II 

109TH CONGRESS 

2D SESSION S. 3848 

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 6, 2006 

Mr. KYL (for himself, Mr. DEWINE, and Mr. CORNYN) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To amend title 18, United States Code, to support the war 

on terrorism, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Terrorism Prevention 

5 Act of 2006’’. 

6 SEC. 2. PROVIDING MATERIAL SUPPORT TO TERRORIST 

7 GROUPS. 

8 (a) OFFENSE OF REWARDING OR FACILITATING

9 INTERNATIONAL TERRORIST ACTS.— 


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1 (1) IN GENERAL.—Chapter 113B of title 18, 

2 United States Code, is amended by adding at the 

3 end the following section: 

4 ‘‘§ 2339E. Providing material support to international 

5 terrorism 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) The term ‘material support or resources’ 

8 has the same meaning as in section 2339A(b). 

9 ‘‘(2) The term ‘the perpetrator of an act’ in10 cludes any person who— 

11 ‘‘(A) commits the act; 

12 ‘‘(B) aids, abets, counsels, commands, in13 duces, or procures its commission; or 

14 ‘‘(C) attempts, plots, or conspires to com15 mit the act. 

16 ‘‘(3) The term ‘international terrorism’ has the 

17 same meaning as in section 2331. 

18 ‘‘(4) The term ‘facility of interstate or foreign 

19 commerce’ has the same meaning as in section 

20 1958(b)(2). 

21 ‘‘(5) The term ‘serious bodily injury’ has the 

22 same meaning as in section 1365. 

23 ‘‘(6) The term ‘national of the United States’ 

24 has the same meaning as in section 101(a)(22) of 


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1 the Immigration and Nationality Act (8 U.S.C. 

2 1101(a)(22)). 

3 ‘‘(b) PROHIBITION.—Whoever, in a circumstance pro4 vided in subsection (c), provides material support or re5 sources to the perpetrator of an act of international ter6 rorism, or to a family member or other person associated 

7 with such perpetrator, with the intent to facilitate, reward, 

8 or encourage that act or other acts of international ter9 rorism, shall be fined under this title and imprisoned for 

10 any term of years not less than 10 or for life, and, if death 

11 results, shall be imprisoned for any term of years not less 

12 than 30 or for life. 

13 ‘‘(c) JURISDICTIONAL BASES.—A circumstance re14 ferred to in subsection (b) is— 

15 ‘‘(1) the offense occurs in or affects interstate 

16 or foreign commerce; 

17 ‘‘(2) the offense involves the use of the mails or 

18 a facility of interstate or foreign commerce; 

19 ‘‘(3) an offender intends to facilitate, reward, or 

20 encourage an act of international terrorism that af21 fects interstate or foreign commerce or would have 

22 affected interstate or foreign commerce had it been 

23 consummated; 


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1 ‘‘(4) an offender intends to facilitate, reward, or 

2 encourage an act of international terrorism that vio3 lates the criminal laws of the United States; 

4 ‘‘(5) an offender intends to facilitate, reward, or 

5 encourage an act of international terrorism that is 

6 designed to influence the policy or affect the conduct 

7 of the United States Government; 

8 ‘‘(6) an offender intends to facilitate, reward, or 

9 encourage an act of international terrorism that oc10 curs in part within the United States and is de11 signed to influence the policy or affect the conduct 

12 of a foreign government; 

13 ‘‘(7) an offender intends to facilitate, reward, or 

14 encourage an act of international terrorism that 

15 causes or is designed to cause death or serious bod16 ily injury to a national of the United States while 

17 that national is outside the United States, or sub18 stantial damage to the property of a legal entity or19 ganized under the laws of the United States (includ20 ing any of its States, districts, commonwealths, ter21 ritories, or possessions) while that property is out22 side of the United States; 

23 ‘‘(8) the offense occurs in whole or in part with24 in the United States, and an offender intends to fa25 cilitate, reward or encourage an act of international 


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1 terrorism that is designed to influence the policy or 

2 affect the conduct of a foreign government; or 

3 ‘‘(9) the offense occurs in whole or in part out4 side of the United States, and an offender is a na5 tional of the United States, a stateless person whose 

6 habitual residence is in the United States, or a legal 

7 entity organized under the laws of the United States 

8 (including any of its States, districts, common9 wealths, territories, or possessions).’’. 

