Congressional Record: September 6, 2006 (Senate)
Page S9045-S9046



          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. KYL (for himself, Mr. DeWine, and Mr. Cornyn):
  S. 3848. A bill to amend title 18, United States Code, to support the
war

[[Page S9046]]

on terrorism, and for other purposes; to the Committee on the
Judiciary.
  Mr. KYL. Mr. President, I rise today to introduce the Terrorism
Prevention Act of 2006. This Act will enhance and improve the statutes
governing material support for terrorism, protection of classified
information, terrorist hoaxes, and terrorist murders and assaults.
Specifically, the TPA expands the reach of statutes punishing material
support for terrorism, making it a crime to reward the family of a
suicide bomber or other terrorist with the intent to facilitate
terrorism, and increases penalties for existing material support
offenses; clarifies and improves the Classified Information Procedures
Act in light of the lessons learned in the Moussaoui trial; expands the
reach of the terrorist hoax statute, and increases penalties for hoaxes
about the deaths of U.S. soldiers during wartime; increases penalties
for terrorist murders, kidnappings, and assaults committed overseas
against U.S. nationals, and increases penalties for terrorist crimes
resulting in death; and improves the United States's ability to
investigate terrorist crimes by protecting the confidentiality of FISA
investigations, authorizing multi-district search warrants in terrorism
cases, and increasing penalties for obstruction of justice in terrorism
cases.
  I ask unanimous consent that a section by section analysis of the
Terrorism Prevention Act be printed in the Record.
  There being no objection, the text of the analysis was ordered to be
printed in the Record, as follows:

                  The Terrorism Prevention Act of 2006


                      Section by Section Analysis

     SECTION 2. MATERIAL SUPPORT

       Subsection (a) creates a new offense, 18 U.S.C. Sec. 2339E,
     of giving material benefits to the family or associates of
     someone who has committed a terrorist act, if the benefit is
     given with the intent to reward, encourage, or facilitate
     terrorism. Section 2339E applies overseas to the extent that
     the offenses are linked to interstate or foreign commerce,
     are targeted at the United States or its people or property,
     or the offender is a U.S. national or resident. The offense
     is punishable by imprisonment for ten years to life. This new
     offense would punish those individuals who encourage or
     embolden suicide bombers by rewarding their families after
     such bombings occur.
       Subsection (b) increases penalties for existing material
     support offenses as follows: Sec. 2339A, giving material
     support to aid a terrorist act, 10 years to life; Sec. 2339B,
     giving material support to a designated terrorist
     organization, 5 to 25 years; and Sec. 2339D, receiving
     military-type training from a terrorist organization, 3 to 15
     years. The Sec. 2339A and B penalties have not been increased
     since the terrorist attacks of September 11, 2001.
       Subsection (c) eliminates a loophole in current law that
     would allow an individual to give an unlimited amount of
     medical or religious supplies to a designated terrorist
     organization. This loophole, which was recently criticized by
     a judge of the U.S. Court of Appeals, could allow a terrorist
     organization to receive large amounts of supplies that it
     could either resell in exchange for cash or distribute in its
     local area in order to build support and gain recruits.
       Subsection (d) amends Sec. 2339D to bar attempts or
     conspiracies to obtain military-type training from a
     terrorist organization.
       Subsection (e) bars convicted terrorist from receiving
     federal benefits.

     SECTION 3. IMPROVEMENTS TO CIPA

       This section implements a number of lessons learned during
     the use of the Classified Information Procedures Act during
     the trial of suspected 20th hijacker Zacarias Moussaoui.
     Subsection (b) authorizes interlocutory appeals of any order
     for access to classified information. In the Moussaoui case,
     the Fourth Circuit determined that CIPA allows interlocutory
     appeals only of orders entered under CIPA itself, not orders
     entered under other authority. One judge of that Court noted
     that, although compelled by the text of CIPA, this result
     frustrates Congress's intent to allow prompt review of
     disputes over disclosure of classified information.
       Subsection (c) allows requests for CIPA protection to be
     made ex parte. Sometimes a request for protection of
     classified information cannot be made publicly without itself
     compromising classified information. This subsection also
     ensures that requests for CIPA protection shall remain
     sealed, regardless of whether they are accepted or denied,
     and codifies the current practice of allowing such requests
     to be made orally.
       Subsection (d) clarifies that CIPA applies to evidence
     obtained from nondocumentary sources, such as depositions of
     witnesses. In the Moussaoui case, the Fourth Circuit
     determined that CIPA technically only applies to documentary
     information and information that the defense might disclose
     during trial. The Court nevertheless looked to CIPA to
     develop a framework for protecting classified information
     during depositions. This subsection effectively codifies the
     Fourth Circuit's approach by formally applying CIPA to
     nondocumentary sources of evidence, such as depositions.


