Terrorism Prevention Act of 2006 - Amends the federal criminal code to impose criminal penalties for providing material support or resources to a perpetrator of international terrorism, or to a family member of or other person associated with such perpetrator, with the intent to facilitate, reward, or encourage international terrorism.
Increases criminal penalties for providing material support or resources to terrorists and foreign terrorist organizations and for receiving military-type training from a foreign terrorist organization.
Denies federal benefits to individuals convicted of a federal crime of terrorism.
Classified Information Procedures Reform Act of 2006 - Amends the Classified Information Procedures Act (CIPA) to: (1) allow interlocutory appeals from any order for access to classified information (currently, appeals lie only from orders entered under CIPA); (2) require courts to grant certain ex parte government requests for CIPA protective orders; and (3) restrict access to classified information obtained from nondocumentary sources.
Amends the federal criminal code to: (1) prohibit hoaxes relating to terrorist offenses; (2) increase penalties for hoaxes about the death, injury, or capture of a member of the Armed Forces (U.S.); (3) include threats against a corporation or governmental entity in the crime of mailing threatening communications; (4) modify provisions relating to terrorist murders, kidnappings, and assaults; (5) impose criminal penalties for terrorist offenses resulting in death; (6) authorize the death penalty for certain terrorist crimes; and (7) increase penalties for false statements or obstruction of justice involving international or domestic terrorism.
Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to make certain notification requirements under such Act inapplicable to individuals seeking immigration benefits.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3882 Placed on Calendar Senate (PCS)]
Calendar No. 602
109th CONGRESS
2d Session
S. 3882
To amend title 18, United States Code, to support the war on terrorism,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 8, 2006
Mr. Kyl (for himself, Mr. DeWine, Mr. Cornyn, and Mr. Santorum)
introduced the following bill; which was read the first time
September 11, 2006
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to support the war on terrorism,
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 ``Terrorism Prevention Act of 2006''.
SEC. 2. PROVIDING MATERIAL SUPPORT TO TERRORIST GROUPS.
(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 section:
``Sec. 2339E. Providing material support to international terrorism
``(a) Definitions.--In this section:
``(1) The term `material support or resources' has the same
meaning as in section 2339A(b).
``(2) The term `the 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.
``(3) The term `international terrorism' has the same
meaning as in section 2331.
``(4) The term `facility of interstate or foreign commerce'
has the same meaning as in section 1958(b)(2).
``(5) The term `serious bodily injury' has the same meaning
as in section 1365.
``(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) Prohibition.--Whoever, in a circumstance provided in
subsection (c), provides 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 and imprisoned
for any term of years not less than 10 or for life, and, if death
results, shall be imprisoned for any term of years not less than 30 or
for life.
``(c) Jurisdictional Bases.--A circumstance referred to in
subsection (b) 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).''.
(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 striking
all after ``2339C'' and inserting ``(relating to
financing of terrorism), 2339E (relating to providing
material support to international terrorism), or 2340A
(relating to torture);''.
(b) Increased Penalties for Providing Material Support to
Terrorists.--
(1) Providing material support.--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 any term of years
not less than 10 or for life, and, if the death of any person
results, shall be imprisoned for any term of years not less
than 25 or for life.''.
(2) 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 any term of years not less
than 20 or for life.''.
(3) 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.''.
(c) Exceptions to Prohibition.--Section 2339A(b)(1) of title 18,
United States Code, is amended by striking ``, except medicine or
religious materials''.
(d) Addition of Attempts and Conspiracies to an Offense Relating to
Military Training.--Section 2339D of title 18, United States Code, is
amended by inserting ``, or attempts or conspires to receive,'' after
``receives''.
(e) Denial of Federal Benefits to Convicted Terrorists.--
(1) In general.--Chapter 113B of title 18, United States
Code, as amended by this section, is further 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)).''.
(2) Technical and conforming amendment.--The table of
sections for chapter 113B of title 18, United States Code, as
amended by this section, is further amended by adding at the
end the following:
``2339F. Denial of Federal benefits to terrorists.''.
