Material Support to Terrorism Prohibition Enhancement Act of 2004 - Amends the Federal criminal code to prohibit knowingly receiving military-type training from a foreign terrorist organization. Grants extraterritorial jurisdiction over such offense if specified conditions apply, such as if: (1) the offender is a U.S. national; (2) an offender is a stateless person whose habitual residence is in the United States; (3) the offense occurs within the United States; (4) the offense occurs in or affects interstate or foreign commerce; or (5) an offender aids or abets or conspires in such offense with any person over whom jurisdiction exists.
Amends the Immigration and Nationality Act to prohibit granting visas to or admitting, and provides for the deportation of, aliens who have received such training.
Expands the scope of the prohibition against: (1) providing material support to terrorists to include providing resources or concealing or disguising material support or resources, knowing or intending that they will be used for an act of terrorism, where the offense occurs in or affects interstate or foreign commerce); and (2) financing terrorism to cover proceeds of funds used to knowingly disguise any material support to terrorists and knowing that funds are to be provided or collected for such proscribed purposes.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4942 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4942
To prohibit certain forms of material support for terrorism, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2004
Mr. Green of Wisconsin introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit certain forms of material support for terrorism, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Material Support to Terrorism
Prohibition Enhancement Act of 2004''.
SEC. 2. RECEIVING MILITARY-TYPE TRAINING FROM A FOREIGN TERRORIST
ORGANIZATION.
(a) Prohibition as to Citizens and Residents.--Chapter 113B of
title 18, United States Code, is amended by adding after section 2339C
the following new section:
``Sec. 2339D. Receiving military-type training from a foreign terrorist
organization
``(a) Offense.--Whoever knowingly receives military-type training
from or on behalf of any organization designated at the time of the
training by the Secretary of State under section 219(a)(1) of the
Immigration and Nationality Act as a foreign terrorist organization
shall be fined under this title or imprisoned for ten years, or both.
To violate this subsection, a person must have knowledge that the
organization is a designated terrorist organization (as defined in
subsection (c)(4)), that the organization has engaged or engages in
terrorist activity (as defined in section 212 of the Immigration and
Nationality Act), or that the organization has engaged or engages in
terrorism (as defined in section 140(d)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989).
``(b) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section. There is
jurisdiction over an offense under subsection (a) if--
``(1) an offender is a national of the United States (as
defined in 101(a)(22) of the Immigration and Nationality Act)
or an alien lawfully admitted for permanent residence in the
United States (as defined in section 101(a)(20) of the
Immigration and Nationality Act);
``(2) an offender is a stateless person whose habitual
residence is in the United States;
``(3) after the conduct required for the offense occurs an
offender is brought into or found in the United States, even if
the conduct required for the offense occurs outside the United
States;
``(4) the offense occurs in whole or in part within the
United States;
``(5) the offense occurs in or affects interstate or
foreign commerce;
``(6) an offender aids or abets any person over whom
jurisdiction exists under this paragraph in committing an
offense under subsection (a) or conspires with any person over
whom jurisdiction exists under this paragraph to commit an
offense under subsection (a).
``(c) Definitions.--As used in this section--
``(1) the term `military-type training' includes training
in means or methods that can cause death or serious bodily
injury, destroy or damage property, or disrupt services to
critical infrastructure, or training on the use, storage,
production, or assembly of any explosive, firearm or other
weapon, including any weapon of mass destruction (as defined in
section 2232a(c)(2));
``(2) the term `serious bodily injury' has the meaning
given that term in section 1365(h)(3);
``(3) the term `critical infrastructure' means systems and
assets vital to national defense, national security, economic
security, public health or safety including both regional and
national infrastructure. Critical infrastructure may be
publicly or privately owned; examples of critical
infrastructure include gas and oil production, storage, or
delivery systems, water supply systems, telecommunications
networks, electrical power generation or delivery systems,
financing and banking systems, emergency services (including
medical, police, fire, and rescue services), and transportation
systems and services (including highways, mass transit,
airlines, and airports); and
``(4) the term `foreign terrorist organization' means an
organization designated as a terrorist organization under
section 219(a)(1) of the Immigration and Nationality Act.''.
