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[House Report 107-307]
[From the U.S. Government Publishing Office]

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
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:

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

    ``(a) Offenses.--
            ``(1) In general.--Whoever unlawfully delivers, places, 
        discharges, or detonates an explosive or other lethal device 
        in, into, or against a place of public use, a state or 
        government facility, a public transportation system, or an 
        infrastructure facility--
                    ``(A) with the intent to cause death or serious 
                bodily injury, or
                    ``(B) with the intent to cause extensive 
                destruction of such a place, facility, or system, where 
                such destruction results in or is likely to result in 
                major economic loss, shall be punished as prescribed in 
                subsection (c).
            ``(2) Attempts and conspiracies.--Whoever attempts or 
        conspires to commit an offense under paragraph (1) shall be 
        punished as prescribed in subsection (c).
    ``(b) Jurisdiction.--There is jurisdiction over the offenses in 
subsection (a) if--
            ``(1) the offense takes place in the United States and--
                    ``(A) the offense is committed against another 
                state or a government facility of such state, including 
                its embassy or other diplomatic or consular premises of 
                that state;
                    ``(B) the offense is committed in an attempt to 
                compel another state or the United States to do or 
                abstain from doing any act;
                    ``(C) at the time the offense is committed, it is 
                committed--
                            ``(i) on board a vessel flying the flag of 
                        another state;
                            ``(ii) on board an aircraft which is 
                        registered under the laws of another state; or
                            ``(iii) on board an aircraft which is 
                        operated by the government of another state;
                    ``(D) a perpetrator is found outside the United 
                States;
                    ``(E) a perpetrator is a national of another state 
                or a stateless person; or
                    ``(F) a victim is a national of another state or a 
                stateless person;
            ``(2) the offense takes place outside the United States 
        and--
                    ``(A) a perpetrator is a national of the United 
                States or is a stateless person whose habitual 
                residence is in the United States;
                    ``(B) a victim is a national of the United States;
                    ``(C) a perpetrator is found in the United States;
                    ``(D) the offense is committed in an attempt to 
                compel the United States to do or abstain from doing 
                any act;
                    ``(E) the offense is committed against a state or 
                government facility of the United States, including an 
                embassy or other diplomatic or consular premises of the 
                United States;
                    ``(F) the offense is committed on board a vessel 
                flying the flag of the United States or an aircraft 
                which is registered under the laws of the United States 
                at the time the offense is committed; or
                    ``(G) the offense is committed on board an aircraft 
                which is operated by the United States.
    ``(c) Penalties.--Whoever violates this section shall be imprisoned 
for any term of years or for life, and if death results from the 
violation, shall be punished by death or imprisoned for any term of 
years or for life.
    ``(d) Exemptions to Jurisdiction.--This section does not apply to--
            ``(1) the activities of armed forces during an armed 
        conflict, as those terms are understood under the law of war, 
        which are governed by that law,
            ``(2) activities undertaken by military forces of a state 
        in the exercise of their official duties; or
            ``(3) offenses committed within the United States, where 
        the alleged offender and the victims are United States citizens 
        and the alleged offender is found in the United States, or 
        where jurisdiction is predicated solely on the nationality of 
        the victims or the alleged offender and the offense has no 
        substantial effect on interstate or foreign commerce.
    ``(e) Definitions.--As used in this section, the term--
            ``(1) `serious bodily injury' has the meaning given that 
        term in section 1365(g)(3) of this title;
            ``(2) `national of the United States' has the meaning given 
        that term in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22));
            ``(3) `state or government facility' includes any permanent 
        or temporary facility or conveyance that is used or occupied by 
        representatives of a state, members of Government, the 
        legislature or the judiciary or by officials or employees of a 
        state or any other public authority or entity or by employees 
        or officials of an intergovernmental organization in connection 
        with their official duties;
            ``(4) `intergovernmental organization' includes 
        international organization (as defined in section 1116(b)(5) of 
        this title);
            ``(5) `infrastructure facility' means any publicly or 
        privately owned facility providing or distributing services for 
        the benefit of the public, such as water, sewage, energy, fuel, 
        or communications;
            ``(6) `place of public use' means those parts of any 
        building, land, street, waterway, or other location that are 
        accessible or open to members of the public, whether 
        continuously, periodically, or occasionally, and encompasses 
        any commercial, business, cultural, historical, educational, 
        religious, governmental, entertainment, recreational, or 
        similar place that is so accessible or open to the public;
            ``(7) `public transportation system' means all facilities, 
        conveyances, and instrumentalities, whether publicly or 
        privately owned, that are used in or for publicly available 
        services for the transportation of persons or cargo;
            ``(8) `explosive' has the meaning given in section 844(j) 
        of this title insofar that it is designed, or has the 
        capability, to cause death, serious bodily injury, or 
        substantial material damage;
            ``(9) `other legal device' means any weapon or device that 
        is designed or has the capability to cause death, serious 
        bodily injury, or substantial damage to property through the 
        release, dissemination, or impact of toxic chemicals, 
        biological agents, or toxins (as those terms are defined in 
        section 178 of this title) or radiation or radioactive 
        material;
            ``(10) `military forces of a state' means the armed forces 
        of a state which are organized, trained, and equipped under its 
        internal law for the primary purpose of national defense or 
        security, and persons acting in support of those armed forces 
        who are under their formal command, control, and 
        responsibility;
            ``(11) `armed conflict' does not include internal 
        disturbances and tensions, such as riots, isolated, and 
        sporadic acts of violence, and other acts of a similar nature; 
        and
            ``(12) `state' has the same meaning as that term has under 
        international law, and includes all political subdivisions 
        thereof.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 113B of title 18, United States Code, is amended by adding 
after the item relating to section 2332e the following:

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

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

SEC. 103. EFFECTIVE DATE.

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

          TITLE II--SUPPRESSION OF THE FINANCING OF TERRORISM

SEC. 201. SHORT TITLE.

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

SEC. 202. TERRORISM FINANCING STATUTE.

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

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

    ``(a) Offenses.--
            ``(1) In general.--Whoever, in a circumstance described in 
        subsection (c), by any means, directly or indirectly, 
        unlawfully and willfully provides or collects funds with the 
        intention that such funds be used, or with the knowledge that 
        such funds are to be used, in full or in part, in order to 
        carry out--
                    ``(A) an act which constitutes an offense within 
                the scope of a treaty specified in subsection (e)(7), 
                as implemented by the United States, or
                    ``(B) any other act intended to cause death or 
                serious bodily injury to a civilian, or to any other 
                person not taking an active part in the hostilities in 
                a situation of armed conflict, when the purpose of such 
                act, by its nature or context, is to intimidate a 
                population, or to compel a government or an 
                international organization to do or to abstain from 
                doing any act,
        shall be punished as prescribed in subsection (d)(1).
            ``(2) Attempts and conspiracies.--Whoever attempts or 
        conspires to commit an offense under paragraph (1) shall be 
        punished as prescribed in subsection (d)(1).
            ``(3) Relationship to predicate act.--For an act to 
        constitute an offense set forth in this subsection, it shall 
        not be necessary that the funds were actually used to carry out 
        a predicate act.
    ``(b) Concealment.--
            ``(1) In General.--Whoever, in the United States, or 
        outside the United States and a national of the United States 
        or a legal entity organized under the laws of the United States 
        (including any of its States, districts, commonwealths, 
        territories, or possessions), knowingly conceals or disguises 
        the nature, the location, the source, or the ownership or 
        control of any material support or resources provided in 
        violation of section 2339B of this chapter, or of any funds 
        provided or collected in violation of subsection (a) or any 
        proceeds of such funds, shall be punished as prescribed in 
        subsection (d)(2).
            ``(2) Attempts and conspiracies.--Whoever attempts or 
        conspires to commit an offense under paragraph (1) shall be 
        punished as prescribed in subsection (d)(2).
    ``(c) Jurisdiction.--There is jurisdiction over the offenses in 
subsection (a) in the following circumstances--
            ``(1) the offense takes place in the United States and--
                    ``(A) a perpetrator was a national of another state 
                or a stateless person;
                    ``(B) on board a vessel flying the flag of another 
                state or an aircraft which is registered under the laws 
                of another state at the time the offense is committed;
                    ``(C) on board an aircraft which is operated by the 
                government of another state;
                    ``(D) a perpetrator is found outside the United 
                States;
                    ``(E) was directed toward or resulted in the 
                carrying out of a predicate act against--
                            ``(i) a national of another state; or
                            ``(ii) another state or a government 
                        facility of such state, including its embassy 
                        or other diplomatic or consular premises of 
                        that state;
                    ``(F) was directed toward or resulted in the 
                carrying out of a predicate act committed in an attempt 
                to compel another state or international organization 
                to do or abstain from doing any act; or
                    ``(G) was directed toward or resulted in the 
                carrying out of a predicate act--
                            ``(i) outside the United States; or
                            ``(ii) within the United States, and either 
                        the offense or the predicate act was conducted 
                        in, or the results thereof affected, interstate 
                        or foreign commerce;
            ``(2) the offense takes place outside the United States 
        and--
                    ``(A) a perpetrator is a national of the United 
                States or is a stateless person whose habitual 
                residence is in the United States;
                    ``(B) a perpetrator is found in the United States; 
                or
                    ``(C) was directed toward or resulted in the 
                carrying out of a predicate act against--
                            ``(i) any property that is owned, leased, 
                        or used by the United States or by any 
                        department or agency of the United States, 
                        including an embassy or other diplomatic or 
                        consular premises of the United States;
                            ``(ii) any person or property within the 
                        United States;
                            ``(iii) any national of the United States 
                        or the property of such national; or
                            ``(iv) any property of any legal entity 
                        organized under the laws of the United States, 
                        including any of its States, districts, 