SEC. 3. IMPROVEMENTS TO THE CLASSIFIED INFORMATION PROCEDURES ACT.
(a) Short Title.--This section may be cited as the ``Classified
Information Procedures Reform Act of 2006''.
(b) Interlocutory Appeals Under the Classified Information
Procedures Act.--Section 7(a) of the Classified Information Procedures
Act (18 U.S.C. App.) is amended by adding at the end ``The Government's
right to appeal under this section applies without regard to whether
the order appealed from was entered under this Act.''.
(c) Ex Parte Authorizations Under the Classified Information
Procedures Act.--Section 4 of the Classified Information Procedures Act
(18 U.S.C. App.) is amended--
(1) in the second sentence--
(A) by striking ``may'' and inserting ``shall'';
and
(B) by striking ``written statement to be
inspected'' and inserting ``statement to be made ex
parte and to be considered''; and
(2) in the third sentence--
(A) by striking ``If the court enters an order
granting relief following such an ex parte showing,
the'' and inserting ``The''; and
(B) by inserting ``, as well as any summary of the
classified information the defendant seeks to obtain,''
after ``text of the statement of the United States''.
(d) Application of Classified Information Procedures Act to Non-
Documentary Information.--Section 4 of the Classified Information
Procedures Act (18 U.S.C. App.) is amended--
(1) in the section heading, by inserting ``, and access
to,'' after ``of'';
(2) by inserting ``(a) Discovery of Classified Information
From Documents.--'' before the first sentence; and
(3) by adding at the end the following:
``(b) Access to Other Classified Information.--
``(1) If the defendant seeks access through deposition
under the Federal Rules of Criminal Procedure or otherwise to
non-documentary information from a potential witness or other
person which he knows or reasonably believes is classified, he
shall notify the attorney for the United States and the
district court in writing. Such notice shall specify with
particularity the classified information sought by the
defendant and the legal basis for such access. At a time set by
the court, the United States may oppose access to the
classified information.
``(2) If, after consideration of any objection raised by
the United States, including any objection asserted on the
basis of privilege, the court determines that the defendant is
legally entitled to have access to the information specified in
the notice required by paragraph (1), the United States may
request the substitution of a summary of the classified
information or the substitution of a statement admitting
relevant facts that the classified information would tend to
prove.
``(3) The court shall permit the United States to make its
objection to access or its request for such substitution in the
form of a statement to be made ex parte and to be considered by
the court alone. The entire text of the statement of the United
States, as well as any summary of the classified information
the defendant seeks to obtain, shall be sealed and preserved in
the records of the court and made available to the appellate
court in the event of an appeal.
``(4) The court shall grant the request of the United
States to substitute a summary of the classified information or
to substitute a statement admitting relevant facts that the
classified information would tend to prove if it finds that the
summary or statement will provide the defendant with
substantially the same ability to make his defense as would
disclosure of the specific classified information.
``(5) A defendant may not obtain access to classified
information subject to this subsection except as provided in
this subsection. Any proceeding, whether by deposition under
the Federal Rules of Criminal Procedure or otherwise, in which
a defendant seeks to obtain access to such classified
information not previously authorized by a court for disclosure
under this subsection must be discontinued or may proceed only
as to lines of inquiry not involving such classified
information.''.
SEC. 4. IMPROVEMENTS TO THE TERRORIST HOAX STATUTE.
(a) Hoax Statute.--Section 1038 of title 18, United States Code, is
amended--
(1) in subsections (a)(1) and (b), by striking ``a
violation'' and all that follows through ``title 49'' and
inserting ``an offense listed under section 2332b(g)(5)(B) of
this title''; and
(2) in subsection (a)(2)--
(A) in subparagraph (A), by striking ``, imprisoned
not more than 5 years, or both'' and inserting ``and
imprisoned for not less than 2 years nor more than 10
years'';
(B) in subparagraph (B), by striking ``, imprisoned
not more than 20 years, or both'' and inserting ``and
imprisoned for not less than 5 years nor more than 25
years''; and
(C) in subparagraph (C), by striking ``, imprisoned
for any term of years or for life, or both'' and
inserting ``and imprisoned for any term of years not
less than 10 or for life''.
