107TH 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

Page

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

2

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.

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‘‘(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.

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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—

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‘‘(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

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‘‘(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

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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.

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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

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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.

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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,

11

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.

12

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

13

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.

14

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.

* * * * * * *

15

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),

16

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

17

(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;

18

(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.

* * * * * * *

19

§ 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

20

(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 repVerDate 11-MAY-2000 01:23 Nov 30, 2001 Jkt 099006 PO 00000 Frm 00020 Fmt 6659 Sfmt 6603 E:\HR\OC\HR307.XXX pfrm11 PsN: HR307
21

resentatives 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

22

(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, øor

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.

23

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:]

24

1

I

107TH CONGRESS

1ST SESSION 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.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 9, 2001

Mr. SMITH of Texas introduced the following bill; which was referred to the

Committee on the Judiciary

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

25

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•HR 3275 IH

1 TITLE I—SUPPRESSION OF

2 TERRORIST BOMBINGS

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘Terrorist Bombings

5 Convention Implementation Act of 2001’’.

6 SEC. 102. BOMBING STATUTE.

7 (a) OFFENSE.—Chapter 113B of title 18, United

8 States Code, relating to terrorism, is amended by adding

9 at the end thereof the following new section:

10 ‘‘§ 2332f. Bombings of places of public use, govern11 ment facilities, public transportation sys12 tems and infrastructure facilities

13 ‘‘(a) OFFENSES.—

14 ‘‘(1) IN GENERAL.—Whoever unlawfully deliv15 ers, places, discharges, or detonates an explosive or

16 other lethal device in, into, or against a place of

17 public use, a state or government facility, a public

18 transportation system, or an infrastructure facility—

19 ‘‘(A) with the intent to cause death or seri20 ous bodily injury, or

21 ‘‘(B) with the intent to cause extensive de22 struction of such a place, facility, or system,

23 where such destruction results in or is likely to

24 result in major economic loss, shall be punished

25 as prescribed in subsection (c).

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•HR 3275 IH

1 ‘‘(2) ATTEMPTS AND CONSPIRACIES.—Whoever

2 attempts or conspires to commit an offense under

3 paragraph (1) shall be punished as prescribed in

4 subsection (c).

5 ‘‘(b) JURISDICTION.—There is jurisdiction over the

6 offenses in subsection (a) if—

7 ‘‘(1) the offense takes place in the United

8 States and—

9 ‘‘(A) the offense is committed against an10 other state or a government facility of such

11 state, including its embassy or other diplomatic

12 or consular premises of that state;

13 ‘‘(B) the offense is committed in an at14 tempt to compel another state or the United

15 States to do or abstain from doing any act;

16 ‘‘(C) at the time the offense is committed,

17 it is committed—

18 ‘‘(i) on board a vessel flying the flag

19 of another state;

20 ‘‘(ii) on board an aircraft which is

21 registered under the laws of another state;

22 or

23 ‘‘(iii) on board an aircraft which is op24 erated by the government of another state;

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•HR 3275 IH

1 ‘‘(D) a perpetrator is found outside the

2 United States;

3 ‘‘(E) a perpetrator is a national of another

4 state or a stateless person; or

5 ‘‘(F) a victim is a national of another state

6 or a stateless person;

7 ‘‘(2) the offense takes place outside the United

8 States and—

9 ‘‘(A) a perpetrator is a national of the

10 United States or is a stateless person whose ha11 bitual residence is in the United States;

12 ‘‘(B) a victim is a national of the United

13 States;

14 ‘‘(C) a perpetrator is found in the United

15 States;

16 ‘‘(D) the offense is committed in an at17 tempt to compel the United States to do or ab18 stain from doing any act;

19 ‘‘(E) the offense is committed against a

20 state or government facility of the United

21 States, including an embassy or other diplo22 matic or consular premises of the United

23 States;

24 ‘‘(F) the offense is committed on board a

25 vessel flying the flag of the United States or an

28

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•HR 3275 IH

1 aircraft which is registered under the laws of

2 the United States at the time the offense is

3 committed; or

4 ‘‘(G) the offense is committed on board an

5 aircraft which is operated by the United States.

6 ‘‘(c) PENALTIES.—Whoever violates this section shall

7 be imprisoned for any term of years or for life, and if

8 death results from the violation, shall be punished by

9 death or imprisoned for any term of years or for life.