                        commonwealths, territories, or possessions;
            ``(3) the offense is committed on board a vessel flying the 
        flag of the United States or an aircraft which is registered 
        under the laws of the United States at the time the offense is 
        committed;
            ``(4) the offense is committed on board an aircraft which 
        is operated by the United States; or
            ``(5) the offense was directed toward or resulted in the 
        carrying out of a predicate act committed in an attempt to 
        compel the United States to do or abstain from doing any act.
    ``(d) Penalties.--
            ``(1) Whoever violates subsection (a) shall be fined under 
        this title, imprisoned for not more than 20 years, or both.
            ``(2) Whoever violates subsection (b) shall be fined under 
        this title, imprisoned for not more than 10 years, or both.
    ``(e) Definitions.--As used in this section--
            ``(1) the term `funds' means assets of every kind, whether 
        tangible or intangible, movable or immovable, however acquired, 
        and legal documents or instruments in any form, including 
        electronic or digital, evidencing title to, or interest in, 
        such assets, including coin, currency, bank credits, travelers 
        checks, bank checks, money orders, shares, securities, bonds, 
        drafts, and letters of credit;
            ``(2) the term `government facility' means any permanent or 
        temporary facility or conveyance that is used or occupied by 
        representatives of a state, members of a government, the 
        legislature, or the judiciary, or by officials or employees of 
        a state or any other public authority or entity or by employees 
        or officials of an intergovernmental organization in connection 
        with their official duties;
            ``(3) the term `proceeds' means any funds derived from or 
        obtained, directly or indirectly, through the commission of an 
        offense set forth in subsection (a);
            ``(4) the term `provides' includes giving, donating, and 
        transmitting;
            ``(5) the term `collects' includes raising and receiving;
            ``(6) the term `predicate act' means any act referred to in 
        subparagraph (A) or (B) of subsection (a)(1);
            ``(7) the term `treaty' means--
                    ``(A) the Convention for the Suppression of 
                Unlawful Seizure of Aircraft, done at The Hague on 
                December 16, 1970;
                    ``(B) the Convention for the Suppression of 
                Unlawful Acts against the Safety of Civil Aviation, 
                done at Montreal on September 23, 1971;
                    ``(C) the Convention on the Prevention and 
                Punishment of Crimes against Internationally Protected 
                Persons, including Diplomatic Agents, adopted by the 
                General Assembly of the United Nations on December 14, 
                1973;
                    ``(D) the International Convention against the 
                Taking of Hostages, adopted by the General Assembly of 
                the United Nations on December 17, 1979;
                    ``(E) the Convention on the Physical Protection of 
                Nuclear Material, adopted at Vienna on March 3, 1980;
                    ``(F) the Protocol for the Suppression of Unlawful 
                Acts of Violence at Airports Serving International 
                Civil Aviation, supplementary to the Convention for the 
                Suppression of Unlawful Acts against the Safety of 
                Civil Aviation, done at Montreal on February 24, 1988;
                    ``(G) the Convention for the Suppression of 
                Unlawful Acts against the Safety of Maritime 
                Navigation, done at Rome on March 10, 1988;
                    ``(H) the Protocol for the Suppression of Unlawful 
                Acts against the Safety of Fixed Platforms located on 
                the Continental Shelf, done at Rome on March 10, 1988; 
                or
                    ``(I) the International Convention for the 
                Suppression of Terrorist Bombings, adopted by the 
                General Assembly of the United Nations on December 15, 
                1997;
            ``(8) the term `intergovernmental organization' includes 
        international organizations;
            ``(9) the term `international organization' has the same 
        meaning as in section 1116(b)(5) of this title;
            ``(10) the term `armed conflict' does not include internal 
        disturbances and tensions, such as riots, isolated and sporadic 
        acts of violence, and other acts of a similar nature;
            ``(11) the term `serious bodily injury' has the same 
        meaning as in section 1365(g)(3) of this title;
            ``(12) the term `national of the United States' has the 
        meaning given that term in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and
            ``(13) the term `state' has the same meaning as that term 
        has under international law, and includes all political 
        subdivisions thereof.
    ``(f) Civil Penalty.--In addition to any other criminal, civil, or 
administrative liability or penalty, any legal entity located within 
the United States or organized under the laws of the United States, 
including any of the laws of its States, districts, commonwealths, 
territories, or possessions, shall be liable to the United States for 
the sum of at least $10,000, if a person responsible for the management 
or control of that legal entity has, in that capacity, committed an 
offense set forth in subsection (a).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 113B of title 18, United States Code, is amended by adding at 
the end thereof the following:

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

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

SEC. 203. EFFECTIVE DATE.

