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September 11, 2001 : Attack on America
House Report 107-307 : Implementation of Convention on Terrorist Bombings and Suppression of the Financing of Terrorism; November 29, 2001



                            107 th Congress                             

                                 Report                                 

                                                                            

                                                                             

                        HOUSE OF REPRESENTATIVES                        

                               1st Session                              

                                107 307                                 

                                                                        



        IMPLEMENTATION OF CONVENTION ON TERRORIST BOMBINGS AND SUPPRESSION OF  
                          THE FINANCING OF TERRORISM                           


                                                                         

   November 29, 2001.--Committed to the Committee of the Whole House on  
 the State of the Union and ordered to be printed                        
                                                                         

  Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the  
 following                                                               
 R E P O R T                                                             

                              together with                              

                              MINORITY VIEWS                             

                         [To accompany H.R. 3275]                        

       [Including cost estimate of the Congressional Budget Office]      


     The Committee on the Judiciary, to whom was referred the bill (H.R.  
  3275) to implement the International Convention for the Suppression of  
  Terrorist Bombings to strengthen criminal laws relating to attacks on   
  places of public use, to implement the International Convention of the  
  Suppression of the Financing of Terrorism, to combat terrorism and      
  defend the Nation against terrorist acts, and for other purposes, having
  considered the same, reports favorably thereon with an amendment and    
  recommends that the bill as amended do pass.                            


                               CONTENTS                                 
         The Amendment                                                    2
         Purpose and Summary                                              6
         Background and Need for the Legislation                          7
         Hearings                                                         8
         Committee Consideration                                          8
         Vote of the Committee                                            8
         Committee Oversight Findings                                     8
         Performance Goals and Objectives                                 8
         New Budget Authority and Tax Expenditures                        8
         Congressional Budget Office Cost Estimate                        8
         Constitutional Authority Statement                               9
         Section-by-Section Analysis and Discussion                       10
         Changes in Existing Law Made by the Bill, as Reported            14
         Markup Transcript                                                22
         Minority Views                                                   67



    The amendment is as follows:                                          

    Strike all after the enacting clause and insert the following:        


           TITLE I--SUPPRESSION OF TERRORIST BOMBINGS                              

          SEC. 101. SHORT TITLE.                                                  

     This title may be cited as the ``Terrorist Bombings Convention       
  Implementation Act of 2001''.                                           
          SEC. 102. BOMBING STATUTE.                                              

     (a) Offense.--Chapter 113B of title 18, United States Code, relating 
  to terrorism, is amended by inserting after section 2332e the following 
  new section:                                                            
                    ``2332f. Bombings of places of public use, government         
          facilities, public transportation systems and infrastructure facilities 
    ``(a)  Offenses.--                                                    

       ``(1) In general.--Whoever unlawfully delivers, places, discharges, 
   or detonates an explosive or other lethal device in, into, or against a 
   place of public use, a state or government facility, a public           
   transportation system, or an infrastructure facility--                  
     ``(A) with the intent to cause death or serious bodily injury, or     

       ``(B) with the intent to cause extensive destruction of such a      
   place, facility, or system, where such destruction results in or is     
   likely to result in major economic loss, shall be punished as prescribed
   in subsection (c).                                                      
       ``(2) Attempts and conspiracies.--Whoever attempts or conspires to  
   commit an offense under paragraph (1) shall be punished as prescribed in
   subsection (c).                                                         
     ``(b) Jurisdiction.--There is jurisdiction over the offenses in      
  subsection (a) if--                                                     
     ``(1) the offense takes place in the United States and--              

       ``(A) the offense is committed against another state or a government
   facility of such state, including its embassy or other diplomatic or    
   consular premises of that state;                                        
       ``(B) the offense is committed in an attempt to compel another state
   or the United States to do or abstain from doing any act;               
     ``(C) at the time the offense is committed, it is committed--         

     ``(i) on board a vessel flying the flag of another state;             

       ``(ii) on board an aircraft which is registered under the laws of   
   another state; or                                                       
       ``(iii) on board an aircraft which is operated by the government of 
   another state;                                                          
     ``(D) a perpetrator is found outside the United States;               

       ``(E) a perpetrator is a national of another state or a stateless   
   person; or                                                              
     ``(F) a victim is a national of another state or a stateless person;  

     ``(2) the offense takes place outside the United States and--         

       ``(A) a perpetrator is a national of the United States or is a      
   stateless person whose habitual residence is in the United States;      
     ``(B) a victim is a national of the United States;                    

     ``(C) a perpetrator is found in the United States;                    

       ``(D) the offense is committed in an attempt to compel the United   
   States to do or abstain from doing any act;                             
       ``(E) the offense is committed against a state or government        
   facility of the United States, including an embassy or other diplomatic 
   or consular premises of the United States;                              
       ``(F) the offense is committed on board a vessel flying the flag of 
   the United States or an aircraft which is registered under the laws of  
   the United States at the time the offense is committed; or              
       ``(G) the offense is committed on board an aircraft which is        
   operated by the United States.                                          
     ``(c) Penalties.--Whoever violates this section shall be imprisoned  
  for any term of years or for life, and if death results from the        
  violation, shall be punished by death or imprisoned for any term of     
  years or for life.                                                      
    ``(d)  Exemptions to Jurisdiction.--This section does not apply to--  

       ``(1) the activities of armed forces during an armed conflict, as   
   those terms are understood under the law of war, which are governed by  
   that law,                                                               
       ``(2) activities undertaken by military forces of a state in the    
   exercise of their official duties; or                                   
       ``(3) offenses committed within the United States, where the alleged
   offender and the victims are United States citizens and the alleged     
   offender is found in the United States, or where jurisdiction is        
   predicated solely on the nationality of the victims or the alleged      
   offender and the offense has no substantial effect on interstate or     
   foreign commerce.                                                       
    ``(e)  Definitions.--As used in this section, the term--              

       ``(1) `serious bodily injury' has the meaning given that term in    
   section 1365(g)(3) of this title;                                       
       ``(2) `national of the United States' has the meaning given that    
   term in section 101(a)(22) of the Immigration and Nationality Act (8    
   U.S.C. 1101(a)(22));                                                    
       ``(3) `state or government facility' includes any permanent or      
   temporary facility or conveyance that is used or occupied by            
   representatives of a state, members of Government, the legislature or   
   the judiciary or by officials or employees of a state or any other      
   public authority or entity or by employees or officials of an           
   intergovernmental organization in connection with their official duties;
       ``(4) `intergovernmental organization' includes international       
   organization (as defined in section 1116(b)(5) of this title);          
       ``(5) `infrastructure facility' means any publicly or privately     
   owned facility providing or distributing services for the benefit of the
   public, such as water, sewage, energy, fuel, or communications;         
       ``(6) `place of public use' means those parts of any building, land,
   street, waterway, or other location that are accessible or open to      
   members of the public, whether continuously, periodically, or           
   occasionally, and encompasses any commercial, business, cultural,       
   historical, educational, religious, governmental, entertainment,        
   recreational, or similar place that is so accessible or open to the     
   public;                                                                 
       ``(7) `public transportation system' means all facilities,          
   conveyances, and instrumentalities, whether publicly or privately owned,
   that are used in or for publicly available services for the             
   transportation of persons or cargo;                                     
       ``(8) `explosive' has the meaning given in section 844(j) of this   
   title insofar that it is designed, or has the capability, to cause      
   death, serious bodily injury, or substantial material damage;           
       ``(9) `other legal device' means any weapon or device that is       
   designed or has the capability to cause death, serious bodily injury, or
   substantial damage to property through the release, dissemination, or   
   impact of toxic chemicals, biological agents, or toxins (as those terms 
   are defined in section 178 of this title) or radiation or radioactive   
   material;                                                               
       ``(10) `military forces of a state' means the armed forces of a     
   state which are organized, trained, and equipped under its internal law 
   for the primary purpose of national defense or security, and persons    
   acting in support of those armed forces who are under their formal      
   command, control, and responsibility;                                   
       ``(11) `armed conflict' does not include internal disturbances and  
   tensions, such as riots, isolated, and sporadic acts of violence, and   
   other acts of a similar nature; and                                     
       ``(12) `state' has the same meaning as that term has under          
   international law, and includes all political subdivisions thereof.''.  
     (b) Clerical Amendment.--The table of sections at the beginning of   
  chapter 113B of title 18, United States Code, is amended by adding after
  the item relating to section 2332e the following:                       


            ``2332f. Bombings of places of public use, government facilities, 
      public transportation systems and infrastructure facilities.''.         


     (c) Disclaimer.--Nothing contained in this section is intended to    
  affect the applicability of any other Federal or State law which might  
  pertain to the underlying conduct.                                      
          SEC. 103. EFFECTIVE DATE.                                               

     Section 102 of this title shall become effective on the date that the
  International Convention for the Suppression of Terrorist Bombings      
  enters into force for the United States.                                
           TITLE II--SUPPRESSION OF THE FINANCING OF TERRORISM                     

          SEC. 201. SHORT TITLE.                                                  

     This title may be cited as the ``Suppression of the Financing of     
  Terrorism Convention Implementation Act of 2001''.                      
          SEC. 202. TERRORISM FINANCING STATUTE.                                  

     (a) In General.--Chapter 113B of title 18, United States Code,       
  relating to terrorism, is amended by adding at the end thereof the      
  following new section:                                                  
          ``2339C. Prohibitions against the financing of terrorism                

    ``(a)  Offenses.--                                                    

       ``(1) In general.--Whoever, in a circumstance described in          
   subsection (c), by any means, directly or indirectly, unlawfully and    
   willfully provides or collects funds with the intention that such funds 
   be used, or with the knowledge that such funds are to be used, in full  
   or in part, in order to carry out--                                     
       ``(A) an act which constitutes an offense within the scope of a     
   treaty specified in subsection (e)(7), as implemented by the United     
   States, or                                                              
       ``(B) any other act intended to cause death or serious bodily injury
   to a civilian, or to any other person not taking an active part in the  
   hostilities in a situation of armed conflict, when the purpose of such  
   act, by its nature or context, is to intimidate a population, or to     
   compel a government or an international organization to do or to abstain
   from doing any act,                                                     
   shall be punished as prescribed in subsection (d)(1).                   