10 (2) TECHNICAL AND CONFORMING AMEND11 MENTS.— 

12 (A) TABLE OF SECTIONS.—The table of 

13 sections for chapter 113B of title 18, United 

14 States Code, is amended by adding at the end 

15 the following: 

‘‘2339D. Receiving military-type training from a foreign terrorist organization. 

‘‘2339E. Providing material support to international terrorism.’’. 

16 (B) OTHER AMENDMENT.—Section 

17 2332b(g)(5)(B)(i) of title 18, United States 

18 Code, is amended by striking all after ‘‘2339C’’ 

19 and inserting ‘‘(relating to financing of ter20 rorism), 2339E (relating to providing material 

21 support to international terrorism), or 2340A 

22 (relating to torture);’’. 

23 (b) INCREASED PENALTIES FOR PROVIDING MATE24 RIAL SUPPORT TO TERRORISTS.— 


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1 (1) PROVIDING MATERIAL SUPPORT.—Section 

2 2339A(a) of title 18, United States Code, is amend3 ed by striking ‘‘, imprisoned not more than 15 

4 years,’’ and all that follows through ‘‘life.’’ and in5 serting ‘‘and imprisoned for any term of years not 

6 less than 10 or for life, and, if the death of any per7 son results, shall be imprisoned for any term of 

8 years not less than 25 or for life.’’. 

9 (2) PROVIDING MATERIAL SUPPORT OR RE10 SOURCES TO DESIGNATED FOREIGN TERRORIST OR11 GANIZATIONS.—Section 2339B(a) of title 18, United 

12 States Code, is amended by striking ‘‘or imprisoned 

13 not more than 15 years,’’ and all that follows 

14 through ‘‘life.’’ and inserting ‘‘and imprisoned for 

15 not less than 5 years and not more than 25 years, 

16 and, if the death of any person results, shall be im17 prisoned for any term of years not less than 20 or 

18 for life.’’. 

19 (3) RECEIVING MILITARY-TYPE TRAINING FROM

20 A FOREIGN TERRORIST ORGANIZATION.—Section 

21 2339D of title 18, United States Code, is amended 

22 by striking ‘‘or imprisoned for ten years, or both.’’ 

23 and inserting ‘‘and imprisoned for not less than 3 

24 years and not more than 15 years.’’. 


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1 (c) EXCEPTIONS TO PROHIBITION.—Section 

2 2339A(b)(1) of title 18, United States Code, is amended 

3 by striking ‘‘, except medicine or religious materials’’. 

4 (d) ADDITION OF ATTEMPTS AND CONSPIRACIES TO

5 AN OFFENSE RELATING TO MILITARY TRAINING.—Sec6 tion 2339D of title 18, United States Code, is amended 

7 by inserting ‘‘, or attempts or conspires to receive,’’ after 

8 ‘‘receives’’. 

9 (e) DENIAL OF FEDERAL BENEFITS TO CONVICTED

10 TERRORISTS.— 

11 (1) IN GENERAL.—Chapter 113B of title 18, 

12 United States Code, as amended by this section, is 

13 further amended by adding at the end the following: 

14 ‘‘§ 2339F. Denial of Federal benefits to terrorists 

15 ‘‘(a) IN GENERAL.—Any individual who is convicted 

16 of a Federal crime of terrorism (as defined in section 

17 2332b(g)) shall, as provided by the court on motion of 

18 the Government, be ineligible for any or all Federal bene19 fits for any term of years or for life. 

20 ‘‘(b) FEDERAL BENEFIT DEFINED.—In this section, 

21 ‘Federal benefit’ has the meaning given that term in sec22 tion 421(d) of the Controlled Substances Act (21 U.S.C. 

23 862(d)).’’. 

24 (2) TECHNICAL AND CONFORMING AMEND25 MENT.—The table of sections for chapter 113B of 


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1 title 18, United States Code, as amended by this 

2 section, is further amended by adding at the end the 

3 following: 

‘‘2339F. Denial of Federal benefits to terrorists.’’. 

4 SEC. 3. IMPROVEMENTS TO THE CLASSIFIED INFORMATION 

5 PROCEDURES ACT. 

6 (a) SHORT TITLE.—This section may be cited as the 

7 ‘‘Classified Information Procedures Reform Act of 2006’’. 

