I
108th CONGRESS
2d Session
H. R. 4942
IN THE HOUSE OF REPRESENTATIVES
July 22, 2004
Mr. Green of Wisconsin introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To prohibit certain forms of material support for terrorism, and for other purposes.
Short title
This Act may be cited as the Material Support to Terrorism Prohibition Enhancement Act of 2004
.
Receiving military-type training from a foreign terrorist organization
Prohibition as to citizens and residents
Chapter 113B of title 18, United States Code, is amended by adding after section 2339C the following new section:
Receiving military-type training from a foreign terrorist organization
Offense
Whoever knowingly receives military-type training from or on behalf of any organization designated at the time of the training by the Secretary of State under section 219(a)(1) of the Immigration and Nationality Act as a foreign terrorist organization shall be fined under this title or imprisoned for ten years, or both. To violate this subsection, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (c)(4)), that the organization has engaged or engages in terrorist activity (as defined in section 212 of the Immigration and Nationality Act), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989).
Extraterritorial jurisdiction
There is extraterritorial Federal jurisdiction over an offense under this section. There is jurisdiction over an offense under subsection (a) if—
an offender is a national of the United States (as defined in 101(a)(22) of the Immigration and Nationality Act) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act);
an offender is a stateless person whose habitual residence is in the United States;
after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States;
the offense occurs in whole or in part within the United States;
the offense occurs in or affects interstate or foreign commerce;
an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a).
Definitions
As used in this section—
the term military-type training
includes training in means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt services to critical infrastructure, or training on the use, storage, production, or assembly of any explosive, firearm or other weapon, including any weapon of mass destruction (as defined in section 2232a(c)(2));
the term serious bodily injury
has the meaning given that term in section 1365(h)(3);
the term critical infrastructure
means systems and assets vital to national defense, national security, economic security, public health or safety including both regional and national infrastructure. Critical infrastructure may be publicly or privately owned; examples of critical infrastructure include gas and oil production, storage, or delivery systems, water supply systems, telecommunications networks, electrical power generation or delivery systems, financing and banking systems, emergency services (including medical, police, fire, and rescue services), and transportation systems and services (including highways, mass transit, airlines, and airports); and
the term foreign terrorist organization
means an organization designated as a terrorist organization under section 219(a)(1) of the Immigration and Nationality Act.
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Inadmissibility of aliens who have received military-type training from terrorist organizations
Section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended—
in subclauses (V) and (VI), by striking or
at the end;
in subclause (VII), by adding or
at the end; and
by inserting after subclause (VII) the following:
has received military-type training (as defined in section 2339D(c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization under section 212(a)(3)(B)(vi);
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Inadmissibility of representatives and members of terrorist organizations
Section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended—
in subclause (IV), by amending item (aa) to read as follows:
a terrorist organization, as defined in clause (vi), or
; and
by amending subclause (V) to read as follows:
is a member of a terrorist organization, as defined in subclause (I) or (II) of clause (vi), or of an organization which the alien knows or should have known is a terrorist organization,
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Deportation of aliens who have received military-type training from terrorist organizations
Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the end the following:
Recipient of military-type training
Any alien who has received military-type training (as defined in section 2339d(c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization, as defined in section 212(a)(3)(b)(vi), is deportable.
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Retroactive application
The amendments made by subsections (b), (c), and (d) shall apply to the receipt of military training occurring before, on, or after the date of the enactment of this Act.
Providing material support to terrorism
Additions to offense of providing material support to terrorists
Section 2339A(a) of title 18, United States Code, is amended—
by designating the first sentence as paragraph (1);
by designating the second sentence as paragraph (3);
by inserting after paragraph (1) as so designated by this subsection the following:
Whoever in a circumstance described in subparagraph (B) provides material support or resources or conceals or disguises the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, an act of international or domestic terrorism (as defined in section 2331), or in preparation for, or in carrying out, the concealment or escape from the commission of any such act, or attempts or conspires to do so, shall be punished as provided under paragraph (1) for an offense under that paragraph.