       ``(2) Attempts and conspiracies.--Whoever attempts or conspires to  
   commit an offense under paragraph (1) shall be punished as prescribed in
   subsection (d)(1).                                                      
       ``(3) Relationship to predicate act.--For an act to constitute an   
   offense set forth in this subsection, it shall not be necessary that the
   funds were actually used to carry out a predicate act.                  
    ``(b)  Concealment.--                                                 

       ``(1) In General.--Whoever, in the United States, or outside the    
   United States and a national of 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),         
   knowingly conceals or disguises the nature, the location, the source, or
   the ownership or control of any material support or resources provided  
   in violation of section 2339B of this chapter, or of any funds provided 
   or collected in violation of subsection (a) or any proceeds of such     
   funds, shall be punished as prescribed in subsection (d)(2).            
       ``(2) Attempts and conspiracies.--Whoever attempts or conspires to  
   commit an offense under paragraph (1) shall be punished as prescribed in
   subsection (d)(2).                                                      
     ``(c) Jurisdiction.--There is jurisdiction over the offenses in      
  subsection (a) in the following circumstances--                         
     ``(1) the offense takes place in the United States and--              

       ``(A) a perpetrator was a national of another state or a stateless  
   person;                                                                 
       ``(B) on board a vessel flying the flag of another state or an      
   aircraft which is registered under the laws of another state at the time
   the offense is committed;                                               
       ``(C) on board an aircraft which is operated by the government of   
   another state;                                                          
     ``(D) a perpetrator is found outside the United States;               

       ``(E) was directed toward or resulted in the carrying out of a      
   predicate act against--                                                 
     ``(i) a national of another state; or                                 

       ``(ii) another state or a government facility of such state,        
   including its embassy or other diplomatic or consular premises of that  
   state;                                                                  
       ``(F) was directed toward or resulted in the carrying out of a      
   predicate act committed in an attempt to compel another state or        
   international organization to do or abstain from doing any act; or      

       ``(G) was directed toward or resulted in the carrying out of a      
   predicate act--                                                         
     ``(i) outside the United States; or                                   

       ``(ii) within the United States, and either the offense or the      
   predicate act was conducted in, or the results thereof affected,        
   interstate or foreign commerce;                                         
     ``(2) the offense takes place outside the United States and--         

       ``(A) a perpetrator is a national of the United States or is a      
   stateless person whose habitual residence is in the United States;      
     ``(B) a perpetrator is found in the United States; or                 

       ``(C) was directed toward or resulted in the carrying out of a      
   predicate act against--                                                 
       ``(i) any property that is owned, leased, or used by the United     
   States or by any department or agency of the United States, including an
   embassy or other diplomatic or consular premises of the United States;  
     ``(ii) any person or property within the United States;               

       ``(iii) any national of the United States or the property of such   
   national; or                                                            
       ``(iv) any property of any legal entity organized under the laws of 
   the United States, including any of its States, districts,              
   commonwealths, territories, or possessions;                             
       ``(3) the offense is committed on board a vessel flying the flag of 
   the United States or an aircraft which is registered under the laws of  
   the United States at the time the offense is committed;                 
       ``(4) the offense is committed on board an aircraft which is        
   operated by the United States; or                                       
       ``(5) the offense was directed toward or resulted in the carrying   
   out of a predicate act committed in an attempt to compel the United     
   States to do or abstain from doing any act.                             
    ``(d)  Penalties.--                                                   

       ``(1) Whoever violates subsection (a) shall be fined under this     
   title, imprisoned for not more than 20 years, or both.                  
       ``(2) Whoever violates subsection (b) shall be fined under this     
   title, imprisoned for not more than 10 years, or both.                  
    ``(e)  Definitions.--As used in this section--                        

       ``(1) the term `funds' means assets of every kind, whether tangible 
   or intangible, movable or immovable, however acquired, and legal        
   documents or instruments in any form, including electronic or digital,  
   evidencing title to, or interest in, such assets, including coin,       
   currency, bank credits, travelers checks, bank checks, money orders,    
   shares, securities, bonds, drafts, and letters of credit;               
       ``(2) the term `government facility' means any permanent or         
   temporary facility or conveyance that is used or occupied by            
   representatives of a state, members of a government, the legislature, or
   the judiciary, or by officials or employees of a state or any other     
   public authority or entity or by employees or officials of an           
   intergovernmental organization in connection with their official duties;
       ``(3) the term `proceeds' means any funds derived from or obtained, 
   directly or indirectly, through the commission of an offense set forth  
   in subsection (a);                                                      
     ``(4) the term `provides' includes giving, donating, and transmitting;

     ``(5) the term `collects' includes raising and receiving;             

       ``(6) the term `predicate act' means any act referred to in         
   subparagraph (A) or (B) of subsection (a)(1);                           
     ``(7) the term `treaty' means--                                       

       ``(A) the Convention for the Suppression of Unlawful Seizure of     
   Aircraft, done at The Hague on December 16, 1970;                       
       ``(B) the Convention for the Suppression of Unlawful Acts against   
   the Safety of Civil Aviation, done at Montreal on September 23, 1971;   
       ``(C) the Convention on the Prevention and Punishment of Crimes     
   against Internationally Protected Persons, including Diplomatic Agents, 
   adopted by the General Assembly of the United Nations on December 14,   
   1973;                                                                   
       ``(D) the International Convention against the Taking of Hostages,  
   adopted by the General Assembly of the United Nations on December 17,   
   1979;                                                                   
       ``(E) the Convention on the Physical Protection of Nuclear Material,
   adopted at Vienna on March 3, 1980;                                     
       ``(F) the Protocol for the Suppression of Unlawful Acts of Violence 
   at Airports Serving International Civil Aviation, supplementary to the  
   Convention for the Suppression of Unlawful Acts against the Safety of   
   Civil Aviation, done at Montreal on February 24, 1988;                  
       ``(G) the Convention for the Suppression of Unlawful Acts against   
   the Safety of Maritime Navigation, done at Rome on March 10, 1988;      
       ``(H) the Protocol for the Suppression of Unlawful Acts against the 
   Safety of Fixed Platforms located on the Continental Shelf, done at Rome
   on March 10, 1988; or                                                   
       ``(I) the International Convention for the Suppression of Terrorist 
   Bombings, adopted by the General Assembly of the United Nations on      
   December 15, 1997;                                                      
       ``(8) the term `intergovernmental organization' includes            
   international organizations;                                            
       ``(9) the term `international organization' has the same meaning as 
   in section 1116(b)(5) of this title;                                    
       ``(10) the term `armed conflict' does not include internal          
   disturbances and tensions, such as riots, isolated and sporadic acts of 
   violence, and other acts of a similar nature;                           
       ``(11) the term `serious bodily injury' has the same meaning as in  
   section 1365(g)(3) of this title;                                       
       ``(12) the term `national of the United States' has the meaning     
   given that term in section 101(a)(22) of the Immigration and Nationality
   Act (8 U.S.C. 1101(a)(22)); and                                         
       ``(13) the term `state' has the same meaning as that term has under 
   international law, and includes all political subdivisions thereof.     
     ``(f) Civil Penalty.--In addition to any other criminal, civil, or   
  administrative liability or penalty, any legal entity located within the
  United States or organized under the laws of the United States,         
  including any of the laws of its States, districts, commonwealths,      
  territories, or possessions, shall be liable to the United States for   
  the sum of at least $10,000, if a person responsible for the management 
  or control of that legal entity has, in that capacity, committed an     
  offense set forth in subsection (a).''.                                 
     (b) Clerical Amendment.--The table of sections at the beginning of   
  chapter 113B of title 18, United States Code, is amended by adding at   
  the end thereof the following:                                          


      ``2339C. Prohibitions against the financing of terrorism.''.            



     (c) Disclaimer.--Nothing contained in this section is intended to    
  affect the scope or applicability of any other Federal or State law.    
          SEC. 203. EFFECTIVE DATE.                                               

     Except for sections 2339C(c)(1)(D) and (2)(B) of title 18, United    
  States Code, which shall become effective on the date that the          
  International Convention for the Suppression of the Financing of        
  Terrorism enters into force for the United States, and for the          
  provisions of section 2339C(e)(7)(I) of title 18, United States Code,   
  which shall become effective on the date that the International         
  Convention for the Suppression of Terrorist Bombing enters into force   
  for the United States, section 202 of this title shall be effective upon
  enactment.                                                              
           TITLE III--ANCILLARY MEASURES                                           

          SEC. 301. ANCILLARY MEASURES.                                           

     (a) Wiretap Predicates.--Section 2516(1)(q) of title 18, United      
  States Code, is amended by--                                            
     (1) inserting ``2332f,'' after ``2332d,''; and                        

     (2) striking ``or 2339B'' and inserting ``2339B, or 2339C''.          

     (b) Federal Crime of Terrorism.--Section 2332b(g)(5)(B) of title 18, 
  United States Code, is amended by--                                     
       (1) inserting ``2332f (relating to bombing of public places and     
   facilities),'' after ``2332b (relating to acts of terrorism transcending
   national boundaries),''; and                                            
       (2) inserting ``2339C (relating to financing of terrorism),'' before
   ``or 2340A (relating to torture)''.                                     
     (c) Providing Material Support to Terrorists Predicate.--Section     
  2339A of title 18, United States Code, is amended by inserting          
  ``2332f,'' before ``or 2340A''.                                         
     (d) Forfeiture of Funds, Proceeds, and Instrumentalities.--Section   
  981(a)(1) of title 18, United States Code, is amended by adding at the  
  end thereof the following new subparagraph:                             
       ``(H) Any property, real or personal, involved in a violation or    
   attempted violation, or which constitutes or is derived from proceeds   
   traceable to a violation, of section 2339C of this title.''.            

                                    PURPOSE AND SUMMARY                           

      H.R. 3275, the implementation legislation for the International      
   Convention for the Suppression of Terrorist Bombings and the            
   International Convention for the Suppression of the Financing of        
   Terrorism amends title 18, United States Code, to allow the United      
   States to be in compliance with the conditions of the Conventions. The  
   International Convention for the Suppression of Terrorist Bombings      
   requires parties to the treaty to criminalize the act of terrorist      
   bombing aimed at public or governmental facilities, or public           
   transportation or infrastructure facilities. The International          
   Convention for the Suppression of Financing of Terrorism requires       
   nations to criminalize the act of collecting or providing funds with the
   intention that they will be used to support acts of international       
   terrorists.                                                             
                          BACKGROUND AND NEED FOR THE LEGISLATION                 

      The International Convention for the Suppression of Terrorist        
   Bombings was conceived by the United States in the wake of the bombing  
   attack of the U.S. military personnel in Saudi Arabia in 1996. This     
   treaty was signed by the United States on January 12, 1998, and was     
   transmitted to the Senate for its advice and consent to ratification on 
   September 8, 1999. In essence, the Convention imposes binding legal     
   obligations upon nations either to submit for prosecution or to         
   extradite any person within their jurisdiction who unlawfully and       
   intentionally delivers, places, discharges, or detonates an explosive or
   other lethal device in, into, or against a place of public use, a State 
   or government facility, a public transportation system, or an           
   infrastructure facility. A nation is subject to these obligations       
   without regard to the place where the alleged act covered by the        
   Convention took place. Twenty-eight nations are currently party to the  
   Convention, which entered into force internationally on May 23, 2001.   
      Title II of the bill is entitled the ``Suppression of the Financing  
   of Terrorism Convention Implementation Act of 2001.'' It would implement
   the International Convention for the Suppression of the Financing of    
   Terrorism, which was signed by the United States on January 10, 2000,   
   and which was transmitted to the Senate for its advice and consent to   
   ratification on October 12, 2000. The Convention imposes binding legal  
   obligations upon nations either to submit for prosecution or to         
   extradite any person within their jurisdiction who unlawfully and       
   wilfully provides or collects funds with the intention that they should 
   be used to carry out various terrorist activities. A nation is subject  
   to these obligations without regard to the place where the alleged act  
   covered by the Convention took place. The Convention is not yet in force
   internationally, but will enter into force on the thirtieth day         
   following the date of the deposit of the twenty-second instrument of    
   ratification, acceptance, approval, or accession with the Secretary     
   General of the United Nations.                                          
      Both the ``terrorist bombings'' and the ``financing terrorism''      
   conventions were the subject of hearings in the Senate Committee on     
   Foreign Relations on October 23, 2001. President Bush sent Congress a   
   legislative proposal to implement these two treaties on October 26, 2001
   (House Document 107 139). These treaties, once they are ratified, will  
   fill an important gap in international law by expanding the legal       
   framework for international cooperation in the investigation,           
   prosecution, and extradition of persons who engage in bombings and      
   financially support terrorist organizations.                            
                                          HEARINGS                                

      On November 14, 2001, the Subcommittee on Crime held a legislative   
   hearing and mark-up on H.R. 3275. Testimony was received from Mr. Sam   
   Witten, Deputy Legal Adviser, U.S. Department of State and Mr. Michael  
   Chertoff, Assistant Attorney General, Criminal Division, U.S. Department
   of Justice.                                                             
                                  COMMITTEE CONSIDERATION                         

      On November 14, 2001, the Subcommittee on Crime met in open session  
   and ordered favorably reported the bill H.R. 3275, by a voice vote, a   
   quorum being present. On November 15, 2001, the Committee met in open   
   session and ordered favorably reported the bill H.R. 3275 with amendment
   by a voice vote, a quorum being present.                                
                                   VOTE OF THE COMMITTEE                          

   No recorded votes were held on H.R. 3275.                               