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

                     TITLE III--ANCILLARY MEASURES

SEC. 301. ANCILLARY MEASURES.

    (a) Wiretap Predicates.--Section 2516(1)(q) of title 18, United 
States Code, is amended by--
            (1) inserting ``2332f,'' after ``2332d,''; and
            (2) striking ``or 2339B'' and inserting ``2339B, or 
        2339C''.
    (b) Federal Crime of Terrorism.--Section 2332b(g)(5)(B) of title 
18, United States Code, is amended by--
            (1) inserting ``2332f (relating to bombing of public places 
        and facilities),'' after ``2332b (relating to acts of terrorism 
        transcending national boundaries),''; and
            (2) inserting ``2339C (relating to financing of 
        terrorism),'' before ``or 2340A (relating to torture)''.
    (c) Providing Material Support to Terrorists Predicate.--Section 
2339A of title 18, United States Code, is amended by inserting 
``2332f,'' before ``or 2340A''.
    (d) Forfeiture of Funds, Proceeds, and Instrumentalities.--Section 
981(a)(1) of title 18, United States Code, is amended by adding at the 
end thereof the following new subparagraph:
            ``(H) Any property, real or personal, involved in a 
        violation or attempted violation, or which constitutes or is 
        derived from proceeds traceable to a violation, of section 
        2339C of this title.''.

                          Purpose and Summary

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

                Background and Need for the Legislation

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

                                Hearings

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

                        Committee Consideration

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

                         Vote of the Committee

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

                      Committee Oversight Findings

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

                    Performance Goals and Objectives

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

               New Budget Authority and Tax Expenditures

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

               Congressional Budget Office Cost Estimate

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 27, 2001.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3275, a bill to 
implement the International Convention for the Suppression of 
Terrorist Bombings to strengthen criminal laws relating to 
attacks on places of public use, to implement the International 
Convention of the Suppression of the Financing of Terrorism, to 
combat terrorism and defend the nation against terrorist acts, 
and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lanette J. 
Walker, who can be reached at 226-2860.
            Sincerely,
                                  Dan L. Crippen, Director.

Enclosure

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

                   Constitutional Authority Statement

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

               Section-by-Section Analysis and Discussion

              Title I--Suppression of Terrorist Bombings.

