
            (1) redesignating the subsections (c) and (d) as 
        subsections (d) and (e), respectively;
            (2) inserting the following new subsection (c):
    ``(c) 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, punished by imprisonment for any term of years or for 
life, or both, and if the death of any person results, shall be fined 
under this title, punished by death or imprisonment for any term of 
years or for life, or both.''; and
            (3) in subsection (d) (as redesignated), by--
                    (A) inserting ``(as defined in section 1365 of this 
                title, 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 of this title)'' after ``injury'' 
                in paragraphs (1) and (2); and
                    (B) striking ``ten'' and inserting ``25''.

SEC. 5. HOSTAGE TAKING.

    Section 1203 of title 18, United States Code, is amended to read as 
follows:
``Sec. 1203. Hostage taking
    ``(a) Whoever, whether inside or outside the United States, seizes 
or detains and threatens to kill, to injure, or to continue to detain 
without lawful authority--
            ``(1) any officer or employee of the United States or of 
        any agency in any branch of the United States Government 
        (including any member of the uniformed services) while such 
        officer or employee is engaged in or on account of the 
        performance of official duties, or any person assisting such an 
        officer or employee in the performance of such duties or on 
        account of that assistance, or whoever attempts or conspires to 
        do so; or
            ``(2) except as provided in subsection (b) of this section, 
        another person in order to compel a third person or a 
        governmental organization to do or abstain from doing any act 
        as an explicit or implicit condition for the release of the 
        person detained, or whoever attempts or conspires to do so,
shall be punished by imprisonment for any term of years or for life 
and, if the death of any person results, shall be punished by death or 
life imprisonment.
    ``(b)(1) It is not an offense under subsection (a)(2) if the 
conduct required for the offense occurred outside the United States 
unless--
            ``(A) the offender or the person seized or detained is a 
        national of the United States;
            ``(B) the offender is found in the United States; or
            ``(C) the governmental organization sought to be compelled 
        is the Government of the United States.
    ``(2) It is not an offense under subsection (a)(2) if the conduct 
required for the offense occurred inside the United States, each 
alleged offender and each person seized or detained are nationals of 
the United States, and each alleged offender is found in the United 
States, unless the governmental organization sought to be compelled is 
the Government of the United States.
    ``(c) As used in this section, the term `national of the United 
States' has the meaning given such term in section 101(a)(22) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.

SEC. 6. INTERFERENCE WITH FLIGHT CREW OR THREAT TO SAFETY OF AIRCRAFT.

    Section 46504 of title 49, United States Code, is amended by--
            (1) amending the heading for such section to read as 
        follows: ``Interference with flight crew or threat to safety of 
        aircraft.''; and
            (2) designating the existing language as subsection (a), 
        and adding at the end the following:
    ``(b) An individual on an aircraft in the special aircraft 
jurisdiction of the United States who knowingly or recklessly takes any 
action that poses a serious threat to the safety of the aircraft or 
other individuals on the aircraft, shall be fined under title 18, 
imprisoned for not more than 10 years, or both.''.

SEC. 7. INCREASED PENALTIES FOR PROVIDING MATERIAL SUPPORT TO 
              TERRORISTS.

    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. 8. DENIAL OF FEDERAL BENEFITS TO CONVICTED TERRORISTS.

    (a) In General.--Chapter 113B of title 18, United States Code, as 
amended by this title, 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.--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) Conforming Amendment.--The table of sections for 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.''.

SEC. 9. IMPROVE INVESTIGATION OF TERRORIST CRIMES.

    (a) 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) international terrorism or domestic terrorism 
                (as those terms are defined in section 2331 of title 
                18, United States Code), or a Federal crime of 
                terrorism (as defined in section 2332b(g)(5) 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.''.
    (b) 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''.

SEC. 10. SOLICITATION TO COMMIT A CRIME OF VIOLENCE OR TERRORISM.

    Section 373 of title 18, United States Code, is amended--
            (1) in subsection (a), by--
                    (A) inserting ``or a Federal crime of terrorism as 
                defined in section 2332b(g)(5),'' after ``in violation 
                of the laws of the United States,''; and
                    (B) inserting ``or persons'' after ``another 
                person'';
            (2) in subsection (c), by--
                    (A) inserting ``or persons'' after ``the person'';
                    (B) striking ``he'' and inserting ``they'' in the 
                phrase ``because he lacked'';
                    (C) striking ``he was'' and inserting ``they were'' 
                in the phrase ``because he was incompetent'';
                    (D) striking ``he is'' and inserting ``they are'' 
                in the phrase ``because he is immune''; and
                    (E) striking ``is'' from ``is not subject to 
                prosecution''; and
            (3) in the title by inserting the words ``or terrorism'' 
        after ``solicitation to commit a crime of violence''.

SEC. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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''.
                                 <all>