                                COMMITTEE OVERSIGHT FINDINGS                      

      In compliance with clause 3(c)(1) of rule XIII of the Rules of the   
   House of Representatives, the Committee reports that the findings and   
   recommendations of the Committee, based on oversight activities under   
   clause 2(b)(1) of rule X of the Rules of the House of Representatives,  
   are incorporated in the descriptive portions of this report.            
                              PERFORMANCE GOALS AND OBJECTIVES                    

      H.R. 3275 does not authorize funding. Therefore, clause 3(c) of rule 
   XIII of the Rules of the House of Representatives is inapplicable.      
                         NEW BUDGET AUTHORITY AND TAX EXPENDITURES                

      Clause 3(c)(2) of House rule XIII is inapplicable because this       
   legislation does not provide new budgetary authority or increased tax   
   expenditures.                                                           
                         CONGRESSIONAL BUDGET OFFICE COST ESTIMATE                

      In compliance with clause 3(c)(3) of rule XIII of the Rules of the   
   House of Representatives, the Committee sets forth, with respect to the 
   bill, H.R. 3275, the following estimate and comparison prepared by the  
   Director of the Congressional Budget Office under section 402 of the    
   Congressional Budget Act of 1974:                                       

       U.S. Congress,                                                          

       Congressional Budget Office,                                            

       Washington, DC, November 27, 2001.                                      



          Hon.  F. James Sensenbrenner,  Jr.,  Chairman,                Committee on the Judiciary,

       House of Representatives, Washington, DC.                               

       Dear Mr. Chairman: The Congressional Budget Office has prepared the 
   enclosed cost estimate for H.R. 3275, a bill to implement the           
   International Convention for the Suppression of Terrorist Bombings to   
   strengthen criminal laws relating to attacks on places of public use, to
   implement the International Convention of the Suppression of the        
   Financing of Terrorism, to combat terrorism and defend the nation       
   against terrorist acts, and for other purposes.                         
      If you wish further details on this estimate, we will be pleased to  
   provide them. The CBO staff contact is Lanette J. Walker, who can be    
   reached at 226 2860.                                                    
   Sincerely,                                                              

        Dan L. Crippen,  Director.                                              


  Enclosure                                                               


  cc:                                                                     


   Honorable John Conyers, Jr.                                             

   Ranking Member                                                          

                      H.R. 3275--A bill to implement the International Convention  
           for the Suppression of Terrorist Bombings to strengthen criminal laws   
           relating to attacks on places of public use, to implement the           
           International Convention of the Suppression of the Financing of         
           Terrorism, to combat terrorism and defend the nation against terrorist  
           acts, and for other purposes                                            
      CBO estimates that enacting H.R. 3275 would have no significant      
   impact on the Federal budget. The bill could affect direct spending and 
   receipts, so pay-as-you-go procedures would apply; however, CBO         
   estimates that any such effects would not be significant.               
      H.R. 3275 would implement two international treaties: the            
   International Convention for the Suppression of Terrorist Bombings and  
   the International Convention for the Suppression of the Financing of    
   Terrorism. The bill would establish a sentence of life in prison or     
   death for those who are convicted of participating in bombings in public
   places, government facilities, public transportation systems or         
   infrastructure facilities. In addition, the bill would establish minimum
   prison sentences and criminal fines for those who provide or collect    
   funds with the intent that such funds be used to carry out terrorism.   
      CBO expects that any increase in Federal costs for law enforcement,  
   court proceedings, or prison operations under the bill would not be     
   significant because such cases would likely be pursued under current    
   law. In addition, CBO expects that any changes in direct spending or    
   receipts would be insignificant because of the small number of cases    
   that are likely to be involved.                                         
      Section 4 of the Unfunded Mandates Reform Act excludes from          
   application of that act legislative provisions that would be necessary  
   for the ratification or implementation of international treaty          
   obligations. CBO has determined that the provisions of H.R. 3275 would  
   implement the two treaties mentioned above, and thus, would fall within 
   that exclusion.                                                         
      The CBO staff contact for this estimate is Lanette J. Walker, who can
   be reached at 226 2860. This estimate was approved by Peter H. Fontaine,
   Deputy Assistant Director for Budget Analysis.                          
                             CONSTITUTIONAL AUTHORITY STATEMENT                   

      Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House of 
   Representatives, the Committee finds the authority for this legislation 
   in article I, section 8 of the Constitution.                            
                         SECTION-BY-SECTION ANALYSIS AND DISCUSSION               

               Title I--Suppression of Terrorist Bombings.               

           Section 101. Short Title                                                

      This title may be cited as ``The Terrorist Bombings Convention       
   Implementation Act of 2001''                                            
           Section 102. Bombing Statute                                            

      This section of the bill adds a new section, 18 U.S.C. 2332f, to the 
   Federal terrorism statutes (i.e., Chapter 113B of title 18 of the United
   States Code) entitled ``Bombings of places of public use, government    
   facilities, public transportation systems and infrastructure            
   facilities,'' which makes terrorist acts covered by the Convention a    
   crime. New section 2332f contains 5 subsections (2332f(a)-(e)) which are
   described below.                                                        
      Subsection 2332f(a) makes it a crime to unlawfully deliver, place,   
   discharge or detonate an explosive or other lethal device in, into or   
   against a place of public use, a State or government facility, a public 
   transportation system or an infrastructure facility with intent to cause
   death or serious bodily injury, or with the intent to cause extensive   
   destruction of such a place, facility or system, where such destruction 
   results in or is likely to result in major economic loss. Conspiracy and
   attempts to commit these crimes are also criminalized. This provision   
   implements article 2, paragraphs 1, 2 and 3 of the Convention. It should
   be noted that Section 2339A of title 18, United States Code, which is   
   amended by section 3(d) of the bill, also addresses the provision of    
   material support for such offenses.                                     
      The inclusion of the term ``unlawfully'' in Subsection 2332f(a), and 
   mirrored in article 2 of the Convention defining the offenses, is       
   intended to embody what would be considered under U.S. law as common law
   defenses. For purposes of Subsection 2332f(a), whether a person acts    
   ``unlawfully'' will depend on whether he is acting within the scope of  
   authority recognized under and consistent with existing U.S. law, which 
   reflects international law principles, such as self defense or lawful   
   use of force by police authorities. This language is not to be construed
   as permitting the assertion, as a defense to prosecution under Section  
   2332f, that a person purportedly acted under authority conveyed by any  
   particular foreign government or official. Clearly such a construction, 
   which would exempt State-sponsored terrorism, would be at odds with the 
   purpose of the Convention and this implementing legislation.            
      With respect to the provision regarding the delivery, placing,       
   discharging or detonating of an explosive or lethal device with the     
   intent to cause extensive destruction of the described place, facility  
   or system, it is sufficient if the intent is to significantly damage    
   such a place, facility or system. Further, for the purpose of Subsection
   2332f(a), when determining whether the act resulted in, or was likely to
   result in major economic loss, the physical damage to the targeted      
   facility may be considered, as well as other types of economic loss     
   including, but not limited to, the monetary loss or other adverse       
   effects resulting from the interruption of its activities. The adverse  
   effects on non-targeted entities and individuals, the economy and the   
   government may also be considered in this determination.                
      Subsection 2332f(b) delineates the jurisdictional bases for the      
   covered offenses and includes jurisdiction over perpetrators of offenses
   abroad who are subsequently found within the United States. This        
   provision implements a crucial element of the Convention which requires 
   all State Parties to either extradite or prosecute perpetrators of      
   offenses covered by the Convention (article 8(1)) who are found within  
   the jurisdiction of a State Party. While current Federal or state       
   criminal laws encompass all the activity prohibited by the Convention   
   which occurs within the United States, Subsection (b)(1) ensures Federal
   jurisdiction where there is a unique Federal interest, e.g., a foreign  
   government is the victim of the crime or the offense is committed in an 
   attempt to compel the United States to do or abstain from doing any act.
      Subsection 2332f(c) delineates the penalties for committing the      
   covered crimes, to wit, a term of years or life, and, if death results  
   from the violation, punishment by death or imprisonment for any term of 
   years or life.                                                          
      Subsection 2332f(d) delineates certain exemptions to jurisdiction as 
   set forth in the Convention. The subsection exempts from jurisdiction   
   activities of armed forces during an armed conflict, as those terms are 
   understood under the law of war, which are governed by that law, and    
   activities undertaken by military forces of a State in the exercise of  
   their official duties. It is anticipated that courts, when interpreting 
   and applying Subsection (d), will solicit the views of the Executive    
   Branch on whether the activities at issue were conducted by armed forces
   during armed conflict, as those terms are understood under the law of   
   war, or whether the activities at issue were undertaken by military     
   forces of a State in the exercise of their official duties. See United  
   States v. Shakur , 690 F. Supp. 1291 (S.D.N.Y. 1988).                   
      Subsection 2332f(e) contains definitions of twelve terms that are    
   used in the new law. Six of those definitions (``State or government    
   facility,'' ``infrastructure facility,'' ``place of public use,''       
   ``public transportation system,'' ``other lethal device,'' and          
   ``military forces of a State'') are the same definitions used in the    
   Convention. Four additional definitions (``serious bodily injury,''     
   ``explosive,'' ``national of the United States,'' and                   
   ``intergovernmental organization'') are definitions which already exist 
   in other U.S. statutes. One of those definitions (``armed conflict'') is
   defined consistent with an international instrument relating to the law 
   of war, and a U.S. Understanding to the Convention which is recommended 
   to be made at the time of U.S. ratification. The final term, ``State,'' 
   has the same meaning as that term has under international law.          
      Section 102(b) amends the analysis for chapter 113B of title 18,     
   United States Code, by inserting therein the caption for the new Section
   2332f. Section 102(c) reflects that new Section 2332f supplements       
   existing Federal and state laws and does not affect or supplant any of  
   them.                                                                   
           Section 104. Effective Date                                             

      Section 102 of this title shall become effective on the date that the
   International Convention for the Suppression of Terrorist Bombings      
   enters into force for the United States.                                
           Title II--Suppression of the Financing of Terrorism           

           Section 201. Short Title                                                

      This title may be cited as ``The Suppression of the Financing of     
   Terrorism Convention Implementation Act of 2001.''                      
           Section 202. Terrorism Financing Statute                                