8 (b) INTERLOCUTORY APPEALS UNDER THE CLASSI9 FIED INFORMATION PROCEDURES ACT.—Section 7(a) of 

10 the Classified Information Procedures Act (18 U.S.C. 

11 App.) is amended by adding at the end ‘‘The Govern12 ment’s right to appeal under this section applies without 

13 regard to whether the order appealed from was entered 

14 under this Act.’’. 

15 (c) EX PARTE AUTHORIZATIONS UNDER THE CLAS16 SIFIED INFORMATION PROCEDURES ACT.—Section 4 of 

17 the Classified Information Procedures Act (18 U.S.C. 

18 App.) is amended— 

19 (1) in the second sentence— 

20 (A) by striking ‘‘may’’ and inserting 

21 ‘‘shall’’; and 

22 (B) by striking ‘‘written statement to be 

23 inspected’’ and inserting ‘‘statement to be made 

24 ex parte and to be considered’’; and 

25 (2) in the third sentence— 


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1 (A) by striking ‘‘If the court enters an 

2 order granting relief following such an ex parte 

3 showing, the’’ and inserting ‘‘The’’; and 

4 (B) by inserting ‘‘, as well as any summary 

5 of the classified information the defendant 

6 seeks to obtain,’’ after ‘‘text of the statement of 

7 the United States’’. 

8 (d) APPLICATION OF CLASSIFIED INFORMATION

9 PROCEDURES ACT TO NON-DOCUMENTARY INFORMA10 TION.—Section 4 of the Classified Information Procedures 

11 Act (18 U.S.C. App.) is amended— 

12 (1) in the section heading, by inserting ‘‘, AND

13 ACCESS TO,’’ after ‘‘OF’’; 

14 (2) by inserting ‘‘(a) DISCOVERY OF CLASSI15 FIED INFORMATION FROM DOCUMENTS.—’’ before 

16 the first sentence; and 

17 (3) by adding at the end the following: 

18 ‘‘(b) ACCESS TO OTHER CLASSIFIED INFORMA19 TION.— 

20 ‘‘(1) If the defendant seeks access through dep21 osition under the Federal Rules of Criminal Proce22 dure or otherwise to non-documentary information 

23 from a potential witness or other person which he 

24 knows or reasonably believes is classified, he shall 

25 notify the attorney for the United States and the 


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1 district court in writing. Such notice shall specify 

2 with particularity the classified information sought 

3 by the defendant and the legal basis for such access. 

4 At a time set by the court, the United States may 

5 oppose access to the classified information. 

6 ‘‘(2) If, after consideration of any objection 

7 raised by the United States, including any objection 

8 asserted on the basis of privilege, the court deter9 mines that the defendant is legally entitled to have 

10 access to the information specified in the notice re11 quired by paragraph (1), the United States may re12 quest the substitution of a summary of the classified 

13 information or the substitution of a statement ad14 mitting relevant facts that the classified information 

15 would tend to prove. 

16 ‘‘(3) The court shall permit the United States 

17 to make its objection to access or its request for 

18 such substitution in the form of a statement to be 

19 made ex parte and to be considered by the court 

20 alone. The entire text of the statement of the United 

21 States, as well as any summary of the classified in22 formation the defendant seeks to obtain, shall be 

23 sealed and preserved in the records of the court and 

24 made available to the appellate court in the event of 

25 an appeal. 


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1 ‘‘(4) The court shall grant the request of the 

2 United States to substitute a summary of the classi3 fied information or to substitute a statement admit4 ting relevant facts that the classified information 

5 would tend to prove if it finds that the summary or 

6 statement will provide the defendant with substan7 tially the same ability to make his defense as would 

8 disclosure of the specific classified information. 

9 ‘‘(5) A defendant may not obtain access to clas10 sified information subject to this subsection except 

11 as provided in this subsection. Any proceeding, 

12 whether by deposition under the Federal Rules of 

13 Criminal Procedure or otherwise, in which a defend14 ant seeks to obtain access to such classified informa15 tion not previously authorized by a court for disclo16 sure under this subsection must be discontinued or 

17 may proceed only as to lines of inquiry not involving 

18 such classified information.’’. 