10 ‘‘(d) EXEMPTIONS TO JURISDICTION.—This section

11 does not apply to—

12 ‘‘(1) the activities of armed forces during an

13 armed conflict, as those terms are understood under

14 the law of war, which are governed by that law,

15 ‘‘(2) activities undertaken by military forces of

16 a state in the exercise of their official duties; or

17 ‘‘(3) offenses committed within the United

18 States, where the alleged offender and the victims

19 are United States citizens and the alleged offender

20 is found in the United States, or where jurisdiction

21 is predicated solely on the nationality of the victims

22 or the alleged offender and the offense has no sub23 stantial effect on interstate or foreign commerce.

24 ‘‘(e) DEFINITIONS.—As used in this section, the

25 term—

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•HR 3275 IH

1 ‘‘(1) ‘serious bodily injury’ has the meaning

2 given that term in section 1365(g)(3) of this title;

3 ‘‘(2) ‘national of the United States’ has the

4 meaning given that term in section 101(a)(22) of

5 the Immigration and Nationality Act (8 U.S.C.

6 1101(a)(22));

7 ‘‘(3) ‘state or government facility’ includes any

8 permanent or temporary facility or conveyance that

9 is used or occupied by representatives of a state,

10 members of Government, the legislature or the judi11 ciary or by officials or employees of a state or any

12 other public authority or entity or by employees or

13 officials of an intergovernmental organization in con14 nection with their official duties;

15 ‘‘(4) ‘intergovernmental organization’ includes

16 international organization (as defined in section

17 1116(b)(5) of this title);

18 ‘‘(5) ‘infrastructure facility’ means any publicly

19 or privately owned facility providing or distributing

20 services for the benefit of the public, such as water,

21 sewage, energy, fuel, or communications;

22 ‘‘(6) ‘place of public use’ means those parts of

23 any building, land, street, waterway, or other loca24 tion that are accessible or open to members of the

25 public, whether continuously, periodically, or occaVerDate 11-MAY-2000 01:23 Nov 30, 2001 Jkt 099006 PO 00000 Frm 00029 Fmt 6659 Sfmt 6601 E:\HR\OC\HR307.XXX pfrm11 PsN: HR307
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•HR 3275 IH

1 sionally, and encompasses any commercial, business,

2 cultural, historical, educational, religious, govern3 mental, entertainment, recreational, or similar place

4 that is so accessible or open to the public;

5 ‘‘(7) ‘public transportation system’ means all

6 facilities, conveyances, and instrumentalities, wheth7 er publicly or privately owned, that are used in or

8 for publicly available services for the transportation

9 of persons or cargo;

10 ‘‘(8) ‘explosive’ has the meaning given in sec11 tion 844(j) of this title insofar that it is designed,

12 or has the capability, to cause death, serious bodily

13 injury, or substantial material damage;

14 ‘‘(9) ‘other legal device’ means any weapon or

15 device that is designed or has the capability to cause

16 death, serious bodily injury, or substantial damage

17 to property through the release, dissemination, or

18 impact of toxic chemicals, biological agents, or toxins

19 (as those terms are defined in section 178 of this

20 title) or radiation or radioactive material;

21 ‘‘(10) ‘military forces of a state’ means the

22 armed forces of a state which are organized, trained,

23 and equipped under its internal law for the primary

24 purpose of national defense or security, and persons

25 acting in support of those armed forces who are

31

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•HR 3275 IH

1 under their formal command, control, and responsi2 bility;

3 ‘‘(11) ‘armed conflict’ does not include internal

4 disturbances and tensions, such as riots, isolated,

5 and sporadic acts of violence, and other acts of a

6 similar nature; and

7 ‘‘(12) ‘state’ has the same meaning as that

8 term has under international law, and includes all

9 political subdivisions thereof.’’.

10 (b) CLERICAL AMENDMENT.—The table of sections

11 at the beginning of chapter 113B of title 18, United

12 States Code, is amended by adding at the end thereof the

13 following:

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

14 (c) DISCLAIMER.—Nothing contained in this section

15 is intended to affect the applicability of any other Federal

16 or State law which might pertain to the underlying con17 duct.

18 SEC. 103. ANCILLARY MEASURES.

19 (a) WIRETAP PREDICATE.—Section 2516(1)(c) of

20 title 18, United States Code, is amended by inserting ‘‘sec21 tion 2332f (relating to bombing of public places and facili22 ties),’’ before ‘‘section 1992 (relating to wrecking trains)’’.