      This section of the bill adds a new section, 18 U.S.C. 2339C, to the 
   Federal terrorism statutes (i.e., Chapter 113B of title 18 of the United
   States Code) entitled ``Prohibitions against the financing of           
   terrorism,'' which makes financial acts covered by the Convention a     
   crime. New Section 2339C contains 6 subsections (2339C(a)-(f)) which are
   described below.                                                        
      Subsection 2339C(a) makes it a crime to directly or indirectly,      
   unlawfully and willfully provide or collect funds with the intention    
   that such funds be used, or with the knowledge that such funds are to be
   used, in full or in part, in order to carry out an act which constitutes
   an offense within the scope of certain terrorism treaties, as           
   implemented by the United States, or any other act intended to cause    
   death or serious bodily injury to a civilian, or to any other person not
   taking an active part in the hostilities in a situation of armed        
   conflict, when the purpose of such act, by its nature or context, is to 
   intimidate a population, or to compel a government or an international  
   organization to do or to abstain from doing any act. The term           
   ``unlawfully'' is intended to embody common law defenses. The term      
   ``willfully'' means voluntary or intentional. Conspiracy and attempts to
   commit these crimes are also criminalized. Subsection 2339C(a)(3)       
   states, as contained in article 2, paragraph 3, of the Convention, that 
   a violation of Section 2339C(a) does not require that the funds which   
   are provided or collected actually be used to carry out an act referred 
   to in subparagraph (A) or (B) of subsection 2339C(a)(1). Section        
   2339C(a) implements article 2, paragraphs 1, 3, 4 and 5 of the          
   Convention.                                                             
      Subsection 2339C(b) creates an offense for concealing or disguising  
   the nature, the location, the source, or the ownership or control of any
   funds or proceeds provided or collected under Section 2339C, as well as 
   any material support or resources provided under Section 2339B, by any  
   person or legal entity within the United States and by any United States
   national or legal entity created under U.S. law anywhere in the world.  
   This provision goes beyond what was required by the Convention, but     
   would enhance the ability of U.S. law enforcement authorities to combat 
   the supply of financing to terrorists and their organizations.          
      Subsection 2339C(c) delineates the jurisdictional bases for the      
   covered offenses under Section 2339C(a) and includes jurisdiction over  
   perpetrators of offenses abroad who are subsequently found within the   
   United States. This provision implements a crucial element of the       
   Convention which requires all State Parties to either extradite or      
   prosecute perpetrators of offenses covered by the Convention (article   
   10) who are found within the territory of a State Party. The structure  
   of this provision is designed to accommodate the structure of the       
   Convention. Article 7 of the Convention sets forth both mandatory and   
   permissive bases of jurisdiction, from which article 3 excludes certain 
   offenses that lack an international nexus. Some sections, however, such 
   as, for example, Subsection 2339(C)(c), go beyond the jurisdictional    
   bases required or expressly permitted under article 7, paragraphs 1 and 
   2, of the Convention, as limited by article 3, where expanded           
   jurisdiction is desirable from a policy perspective and is consistent   
   with the Constitution.                                                  
      Subsection 2332f(d)(1) delineates the penalties for committing the   
   covered crimes under Subsection 2339C(a), to wit, a fine under title 18,
   United States Code, imprisonment for not more than 20 years, or both.   
   This penalty is consistent with those under current law relating to     
   money laundering offenses. See 18 U.S.C. 1956. Subsection 2332f(d)(2)   
   delineates the penalties for committing the covered crimes under        
   Subsection 2339C(b), to wit, a fine under title 18, United States Code, 
   imprisonment for not more than 10 years, or both.                       
      Subsection 2339C(e) contains thirteen definitions of terms that are  
   used in the new law. Two of those definitions (``government facility,'' 
   and ``proceeds'') are the same definitions used in the Convention. The  
   definition for ``funds'' is identical to that contained in the          
   Convention with the exception that coins and currency are expressly     
   mentioned as money is certainly a type of funds obviously contemplated  
   by the Convention. The definitions for ``provides'' and ``collects''    
   reflect the broad scope of the Convention. The definition for           
   ``predicate acts'' specifies the activity for which the funds were being
   provided or collected. These are the acts referred to in subparagraphs  
   (A) or (B) of Section 2339C(a)(1). The definition of ``treaty'' sets    
   forth the nine international conventions dealing with counterterrorism  
   found in the Annex to the Convention. In construing the scope of these  
   treaties, the court is to look to the description or definition of the  
   treaty's provisions as reflected in United States law without regard to 
   the particular jurisdictional provision in the implementing law. The    
   term ``intergovernmental organization,'' which is used in the           
   Convention, is specifically defined to make clear that it contains      
   within its ambit existing international organizations. The definitions  
   for ``international organization,'' ``serious bodily injury,'' and      
   ``national of the United States'' incorporate definitions for those     
   terms which already exist in other U.S. statutes. One of the definitions
   (``armed conflict'') is defined consistent with international           
   instruments relating to the law of war. The final term, ``State,'' has  
   the same meaning as that term has under international law.              
      Subsection 2339C(f) creates a civil penalty of at least $10,000      
   payable to the United States, against any legal entity in the United    
   States, or organized under the laws of the United States, including any 
   of its states, district, commonwealths, territories, or possessions, if 
   any person responsible for the management or control of that legal      
   entity has, in that capacity, committed an offense set forth in         
   Subsection 2339C(a). There does not have to be a conviction of such     
   person under Subsection 2339C(a) to impose the civil penalty against the
   legal entity. In determining the size of the penalty, the court should  
   consider the legal entity's net worth, the volume of business it        
   transacts, its ability to pay, the amount of the transaction involved in
   the Subsection 2339C(a) offense, and the nature of the predicate act.   
   This civil penalty is in addition to any other criminal, civil, or      
   administrative liability or penalty allowable under United States law.  
   Subsection 2339C(f) fulfills article 5 of the Convention.               
      Section 202(b) amends the analysis for chapter 113B of title 18,     
   United States Code, by inserting therein the caption for the new Section
   2339C. Section 202(c) reflects that new Section 2339C supplements       
   existing Federal and state laws and does not affect or supplant any of  
   them.                                                                   
           Section 204. Effective Date                                             

      Section 202 of this title shall be effective upon enactment. Except, 
   the provisions of 18 U.S.C. 2339C(c)(1)(D) and (2)(B) shall become      
   effective on the date that the International Convention for the         
   Suppression of the Financing of Terrorism enters into force for the     
   United States.                                                          
           Section 301. Ancillary Measures                                         

      This section of the bill, which is not required by the treaty but    
   will assist in Federal enforcement, adds the new 18 U.S.C. 2332f and    
   2339C to four existing provisions of law. Sections 2332f and 2339C are  
   made predicates under the wiretap statute (18 U.S.C. 2516(1)(c)) and    
   sections 2332f and 2339C are also added to those offenses defined as a  
   ``Federal crime of terrorism'' under 18 U.S.C. 2332b(g)(5). Section     
   2339f is made a predicate under the statute relating to the provision of
   material support to terrorists (18 U.S.C. 2339A) and the statute related
   to the forfeiture of funds, proceeds and instrumentalities (18 U.S.C.   
   981(a)(1)).                                                             
                   CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED          

     In compliance with clause 3(e) of rule XIII of the Rules of the House
  of Representatives, changes in existing law made by the bill, as        
  reported, are shown as follows (existing law proposed to be omitted is  
  enclosed in black brackets, new matter is printed in italics, existing  
  law in which no change is proposed is shown in roman):                  

                                TITLE 18, UNITED STATES CODE                      

         * * * * * * *                                                           

                                   CHAPTER 46--FORFEITURE                         

         * * * * * * *                                                           


          981. Civil forfeiture                                                   

     (a)(1) The following property is subject to forfeiture to the United 
  States:                                                                 
     (A) * * *                                                             

         * * * * * * *                                                           


       (H) Any property, real or personal, involved in a violation or      
   attempted violation, or which constitutes or is derived from proceeds   
   traceable to a violation, of section 2339C of this title.               

         * * * * * * *                                                           

                                   CHAPTER 113B--TERRORISM                        


 Sec.                                                                    

      2331.  Definitions.                                                     

         * * * * * * *                                                           


            2332f. Bombings of places of public use, government facilities,   
      public transportation systems and infrastructure facilities.            
         * * * * * * *                                                           

      2339C.  Prohibitions against the financing of terrorism.                


         * * * * * * *                                                           

          2332b. Acts of terrorism transcending national boundaries               

    (a) * * *                                                             

         * * * * * * *                                                           

    (g)  Definitions.--As used in this section--                          

     (1) * * *                                                             

         * * * * * * *                                                           

     (5) the term ``Federal crime of terrorism'' means an offense that--   

     (A) * * *                                                             

     (B) is a violation of--                                               

       (i) section 32 (relating to destruction of aircraft or aircraft     
   facilities), 37 (relating to violence at international airports), 81    
   (relating to arson within special maritime and territorial              
   jurisdiction), 175 or 175b (relating to biological weapons), 229        
   (relating to chemical weapons), subsection (a), (b), (c), or (d) of     
   section 351 (relating to congressional, cabinet, and Supreme Court      
   assassination and kidnaping), 831 (relating to nuclear materials),      
   842(m) or (n) (relating to plastic explosives), 844(f)(2) or (3)        
   (relating to arson and bombing of Government property risking or causing
   death), 844(i) (relating to arson and bombing of property used in       
   interstate commerce), 930(c) (relating to killing or attempted killing  
   during an attack on a Federal facility with a dangerous weapon),        
   956(a)(1) (relating to conspiracy to murder, kidnap, or maim persons    
   abroad), 1030(a)(1) (relating to protection of computers),              
   1030(a)(5)(A)(i) resulting in damage as defined in 1030(a)(5)(B)(ii)    
   through (v) (relating to protection of computers), 1114 (relating to    
   killing or attempted killing of officers and employees of the United    
   States), 1116 (relating to murder or manslaughter of foreign officials, 
   official guests, or internationally protected persons), 1203 (relating  
   to hostage taking), 1362 (relating to destruction of communication      
   lines, stations, or systems), 1363 (relating to injury to buildings or  
   property within special maritime and territorial jurisdiction of the    
   United States), 1366(a) (relating to destruction of an energy facility),
   1751(a), (b), (c), or (d) (relating to Presidential and Presidential    
   staff assassination and kidnaping), 1992 (relating to wrecking trains), 
   1993 (relating to terrorist attacks and other acts of violence against  
   mass transportation systems), 2155 (relating to destruction of national 
   defense materials, premises, or utilities), 2280 (relating to violence  
   against maritime navigation), 2281 (relating to violence against        
   maritime fixed platforms), 2332 (relating to certain homicides and other
   violence against United States nationals occurring outside of the United
   States), 2332a (relating to use of weapons of mass destruction), 2332b  
   (relating to acts of terrorism transcending national boundaries), 2332f 
   (relating to bombing of public places and facilities), 2339 (relating to
   harboring terrorists), 2339A (relating to providing material support to 
   terrorists), 2339B (relating to providing material support to terrorist 
   organizations), 2339C (relating to financing of terrorism), or 2340A    
   (relating to torture) of this title;                                    
         * * * * * * *                                                           


                    2332f. Bombings of places of public use, government           
          facilities, public transportation systems and infrastructure facilities 
    (a)  Offenses.--                                                      

       (1) In general.--Whoever unlawfully delivers, places, discharges, or
   detonates an explosive or other lethal device in, into, or against a    
   place of public use, a state or government facility, a public           
   transportation system, or an infrastructure facility--                  
     (A) with the intent to cause death or serious bodily injury, or       

       (B) with the intent to cause extensive destruction of such a place, 
   facility, or system, where such destruction results in or is likely to  
   result in major economic loss, shall be punished as prescribed in       
   subsection (c).                                                         
       (2) Attempts and conspiracies.--Whoever attempts or conspires to    
   commit an offense under paragraph (1) shall be punished as prescribed in
   subsection (c).                                                         
     (b) Jurisdiction.--There is jurisdiction over the offenses in        
  subsection (a) if--                                                     
     (1) the offense takes place in the United States and--                

       (A) the offense is committed against another state or a government  
   facility of such state, including its embassy or other diplomatic or    
   consular premises of that state;                                        
       (B) the offense is committed in an attempt to compel another state  
   or the United States to do or abstain from doing any act;               
     (C) at the time the offense is committed, it is committed--           

     (i) on board a vessel flying the flag of another state;               

       (ii) on board an aircraft which is registered under the laws of     
   another state; or                                                       
       (iii) on board an aircraft which is operated by the government of   
   another state;                                                          
     (D) a perpetrator is found outside the United States;                 

       (E) a perpetrator is a national of another state or a stateless     
   person; or                                                              
     (F) a victim is a national of another state or a stateless person;    

     (2) the offense takes place outside the United States and--           

       (A) a perpetrator is a national of the United States or is a        
   stateless person whose habitual residence is in the United States;      
     (B) a victim is a national of the United States;                      

     (C) a perpetrator is found in the United States;                      

       (D) the offense is committed in an attempt to compel the United     
   States to do or abstain from doing any act;                             
       (E) the offense is committed against a state or government facility 
   of the United States, including an embassy or other diplomatic or       
   consular premises of the United States;                                 
       (F) the offense is committed on board a vessel flying the flag of   
   the United States or an aircraft which is registered under the laws of  
   the United States at the time the offense is committed; or              
       (G) the offense is committed on board an aircraft which is operated 
   by the United States.                                                   
     (c) Penalties.--Whoever violates this section shall be imprisoned for
  any term of years or for life, and if death results from the violation, 
  shall be punished by death or imprisoned for any term of years or for   
  life.                                                                   
    (d)  Exemptions to Jurisdiction.--This section does not apply to--    