The circumstances referred to in subparagraph (A) are any of the following:
The offense occurs in or affects interstate or foreign commerce.
The act of terrorism is an act of international or domestic terrorism that violates the criminal law of the United States.
The act of terrorism is an act of domestic terrorism that appears to be intended to influence the policy, or affect the conduct, of the Government of the United States or a foreign government.
An offender, acting within the United States or outside the territorial jurisdiction of the United States, is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act, an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act , or a stateless person whose habitual residence is in the United States, and the act of terrorism is an act of international terrorism that appears to be intended to influence the policy, or affect the conduct, of the Government of the United States or a foreign government.
An offender, acting within the United States, is an alien, and the act of terrorism is an act of international terrorism that appears to be intended to influence the policy, or affect the conduct, of the Government of the United States or a foreign government.
An offender, acting outside the territorial jurisdiction of the United States, is an alien and the act of terrorism is an act of international terrorism that appears to be intended to influence the policy of, or affect the conduct of, the Government of the United States.
An offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under this paragraph or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under this paragraph.
; and
by inserting act or
after underlying
.
Definitions
Section 2339A(b) of title 18, United States Code, is amended—
by striking In this
and inserting (1) In this
;
by inserting any property, tangible or intangible, or service, including
after means
;
by inserting (one or more individuals who may be or include oneself)
after personnel
;
by inserting and
before transportation
;
by striking and other physical assets
; and
by adding at the end the following:
As used in this subsection, the term training
means instruction or teaching designed to impart a specific skill, as opposed to general knowledge, and the term expert advice or assistance
means advice or assistance derived from scientific, technical or other specialized knowledge.
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Addition to offense of providing material support to terrorist organizations
Section 2339B(a)(1) of title 18, United States Code, is amended—
by striking , within the United States or subject to the jurisdiction of the United States,
and inserting in a circumstance described in paragraph (2)
; and
by adding at the end the following: To violate this paragraph, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (g)(6)), that the organization has engaged or engages in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act, or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989.
.
Federal authority
Section 2339B(d) of title 18 is amended—
by inserting (1)
before There
; and
by adding at the end the following:
The circumstances referred to in paragraph (1) are any of the following:
An offender is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act.
An offender is a stateless person whose habitual residence is in the United States.
After the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States.
The offense occurs in whole or in part within the United States.
The offense occurs in or affects interstate or foreign commerce.
An offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a).
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Definition
Paragraph (4) of section 2339B(g) of title 18, United States Code, is amended to read as follows:
the term material support or resources
has the same meaning given that term in section 2339A;
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Additional provisions
Section 2339B of title 18, United States Code, is amended by adding at the end the following:
Provision of personnel
No person may be prosecuted under this section in connection with the term personnel
unless that person has knowingly provided, attempted to provide, or conspired to provide a foreign terrorist organization with one or more individuals (who may be or include himself) to work under that terrorist organization’s direction or control or to organize, manage, supervise, or otherwise direct the operation of that organization. Individuals who act entirely independently of the foreign terrorist organization to advance its goals or objectives shall not be considered to be working under the foreign terrorist organization’s direction and control.
Rule of construction
Nothing in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the First Amendment to the Constitution of the United States.
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Financing of terrorism
Financing terrorism
Section 2339c(c)(2) of title 18, United States Code, is amended—
by striking , resources, or funds
and inserting or resources, or any funds or proceeds of such funds
;
in subparagraph (A), by striking were provided
and inserting are to be provided, or knowing that the support or resources were provided,
; and
in subparagraph (B)—
by striking or any proceeds of such funds
; and
by striking were provided or collected
and inserting are to be provided or collected, or knowing that the funds were provided or collected,
.
Definitions
Section 2339c(e) of title 18, United States Code, is amended—
by striking and
at the end of paragraph (12);
by redesignating paragraph (13) as paragraph (14); and
by inserting after paragraph (12) the following:
the term material support or resources
has the same meaning given that term in section 2339B(g)(4) of this title; and
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