Section 101. Short Title
    This title may be cited as ``The Terrorist Bombings 
Convention Implementation Act of 2001''
Section 102. Bombing Statute
    This section of the bill adds a new section, 18 U.S.C. 
Sec. 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 (Sec. 2332f(a)-(e)) which 
are described below.
    Subsection 2332f(a) makes it a crime to unlawfully deliver, 
place, discharge or detonate an explosive or other lethal 
device in, into or against a place of public use, a State or 
government facility, a public transportation system or an 
infrastructure facility with intent to cause death or serious 
bodily injury, or with the intent to cause extensive 
destruction of such a place, facility or system, where such 
destruction results in or is likely to result in major economic 
loss. Conspiracy and attempts to commit these crimes are also 
criminalized. This provision implements article 2, paragraphs 
1, 2 and 3 of the Convention. It should be noted that Section 
2339A of title 18, United States Code, which is amended by 
section 3(d) of the bill, also addresses the provision of 
material support for such offenses.
    The inclusion of the term ``unlawfully'' in Subsection 
2332f(a), and mirrored in article 2 of the Convention defining 
the offenses, is intended to embody what would be considered 
under U.S. law as common law defenses. For purposes of 
Subsection 2332f(a), whether a person acts ``unlawfully'' will 
depend on whether he is acting within the scope of authority 
recognized under and consistent with existing U.S. law, which 
reflects international law principles, such as self defense or 
lawful use of force by police authorities. This language is not 
to be construed as permitting the assertion, as a defense to 
prosecution under Section 2332f, that a person purportedly 
acted under authority conveyed by any particular foreign 
government or official. Clearly such a construction, which 
would exempt State-sponsored terrorism, would be at odds with 
the purpose of the Convention and this implementing 
legislation.
    With respect to the provision regarding the delivery, 
placing, discharging or detonating of an explosive or lethal 
device with the intent to cause extensive destruction of the 
described place, facility or system, it is sufficient if the 
intent is to significantly damage such a place, facility or 
system. Further, for the purpose of Subsection 2332f(a), when 
determining whether the act resulted in, or was likely to 
result in major economic loss, the physical damage to the 
targeted facility may be considered, as well as other types of 
economic loss including, but not limited to, the monetary loss 
or other adverse effects resulting from the interruption of its 
activities. The adverse effects on non-targeted entities and 
individuals, the economy and the government may also be 
considered in this determination.
    Subsection 2332f(b) delineates the jurisdictional bases for 
the covered offenses and includes jurisdiction over 
perpetrators of offenses abroad who are subsequently found 
within the United States. This provision implements a crucial 
element of the Convention which requires all State Parties to 
either extradite or prosecute perpetrators of offenses covered 
by the Convention (article 8(1)) who are found within the 
jurisdiction of a State Party. While current Federal or state 
criminal laws encompass all the activity prohibited by the 
Convention which occurs within the United States, Subsection 
(b)(1) ensures Federal jurisdiction where there is a unique 
Federal interest, e.g., a foreign government is the victim of 
the crime or the offense is committed in an attempt to compel 
the United States to do or abstain from doing any act.
    Subsection 2332f(c) delineates the penalties for committing 
the covered crimes, to wit, a term of years or life, and, if 
death results from the violation, punishment by death or 
imprisonment for any term of years or life.
    Subsection 2332f(d) delineates certain exemptions to 
jurisdiction as set forth in the Convention. The subsection 
exempts from jurisdiction activities of armed forces during an 
armed conflict, as those terms are understood under the law of 
war, which are governed by that law, and activities undertaken 
by military forces of a State in the exercise of their official 
duties. It is anticipated that courts, when interpreting and 
applying Subsection (d), will solicit the views of the 
Executive Branch on whether the activities at issue were 
conducted by armed forces during armed conflict, as those terms 
are understood under the law of war, or whether the activities 
at issue were undertaken by military forces of a State in the 
exercise of their official duties. See United States v. Shakur, 
690 F. Supp. 1291 (S.D.N.Y. 1988).
    Subsection 2332f(e) contains definitions of twelve terms 
that are used in the new law. Six of those definitions (``State 
or government facility,'' ``infrastructure facility,'' ``place 
of public use,'' ``public transportation system,'' ``other 
lethal device,'' and ``military forces of a State'') are the 
same definitions used in the Convention. Four additional 
definitions (``serious bodily injury,'' ``explosive,'' 
``national of the United States,'' and ``intergovernmental 
organization'') are definitions which already exist in other 
U.S. statutes. One of those definitions (``armed conflict'') is 
defined consistent with an international instrument relating to 
the law of war, and a U.S. Understanding to the Convention 
which is recommended to be made at the time of U.S. 
ratification. The final term, ``State,'' has the same meaning 
as that term has under international law.
    Section 102(b) amends the analysis for chapter 113B of 
title 18, United States Code, by inserting therein the caption 
for the new Section 2332f. Section 102(c) reflects that new 
Section 2332f supplements existing Federal and state laws and 
does not affect or supplant any of them.
Section 104. Effective Date
    Section 102 of this title shall become effective on the 
date that the International Convention for the Suppression of 
Terrorist Bombings enters into force for the United States.