19 SEC. 4. IMPROVEMENTS TO THE TERRORIST HOAX STAT20 UTE. 

21 (a) HOAX STATUTE.—Section 1038 of title 18, 

22 United States Code, is amended— 

23 (1) in subsections (a)(1) and (b), by striking ‘‘a 

24 violation’’ and all that follows through ‘‘title 49’’ 


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1 and inserting ‘‘an offense listed under section 

2 2332b(g)(5)(B) of this title’’; and 

3 (2) in subsection (a)(2)— 

4 (A) in subparagraph (A), by striking ‘‘, im5 prisoned not more than 5 years, or both’’ and 

6 inserting ‘‘and imprisoned for not less than 2 

7 years nor more than 10 years’’; 

8 (B) in subparagraph (B), by striking ‘‘, 

9 imprisoned not more than 20 years, or both’’ 

10 and inserting ‘‘and imprisoned for not less than 

11 5 years nor more than 25 years’’; and 

12 (C) in subparagraph (C), by striking ‘‘, im13 prisoned for any term of years or for life, or 

14 both’’ and inserting ‘‘and imprisoned for any 

15 term of years not less than 10 or for life’’. 

16 (b) THREATENING COMMUNICATIONS.— 

17 (1) MAILED WITHIN THE UNITED STATES.— 

18 Section 876 of title 18, United States Code, is 

19 amended by adding at the end thereof the following 

20 new subsection: 

21 ‘‘(e) For purposes of this section, the term ‘addressed 

22 to any other person’ includes an individual (other than the 

23 sender), a corporation or other legal person, and a govern24 ment or agency or component thereof.’’. 


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1 (2) MAILED TO A FOREIGN COUNTRY.—Section 

2 877 of title 18, United States Code, is amended by 

3 adding at the end thereof the following new para4 graph: 

5 ‘‘For purposes of this section, the term ‘addressed to 

6 any person’ includes an individual, a corporation or other 

7 legal person, and a government or agency or component 

8 thereof.’’. 

9 SEC. 5. TERRORIST MURDERS, KIDNAPPINGS, AND AS10 SAULTS. 

11 (a) HOMICIDE.—Section 2332(a) of title 18, United 

12 States Code, is amended— 

13 (1) by inserting ‘‘, or attempts or conspires to 

14 kill,’’ after ‘‘Whoever kills’’; and 

15 (2) in paragraph (1), by striking ‘‘this title’’ 

16 and all that follows and inserting ‘‘this title and 

17 punished by death or imprisonment for any term of 

18 years not less than 30 or for life;’’ 

19 (b) KIDNAPPING.—Section 2332(b) of title 18, 

20 United States Code, is amended to read as follows: 

21 ‘‘(b) KIDNAPPING.—Whoever outside the United 

22 States unlawfully seizes, confines, inveigles, decoys, kid23 naps, abducts, or carries away, or attempts or conspires 

24 to seize, confine, inveigle, decoy, kidnap, abduct or carry 

25 away, a national of the United States, shall be fined under 


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1 this title and punished by imprisonment for any term of 

2 years not less than 20 or for life; and, if the death of any 

3 person results, shall be fined under this title and punished 

4 by death or imprisonment for life.’’. 

5 (c) OTHER CONDUCT.—Section 2332(c) of title 18, 

6 United States Code, is amended— 

7 (1) by inserting ‘‘(as defined in section 1365, 

8 including any conduct that, if the conduct occurred 

9 in the special maritime and territorial jurisdiction of 

10 the United States, would violate section 2241 or 

11 2242)’’ after ‘‘injury’’ in paragraphs (1) and (2); 

12 and 

13 (2) in the matter following paragraph (2), by 

14 striking ‘‘or imprisoned’’ and all that follows and in15 serting ‘‘and imprisoned for any term of years not 

16 less than 10 or for life.’’. 

17 (d) TERRORIST OFFENSES RESULTING IN DEATH.— 

18 (1) IN GENERAL.—Chapter 113B of title 18, 

19 United States Code, as amended by this Act, is fur20 ther amended by adding at the end the following: 

21 ‘‘§ 2339G. Terrorist offenses resulting in death 

22 ‘‘(a) Whoever, in the course of committing a terrorist 

23 offense, engages in conduct that results in the death of 

24 a person, shall be punished by death or imprisoned for 

25 any term of years not less than 20 or for life. 