23 (b) STATUTE OF LIMITATIONS EXTENSION.—Section

24 3286 of title 18, United States Code, is amended by inVerDate 11-MAY-2000 01:23 Nov 30, 2001 Jkt 099006 PO 00000 Frm 00031 Fmt 6659 Sfmt 6601 E:\HR\OC\HR307.XXX pfrm11 PsN: HR307
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•HR 3275 IH

1 serting ‘‘section 2332f (bombing of public places and fa2 cilities),’’ before ‘‘or section 2340A (torture)’’.

3 (c) MONEY LAUNDERING PREDICATE.—Section

4 1956(c)(7)(D) of title 18, United States Code, is amended

5 by inserting ‘‘section 2332f (relating to bombing of public

6 places and facilities),’’ after ‘‘section 2332b (relating to

7 international terrorist acts transcending national bound8 aries),’’.

9 (d) PROVIDING MATERIAL SUPPORT TO TERRORISTS

10 PREDICATE.—Section 2339A of title 18, United States

11 Code, is amended by inserting ‘‘2332f,’’ before ‘‘or

12 2340A’’.

13 (e) RICO PREDICATE.—Section 1961(1)(B) of title

14 18, United States Code, is amended by inserting ‘‘section

15 2332f (relating to bombing of public places and facili16 ties),’’ before ‘‘sections 2341–2346 (relating to trafficking

17 in contraband cigarettes)’’.

18 (f) FEDERAL CRIME OF TERRORISM.—Section

19 2332b(g)(5)(B) of title 18, United States Code, is amend20 ed by—

21 (1) inserting ‘‘229 (relating to prohibited activi22 ties involving chemical weapons)’’ after ‘‘175 (relat23 ing to biological weapons),’’;

24 (2) striking ‘‘2332c,’’; and

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•HR 3275 IH

1 (3) inserting ‘‘2332f (relating to bombing of

2 public places and facilities),’’ after ‘‘2332b (relating

3 to acts or terrorism transcending national bound4 aries),’’.

5 SEC. 104. EFFECTIVE DATE.

6 Sections 102 and 103 of this title shall become effec7 tive on the date that the International Convention for the

8 Suppression of Terrorist Bombings enters into force for

9 the United States.

10 TITLE II—SUPPRESSION OF THE

11 FINANCING OF TERRORISM

12 SEC. 201. SHORT TITLE.

13 This title may be cited as the ‘‘Suppression of the

14 Financing of Terrorism Convention Implementation Act

15 of 2001’’.

16 SEC. 202. TERRORISM FINANCING STATUTE.

17 (a) IN GENERAL.—Chapter 113B of title 18, United

18 States Code, relating to terrorism, is amended by adding

19 at the end thereof the following new section:

20 ‘‘§ 2339c. Prohibitions against the financing of ter21 rorism

22 ‘‘(a) OFFENSES.—

23 ‘‘(1) IN GENERAL.—Whoever, in a circumstance

24 described in subsection (c), by any means, directly or

25 indirectly, unlawfully and willfully provides or colVerDate 11-MAY-2000 01:23 Nov 30, 2001 Jkt 099006 PO 00000 Frm 00033 Fmt 6659 Sfmt 6601 E:\HR\OC\HR307.XXX pfrm11 PsN: HR307
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•HR 3275 IH

1 lects funds with the intention that such funds be

2 used, or with the knowledge that such funds are to

3 be used, in full or in part, in order to carry out—

4 ‘‘(A) an act which constitutes an offense

5 within the scope of a treaty specified in sub6 section (e)(7), as implemented by the United

7 States, or

8 ‘‘(B) any other act intended to cause death

9 or serious bodily injury to a civilian, or to any

10 other person not taking an active part in the

11 hostilities in a situation of armed conflict, when

12 the purpose of such act, by its nature or con13 text, is to intimidate a population, or to compel

14 a government or an international organization

15 to do or to abstain from doing any act,

16 shall be punished as prescribed in subsection (d)(1).

17 ‘‘(2) ATTEMPTS AND CONSPIRACIES.—Whoever

18 attempts or conspires to commit an offense under

19 paragraph (1) shall be punished as prescribed in

20 subsection (d)(1).

21 ‘‘(3) RELATIONSHIP TO PREDICATE ACT.—For

22 an act to constitute an offense set forth in this sub23 section, it shall not be necessary that the funds were

24 actually used to carry out a predicate act.