          Title II--Suppression of the Financing of Terrorism

Section 201. Short Title
    This title may be cited as ``The Suppression of the 
Financing of Terrorism Convention Implementation Act of 2001.''
Section 202. Terrorism Financing Statute
    This section of the bill adds a new section, 18 U.S.C. 
Sec. 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 (Sec. 2339C(a)-(f)) which 
are described below.
    Subsection 2339C(a) makes it a crime to directly or 
indirectly, unlawfully and willfully provide or collect funds 
with the intention that such funds be used, or with the 
knowledge that such funds are to be used, in full or in part, 
in order to carry out an act which constitutes an offense 
within the scope of certain terrorism treaties, as implemented 
by the United States, or any other act intended to cause death 
or serious bodily injury to a civilian, or to any other person 
not taking an active part in the hostilities in a situation of 
armed conflict, when the purpose of such act, by its nature or 
context, is to intimidate a population, or to compel a 
government or an international organization to do or to abstain 
from doing any act. The term ``unlawfully'' is intended to 
embody common law defenses. The term ``willfully'' means 
voluntary or intentional. Conspiracy and attempts to commit 
these crimes are also criminalized. Subsection 2339C(a)(3) 
states, as contained in article 2, paragraph 3, of the 
Convention, that a violation of Section 2339C(a) does not 
require that the funds which are provided or collected actually 
be used to carry out an act referred to in subparagraph (A) or 
(B) of subsection 2339C(a)(1). Section 2339C(a) implements 
article 2, paragraphs 1, 3, 4 and 5 of the Convention.
    Subsection 2339C(b) creates an offense for concealing or 
disguising the nature, the location, the source, or the 
ownership or control of any funds or proceeds provided or 
collected under Section 2339C, as well as any material support 
or resources provided under Section 2339B, by any person or 
legal entity within the United States and by any United States 
national or legal entity created under U.S. law anywhere in the 
world. This provision goes beyond what was required by the 
Convention, but would enhance the ability of U.S. law 
enforcement authorities to combat the supply of financing to 
terrorists and their organizations.
    Subsection 2339C(c) delineates the jurisdictional bases for 
the covered offenses under Section 2339C(a) and includes 
jurisdiction over perpetrators of offenses abroad who are 
subsequently found within the United States. This provision 
implements a crucial element of the Convention which requires 
all State Parties to either extradite or prosecute perpetrators 
of offenses covered by the Convention (article 10) who are 
found within the territory of a State Party. The structure of 
this provision is designed to accommodate the structure of the 
Convention. Article 7 of the Convention sets forth both 
mandatory and permissive bases of jurisdiction, from which 
article 3 excludes certain offenses that lack an international 
nexus. Some sections, however, such as, for example, Subsection 
2339(C)(c), go beyond the jurisdictional bases required or 
expressly permitted under article 7, paragraphs 1 and 2, of the 
Convention, as limited by article 3, where expanded 
jurisdiction is desirable from a policy perspective and is 
consistent with the Constitution.
    Subsection 2332f(d)(1) delineates the penalties for 
committing the covered crimes under Subsection 2339C(a), to 
wit, a fine under title 18, United States Code, imprisonment 
for not more than 20 years, or both. This penalty is consistent 
with those under current law relating to money laundering 
offenses. See 18 U.S.C. Sec. 1956. Subsection 2332f(d)(2) 
delineates the penalties for committing the covered crimes 
under Subsection 2339C(b), to wit, a fine under title 18, 
United States Code, imprisonment for not more than 10 years, or 
both.
    Subsection 2339C(e) contains thirteen definitions of terms 
that are used in the new law. Two of those definitions 
(``government facility,'' and ``proceeds'') are the same 
definitions used in the Convention. The definition for 
``funds'' is identical to that contained in the Convention with 
the exception that coins and currency are expressly mentioned 
as money is certainly a type of funds obviously contemplated by 
the Convention. The definitions for ``provides'' and 
``collects'' reflect the broad scope of the Convention. The 
definition for ``predicate acts'' specifies the activity for 
which the funds were being provided or collected. These are the 
acts referred to in subparagraphs (A) or (B) of Section 
2339C(a)(1). The definition of ``treaty'' sets forth the nine 
international conventions dealing with counterterrorism found 
in the Annex to the Convention. In construing the scope of 
these treaties, the court is to look to the description or 
definition of the treaty's provisions as reflected in United 
States law without regard to the particular jurisdictional 
provision in the implementing law. The term ``intergovernmental 
organization,'' which is used in the Convention, is 
specifically defined to make clear that it contains within its 
ambit existing international organizations. The definitions for 
``international organization,'' ``serious bodily injury,'' and 
``national of the United States'' incorporate definitions for 
those terms which already exist in other U.S. statutes. One of 
the definitions (``armed conflict'') is defined consistent with 
international instruments relating to the law of war. The final 
term, ``State,'' has the same meaning as that term has under 
international law.
    Subsection 2339C(f) creates a civil penalty of at least 
$10,000 payable to the United States, against any legal entity 
in the United States, or organized under the laws of the United 
States, including any of its states, district, commonwealths, 
territories, or possessions, if any person responsible for the 
management or control of that legal entity has, in that 
capacity, committed an offense set forth in Subsection 
2339C(a). There does not have to be a conviction of such person 
under Subsection 2339C(a) to impose the civil penalty against 
the legal entity. In determining the size of the penalty, the 
court should consider the legal entity's net worth, the volume 
of business it transacts, its ability to pay, the amount of the 
transaction involved in the Subsection 2339C(a) offense, and 
the nature of the predicate act. This civil penalty is in 
addition to any other criminal, civil, or administrative 
liability or penalty allowable under United States law. 
Subsection 2339C(f) fulfills article 5 of the Convention.
    Section 202(b) amends the analysis for chapter 113B of 
title 18, United States Code, by inserting therein the caption 
for the new Section 2339C. Section 202(c) reflects that new 
Section 2339C supplements existing Federal and state laws and 
does not affect or supplant any of them.
Section 204. Effective Date
    Section 202 of this title shall be effective upon 
enactment. Except, the provisions of 18 U.S.C. 
Sec. 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. Sec. Sec. 2332f and 2339C to four existing provisions of 
law. Sections 2332f and 2339C are made predicates under the 
wiretap statute (18 U.S.C. Sec. 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. 
Sec. 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. Sec. 2339A) and the statute related to 
the forfeiture of funds, proceeds and instrumentalities (18 
U.S.C. Sec. 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

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                        CHAPTER 46--FORFEITURE

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Sec. 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.