       (1) the activities of armed forces during an armed conflict, as     
   those terms are understood under the law of war, which are governed by  
   that law,                                                               
       (2) activities undertaken by military forces of a state in the      
   exercise of their official duties; or                                   
       (3) offenses committed within the United States, where the alleged  
   offender and the victims are United States citizens and the alleged     
   offender is found in the United States, or where jurisdiction is        
   predicated solely on the nationality of the victims or the alleged      
   offender and the offense has no substantial effect on interstate or     
   foreign commerce.                                                       
    (e)  Definitions.--As used in this section, the term--                

       (1) ``serious bodily injury'' has the meaning given that term in    
   section 1365(g)(3) of this title;                                       
       (2) ``national of the United States'' has the meaning given that    
   term in section 101(a)(22) of the Immigration and Nationality Act (8    
   U.S.C. 1101(a)(22));                                                    
       (3) ``state or government facility'' includes any permanent or      
   temporary facility or conveyance that is used or occupied by            
   representatives of a state, members of Government, the legislature or   
   the judiciary or by officials or employees of a state or any other      
   public authority or entity or by employees or officials of an           
   intergovernmental organization in connection with their official duties;
       (4) ``intergovernmental organization'' includes international       
   organization (as defined in section 1116(b)(5) of this title);          
       (5) ``infrastructure facility'' means any publicly or privately     
   owned facility providing or distributing services for the benefit of the
   public, such as water, sewage, energy, fuel, or communications;         
       (6) ``place of public use'' means those parts of any building, land,
   street, waterway, or other location that are accessible or open to      
   members of the public, whether continuously, periodically, or           
   occasionally, and encompasses any commercial, business, cultural,       
   historical, educational, religious, governmental, entertainment,        
   recreational, or similar place that is so accessible or open to the     
   public;                                                                 
       (7) ``public transportation system'' means all facilities,          
   conveyances, and instrumentalities, whether publicly or privately owned,
   that are used in or for publicly available services for the             
   transportation of persons or cargo;                                     
       (8) ``explosive'' has the meaning given in section 844(j) of this   
   title insofar that it is designed, or has the capability, to cause      
   death, serious bodily injury, or substantial material damage;           
       (9) ``other legal device'' means any weapon or device that is       
   designed or has the capability to cause death, serious bodily injury, or
   substantial damage to property through the release, dissemination, or   
   impact of toxic chemicals, biological agents, or toxins (as those terms 
   are defined in section 178 of this title) or radiation or radioactive   
   material;                                                               
       (10) ``military forces of a state'' means the armed forces of a     
   state which are organized, trained, and equipped under its internal law 
   for the primary purpose of national defense or security, and persons    
   acting in support of those armed forces who are under their formal      
   command, control, and responsibility;                                   
       (11) ``armed conflict'' does not include internal disturbances and  
   tensions, such as riots, isolated, and sporadic acts of violence, and   
   other acts of a similar nature; and                                     
       (12) ``state'' has the same meaning as that term has under          
   international law, and includes all political subdivisions thereof.     

         * * * * * * *                                                           

          2339A. Providing material support to terrorists                         

     (a) Offense.--Whoever 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, a violation of section 32, 
  37, 81, 175, 229, 351, 831, 842 (m) or (n), 844 (f) or (i), 903(c), 956,
  1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751, 1992, 1993, 2155, 2156, 
  2280, 2281, 2332, 2332a, 2332b, 2332c, 2332f, or 2340A of this title,   
  section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or       
  section 46502 or 60123(b) of title 49, or in preparation for, or in     
  carrying out, the concealment or an escape from the commission of any   
  such violation, or attempts or conspires to do such an act, shall be    
  fined under this title, imprisoned not more than 15 years, or both, and,
  if the death of any person results, shall be imprisoned for any term of 
  years or for life. A violation of this section may be prosecuted in any 
  Federal judicial district in which the underlying offense was committed,
  or in any other Federal judicial district as provided by law.           
         * * * * * * *                                                           


          2339C. Prohibitions against the financing of terrorism                  

    (a)  Offenses.--                                                      

       (1) In general.--Whoever, in a circumstance described in subsection 
   (c), by any means, directly or indirectly, unlawfully and willfully     
   provides or collects funds with the intention that such funds be used,  
   or with the knowledge that such funds are to be used, in full or in     
   part, in order to carry out--                                           
       (A) an act which constitutes an offense within the scope of a treaty
   specified in subsection (e)(7), as implemented by the United States, or 
       (B) any other act intended to cause death or serious bodily injury  
   to a civilian, or to any other person not taking an active part in the  
   hostilities in a situation of armed conflict, when the purpose of such  
   act, by its nature or context, is to intimidate a population, or to     
   compel a government or an international organization to do or to abstain
   from doing any act,                                                     
   shall be punished as prescribed in subsection (d)(1).                   

       (2) Attempts and conspiracies.--Whoever attempts or conspires to    
   commit an offense under paragraph (1) shall be punished as prescribed in
   subsection (d)(1).                                                      
       (3) Relationship to predicate act.--For an act to constitute an     
   offense set forth in this subsection, it shall not be necessary that the
   funds were actually used to carry out a predicate act.                  
    (b)  Concealment.--                                                   

       (1) In General.--Whoever, in the United States, or outside the      
   United States and a national of 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),         
   knowingly conceals or disguises the nature, the location, the source, or
   the ownership or control of any material support or resources provided  
   in violation of section 2339B of this chapter, or of any funds provided 
   or collected in violation of subsection (a) or any proceeds of such     
   funds, shall be punished as prescribed in subsection (d)(2).            
       (2) Attempts and conspiracies.--Whoever attempts or conspires to    
   commit an offense under paragraph (1) shall be punished as prescribed in
   subsection (d)(2).                                                      
     (c) Jurisdiction.--There is jurisdiction over the offenses in        
  subsection (a) in the following circumstances--                         
     (1) the offense takes place in the United States and--                

       (A) a perpetrator was a national of another state or a stateless    
   person;                                                                 
       (B) on board a vessel flying the flag of another state or an        
   aircraft which is registered under the laws of another state at the time
   the offense is committed;                                               
       (C) on board an aircraft which is operated by the government of     
   another state;                                                          
     (D) a perpetrator is found outside the United States;                 

       (E) was directed toward or resulted in the carrying out of a        
   predicate act against--                                                 
     (i) a national of another state; or                                   

       (ii) another state or a government facility of such state, including
   its embassy or other diplomatic or consular premises of that state;     
       (F) was directed toward or resulted in the carrying out of a        
   predicate act committed in an attempt to compel another state or        
   international organization to do or abstain from doing any act; or      
       (G) was directed toward or resulted in the carrying out of a        
   predicate act--                                                         
     (i) outside the United States; or                                     

       (ii) within the United States, and either the offense or the        
   predicate act was conducted in, or the results thereof affected,        
   interstate or foreign commerce;                                         
     (2) the offense takes place outside the United States and--           

       (A) a perpetrator is a national of the United States or is a        
   stateless person whose habitual residence is in the United States;      
     (B) a perpetrator is found in the United States; or                   

       (C) was directed toward or resulted in the carrying out of a        
   predicate act against--                                                 
       (i) any property that is owned, leased, or used by the United States
   or by any department or agency of the United States, including an       
   embassy or other diplomatic or consular premises of the United States;  
     (ii) any person or property within the United States;                 

       (iii) any national of the United States or the property of such     
   national; or                                                            
       (iv) any property of any legal entity organized under the laws of   
   the United States, including any of its States, districts,              
   commonwealths, territories, or possessions;                             
       (3) the offense is committed on board a vessel flying the flag of   
   the United States or an aircraft which is registered under the laws of  
   the United States at the time the offense is committed;                 
       (4) the offense is committed on board an aircraft which is operated 
   by the United States; or                                                
       (5) the offense was directed toward or resulted in the carrying out 
   of a predicate act committed in an attempt to compel the United States  
   to do or abstain from doing any act.                                    
    (d)  Penalties.--                                                     

       (1) Whoever violates subsection (a) shall be fined under this title,
   imprisoned for not more than 20 years, or both.                         
       (2) Whoever violates subsection (b) shall be fined under this title,
   imprisoned for not more than 10 years, or both.                         
    (e)  Definitions.--As used in this section--                          

       (1) the term ``funds'' means assets of every kind, whether tangible 
   or intangible, movable or immovable, however acquired, and legal        
   documents or instruments in any form, including electronic or digital,  
   evidencing title to, or interest in, such assets, including coin,       
   currency, bank credits, travelers checks, bank checks, money orders,    
   shares, securities, bonds, drafts, and letters of credit;               
       (2) the term ``government facility'' means any permanent or         
   temporary facility or conveyance that is used or occupied by            
   representatives of a state, members of a government, the legislature, or
   the judiciary, or by officials or employees of a state or any other     
   public authority or entity or by employees or officials of an           
   intergovernmental organization in connection with their official duties;
       (3) the term ``proceeds'' means any funds derived from or obtained, 
   directly or indirectly, through the commission of an offense set forth  
   in subsection (a);                                                      
     (4) the term ``provides'' includes giving, donating, and transmitting;

     (5) the term ``collects'' includes raising and receiving;             

       (6) the term ``predicate act'' means any act referred to in         
   subparagraph (A) or (B) of subsection (a)(1);                           
     (7) the term ``treaty'' means--                                       

       (A) the Convention for the Suppression of Unlawful Seizure of       
   Aircraft, done at The Hague on December 16, 1970;                       
       (B) the Convention for the Suppression of Unlawful Acts against the 
   Safety of Civil Aviation, done at Montreal on September 23, 1971;       
       (C) the Convention on the Prevention and Punishment of Crimes       
   against Internationally Protected Persons, including Diplomatic Agents, 
   adopted by the General Assembly of the United Nations on December 14,   
   1973;                                                                   
       (D) the International Convention against the Taking of Hostages,    
   adopted by the General Assembly of the United Nations on December 17,   
   1979;                                                                   
       (E) the Convention on the Physical Protection of Nuclear Material,  
   adopted at Vienna on March 3, 1980;                                     
       (F) the Protocol for the Suppression of Unlawful Acts of Violence at
   Airports Serving International Civil Aviation, supplementary to the     
   Convention for the Suppression of Unlawful Acts against the Safety of   
   Civil Aviation, done at Montreal on February 24, 1988;                  
       (G) the Convention for the Suppression of Unlawful Acts against the 
   Safety of Maritime Navigation, done at Rome on March 10, 1988;          
       (H) the Protocol for the Suppression of Unlawful Acts against the   
   Safety of Fixed Platforms located on the Continental Shelf, done at Rome
   on March 10, 1988; or                                                   
       (I) the International Convention for the Suppression of Terrorist   
   Bombings, adopted by the General Assembly of the United Nations on      
   December 15, 1997;                                                      
       (8) the term ``intergovernmental organization'' includes            
   international organizations;                                            
       (9) the term ``international organization'' has the same meaning as 
   in section 1116(b)(5) of this title;                                    
       (10) the term ``armed conflict'' does not include internal          
   disturbances and tensions, such as riots, isolated and sporadic acts of 
   violence, and other acts of a similar nature;                           
       (11) the term ``serious bodily injury'' has the same meaning as in  
   section 1365(g)(3) of this title;                                       
       (12) the term ``national of the United States'' has the meaning     
   given that term in section 101(a)(22) of the Immigration and Nationality
   Act (8 U.S.C. 1101(a)(22)); and                                         
       (13) the term ``state'' has the same meaning as that term has under 
   international law, and includes all political subdivisions thereof.     
     (f) Civil Penalty.--In addition to any other criminal, civil, or     
  administrative liability or penalty, any legal entity located within the
  United States or organized under the laws of the United States,         
  including any of the laws of its States, districts, commonwealths,      
  territories, or possessions, shall be liable to the United States for   
  the sum of at least $10,000, if a person responsible for the management 
  or control of that legal entity has, in that capacity, committed an     
  offense set forth in subsection (a).                                    