(b) Inadmissibility of Aliens Who Have Received Military-Type
Training From Terrorist Organizations.--Section 212(a)(3)(B)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is
amended--
(1) in subclauses (V) and (VI), by striking ``or'' at the
end;
(2) in subclause (VII), by adding ``or'' at the end; and
(3) by inserting after subclause (VII) the following:
``(VIII) has received military-type
training (as defined in section
2339D(c)(1) of title 18, United States
Code) from or on behalf of any
organization that, at the time the
training was received, was a terrorist
organization under section
212(a)(3)(B)(vi);''.
(c) Inadmissibility of Representatives and Members of Terrorist
Organizations.--Section 212(a)(3)(B)(i) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended--
(1) in subclause (IV), by amending item (aa) to read as
follows:
``(aa) a terrorist
organization, as defined in
clause (vi), or''; and
(2) by amending subclause (V) to read as follows:
``(V) is a member of a terrorist
organization, as defined in subclause
(I) or (II) of clause (vi), or of an
organization which the alien knows or
should have known is a terrorist
organization,''.
(d) Deportation of Aliens Who Have Received Military-Type Training
From Terrorist Organizations.--Section 237(a)(4) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the end
the following:
``(E) Recipient of military-type training.--Any
alien who has received military-type training (as
defined in section 2339d(c)(1) of title 18, United
States Code) from or on behalf of any organization
that, at the time the training was received, was a
terrorist organization, as defined in section
212(a)(3)(b)(vi), is deportable.''.
(e) Retroactive Application.--The amendments made by subsections
(b), (c), and (d) shall apply to the receipt of military training
occurring before, on, or after the date of the enactment of this Act.
SEC. 3. PROVIDING MATERIAL SUPPORT TO TERRORISM.
(a) Additions to Offense of Providing Material Support to
Terrorists.--Section 2339A(a) of title 18, United States Code, is
amended--
(1) by designating the first sentence as paragraph (1);
(2) by designating the second sentence as paragraph (3);
(3) by inserting after paragraph (1) as so designated by
this subsection the following:
``(2)(A) Whoever in a circumstance described in
subparagraph (B) provides material support or resources or
conceals or disguises the nature, location, source, or
ownership of material support or resources, knowing or
intending that they are to be used in preparation for, or in
carrying out, an act of international or domestic terrorism (as
defined in section 2331), or in preparation for, or in carrying
out, the concealment or escape from the commission of any such
act, or attempts or conspires to do so, shall be punished as
provided under paragraph (1) for an offense under that
paragraph.
``(B) The circumstances referred to in subparagraph (A) are
any of the following:
``(i) The offense occurs in or affects interstate
or foreign commerce.
``(ii) The act of terrorism is an act of
international or domestic terrorism that violates the
criminal law of the United States.
``(iii) The act of terrorism is an act of domestic
terrorism that appears to be intended to influence the
policy, or affect the conduct, of the Government of the
United States or a foreign government.
``(iv) An offender, acting within the United States
or outside the territorial jurisdiction of the United
States, is a national of the United States (as defined
in section 101(a)(22) of the Immigration and
Nationality Act, an alien lawfully admitted for
permanent residence in the United States (as defined in
section 101(a)(20) of the Immigration and Nationality
Act , or a stateless person whose habitual residence is
in the United States, and the act of terrorism is an
act of international terrorism that appears to be
intended to influence the policy, or affect the
conduct, of the Government of the United States or a
foreign government.
``(v) An offender, acting within the United States,
is an alien, and the act of terrorism is an act of
international terrorism that appears to be intended to
influence the policy, or affect the conduct, of the
Government of the United States or a foreign
government.
``(vi) An offender, acting outside the territorial
jurisdiction of the United States, is an alien and the
act of terrorism is an act of international terrorism
that appears to be intended to influence the policy of,
or affect the conduct of, the Government of the United
States.
``(vii) An offender aids or abets any person over
whom jurisdiction exists under this paragraph in
committing an offense under this paragraph or conspires
with any person over whom jurisdiction exists under
this paragraph to commit an offense under this
paragraph.''; and
(4) by inserting ``act or'' after ``underlying''.