                      SECTION 4. TERRORIST HOAXES

       This section amends the terrorist hoax statute so that it
     punishes hoaxes relating to terrorist offenses that
     inexplicably were excluded from the current hoax law. For
     example, current law does not punish hoaxes related to the
     taking of hostages in order to coerce the federal government
     (18 U.S.C. 1203), hoaxes related to blowing up an energy
     facility (18 U.S.C. 1366(a)), hoaxes related to terrorist
     attacks on military bases aimed at undermining national
     defense (18 U.S.C. 2156), or hoaxes related to attacks on
     railways and mass-transportation facilities, such as the
     recent London bombings (18 U.S.C. 1992-93). This section adds
     these terrorist crimes to the predicates for the terrorist
     hoax statute.
       This section also increases the penalties for hoaxes about
     the death, injury, or capture of a U.S. soldier during
     wartime. Unfortunately, there have been a number of incidents
     in which individuals have contacted the families of US.
     soldiers serving in Iraq, pretended to represent the military
     or other official organizations, and falsely told the family
     that their son, brother, or other relative had been killed.
     This section would punish such hoaxes with imprisonment for 2
     to 10 years. If the hoax resulted in serious bodily injury,
     it would be punished by 5 to 25 years, and if it resulted in
     death, 10 years to life.
       This section also clarifies that the offense of mailing
     threatening communications applies to threats made against
     organizations as well as individuals.


        SECTION 5. TERRORIST MURDERS, KIDNAPPINGS, AND ASSAULTS

       This section expands 18 U.S.C. Sec. 2332, which punishes
     murder or assault of U.S. nationals overseas for terrorist
     purposes, to also include kidnappings of U.S. nationals
     overseas that are carried out for terrorist purposes, and
     clarifies that sexual assault qualifies as serious bodily
     injury for purposes of the section's assault prohibitions.
     This section also increases penalties for terrorist murders
     and assaults, such that a murder of a U.S. national overseas
     that is carried out for terrorist purposes would be punished
     by imprisonment for at least 30 years, and an assault
     resulting in serious bodily injury would be punished by
     imprisonment for 10 years to life. ``Serious bodily injury''
     is defined by federal statute to mean bodily injury
     accompanied by a substantial risk of death, extreme physical
     pain, protracted and obvious disfigurement, or protracted
     loss or impairment of the function of a bodily member, organ,
     or mental faculty.
       This section also creates a new offense of committing a
     terrorist crime while engaging in conduct that results in
     death. This new offense is punishable by death or
     imprisonment for 20 years up to life. This section also makes
     eligible for capital punishment existing offenses
     resulting in death that involve the use of nuclear
     weapons, anti-aircraft missiles, radiological bombs, and
     variola (smallpox) virus, and increases to 15 years to
     life the penalties for aiding a foreign terrorist
     organization or state sponsor of terrorism's WMD program
     or developing, possessing, using, or threatening to use a
     radiological weapon.


              SECTION 6. INVESTIGATION OF TERRORIST CRIMES

       Subsection (a) limits FISA notification requirements so
     that the government is not required to inform an individual
     seeking an immigration benefit if FISA information was used
     to deny their application. Such notice effectively informs
     such an individual that he or his associates have been the
     target of an intelligence investigation. The United States
     should not be required to compromise an intelligence
     investigation in order to exclude a foreign national with
     ties to terrorism from the United States.
       Subsection (b) authorizes federal judges to authorize
     search warrants that may be used in multiple judicial
     districts for purposes of terrorism investigations. Such
     investigations often require searches to be conducted in
     different parts of the country at the same time.
       Subsection (c) increases the potential penalties for
     obstruction of justice in the course of a terrorism
     investigation by making the maximum penalty ten years'
     imprisonment.
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