         * * * * * * *                                                           

              CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND    
                       INTERCEPTION OF ORAL COMMUNICATIONS                        
         * * * * * * *                                                           

                    2516. Authorization for interception of wire, oral, or        
          electronic communications                                               
     (1) The Attorney General, Deputy Attorney General, Associate Attorney
  General, or any Assistant Attorney General, any acting Assistant        
  Attorney General, or any Deputy Assistant Attorney General or acting    
  Deputy Assistant Attorney General in the Criminal Division specially    
  designated by the Attorney General, may authorize an application to a   
  Federal judge of competent jurisdiction for, and such judge may grant in
  conformity with section 2518 of this chapter an order authorizing or    
  approving the interception of wire or oral communications by the Federal
  Bureau of Investigation, or a Federal agency having responsibility for  
  the investigation of the offense as to which the application is made,   
  when such interception may provide or has provided evidence of--        
     (a) * * *                                                             

         * * * * * * *                                                           

     (q) any criminal violation of section 229 (relating to chemical      
  weapons); or sections 2332, 2332a, 2332b, 2332d, 2332f, 2339A, or 2339B 
  2339B, or 2339C of this title (relating to terrorism); or               
         * * * * * * *                                                           


                                     MARKUP TRANSCRIPT                            

BUSINESS MEETING                                                        

THURSDAY, NOVEMBER 15, 2001                                             

House of Representatives,                                               

Committee on the Judiciary,                                             

 Washington, DC.                                                         

      The Committee met, pursuant to notice, at 10:10 a.m., in Room 2141,  
   Rayburn House Office Building, Hon. F. James Sensenbrenner, Jr.         
   (Chairman of the Committee) presiding.                                  
   Chairman  Sensenbrenner.  The Committee will be in order.               

      The last item on the agenda is the adoption of H.R. 3275, the        
   implementation legislation for the International Convention for the     
   Suppression of Financing of Terrorism.                                  
      The Chair recognizes the gentleman from Texas, Mr. Smith, the        
   Chairman of the Subcommittee on Crime.                                  
   Mr.  Smith.  Thank you, Mr. Chairman.                                   

      Mr. Chairman, the Subcommittee on Crime reports favorably the bill   
   H.R. 3275 and moves its favorable recommendation in the full House.     
      Chairman Sensenbrenner. Without objection, H.R. 3275 will be         
   considered as read and open for amendment at any point.                 
   [The bill, H.R. 3275, follows:]                                         

                                                                         

                                                                         

                                                                         

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      Chairman Sensenbrenner. The Chair recognizes the gentleman from      
   Texas, Mr. Smith, to strike the last word.                              
      Mr. Smith. Mr. Chairman, international terrorism once threatened     
   Americans only when they were outside our country. Today every American 
   must live their life conscious of the fact that the war on terrorism is 
   being fought not only in other countries but also in our own.           
      International cooperation is one way to defeat terrorism and is      
   critically important to our success.                                    
      Mr. Chairman, H.R. 3275 is bipartisan legislation. Both treaties were
   drafted and initiated by the Clinton Administration and are now strongly
   supported by the Bush Administration.                                   
      The first treaty, the International Convention for the Suppression of
   Terrorist Bombings, was drafted by the United States in the wake of the 
   bombing attack of the U.S. military personnel in Saudi Arabia in 1996.  
   This treaty creates international jurisdiction over the unlawful and    
   intentional use of explosives and other lethal devises at public places 
   with the intent to kill or cause serious bodily injury or with intent to
   cause the extensive destruction of the public place itself.             
      The treaty requires nations to extradite or submit for prosecution   
   persons accused of committing or aiding such offenses. Thirty-seven     
   nations are currently party to the convention, which became effective   
   internationally on May 23rd, 2001.                                      
      The second treaty is the International Convention for the Suppression
   of Financing of Terrorism drafted in 1999. This convention imposes      
   binding legal obligations upon nations either to submit for prosecution 
   or to extradite any person within their jurisdiction who unlawfully and 
   willfully provides or collects funds with the intention that they be    
   used to carry out terrorist activities.                                 
      Nations also are required to take appropriate steps for the          
   detection, freezing, seizure, or forfeiture of any funds used or        
   allocated for the purposes of committing terrorist acts.                
      By approving this legislation, we will avoid any delay in            
   implementing these treaties once they have been ratified by the Senate. 
      Some might oppose this legislation because the bill provides for the 
   possibility of the death penalty for those international terrorists who 
   blow up public buildings and kill innocent people. Others might be      
   opposed because these new terrorist laws would be added as predicate    
   offenses to our laws on wiretaps, money laundering, and material support
   for terrorism. However, we already have laws in place that provide the  
   death penalty for terrorists that murder innocent civilians, so the     
   provisions of this bill are consistent with current law. Furthermore,   
   this bill amends current laws against terrorists simply to include      
   crimes of terrorist bombings and financing terrorism.                   
      Some concern was expressed at the hearing on this bill that there may
   be other laws already enacted that could cover the terrorist activities 
   this bill focuses on. While there may be some overlap of current law    
   with the crimes set forth in this bill, Assistant Attorney General      
   Michael Chertoff testified that the bill does plug important and serious
   gaps in our criminal code.                                              
      As Mr. Chertoff stated: These are serious crimes that we should be   
   able to attack from multiple ways. We should not shy away from plugging 
   gaps for crimes that involve terrorist bombings simply because there may
   be some other related criminal statute in place when we can enact a     
   criminal law that is exactly on point.                                  
      Changing or delaying these conventions could handcuff our law        
   enforcement officers in their efforts to bring terrorists to justices.  
   These treaties, once they are ratified and implemented, will expand the 
   legal framework for international cooperation in the investigation,     
   prosecution, and extradition of persons who engage in bombings and      
   financially support terrorist organizations.                            
      Mr. Chairman, at a time when other nations are being asked to support
   our coalition efforts, we should act promptly to join them in these     
   treaties to fight international terrorism.                              
   I yield back the balance of my time.                                    

   Chairman  Sensenbrenner.  The gentleman from Virginia, Mr. Scott.       

   Mr.  Scott.  Thank you, Mr. Chairman.                                   

      Mr. Chairman, I am in favor of the United States ratifying the       
   International Convention for the Suppression of Terrorist Bombing and   
   the International Convention for the Suppression of the Financing of    
   Terrorism, but I am opposed to H.R. 3275, the implementing legislation, 
   in its current form.                                                    
      There are numerous controversial provisions in the bill, such as     
   death penalties, which are not necessary to implement the treaties. If  
   we could focus our attention on just doing what is needed to implement  
   the treaties, I am sure that we could do so quickly and unanimously.    
      These treaties have been pending for some time, so I applaud the     
   President's decision to seek their ratification. However, I am concerned
   that right on the heels of hurriedly enacting into law an anti-terrorism
   bill laden down with severe penalties and severe intrusions into        
   traditional civil liberties, we are now being asked to enact--again in a
   hurry--yet another such bill.                                           
      The anti-terrorism bill we just enacted was represented by the       
   Administration as a comprehensive anti-terrorism bill designed to cover 
   the full gamut of terroristic threats to this country. Upon that        
   representation, unprecedented extensions of wiretap, RICO, asset        
   seizures, and punishments were enacted into law. Many of them had       
   nothing to do with terrorism.                                           
      Because we are not sure how these intrusive measures would play out, 
   the bill this Committee passed unanimously placed a 2-year sunset on    
   these provisions, and the bill finally was adopted with a 4-year sunset.
      The bill before us provides for further extensions of these drastic  
   measures, and even goes further by adding additional death penalty      
   provisions with no sunset or other type of review.                      
      The Justice Department has made it clear that these measures are not 
   required for ratification of treaties that have been pending before the 
   Senate for over a year. The part of the bill that addresses what is     
   required is not controversial. But it seems that much of it is          
   duplicative of existing law.                                            
      The Department of Justice, for example, insists that it needs the    
   bill because there is a gap in the law when someone bombs a foreign     
   embassy in the United States.                                           
      Now, Members of the Committee, let's be serious. If somebody blows up
   an embassy in downtown D.C. and law enforcement officials can't figure  
   out how to charge a crime under existing law, we've got more problems   
   than this bill will cure.                                               
      Of particular concern is the death penalty, which can't be necessary 
   because other countries who are signatories to the treaties don't have  
   any death penalties at all.                                             
      So, Mr. Chairman, we should separate what is required and not        
   controversial from what is controversial and not required, so we can    
   pass a bill with broad support, as we did with the anti-terrorism bill. 
   If more is desired, let's discuss in that in a separate bill.           
      Now, I understand that the gentleman from Texas will have an         
   amendment which addresses some of these concerns, and I look forward to 
   consideration of that amendment.                                        
   Thank you, Mr. Chairman.                                                

      Chairman Sensenbrenner. Without objection, all Members opening       
   statements will be inserted in the record at this point.                
   [The statement of Mr. Conyers follows:]                                 


                        Prepared Statement of the Honorable John Conyers, Jr., a    
            Representative in Congress From the State of Michigan                   
      I rise in support of this amendment, which strikes the death penalty 
   as a punishment under this legislation. This legislation is not the     
   appropriate time or vehicle for expanding use of the death penalty in   
   this country. Simply put, the death penalty should not be expanded; it  
   has raised numerous concerns because of its questionable                
   constitutionality and the manner in which it is implemented.            
      As practiced in this country, the death penalty violates not only the
   Eighth Amendment prohibition against cruel and unusual punishment but   
   also the Sixth Amendment guarantee of right to counsel. A Columbia      
   University study showed that two out of three death penalty convictions 
   between 1973 and 1995 were overturned on appeal, largely because of     
   incompetent counsel. Many lawyers appointed to death penalty cases      
   simply have no experience whatsoever with capital offenses. We simply   
   are not complying with the Sixth Amendment in a situation where         
   defendants' lives are dependent upon inexperienced lawyers. It is       
   because of these concerns that Mr. Delahunt's Innocence Protection Act  
   garnered so many cosponsors from both sides of the aisle.               
      And unfortunately, sometimes the errors in death penalty cases are   
   not discovered until after the defendant is already incarcerated. In    
   Oklahoma City, the FBI has found that police chemists have performed    
   flawed analyses in numerous cases; at least one man has been released   
   from death row when DNA evidence cleared him. Overall, approximately    
   ninety-eight death row inmates have been exonerated since the death     
   penalty was reinstated in the 1970's.                                   
      Moreover, numerous studies have shown that it is applied in a        
   discriminate manner. For instance, statistics show that African-American
   defendants convicted of killing white victims are ten times more likely 
   to receive the death penalty than white defendants who kill             
   African-Americans. Evidence like this indicates that capital punishment 
   is being applied unfairly and should be curtailed, not expanded.        
      This is why numerous politicians on both sides of the aisle, legal   
   experts, and Americans are not only raising concerns about capital      
   punishment but also opposing it. After learning that thirteen death row 
   inmates had been exonerated in Illinois, Republican Governor George Ryan
   imposed a blanket moratorium on executions in his state. Supreme Court  
   Justice Sandra Day O'Connor said just this past July that ``serious     
   questions are being raised'' about the death penalty and ``the system   
   may well be allowing some innocent defendants to be executed.'' The     
   American Bar Association also has called for a moratorium. Even Texas,  
   the state traditionally having a high execution rate, has reduced its   
   rate from forty last year to thirteen this year. And when asked whether 
   they support capital punishment or life without parole, only forty-seven
   percent of Americans favor the death penalty; an all-time low.          
      Finally, I fail to understand why we need a death penalty in order to
   comply with a treaty when most other signatory nations have outlawed it.
   As a matter of fact, many parties to the convention may not extradite   
   persons to us because we impose the death penalty.                      
   I urge my colleagues to vote ``Yes'' on this amendment.                 