25 ‘‘(b) CONCEALMENT.—

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•HR 3275 IH

1 ‘‘(1) IN GENERAL.—Whoever, in the United

2 States, or outside the United States and a national

3 of the United States or a legal entity organized

4 under the laws of the United States (including any

5 of its States, districts, commonwealths, territories,

6 or possessions), knowingly conceals or disguises the

7 nature, the location, the source, or the ownership or

8 control of any material support or resources pro9 vided in violation of section 2339B of this chapter,

10 or of any funds provided or collected in violation of

11 subsection (a) or any proceeds of such funds, shall

12 be punished as prescribed in subsection (d)(2).

13 ‘‘(2) ATTEMPTS AND CONSPIRACIES.—Whoever

14 attempts or conspires to commit an offense under

15 paragraph (1) shall be punished as prescribed in

16 subsection (d)(2).

17 ‘‘(c) JURISDICTION.—There is jurisdiction over the

18 offenses in subsection (a) in the following circumstances—

19 ‘‘(1) the offense takes place in the United

20 States and—

21 ‘‘(A) a perpetrator was a national of an22 other state or a stateless person;

23 ‘‘(B) on board a vessel flying the flag of

24 another state or an aircraft which is registered

36

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•HR 3275 IH

1 under the laws of another state at the time the

2 offense is committed;

3 ‘‘(C) on board an aircraft which is oper4 ated by the government of another state;

5 ‘‘(D) a perpetrator is found outside the

6 United States;

7 ‘‘(E) was directed toward or resulted in

8 the carrying out of a predicate act against—

9 ‘‘(i) a national of another state; or

10 ‘‘(ii) another state or a government

11 facility of such state, including its embassy

12 or other diplomatic or consular premises of

13 that state;

14 ‘‘(F) was directed toward or resulted in the

15 carrying out of a predicate act committed in an

16 attempt to compel another state or inter17 national organization to do or abstain from

18 doing any act; or

19 ‘‘(G) was directed toward or resulted in

20 the carrying out of a predicate act—

21 ‘‘(i) outside the United States; or

22 ‘‘(ii) within the United States, and ei23 ther the offense or the predicate act was

24 conducted in, or the results thereof af25 fected, interstate or foreign commerce;

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•HR 3275 IH

1 ‘‘(2) the offense takes place outside the United

2 States and—

3 ‘‘(A) a perpetrator is a national of the

4 United States or is a stateless person whose ha5 bitual residence is in the United States;

6 ‘‘(B) a perpetrator is found in the United

7 States; or

8 ‘‘(C) was directed toward or resulted in the

9 carrying out of a predicate act against—

10 ‘‘(i) any property that is owned,

11 leased, or used by the United States or by

12 any department or agency of the United

13 States, including an embassy or other dip14 lomatic or consular premises of the United

15 States;

16 ‘‘(ii) any person or property within

17 the United States;

18 ‘‘(iii) any national of the United

19 States or the property of such national; or

20 ‘‘(iv) any property of any legal entity

21 organized under the laws of the United

22 States, including any of its States, dis23 tricts, commonwealths, territories, or pos24 sessions;

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•HR 3275 IH

1 ‘‘(3) the offense is committed on board a vessel

2 flying the flag of the United States or an aircraft

3 which is registered under the laws of the United

4 States at the time the offense is committed;

5 ‘‘(4) the offense is committed on board an air6 craft which is operated by the United States; or

7 ‘‘(5) the offense was directed toward or resulted

8 in the carrying out of a predicate act committed in

9 an attempt to compel the United States to do or ab10 stain from doing any act.

11 ‘‘(d) PENALTIES.—

12 ‘‘(1) Whoever violates subsection (a) shall be

13 fined under this title, imprisoned for not more than

14 20 years, or both.

15 ‘‘(2) Whoever violates subsection (b) shall be

16 fined under this title, imprisoned for not more than

17 10 years, or both.

18 ‘‘(e) DEFINITIONS.—As used in this section—

19 ‘‘(1) the term ‘funds’ means assets of every

20 kind, whether tangible or intangible, movable or im21 movable, however acquired, and legal documents or

22 instruments in any form, including electronic or dig23 ital, evidencing title to, or interest in, such assets,

24 including coin, currency, bank credits, travelers

39

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•HR 3275 IH

1 checks, bank checks, money orders, shares, securi2 ties, bonds, drafts, and letters of credit;

3 ‘‘(2) the term ‘government facility’ means any

4 permanent or temporary facility or conveyance that

5 is used or occupied by representatives of a state,

6 members of a government, the legislature, or the ju7 diciary, or by officials or employees of a state or any