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1 ‘‘(b) In this section, the term ‘terrorist offense’ 

2 means— 

3 ‘‘(1) a felony offense that is— 

4 ‘‘(A) a Federal crime of terrorism as de5 fined in section 2332b(g), other than an offense 

6 under section 1363; or 

7 ‘‘(B) an offense under this chapter, section 

8 175, 175b, 229, or 831, or section 236 of the 

9 Atomic Energy Act of 1954; or 

10 ‘‘(2) a Federal offense that is an attempt or 

11 conspiracy to commit an offense described in para12 graph (1).’’. 

13 (2) TECHNICAL AND CONFORMING AMEND14 MENT.—The table of sections for chapter 113B of 

15 title 18, United States Code, as amended by this 

16 Act, is further amended by adding at the end the 

17 following: 

‘‘2339G. Terrorist offenses resulting in death.’’. 

18 (e) DEATH PENALTIES.— 

19 (1) MASS DESTRUCTION.—Section 832 of title 

20 18, United States Code, is amended— 

21 (A) in subsection (a), by striking ‘‘not 

22 more than 20 years.’’ and inserting ‘‘any term 

23 of years not less than 15 or for life.’’; and 

24 (B) in subsection (c), by striking ‘‘or for 

25 life.’’ and inserting ‘‘not less than 15 or for life 


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1 and, if the death of any person results, shall be 

2 punished by death or imprisonment for life.’’ 

3 (2) MISSILE SYSTEMS DESIGNED TO DESTROY

4 AIRCRAFT.—Section 2332g(c)(3) of title 18, United 

5 States Code, is amended by inserting ‘‘death or’’ be6 fore ‘‘imprisonment for life’’. 

7 (3) NUCLEAR MATERIAL.—Section 222b. of the 

8 Atomic Energy Act of 1954 (42 U.S.C. 2272) is 

9 amended by inserting ‘‘death or’’ before ‘‘imprison10 ment for life’’ the last place it appears. 

11 (4) RADIOLOGICAL DISPERSAL DEVICES.—Sec12 tion 2332h(c)(3) of title 18, United States Code, is 

13 amended by inserting ‘‘death or’’ before ‘‘imprison14 ment for life’’. 

15 (5) VARIOLA VIRUSES.—Section 175c(c)(3) of 

16 title 18, United States Code, is amended by insert17 ing ‘‘death or’’ before ‘‘imprisonment for life’’. 

18 SEC. 6. INVESTIGATION OF TERRORIST CRIMES. 

19 (a) NONDISCLOSURE OF FISA INVESTIGATIONS.— 

20 The following provisions of the Foreign Intelligence Sur21 veillance Act of 1978 are each amended by inserting 

22 ‘‘(other than in proceedings or other civil matters under 

23 the immigration laws, as that term is defined in section 

24 101(a)(17) of the Immigration and Nationality Act (8 


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1 U.S.C. 1101(a)(17)))’’ after ‘‘authority of the United 

2 States’’: 

3 (1) Subsections (c), (e), and (f) of section 106 

4 (50 U.S.C. 1806). 

5 (2) Subsections (d), (f), and (g) of section 305 

6 (50 U.S.C. 1825). 

7 (3) Subsections (c), (e), and (f) of section 405 

8 (50 U.S.C. 1845). 

9 (b) MULTIDISTRICT SEARCH WARRANTS IN TER10 RORISM INVESTIGATIONS.—Rule 41(b)(3) of the Federal 

11 Rules of Criminal Procedure is amended to read as fol12 lows: 

13 ‘‘(3) a magistrate judge—in an investigation 

14 of— 

15 ‘‘(A) a Federal crime of terrorism (as de16 fined in section 2332b(g)(g) of title 18, United 

17 States Code); or 

18 ‘‘(B) an offense under section 1001 or 

19 1505 of title 18, United States Code, relating 

20 to information or purported information con21 cerning a Federal crime of terrorism (as de22 fined in section 2332b(g)(5) of title 18, United 

23 States Code)—having authority in any district 

24 in which activities related to the Federal crime 

25 of terrorism or offense may have occurred, may 


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1 issue a warrant for a person or property within 

2 or outside that district.’’. 

3 (c) INCREASED PENALTIES FOR OBSTRUCTION OF

4 JUSTICE IN TERRORISM CASES.—Sections 1001(a) and 

5 1505 of title 18, United States Code, are amended by 

6 striking ‘‘8 years’’ and inserting ‘‘10 years’’. 

Æ 


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