   [The statement of Ms. Jackson Lee follows:]                             

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   Are there amendments----                                                

   Mr.  Delahunt.  Mr. Chairman?                                           

   Mr.  Smith.  Mr. Chairman?                                              

   Mr.  Nadler.  Mr. Chairman?                                             

   Chairman  Sensenbrenner.  The gentleman from Texas.                     

   Mr.  Smith.  Mr. Chairman, I have an amendment at the desk.             

   Chairman  Sensenbrenner.  The clerk will report the amendment.          

   The  Clerk.  Amendment to H.R. 3275----                                 

      Mr. Smith. Mr. Chairman, I ask unanimous consent that the amendment  
   be considered as read.                                                  
   Chairman  Sensenbrenner.  Without objection, so ordered.                

   [The amendment follows:]                                                

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      Chairman Sensenbrenner. And the gentleman from Texas is recognized   
   for 5 minutes.                                                          
   Mr.  Smith.  Thank you, Mr. Chairman.                                   

      And as the gentleman from Virginia indicated, I do hope that this    
   amendment will satisfy some of the concerns that he has expressed, as   
   well as the concerns expressed by the gentlewoman from Texas, Ms.       
   Jackson Lee.                                                            
      Mr. Chairman, I offer this amendment to make changes to the bill     
   consistent with recommendations provided by the Department of Justice.  
      These recommendations were made in response to requests by Members of
   the Subcommittee that the Department of Justice review the bill and     
   inform them of any provision that was not necessary to comply with the  
   terrorist bombing treaty or the financing of terrorism treaty.          
      Upon further review, the Justice Department has determined that it is
   not necessary to specifically reference the RICO statutes or the        
   extension of the statute of limitations. Since the crimes that we are   
   dealing with are Federal crimes of terrorism, under section             
   2332b(g)(5)(B) of title 18 of the U.S. Code, they would automatically be
   included in these statutes.                                             
      This amendment will serve to simplify the bill language, and I urge  
   my colleagues to support it.                                            
   Mr.  Scott.  Mr. Chairman?                                              

   Chairman  Sensenbrenner.  The gentleman from Virginia, Mr. Scott.       

   Mr.  Scott.  I move to strike the last word.                            

   Chairman  Sensenbrenner.  The gentleman is recognized for 5 minutes.    

      Mr. Scott. Mr. Chairman, the amendment has what's called ancillary   
   measures, which suggests that they are not absolutely needed.           
      I would point out that the wiretap predicate, unlike the wiretap     
   legislation that we passed in the anti-terrorism bill, is limited to    
   terrorism situations under title 3, which requires probable cause that  
   crimes are being committed. That is in stark contrast to what we passed 
   last time around, where with the FISA wiretaps, you don't even have to  
   suggest that a crime is being committed and you don't need probable     
   cause.                                                                  
      This amendment limits the application of the bill and more closely   
   reflects what is needed to conform with the treaties. And, therefore, I 
   would support the amendment.                                            
   Chairman  Sensenbrenner.  The question is on the----                    

   Ms.  Jackson Lee.  Will the gentleman yield? Will the gentleman yield?  

   Chairman  Sensenbrenner.  The gentleman from Virginia----               

      Mr. Scott. Reclaiming my time, and I would yield to the gentlelady   
   from Texas.                                                             
      Ms. Jackson Lee. Let me as well indicate my concerns with the broad  
   net again for implementing the treaties, in as much as many of the      
   provisions were already in U.S. criminal law.                           
      And I would say to the gentleman from Texas, this alleviates some of 
   my concern in the redundancy issue that we raised in Subcommittee. And I
   thank the gentleman for the amendment, and I support the amendment.     
   Mr.  Frank.  Would the gentleman yield?                                 

   Mr.  Scott.  I yield to the gentleman from Massachusetts.               

      Mr. Frank. Mr. Chairman, since this is now becoming a love           
   fest--[Laughter.]--I just wanted to add a word of bipartisan praise.    
      I think we should take note, this appears to be the first treaty that
   the Bush Administration has discovered on entering office that it is    
   prepared to support. [Laughter.]                                        
      And we've heard a lot about the belated discovery of multilateralism.
   I have been trying to think of all of the treaties that Bush            
   Administration administered, and we have finally found one that it      
   likes, and I think that ought to be duly noted.                         
   Chairman  Sensenbrenner.  And then we should quickly pass this bill.    

   The question is on the----                                              

   Mr.  Delahunt.  Will the gentleman yield?                               

   Mr.  Frank.  Before they change their minds. [Laughter.]                

   Chairman  Sensenbrenner.  Right.                                        

      The question is on the amendment offered by the gentleman from Texas,
   Mr. Smith.                                                              
   Those in favor will say aye.                                            

   Opposed, no.                                                            

      The ayes appear to have it. The ayes have it, and the amendment is   
   agreed to.                                                              
   Are there further amendments?                                           

   Mr.  Nadler.  Mr. Chairman?                                             

   Chairman  Sensenbrenner.  The gentleman from New York, Mr. Nadler.      

      Mr. Nadler. I don't have an amendment; I have a question for the     
   sponsor of the bill.                                                    
      Chairman Sensenbrenner. The gentleman strikes the last word and is   
   recognized for 5 minutes.                                               
   Mr.  Nadler.  Thank you. I just have a question.                        

      I'm trying to understand this bill, the necessity. Can you cite for  
   us, please, precisely anything that this bill adds to the law? In other 
   words, what's now legal that would be made illegal under this bill?     
   Mr.  Delahunt.  Will the gentleman yield?                               

   Mr.  Nadler.  To who?                                                   

   Mr.  Delahunt.  To----                                                  

   Mr.  Nadler.  Oh, yes, certainly.                                       

      Mr. Delahunt. Yes, at my request yesterday, there was a              
   memorandum--and I want to compliment the department for producing it in 
   a timely fashion--that posed that exact question. And if you don't have 
   it in front of you, I would be happy to share my copy of it with you.   
      It's entitled ``Response to Request by Members of Subcommittee for   
   More Input.''                                                           
      It says, ``Provisions that do not directly implement the             
   conventions.'' And clearly, it would take longer than you or I have in  
   terms of time to recite it.                                             
   Mr.  Nadler.  Well, I will read this, but--thank you.                   

   Reclaiming my time.                                                     

   I will read this.                                                       

      But I will yield to the gentleman. Could you give us examples of what
   are now legal that would be made illegal under this bill?               
      Mr. Smith. Let me give you one specific example that was given to us 
   by the Associate Attorney General yesterday. And it is this: If, for    
   example, a U.S. citizen were implicated in planting a bomb in an Air    
   France aircraft that exploded and killed people, with no U.S. citizens, 
   under current law, that U.S. citizen would not be able to be prosecuted.
   Whereas under the treaty----                                            
   Mr.  Nadler.  That's hard to--reclaiming my time.                       

      It's hard to believe that it is not a crime now to plant a bomb in   
   the United States on a foreign aircraft if the bomb explodes over the   
   ocean?                                                                  
      Mr. Smith. No, no, no, no. If the U.S. citizen planted a bomb in     
   France on an Air France aircraft, blew it up----                        
      Mr. Nadler. Presumably that would be a crime under French law which  
   they would extradite----                                                
      Mr. Smith. Well, that was the example given to us yesterday by the   
   Attorney General.                                                       
      Mr. Nadler. So this expands our jurisdiction to crimes that occur in 
   a foreign----                                                           
      Mr. Smith. Correct. And it fills in some gaps that are now open and  
   where we are not able to prosecute.                                     
      Mr. Nadler. Let me just ask one other question, then. And I haven't  
   given this any thought, obviously, but are there problems with giving   
   the United States jurisdiction for crimes that occur in France, that    
   France might want to prosecute?                                         
      Mr. Smith. If the gentleman will yield, I think the point of the     
   treaty is that we want to be able to have that individual extradited and
   work with France----                                                    
   Mr.  Frank.  Will the gentleman yield?                                  

   Mr.  Nadler.  Yes.                                                      

      Mr. Frank. Well, if you pass this bill, he won't be extradited,      
   because they won't extradite anybody to be subject to a death penalty.  
   So if you include the death penalty, you guarantee that there will be no
   extradition.                                                            
   Mr.  Delahunt.  Will the gentleman yield?                               

   Mr.  Nadler.  Yes.                                                      

      Mr. Delahunt. I have an amendment that would deal with the death     
   penalty issue, because of the reluctance on the part of a number of     
   parties to the agreement.                                               
   Mr.  Nadler.  I appreciate the gentleman.                               

      Reclaiming my time, can you give me an example, other--I mean, I find
   it difficult to think that we are going to pass a bill to give us       
   jurisdiction for a crime in France that France would certainly want     
   to--if someone put a bomb on an Air France, in France, put a bomb on an 
   Air France airline that blew up, I suspect the French would want to     
   prosecute that individual. And why would they extradite them to the     
   United States so we could prosecute them?                               
      Give me a more practical example. I mean, I don't see a great problem
   in that situation, where France would certainly want to prosecute. Is   
   there anything that might happen where someone else doesn't want to     
   prosecute that this bill would help us with?                            
      Mr. Smith. By the way, I think that was a very practical example,    
   because I think that's a very realistic possibility.                    
   Let me see if we can----                                                

   Mr.  Nadler.  Yes, but France would take care of that, presumably.      

      Mr. Smith. If the gentleman will continue to yield, let me see if we 
   can give another example based upon the testimony we received.          
      Let me read to the gentleman a couple of paragraphs as to what Mr.   
   Chertoff testified and maybe that will reassure him: Some concern was   
   expressed at the hearing on this bill--this is what I mentioned awhile  
   ago--that there may be other laws already enacted that could cover the  
   terrorist activities the bill focuses on. While there may be some       
   overlap of current law with the crimes set forth in this bill, Assistant
   Attorney General Michael Chertoff testified that the bill does plug     
   important and serious gaps in our criminal code.                        
      As he stated: These are serious crimes that we should be able to     
   attack from multiple ways. We should not shy away from plugging gaps for
   crimes that involve terrorist bombings simply because there may be some 
   other related criminal statute in place when we can enact a criminal law
   that is exactly on point.                                               
      If the gentleman wants to yield further, I can read him part of the  
   memo that was given----                                                 
   Mr.  Nadler.  I'm reclaiming my time. Thank you very much.              

   Mr.  Smith.  Okay.                                                      

   Mr.  Nadler.  You read that before anyway.                              

   I yield back.                                                           

   Mr.  Watt.  Mr. Chairman? Mr. Chairman?                                 

   Chairman  Sensenbrenner.  The gentleman from North Carolina, Mr. Watt.  

   Mr.  Watt.  I move to strike the last word----                          

   Chairman  Sensenbrenner.  The gentleman is recognized for 5 minutes.    

      Mr. Watt [continuing]. Just for the purpose of requesting that maybe 
   we all would feel better if we had a copy of the letter that was written
   to Mr. Delahunt, which apparently has not been circulated.              
   Mr.  Delahunt.  Will the gentleman yield?                               

      Chairman Sensenbrenner. Is it possible that the staff can supply the 
   letter quickly?                                                         
      Mr. Smith. We can give them a copy, Mr. Chairman. It's titled,       
   ``Response to Request by Members of Subcommittee for More Input:        
   Provisions that do not directly implement,'' and then it goes into      
   provisions which implement the convention.                              
      Chairman Sensenbrenner. Without objection, the letter will be put in 
   the record at this point.                                               
   [The information referred to follows:]                                  

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   Mr.  Scott.  Mr. Chairman?                                              

      Chairman Sensenbrenner. The time belongs to the gentleman from North 
   Carolina, Mr. Watt.                                                     
   Mr.  Watt.  I yield back.                                               

   Mr.  Scott.  Mr. Chairman?                                              

   Chairman  Sensenbrenner.  Are there amendments?                         

