[Congressional Record Volume 149, Number 124 (Wednesday, September 10, 2003)]
[Senate]
[Page S11353]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KYL:
  S. 1606. A bill to strengthen and enhance public safety through 
pretrial detention and postrelease supervision of terrorists, and for 
other purposes; to the Committee on the Judiciary.
  Mr. KYL. Mr. President, I rise today to introduce the ``Pretrial 
Detention and Lifetime Supervision of Terrorists Act of 2003,'' 
legislation that will fill continuing gaps in the laws that our police 
and prosecutors use to protect our Nation from terrorism.
  Under current Federal law, defendants accused of certain crimes--such 
as drug crimes carrying a potential sentence of ten years or more--are 
presumptively denied pretrial release. This provision of current law, 
however, does not apply to terrorists.
  The legislation that I have introduced today would fix this 
oversight, by amending the criminal code to presumptively deny pre-
trial release to persons charged with terrorist activity. The 
presumption would apply to Federal crimes of terrorism, as enumerated 
in the criminal code, if the Attorney General certifies that the 
offense, by its nature and context, appears to be intended to 
intimidate or coerce a civilian population, to influence the policy of 
a government by intimidation or coercion, or to affect the conduct of a 
government by mass destruction, assassination, or kidnapping, or an 
offense involved in or related to domestic or international terrorism.
  Extending the presumption in current law to terrorist offenses is 
justified by the unparalleled magnitude of the threat posed to our 
Nation by acts of terrorism. Terrorists are at least as much of a 
threat as drug dealers--and should also be subject to a presumption of 
pre-trial detention.
  The bill that I have introduced today also would broaden the list of 
offenses that render a convicted terrorist eligible for lifetime 
supervision subsequent to his release from prison. Currently law allows 
lifetime post-release supervision for terrorist offenses only if they 
result in or create a foreseeable risk of death or serious injury. This 
limitation could prevent the imposition of adequate supervision periods 
for persons convicted of non-violent terrorist offenses, such as a 
computer attack on the United States that results in tens of billions 
of dollars of economic damage. It could also limit supervision for 
persons who provide the essential financial or other material support 
for terrorist acts, but who do not themselves directly engage in 
violent terrorist acts.
  The continuing danger posed to our Nation's security by such persons 
may be no less than that posed by the direct perpetrators of terrorist 
violence. The courts should be afforded the same degree of discretion 
in prescribing postrelease supervision for these terrorists as for 
others.
  For this reason, the bill introduced today eliminates the 
foreseeable-risk-of-injury requirement and allows lifetime supervision 
for all offenses in the standard list of crimes likely to be committed 
by terrorists and their supporters. This reform reflects the continuing 
danger posed by convicted terrorists after their completion of a term 
of imprisonment. It recognizes that even those terrorists not directly 
involved in the use of violence may continue to harbor a commitment to 
terrorist goals and methods that will not dissipate within a few years 
of release.
  I look forward to the Senate's consideration of these common-sense 
reforms to our Nation's anti-terror laws.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1606

       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 ``Pretrial Detention and 
     Lifetime Supervision of Terrorists Act of 2003''.

     SEC. 2. PRESUMPTION FOR PRETRIAL DETENTION IN CASES INVOLVING 
                   TERRORISM.

       Section 3142 of title 18, United States Code, is amended--
       (1) in the flush language at the end of subsection (e) by--
       (A) striking ``or'' before ``the Maritime''; and
       (B) striking ``or'' before ``2332b''; and
       (C) inserting before the period at the end the following: 
     ``, or an offense listed in section 2332b(g)(5)(B) of title 
     18 of the United States Code, if the Attorney General 
     certifies that the offense appears by its nature or context 
     to be intended to intimidate or coerce a civilian population, 
     to influence the policy of a government by intimidation or 
     coercion, or to affect the conduct of a government by mass 
     destruction, assassination, or kidnaping, or an offense 
     involved in or related to domestic or international terrorism 
     as defined in section 2331 of title 18 of the United States 
     Code''; and
       (2) in subsections (f)(1)(A) and (g)(1), by inserting after 
     ``violence'' the following: ``or an offense listed in section 
     2332b(g)(5)(B) of title 18 of the United States Code, if the 
     Attorney General certifies that the offense appears by its 
     nature or context to be intended to intimidate or coerce a 
     civilian population, to influence the policy of a government 
     by intimidation or coercion, or to affect the conduct of a 
     government by mass destruction, assassination, or kidnaping, 
     or an offense involved in or related to domestic or 
     international terrorism as defined in section 2331 of title 
     18 of the United States Code''.

     SEC. 3. POSTRELEASE SUPERVISION OF TERRORISTS.

       Section 3583(j) of title 18, United States Code, is amended 
     by striking ``, the commission'' and all that follows through 
     ``person,''.

                          ____________________