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                        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.

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Sec. 2332b. Acts of terrorism transcending national boundaries

    (a) * * *

           *       *       *       *       *       *       *

    (g) Definitions.--As used in this section--
            (1) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

    (a) Offenses.--
            (1) In general.--Whoever unlawfully delivers, 
        places, discharges, or detonates an explosive or other 
        lethal device in, into, or against a place of public 
        use, a state or government facility, a public 
        transportation system, or an infrastructure facility--
                    (A) with the intent to cause death or 
                serious bodily injury, or
                    (B) with the intent to cause extensive 
                destruction of such a place, facility, or 
                system, where such destruction results in or is 
                likely to result in major economic loss, shall 
                be punished as prescribed in subsection (c).
            (2) Attempts and conspiracies.--Whoever attempts or 
        conspires to commit an offense under paragraph (1) 
        shall be punished as prescribed in subsection (c).
    (b) Jurisdiction.--There is jurisdiction over the offenses 
in subsection (a) if--
            (1) the offense takes place in the United States 
        and--
                    (A) the offense is committed against 
                another state or a government facility of such 
                state, including its embassy or other 
                diplomatic or consular premises of that state;
                    (B) the offense is committed in an attempt 
                to compel another state or the United States to 
                do or abstain from doing any act;
                    (C) at the time the offense is committed, 
                it is committed--
                            (i) on board a vessel flying the 
                        flag of another state;
                            (ii) on board an aircraft which is 
                        registered under the laws of another 
                        state; or
                            (iii) on board an aircraft which is 
                        operated by the government of another 
                        state;
                    (D) a perpetrator is found outside the 
                United States;
                    (E) a perpetrator is a national of another 
                state or a stateless person; or
                    (F) a victim is a national of another state 
                or a stateless person;
            (2) the offense takes place outside the United 
        States and--
                    (A) a perpetrator is a national of the 
                United States or is a stateless person whose 
                habitual residence is in the United States;
                    (B) a victim is a national of the United 
                States;
                    (C) a perpetrator is found in the United 
                States;
                    (D) the offense is committed in an attempt 
                to compel the United States to do or abstain 
                from doing any act;
                    (E) the offense is committed against a 
                state or government facility of the United 
                States, including an embassy or other 
                diplomatic or consular premises of the United 
                States;
                    (F) the offense is committed on board a 
                vessel flying the flag of the United States or 
                an aircraft which is registered under the laws 
                of the United States at the time the offense is 
                committed; or
                    (G) the offense is committed on board an 
                aircraft which is operated by the United 
                States.
    (c) Penalties.--Whoever violates this section shall be 
imprisoned for any term of years or for life, and if death 
results from the violation, shall be punished by death or 
imprisoned for any term of years or for life.
    (d) Exemptions to Jurisdiction.--This section does not 
apply to--
            (1) the activities of armed forces during an armed 
        conflict, as those terms are understood under the law 
        of war, which are governed by that law,
            (2) activities undertaken by military forces of a 
        state in the exercise of their official duties; or
            (3) offenses committed within the United States, 
        where the alleged offender and the victims are United 
        States citizens and the alleged offender is found in 
        the United States, or where jurisdiction is predicated 
        solely on the nationality of the victims or the alleged 
        offender and the offense has no substantial effect on 
        interstate or foreign commerce.
    (e) Definitions.--As used in this section, the term--
            (1) ``serious bodily injury'' has the meaning given 
        that term in section 1365(g)(3) of this title;
            (2) ``national of the United States'' has the 
        meaning given that term in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
            (3) ``state or government facility'' includes any 
        permanent or temporary facility or conveyance that is 
        used or occupied by representatives of a state, members 
        of Government, the legislature or the judiciary or by 
        officials or employees of a state or any other public 
        authority or entity or by employees or officials of an 
        intergovernmental organization in connection with their 
        official duties;
            (4) ``intergovernmental organization'' includes 
        international organization (as defined in section 
        1116(b)(5) of this title);
            (5) ``infrastructure facility'' means any publicly 
        or privately owned facility providing or distributing 
        services for the benefit of the public, such as water, 
        sewage, energy, fuel, or communications;
            (6) ``place of public use'' means those parts of 
        any building, land, street, waterway, or other location 
        that are accessible or open to members of the public, 
        whether continuously, periodically, or occasionally, 
        and encompasses any commercial, business, cultural, 
        historical, educational, religious, governmental, 
        entertainment, recreational, or similar place that is 
        so accessible or open to the public;
            (7) ``public transportation system'' means all 
        facilities, conveyances, and instrumentalities, whether 
        publicly or privately owned, that are used in or for 
        publicly available services for the transportation of 
        persons or cargo;
            (8) ``explosive'' has the meaning given in section 
        844(j) of this title insofar that it is designed, or 
        has the capability, to cause death, serious bodily 
        injury, or substantial material damage;
            (9) ``other legal device'' means any weapon or 
        device that is designed or has the capability to cause 
        death, serious bodily injury, or substantial damage to 
        property through the release, dissemination, or impact 
        of toxic chemicals, biological agents, or toxins (as 
        those terms are defined in section 178 of this title) 
        or radiation or radioactive material;
            (10) ``military forces of a state'' means the armed 
        forces of a state which are organized, trained, and 
        equipped under its internal law for the primary purpose 
        of national defense or security, and persons acting in 
        support of those armed forces who are under their 
        formal command, control, and responsibility;
            (11) ``armed conflict'' does not include internal 
        disturbances and tensions, such as riots, isolated, and 
        sporadic acts of violence, and other acts of a similar 
        nature; and
            (12) ``state'' has the same meaning as that term 
        has under international law, and includes all political 
        subdivisions thereof.