   Mr.  Delahunt.  Mr. Chairman?                                           

      Mr. Scott. Can I ask unanimous consent that the gentleman from       
   Massachusetts be recognized for the purpose of an amendment. He has a   
   time constraint and would like his amendment considered.                
      Chairman Sensenbrenner. The Chair was about ready to recognize him   
   all by himself. [Laughter.]                                             
   For what purpose does the gentleman from Massachusetts seek recognition.

   Mr.  Delahunt.  I thank the Chairman for recognizing me--all by myself. 

   I have an amendment at the desk.                                        

   Chairman  Sensenbrenner.  The clerk will report the amendment.          

   Mr.  Smith.  Mr. Chairman, I will reserve a point of order.             

   Chairman  Sensenbrenner.  A point of order is reserved.                 

      The Clerk. Amendment to H.R. 3275, offered by Mr. Delahunt and Mr.   
   Scott.                                                                  
      Page 5, line 7, insert a period after ``life'' and strike all that   
   follows through line 9.                                                 
   [The amendment follows:]                                                

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      Chairman Sensenbrenner. The gentleman from Massachusetts is          
   recognized for 5 minutes.                                               
      Mr. Delahunt. Yes, Mr. Chairman, the amendment, which I am joined in 
   with Mr. Scott, would delete the language authorizing the imposition of 
   the death penalty for the offenses set forth under section 102.         
      In the memorandum presented by the Department of Justice, it         
   acknowledges that apart from these ancillary measures, the proposed     
   legislation contains a very limited number of provisions that are not   
   required for the implementation of the conventions.                     
      One of those, of course, is the death penalty. In fact, Mr. Chairman,
   not only is it not required by the convention, but, as others have      
   suggested, it could impair the fight against international terrorism by 
   making it harder for the Justice Department to secure extradition in    
   these kinds of cases.                                                   
      Let's be honest, much of the rest of the civilized world rejects the 
   death penalty. And even some of our closest allies--Canada, for         
   example--have begun to refuse extradition requests by the United States 
   unless the courts can be assured that the defendants will not face      
   execution.                                                              
      Given that situation, how can it serve our national interests to     
   enact additional unnecessary provisions that further marginalize us     
   among our allies who reject the death penalty? The only answer I have   
   heard is that the new death penalty provision merely tracks current law 
   with respect to comparable domestic crimes. Well, that's true. And we're
   not repealing current law.                                              
      But the fact that the current law presents an obstacle to our law    
   enforcement objectives is, for me, hardly a persuasive argument for     
   compounding the problem.                                                
      So I support the implementation of the conventions with all due      
   speed. I think there are other problems. I would have preferred a       
   different process here.                                                 
      But, saying that, let's do it in a way that advances our national    
   objectives.                                                             
      And I urge support for the amendment and yield back the balance of my
   time.                                                                   
      Chairman Sensenbrenner. The Chair would beg the indulgence of Members
   of the Committee. We are unsure whether we adopted Mr. Smith's          
   amendment.                                                              
   Does the clerk have a record? Have we adopted Mr. Smith's amendment?    

      Okay, since we have done that, we are now on the Delahunt amendment. 
   Does the gentleman from Texas, Mr. Smith, insist on his point of order? 
      Mr. Smith. Mr. Chairman, I withdraw my point of order but oppose the 
   amendment.                                                              
      Chairman Sensenbrenner. Okay. The gentleman is recognized for 5      
   minutes.                                                                
      Mr. Smith. Mr. Chairman, this debate should not be about whether the 
   death penalty is appropriate or not. It should be about whether or not  
   we implement the terrorist bombings treaty in a manner consistent with  
   current law.                                                            
      One may not like the death penalty, but if we are going to have it,  
   then we should be consistent with the types of crime it applies to.     
      Sections 2332a and 2332b of title 18 of the U.S. Code all provide for
   the death penalty for a terrorist act that results in someone's death.  
   With regard to the terrorist bombing crime set forth in the treaty,     
   article 4 of the treaty requires that each nation provide, quote,       
   ``appropriate penalties which take into account the grave natures of    
   those offenses,'' unquote.                                              
      Right now we are dealing with the unlawful detonation of an explosive
   or other lethal device in a public facility with the intent to cause    
   death and which does in fact cause death. It would be inconsistent with 
   our current laws on terrorism not to allow for the possibility of the   
   death penalty in these similar cases.                                   
      The crime of killing innocent people by blowing up public buildings  
   should be subject to the most severe penalty possible, and that should  
   be an option.                                                           
      So I ask my colleagues to oppose this amendment, and I yield back the
   balance of my time.                                                     
   Chairman  Sensenbrenner.  The question is on the amendment by the----   

   Mr.  Scott.  Mr. Chairman?                                              

   Chairman  Sensenbrenner.  The gentleman from Virginia, Mr. Scott.       

   Mr.  Scott.  I move to strike the last word.                            

   Chairman  Sensenbrenner.  The gentleman is recognized for 5 minutes.    

      Mr. Scott. Mr. Chairman, we've already pointed out that this         
   provision may in fact be a barrier to extradition. But I want to support
   the amendment because it's obviously not needed when other countries    
   don't even have the death penalty, so it cannot possibly be required.   
      We know that the death penalty is not a deterrent. Certainly, it     
   wouldn't have done anything to deter those involved in September 11th.  
   We know we make mistakes in the application of the death penalty. And we
   know there is a racial bias in the application of the death penalty.    
      And we have no idea how this thing is going to be applied in so far  
   as the attorney general has announced that terrorists ought to be tried 
   in some home-baked procedure where they would not be entitled to a fair 
   trial. We would hate to have the death penalty pending in cases like    
   that.                                                                   
      So I would hope that we would support the amendment and have the     
   debate on the death penalty at another time.                            
   I yield back the balance of my time.                                    

      Chairman Sensenbrenner. The question is on the amendment offered by  
   the gentleman from Massachusetts, Mr. Delahunt.                         
   Those in favor will say aye.                                            

   Opposed, no.                                                            

      The noes appear to have it. The noes have it, and the amendment is   
   not agreed to.                                                          
   Are there further amendments?                                           

      Hearing none, the Chair notes the presence of a reporting quorum. The
   question occurs on the motion to report the bill H.R. 3275 favorably as 
   amended.                                                                
   Those in favor will say aye.                                            

   Opposed, no.                                                            

      The ayes appear to have it. The ayes have it, and the motion to      
   report favorably is agreed to.                                          
      Without objection, the bill will be reported favorably to the House  
   in the form of a single amendment in the nature of a substitute         
   incorporating the amendments adopted here today. Without objection, the 
   Chairman is authorized to move to go to conference pursuant to House    
   rules. Without objection, the staff is directed to make any technical   
   and conforming changes. All Members will be given 2 days as provided by 
   the rules in which to submit additional dissenting, supplemental, or    
   minority views.                                                         
      The Chair thanks the Members for their indulgence and support. This  
   concludes the business on the notice, and the Committee is adjourned.   
   [Whereupon, at 11:06 a.m., the Committee was adjourned.]                


                                       MINORITY VIEWS                             

      While we support the prompt ratification and implementation of the   
   International Conventions for the Suppression of Terrorist Bombings and 
   the Suppression of the Financing of Terrorism, we are concerned that    
   H.R. 3275 includes controversial changes to U.S. domestic law that go   
   well beyond the limited changes required to bring our laws into         
   conformity with the requirements of those agreements.\1\                
                                                                           

   \1\Department of Justice Memorandum to House Crime Subcommittee         
   (Response to Request by Members of Subcommittee for More Input) 1 (Nov. 
   14, 2001) (hereinafter the ``DOJ Memorandum'').                         
      Chief among these is the provision in Title I that authorizes the    
   imposition of the death penalty for the offenses set forth in section   
   102.\2\                                                                 
    At the Committee markup, Reps. William D. Delahunt (D-MA) and Bobby    
   Scott (D-VA) offered an amendment to delete this language, leaving in   
   place the provision authorizing a maximum sentence of life imprisonment,
   but it was rejected by voice vote.                                      
   \2\ See H.R. 3275 102(a), 107th Cong., 1st Sess. (proposed 18 U.S.C.    
   2332f(c)).                                                              
      This is surprising considering that the Administration has           
   acknowledged that capital punishment is not required to implement the   
   Conventions.\3\                                                         
    In fact, not only is it not required under the Conventions, but it     
   actually could impair the fight against international terrorism by      
   making it harder for the Justice Department to secure extradition in    
   these kinds of cases. This is because America's continued resort to the 
   death penalty has brought condemnation from numerous nations across the 
   globe. Even some of our closest allies routinely refuse to honor        
   extradition requests by the United States unless their judicial         
   authorities can be assured that the defendants will not face            
   execution.\4\                                                           
    Given this situation, we do not see how it serves American interests to
   enact additional provisions that will further complicate our ability to 
   prosecute terrorists and further marginalize the United States within   
   the family of nations.                                                  
   \3\ Hearing on H.R. 3275 Before the Subcomm. on Crime of the House Comm.
   on the Judiciary , 107th Cong., 1st Sess. (Nov. 14, 2001) (testimony of 
   Michael Chertoff, Assistant Att'y General, Criminal Division, U.S. Dep't
   of Justice); DOJ Memorandum, supra.                                     
   \4\ See, e.g. , the recent decision by the Supreme Court of Canada,     
   holding that the Canadian Charter of Rights and Freedoms precludes      
   extradition to the United States absent assurances by U.S. authorities  
   that the death penalty would not be imposed. United States v. Burns, 1  
   S.C.R.283 (2001). See also New Murder Trial Granted for Fugitive        
   Extradited From France , N.Y. Times, Nov. 15, 2001, at A25 (United      
   States officials required to assure the French authorities that longtime
   fugitive Ira Einhorn would not be eligible for the death penalty in his 
   new trial); Benjamin Weiser, South Africa Rules On Terror Suspect , N.Y.
   Times , at B4, May 29, 2001 (South African Constitutional Court ruling  
   that suspect on trial in Manhattan in connection with the bombing of the
   American Embassy in Tanzania should not have been turned over to U.S.   
   authorities without assurances that he would not face the death         
   penalty); John Kifner, France Will Not Extradite If Death Penalty Is    
   Possible , N.Y. Times , Mar. 31, 2001, at B4 (refusal of French         
   officials to turn over anti-abortion activist accused of killing a      
   Buffalo doctor who provided abortions unless given guarantees that he   
   would not be executed).                                                 
      Nevertheless, the Majority and the Administration have attempted to  
   justify this new death penalty provision by claiming that it merely     
   tracks current law with respect to comparable domestic crimes.\5\       
    That may well be so, but the fact that current law presents an obstacle
   to our law enforcement objectives is hardly a persuasive argument for   
   compounding the problem.                                                
   \5\DOJ Memorandum,  supra.                                              

      In fact, we doubt a persuasive argument can be made for expanding the
   death penalty in this context. While reasonable people may disagree     
   about whether the death penalty acts as a deterrent to some categories  
   of crimes, we are at a loss to see how anyone can seriously believe that
   the prospect of capital punishment will deter the kinds of atrocities   
   our nation experienced on September 11. Indeed, the Administration      
   implicitly concedes as much when it says that this new provision merely 
   replicates existing death penalty provisions--provisions that did       
   nothing to prevent those attacks.                                       
      The Conventions should be ratified and implemented with all          
   reasonable dispatch, but we have a responsibility to achieve that goal  
   in a way that genuinely advances our nation's interests.                


    John Conyers, Jr.                                                       

    Barney Frank.                                                           

    Howard L. Berman.                                                       

    Jerrold Nadler.                                                         

    Robert C. Scott.                                                        

    Melvin L. Watt.                                                         

    Sheila Jackson Lee.                                                     

    Maxine Waters.                                                          

    William D. Delahunt.                                                    

    Tammy Baldwin. 


Source:
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September 11 Page

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