II 

109TH CONGRESS 

1ST SESSION S. 783 

To repeal the sunset on the 2004 material-support enhancements, to increase 

penalties for providing material support to terrorist groups, to bar from 

the United States aliens who have received terrorist training, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 14, 2005 

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

Judiciary 

A BILL

To repeal the sunset on the 2004 material-support enhancements, to increase penalties for providing material support to terrorist groups, to bar from the United States 

aliens who have received terrorist training, 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 ‘‘Material Support to 

5 Terrorism Prohibition Improvements Act of 2005’’. 
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•S 783 IS

1 SEC. 2. REPEAL OF SUNSET ON 2004 MATERIAL-SUPPORT 

2 ENHANCEMENTS. 

3 Section 6603(g) of the Intelligence Reform and Ter4 rorism Prevention Act of 2004 (18 U.S.C. 2332b note) 

5 is repealed. 

6 SEC. 3. BARRING ENTRY TO THE UNITED STATES FOR REP7 RESENTATIVES AND MEMBERS OF TER8 RORIST GROUPS AND ALIENS WHO HAVE RE9 CEIVED MILITARY-TYPE TRAINING FROM 

10 TERRORIST GROUPS. 

11 Section 212(a)(3)(B) of the Immigration and Nation12 ality Act (8 U.S.C. 1182(a)(3)(B)) is amended— 

13 (1) in clause (i)— 

14 (A) in subclause (IV), by amending item 

15 (aa) to read as follows: 

16 ‘‘(aa) a terrorist organization as 

17 defined in clause (vi), or’’. 

18 (B) by striking subclause (V) and inserting 

19 the following: 

20 ‘‘(V) is a member of a terrorist orga21 nization— 

22 ‘‘(aa) described in subclause (I) 

23 or (II) of clause (vi); or 

24 ‘‘(bb) described in clause 

25 (vi)(III), unless the alien can dem26 onstrate by clear and convincing evi-
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•S 783 IS

1 dence that the alien did not know, and 

2 should not reasonably have known, 

3 that the organization was a terrorist 

4 organization,’’. 

5 (C) in subclause (VI), by striking ‘‘or’’ at 

6 the end; 

7 (D) in subclause (VII), by inserting ‘‘or’’ 

8 at the end; and 

9 (E) by inserting after subclause (VII) the 

10 following: 

11 ‘‘(VIII) has received military-type 

12 training (as defined in section 2339D(c)(1) 

13 of title 18, United States Code) from, or 

14 on behalf of, any organization that, at the 

15 time the training was received, was a ter16 rorist organization,’’; and 

17 (2) in clause (vi), by striking ‘‘clause (i)(VI)’’ 

18 and inserting ‘‘subclauses (VI) and (VIII) of clause 

19 (i)’’. 

20 SEC. 4. EXPANDED REMOVAL FROM THE UNITED STATES 

21 OF ALIENS WHO HAVE RECEIVED MILITARY22 TYPE TRAINING FROM TERRORIST GROUPS. 

23 Section 237(a)(4)(E) of the Immigration and Nation24 ality Act (8 U.S.C. 1227(a)(4)(E)) is amended to read as 

25 follows: 
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•S 783 IS

1 ‘‘(E) RECIPIENT OF MILITARY-TYPE

2 TRAINING.—Any alien who has received mili3 tary-type training (as defined in section 

4 2339D(c)(1) of title 18, United States Code) 

5 from or on behalf of any organization that, at 

6 the time the training was received, was a ter7 rorist organization (as defined in section 

8 212(a)(3)(B)(vi)), is deportable.’’. 

9 SEC. 5. BARRING ENTRY TO AND REMOVING TERRORIST 

10 ALIENS FROM THE UNITED STATES BASED 

11 ON PRE-ENACTMENT TERRORIST CONDUCT. 

12 The amendments made by sections 3 and 4 of this 

13 Act shall apply to— 

14 (1) all aliens subject to removal, deportation, or 

15 exclusion at any time; and 

16 (2) acts and conditions constituting a ground 

17 for inadmissibility, excludability, deportation, or re18 moval occurring or existing before, on, or after the 

19 date of enactment of this Act. 

20 SEC. 6. INCREASED PENALTIES FOR PROVIDING MATERIAL 

21 SUPPORT TO TERRORIST GROUPS. 

22 (a) PROVIDING MATERIAL SUPPORT TO TERROR23 ISTS.—Section 2339A(a) of title 18, United States Code, 

24 is amended by striking ‘‘, imprisoned not more than 15 

25 years,’’ and all that follows through ‘‘life.’’ and inserting 
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•S 783 IS

1 ‘‘and imprisoned for not less than 5 years and not more 

2 than 25 years, and, if the death of any person results, 

3 shall be imprisoned for not less than 15 years or for life.’’. 

4 (b) PROVIDING MATERIAL SUPPORT OR RESOURCES

5 TO DESIGNATED FOREIGN TERRORIST ORGANIZA6 TIONS.—Section 2339B(a) of title 18, United States Code, 

7 is amended by striking ‘‘or imprisoned not more than 15 

8 years,’’ and all that follows through ‘‘life.’’ and inserting 

9 ‘‘and imprisoned for not less than 5 years and not more 

10 than 25 years, and, if the death of any person results, 

11 shall be imprisoned for not less than 15 years or for life.’’. 

12 (c) RECEIVING MILITARY-TYPE TRAINING FROM A

13 FOREIGN TERRORIST ORGANIZATION.—Section 2339D of 

14 title 18, United States Code, is amended by striking ‘‘or 

15 imprisoned for ten years, or both.’’ and inserting ‘‘and im16 prisoned for not less than 3 years and not more than 15 

17 years.’’.

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