II 110th CONGRESS 1st Session S. 1320 IN THE SENATE OF THE UNITED STATES May 7, 2007 Mr. Kyl introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit the rewarding of suicide bombings, to prohibit terrorist kidnappings and sexual assaults, and for other purposes.

1.

Short title

This Act may be cited as the Terrorism Prevention and Deterrence Act of 2007.

2.

Prevention and deterrence of terrorist suicide bombings

(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:

2339E.

Providing material support to international terrorism

(a)

Definitions

In this section: (1)The term facility of interstate or foreign commerce has the same meaning as in section 1958(b)(2). (2)The term international terrorism has the same meaning as in section 2331. (3)The term material support or resources has the same meaning as in section 2339A(b). (4)The term 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. (5)The term serious bodily injury has the same meaning as in section 1365. (b)

Prohibition

Whoever, in a circumstance described in subsection (c), provides, or attempts or conspires to provide, 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, imprisoned not more than 25 years, or both, and, if death results, shall be imprisoned for any term of years or for life. (c)

Jurisdictional bases

A circumstance referred to in subsection (b) is that— (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 inserting 2339E (relating to providing material support to international terrorism), before or 2340A (relating to torture). (b)

Increased penalties for providing material support to terrorists

(1)

Providing material support to designated foreign terrorist organizations

Section 2339B(a) of title 18, United States Code, is amended by striking 15 years and inserting 25 years. (2)

Providing material support or resources in aid of a terrorist crime

Section 2339A(a) of title 18, United States Code, is amended by striking 15 years and inserting 40 years. (3)

Receiving Military-Type training from a foreign terrorist organization

Section 2339D(a) of title 18, United States Code, is amended by striking ten years and inserting 15 years. (4)

Addition of attempts and conspiracies to an offense relating to military training

Section 2339D(a) of title 18, United States Code, is amended by inserting , or attempts or conspires to receive, after receives.

3.

Terrorist murders, kidnappings, and assaults

(a)

Penalties for terrorist murder and manslaughter

Section 2332(a) of title 18, United States Code, is amended— (1)in paragraph (1), by striking fined under this title and all that follows and inserting punished as provided under section 1111(b);; and (2)in paragraph (2), by striking fined under this title and all that follows and inserting punished as provided under section 1112(b); and. (b)

Addition of offense of terrorist kidnapping

Section 2332 of title 18, United States Code, is amended— (1)by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2)by inserting after subsection (b) the following: (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 punished as provided under section 1201(a). . (c)

Addition of sexual assault to definition of offense of terrorist assault

Section 2332(d) of title 18, United States Code, as redesignated by subsection (b) of this section, is amended— (1)in paragraph (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; (2)in paragraph (2), 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; and (3)by striking the matter following paragraph (2) and inserting the following: shall be punished as provided under section 2242..