8 other public authority or entity or by employees or

9 officials of an intergovernmental organization in con10 nection with their official duties;

11 ‘‘(3) the term ‘proceeds’ means any funds de12 rived from or obtained, directly or indirectly,

13 through the commission of an offense set forth in

14 subsection (a);

15 ‘‘(4) the term ‘provides’ includes giving, donat16 ing, and transmitting;

17 ‘‘(5) the term ‘collects’ includes raising and re18 ceiving;

19 ‘‘(6) the term ‘predicate act’ means any act re20 ferred to in subparagraph (A) or (B) of subsection

21 (a)(1);

22 ‘‘(7) the term ‘treaty’ means—

23 ‘‘(A) the Convention for the Suppression of

24 Unlawful Seizure of Aircraft, done at The

25 Hague on December 16, 1970;

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•HR 3275 IH

1 ‘‘(B) the Convention for the Suppression of

2 Unlawful Acts against the Safety of Civil Avia3 tion, done at Montreal on September 23, 1971;

4 ‘‘(C) the Convention on the Prevention and

5 Punishment of Crimes against Internationally

6 Protected Persons, including Diplomatic

7 Agents, adopted by the General Assembly of the

8 United Nations on December 14, 1973;

9 ‘‘(D) the International Convention against

10 the Taking of Hostages, adopted by the General

11 Assembly of the United Nations on December

12 17, 1979;

13 ‘‘(E) the Convention on the Physical Pro14 tection of Nuclear Material, adopted at Vienna

15 on March 3, 1980;

16 ‘‘(F) the Protocol for the Suppression of

17 Unlawful Acts of Violence at Airports Serving

18 International Civil Aviation, supplementary to

19 the Convention for the Suppression of Unlawful

20 Acts against the Safety of Civil Aviation, done

21 at Montreal on February 24, 1988;

22 ‘‘(G) the Convention for the Suppression of

23 Unlawful Acts against the Safety of Maritime

24 Navigation, done at Rome on March 10, 1988;

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•HR 3275 IH

1 ‘‘(H) the Protocol for the Suppression of

2 Unlawful Acts against the Safety of Fixed Plat3 forms located on the Continental Shelf, done at

4 Rome on March 10, 1988; or

5 ‘‘(I) the International Convention for the

6 Suppression of Terrorist Bombings, adopted by

7 the General Assembly of the United Nations on

8 December 15, 1997;

9 ‘‘(8) the term ‘intergovernmental organization’

10 includes international organizations;

11 ‘‘(9) the term ‘international organization’ has

12 the same meaning as in section 1116(b)(5) of this

13 title;

14 ‘‘(10) the term ‘armed conflict’ does not include

15 internal disturbances and tensions, such as riots,

16 isolated and sporadic acts of violence, and other acts

17 of a similar nature;

18 ‘‘(11) the term ‘serious bodily injury’ has the

19 same meaning as in section 1365(g)(3) of this title;

20 ‘‘(12) the term ‘national of the United States’

21 has the meaning given that term in section

22 101(a)(22) of the Immigration and Nationality Act

23 (8 U.S.C. 1101(a)(22)); and

42

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•HR 3275 IH

1 ‘‘(13) the term ‘state’ has the same meaning as

2 that term has under international law, and includes

3 all political subdivisions thereof.

4 ‘‘(f) CIVIL PENALTY.—In addition to any other crimi5 nal, civil, or administrative liability or penalty, any legal

6 entity located within the United States or organized under

7 the laws of the United States, including any of the laws

8 of its States, districts, commonwealths, territories, or pos9 sessions, shall be liable to the United States for the sum

10 of at least $10,000, if a person responsible for the man11 agement or control of that legal entity has, in that capac12 ity, committed an offense set forth in subsection (a).’’.

13 (b) CLERICAL AMENDMENT.—The table of sections

14 at the beginning of chapter 113B of title 18, United

15 States Code, is amended by adding at the end thereof the

16 following:

‘‘2339C. Prohibitions against the financing of terrorism.’’.

17 (c) DISCLAIMER.—Nothing contained in this section

18 is intended to affect the scope or applicability of any other

19 Federal or State law.

20 SEC. 203. ANCILLARY MEASURES.

21 (a) WIRETAP PREDICATE.—Section 2516(1)(c) of

22 title 18, United States Code, is amended by inserting ‘‘sec23 tion 2339A (relating to providing material support to ter24 rorists), section 2339B (relating to providing material

25 support or resources to designated foreign terrorist orgaVerDate 11-MAY-2000 01:23 Nov 30, 2001 Jkt 099006 PO 00000 Frm 00042 Fmt 6659 Sfmt 6601 E:\HR\OC\HR307.XXX pfrm11 PsN: HR307
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1 nizations), section 2339C (relating to financing of ter2 rorism),’’ before ‘‘section 1992 (relating to wrecking

3 trains)’’.