(b) Definitions.--Section 2339A(b) of title 18, United States Code,
is amended--
(1) by striking ``In this'' and inserting ``(1) In this'';
(2) by inserting ``any property, tangible or intangible, or
service, including'' after ``means'';
(3) by inserting ``(one or more individuals who may be or
include oneself)'' after ``personnel'';
(4) by inserting ``and'' before ``transportation'';
(5) by striking ``and other physical assets''; and
(6) by adding at the end the following:
``(2) As used in this subsection, the term `training' means
instruction or teaching designed to impart a specific skill, as opposed
to general knowledge, and the term `expert advice or assistance' means
advice or assistance derived from scientific, technical or other
specialized knowledge.''.
(c) Addition to Offense of Providing Material Support to Terrorist
Organizations.--Section 2339B(a)(1) of title 18, United States Code, is
amended--
(1) by striking ``, within the United States or subject to
the jurisdiction of the United States,'' and inserting ``in a
circumstance described in paragraph (2)'' ; and
(2) by adding at the end the following: ``To violate this
paragraph, a person must have knowledge that the organization
is a designated terrorist organization (as defined in
subsection (g)(6)), that the organization has engaged or
engages in terrorist activity (as defined in section
212(a)(3)(B) of the Immigration and Nationality Act, or that
the organization has engaged or engages in terrorism (as
defined in section 140(d)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989.''.
(d) Federal Authority.--Section 2339B(d) of title 18 is amended--
(1) by inserting ``(1)'' before ``There''; and
(2) by adding at the end the following:
``(2) The circumstances referred to in paragraph (1) are any of the
following:
``(A) An offender is a national of the United States (as
defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)) or an alien lawfully
admitted for permanent residence in the United States (as
defined in section 101(a)(20) of the Immigration and
Nationality Act.
``(B) An offender is a stateless person whose habitual
residence is in the United States.
``(C) After the conduct required for the offense occurs an
offender is brought into or found in the United States, even if
the conduct required for the offense occurs outside the United
States.
``(D) The offense occurs in whole or in part within the
United States.
``(E) The offense occurs in or affects interstate or
foreign commerce.
``(F) An offender aids or abets any person over whom
jurisdiction exists under this paragraph in committing an
offense under subsection (a) or conspires with any person over
whom jurisdiction exists under this paragraph to commit an
offense under subsection (a).''.
(e) Definition.--Paragraph (4) of section 2339B(g) of title 18,
United States Code, is amended to read as follows:
``(4) the term `material support or resources' has the same
meaning given that term in section 2339A;''.
(f) Additional Provisions.--Section 2339B of title 18, United
States Code, is amended by adding at the end the following:
``(h) Provision of Personnel.--No person may be prosecuted under
this section in connection with the term `personnel' unless that person
has knowingly provided, attempted to provide, or conspired to provide a
foreign terrorist organization with one or more individuals (who may be
or include himself) to work under that terrorist organization's
direction or control or to organize, manage, supervise, or otherwise
direct the operation of that organization. Individuals who act entirely
independently of the foreign terrorist organization to advance its
goals or objectives shall not be considered to be working under the
foreign terrorist organization's direction and control.
``(i) Rule of Construction.--Nothing in this section shall be
construed or applied so as to abridge the exercise of rights guaranteed
under the First Amendment to the Constitution of the United States.''.
SEC. 4. FINANCING OF TERRORISM.
(a) Financing Terrorism.--Section 2339c(c)(2) of title 18, United
States Code, is amended--
(1) by striking ``, resources, or funds'' and inserting
``or resources, or any funds or proceeds of such funds'';
(2) in subparagraph (A), by striking ``were provided'' and
inserting ``are to be provided, or knowing that the support or
resources were provided,''; and
(3) in subparagraph (B)--
(A) by striking ``or any proceeds of such funds'';
and
(B) by striking ``were provided or collected'' and
inserting ``are to be provided or collected, or knowing
that the funds were provided or collected,''.
(b) Definitions.--Section 2339c(e) of title 18, United States Code,
is amended--
(1) by striking ``and'' at the end of paragraph (12);
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following:
``(13) the term `material support or resources' has the
same meaning given that term in section 2339B(g)(4) of this
title; and''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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