[Pages S337-S339]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3928. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 3911 proposed by Mr. Rockefeller (for himself and Mr. 
Bond) to the bill S. 2248, to amend the Foreign Intelligence 
Surveillance Act of 1978, to modernize and streamline the provisions of 
that Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 88, after line 23, insert the following:

     SEC. __. PREVENTION AND DETERRENCE OF TERRORIST SUICIDE 
                   BOMBINGS.

       (a) In General.--
       (1) Offense of rewarding or facilitating international 
     terrorist acts.--
       (A) In general.--Chapter 113B of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 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 for any term of years or for life, or both, 
     and, if death results, shall be imprisoned for any term of 
     years not less than 10 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

[[Page S338]]

     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).''.
       (B) Technical and conforming amendments.--
       (i) 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.''.

       (ii) 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)''.
       (2) Increased penalties for providing material support to 
     terrorists.--
       (A) 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 ``30 years''.
       (B) Providing material support or resources in aid of a 
     terrorist crime.--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 
     ``imprisoned for any term of years or for life, or both, and, 
     if the death of any person results, shall be imprisoned for 
     any term of years not less than 10 or for life.''.
       (C) 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 ``25 years''.
       (D) 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''.
       (b) Terrorist Murders, Kidnappings, and Assaults.--
       (1) Penalties for terrorist murder and manslaughter.--
     Section 2332(a) of title 18, United States Code, is amended--
       (A) in paragraph (1), by striking ``, punished by death'' 
     and all that follows and inserting ``and punished by death or 
     imprisoned for life;''; and
       (B) in paragraph (2), by striking ``ten years'' and 
     inserting ``30 years''.
       (2) Addition of offense of terrorist kidnapping.--Section 
     2332 of title 18, United States Code, is amended--
       (A) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (B) 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 fined under this title 
     and imprisoned for any term of years or for life.''.
       (3) Addition of sexual assault to definition of offense of 
     terrorist assault.--Section 2332(d) of title 18, United 
     States Code, as redesignated by paragraph (2) of this 
     subsection, is amended--
       (A) 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'';
       (B) 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
       (C) 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 30 or for 
     life.''.
       (c) Terrorist Hoaxes Against Families of United States 
     Servicemen.--
       (1) Hoax statute.--Section 1038 of title 18, United States 
     Code, is amended--
       (A) in subsections (a)(1) and (b), by inserting ``or any 
     other offense listed under section 2332b(g)(5)(B) of this 
     title'' after ``title 49,''; and
       (B) in subsection (a)(2)--
       (i) 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'';
       (ii) 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
       (iii) 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''.
       (2) Attacks on united states servicemen.--
       (A) In general.--Chapter 67 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1389. Prohibition on attacks on United States 
       servicemen on account of service

       ``(a) In General.--Whoever knowingly assaults or batters a 
     United States serviceman or an immediate family member of a 
     United States serviceman, or who knowingly destroys or 
     injures the property of such serviceman or immediate family 
     member, on account of the military service of that serviceman 
     or status of that individual as a United States serviceman, 
     or who attempts or conspires to do so, shall--
       ``(1) in the case of a simple assault, or destruction or 
     injury to property in which the damage or attempted damage to 
     such property is not more than $500, be fined under this 
     title in an amount not less than $500 nor more than $10,000 
     and imprisoned not more than 2 years;
       ``(2) in the case of destruction or injury to property in 
     which the damage or attempted damage to such property is more 
     than $500, be fined under this title in an amount not less 
     than $1000 nor more than $100,000 and imprisoned not less 
     than 90 days nor more than 10 years; and
       ``(3) in the case of a battery, or an assault resulting in 
     bodily injury, be fined under this title in an amount not 
     less than $2500 and imprisoned not less than 2 years nor more 
     than 30 years.
       ``(b) Exception.--This section shall not apply to conduct 
     by a person who is subject to the Uniform Code of Military 
     Justice.
       ``(c) Definitions.--In this section--
       ``(1) the term `Armed Forces' has the meaning given that 
     term in section 1388;
       ``(2) the term `immediate family member' has the meaning 
     given that term in section 115; and
       ``(3) the term `United States serviceman'--
       ``(A) means a member of the Armed Forces; and
       ``(B) includes a former member of the Armed Forces during 
     the 5-year period beginning on the date of the discharge from 
     the Armed Forces of that member of the Armed Forces.''.
       (B) Technical and conforming amendment.--The table of 
     sections for chapter 67 of title 18, United States Code, is 
     amended by adding at the end the following:

``1389. Prohibition on attacks on United States servicemen on account 
              of service.''.

       (3) Threatening communications.--
       (A) Mailed within the united states.--Section 876 of title 
     18, United States Code, is amended by adding at the end the 
     following:
       ``(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.''.
       (B) Mailed to a foreign country.--Section 877 of title 18, 
     United States Code, is amended by adding at the end the 
     following:
       ``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.''.
       (d) Denial of Federal Benefits to Convicted Terrorists.--
       (1) In general.--Chapter 113B of title 18, United States 
     Code, as amended by this section, is 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 amended by adding at the end the 
     following:

``Sec. 2339F. Denial of Federal benefits to terrorists.''.

       (e) Investigation of Terrorist Crimes.--
       (1) Nondisclosure of fisa investigations.--The following 
     provisions of the Foreign Intelligence Surveillance Act of 
     1978 are each amended by inserting ``(other than in

[[Page S339]]

     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'':
       (A) Subsections (c), (e), and (f) of section 106 (50 U.S.C. 
     1806).
       (B) Subsections (d), (f), and (g) of section 305 (50 U.S.C. 
     1825).
       (C) Subsections (c), (e), and (f) of section 405 (50 U.S.C. 
     1845).
       (2) 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.''.
       (3) 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''.
       (f) Improvements to the Classified Information Procedures 
     Act.--
       (1) 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.''.
       (2) Ex parte authorizations under the classified 
     information procedures act.--Section 4 of the Classified 
     Information Procedures Act (18 U.S.C. App.) is amended--
       (A) in the second sentence--
       (i) by striking ``may'' and inserting ``shall''; and
       (ii) by striking ``written statement to be inspected'' and 
     inserting ``statement to be made ex parte and to be 
     considered''; and
       (B) in the third sentence--
       (i) by striking ``If the court enters an order granting 
     relief following such an ex parte showing, the'' and 
     inserting ``The''; and
       (ii) 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''.
       (3) Application of classified information procedures act to 
     nondocumentary information.--Section 4 of the Classified 
     Information Procedures Act (18 U.S.C. App.) is amended--
       (A) in the section heading, by inserting ``, and access 
     to,'' after ``of'';
       (B) by inserting ``(a) Discovery of Classified Information 
     From Documents.--'' before the first sentence; and
       (C) 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.''.
                                 ______