(b) Threatening Communications.--
(1) Mailed within the united states.--Section 876 of title
18, United States Code, is amended by adding at the end thereof
the following new subsection:
``(e) For purposes of this section, the term `addressed to any
other person' includes an individual (other than the sender), a
corporation or other legal person, and a government or agency or
component thereof.''.
(2) Mailed to a foreign country.--Section 877 of title 18,
United States Code, is amended by adding at the end thereof the
following new paragraph:
``For purposes of this section, the term `addressed to any person'
includes an individual, a corporation or other legal person, and a
government or agency or component thereof.''.
SEC. 5. TERRORIST MURDERS, KIDNAPPINGS, AND ASSAULTS.
(a) Homicide.--Section 2332(a) of title 18, United States Code, is
amended--
(1) by inserting ``, or attempts or conspires to kill,''
after ``Whoever kills''; and
(2) in paragraph (1), by striking ``this title'' and all
that follows and inserting ``this title and punished by death
or imprisonment for any term of years not less than 30 or for
life;''
(b) Kidnapping.--Section 2332(b) of title 18, United States Code,
is amended to read as follows:
``(b) 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 and punished by imprisonment for any term of years not
less than 20 or for life; and, if the death of any person results,
shall be fined under this title and punished by death or imprisonment
for life.''.
(c) Other Conduct.--Section 2332(c) of title 18, United States
Code, is amended--
(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'' in
paragraphs (1) and (2); and
(2) in the matter following paragraph (2), by striking ``or
imprisoned'' and all that follows and inserting ``and
imprisoned for any term of years not less than 10 or for
life.''.
(d) Terrorist Offenses Resulting in Death.--
(1) In general.--Chapter 113B of title 18, United States
Code, as amended by this Act, is further amended by adding at
the end the following:
``Sec. 2339G. 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 not less than 20
or for life.
``(b) 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).''.
(2) Technical and conforming amendment.--The table of
sections for chapter 113B of title 18, United States Code, as
amended by this Act, is further amended by adding at the end
the following:
``2339G. Terrorist offenses resulting in death.''.
(e) Death Penalties.--
(1) Mass destruction.--Section 832 of title 18, United
States Code, is amended--
(A) in subsection (a), by striking ``not more than
20 years.'' and inserting ``any term of years not less
than 15 or for life.''; and
(B) in subsection (c), by striking ``or for life.''
and inserting ``not less than 15 or for life and, if
the death of any person results, shall be punished by
death or imprisonment for life.''
(2) Missile systems designed to destroy aircraft.--Section
2332g(c)(3) of title 18, United States Code, is amended by
inserting ``death or'' before ``imprisonment for life''.
(3) Nuclear material.--Section 222b. 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.
(4) Radiological dispersal devices.--Section 2332h(c)(3) of
title 18, United States Code, is amended by inserting ``death
or'' before ``imprisonment for life''.
(5) Variola viruses.--Section 175c(c)(3) of title 18,
United States Code, is amended by inserting ``death or'' before
``imprisonment for life''.
SEC. 6. INVESTIGATION OF TERRORIST CRIMES.
(a) Nondisclosure of FISA Investigations.--The following provisions
of the Foreign Intelligence Surveillance Act of 1978 are each amended
by inserting ``(other than in proceedings or other civil matters under
the immigration laws, as that term is defined in section 101(a)(17) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)))'' after
``authority of the United States'':
(1) Subsections (c), (e), and (f) of section 106 (50 U.S.C.
1806).
(2) Subsections (d), (f), and (g) of section 305 (50 U.S.C.
1825).
(3) Subsections (c), (e), and (f) of section 405 (50 U.S.C.
1845).
(b) 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) a Federal crime of terrorism (as defined in
section 2332b(g)(g) 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.''.
(c) 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''.
Calendar No. 602
109th CONGRESS
2d Session
S. 3882
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to support the war on terrorism,
and for other purposes.
_______________________________________________________________________
September 11, 2006
Read the second time and placed on the calendar
Introduced in Senate
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 602.
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