4 (b) STATUTE OF LIMITATIONS EXTENSION.—Section

5 3286 of title 18, United States Code, is amended by in6 serting ‘‘section 2339A (relating to providing material

7 support to terrorists), section 2339B (relating to pro8 viding material support or resources to designated foreign

9 terrorist organizations), section 2339C (relating to financ10 ing of terrorism),’’ before ‘‘or section 2340A (torture)’’.

11 (c) MONEY LAUNDERING PREDICATE.—Section

12 1956(c)(7)(D) of title 18, United States Code, is amended

13 by striking ‘‘or section 2339A (relating to providing mate14 rial support to terrorists)’’ and inserting ‘‘section 2339A

15 (relating to providing material support to terrorists), sec16 tion 2339B (relating to providing material support or re17 sources to designated foreign terrorist organizations), sec18 tion 2339C (relating to financing of terrorism)’’.

19 (d) RICO PREDICATE.—Section 1961(1)(B) of title

20 18, United States Code, is amended by inserting ‘‘section

21 2339A (relating to providing material support to terror22 ists), section 2339B (relating to providing material sup23 port or resources to designated foreign terrorist organiza24 tions), section 2339C (relating to financing of terrorism),’’

44

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1 before ‘‘sections 2341–2346 (relating to trafficking in con2 traband cigarettes)’’.

3 (e) FEDERAL CRIME OF TERRORISM.—Section

4 2332b(g)(5)(B) of title 18, United States Code, is amend5 ed by inserting ‘‘2339C (relating to financing of ter6 rorism),’’ before ‘‘or 2340A (relating to torture)’’.

7 (f) FORFEITURE OF FUNDS, PROCEEDS, AND IN8 STRUMENTALITIES.—Section 981(a)(1) of title 18, United

9 States Code, is amended by adding at the end thereof the

10 following new subparagraph:

11 ‘‘(G) Any property, real or personal, in12 volved in a violation or attempted violation, or

13 which constitutes or is derived from proceeds

14 traceable to a violation, of section 2339C of this

15 title.’’.

16 SEC. 204. EFFECTIVE DATE.

17 Except for sections 2339C(c)(1)(D) and (2)(B) of

18 title 18, United States Code, which shall become effective

19 on the date that the International Convention for the Sup20 pression of the Financing of Terrorism enters into force

21 for the United States, and for the provisions of section

22 2339C(e)(7)(I) of title 18, United States Code, which shall

23 become effective on the date that the International Con24 vention for the Suppression of Terrorist Bombing enters

45

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•HR 3275 IH

1 into force for the United States, sections 202 and 203 of

2 this title shall be effective upon enactment.

Æ

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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 beVerDate 11-MAY-2000 01:23 Nov 30, 2001 Jkt 099006 PO 00000 Frm 00046 Fmt 6659 Sfmt 6601 E:\HR\OC\HR307.XXX pfrm11 PsN: HR307
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cause 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 offiVerDate 11-MAY-2000 01:23 Nov 30, 2001 Jkt 099006 PO 00000 Frm 00047 Fmt 6659 Sfmt 6601 E:\HR\OC\HR307.XXX pfrm11 PsN: HR307
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cials 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:]

55

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.

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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?

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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——

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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.

59

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.]

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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:]

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.

64

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 supVerDate 11-MAY-2000 01:23 Nov 30, 2001 Jkt 099006 PO 00000 Frm 00064 Fmt 6659 Sfmt 6601 E:\HR\OC\HR307.XXX pfrm11 PsN: HR307
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port 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.]

(67)

1Department 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’’). 2See H.R. 3275 § 102(a), 107th Cong., 1st Sess. (proposed 18 U.S.C. § 2332f(c)). 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. 4See, 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).

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

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 (DMA) 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.

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.

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 doVerDate 11-MAY-2000 01:23 Nov 30, 2001 Jkt 099006 PO 00000 Frm 00067 Fmt 6601 Sfmt 6601 E:\HR\OC\HR307.XXX pfrm11 PsN: HR307
68

5DOJ Memorandum, supra.

mestic 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.

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.

Æ