Short title

This Act may be cited as the

Counter-Terrorism and National Security Act of 2007

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:

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;.

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.

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.

Hostage taking

Section 1203 of title 18, United States Code, is amended to read as follows:

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)).

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.

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..

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:

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.

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.

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

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:

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.

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.

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.

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.

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.