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Sec. 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.

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Sec. 2339C. Prohibitions against the financing of terrorism

    (a) Offenses.--
            (1) In general.--Whoever, in a circumstance 
        described in subsection (c), by any means, directly or 
        indirectly, unlawfully and willfully provides or 
        collects funds with the intention that such funds be 
        used, or with the knowledge that such funds are to be 
        used, in full or in part, in order to carry out--
                    (A) an act which constitutes an offense 
                within the scope of a treaty specified in 
                subsection (e)(7), as implemented by the United 
                States, or
                    (B) any other act intended to cause death 
                or serious bodily injury to a civilian, or to 
                any other person not taking an active part in 
                the hostilities in a situation of armed 
                conflict, when the purpose of such act, by its 
                nature or context, is to intimidate a 
                population, or to compel a government or an 
                international organization to do or to abstain 
                from doing any act,
        shall be punished as prescribed in subsection (d)(1).
            (2) Attempts and conspiracies.--Whoever attempts or 
        conspires to commit an offense under paragraph (1) 
        shall be punished as prescribed in subsection (d)(1).
            (3) Relationship to predicate act.--For an act to 
        constitute an offense set forth in this subsection, it 
        shall not be necessary that the funds were actually 
        used to carry out a predicate act.
    (b) Concealment.--
            (1) In General.--Whoever, in the United States, or 
        outside the United States and a national of the United 
        States or a legal entity organized under the laws of 
        the United States (including any of its States, 
        districts, commonwealths, territories, or possessions), 
        knowingly conceals or disguises the nature, the 
        location, the source, or the ownership or control of 
        any material support or resources provided in violation 
        of section 2339B of this chapter, or of any funds 
        provided or collected in violation of subsection (a) or 
        any proceeds of such funds, shall be punished as 
        prescribed in subsection (d)(2).
            (2) Attempts and conspiracies.--Whoever attempts or 
        conspires to commit an offense under paragraph (1) 
        shall be punished as prescribed in subsection (d)(2).
    (c) Jurisdiction.--There is jurisdiction over the offenses 
in subsection (a) in the following circumstances--
            (1) the offense takes place in the United States 
        and--
                    (A) a perpetrator was a national of another 
                state or a stateless person;
                    (B) on board a vessel flying the flag of 
                another state or an aircraft which is 
                registered under the laws of another state at 
                the time the offense is committed;
                    (C) on board an aircraft which is operated 
                by the government of another state;
                    (D) a perpetrator is found outside the 
                United States;
                    (E) was directed toward or resulted in the 
                carrying out of a predicate act against--
                            (i) a national of another state; or
                            (ii) another state or a government 
                        facility of such state, including its 
                        embassy or other diplomatic or consular 
                        premises of that state;
                    (F) was directed toward or resulted in the 
                carrying out of a predicate act committed in an 
                attempt to compel another state or 
                international organization to do or abstain 
                from doing any act; or
                    (G) was directed toward or resulted in the 
                carrying out of a predicate act--
                            (i) outside the United States; or
                            (ii) within the United States, and 
                        either the offense or the predicate act 
                        was conducted in, or the results 
                        thereof affected, interstate or foreign 
                        commerce;
            (2) the offense takes place outside the United 
        States and--
                    (A) a perpetrator is a national of the 
                United States or is a stateless person whose 
                habitual residence is in the United States;
                    (B) a perpetrator is found in the United 
                States; or
                    (C) was directed toward or resulted in the 
                carrying out of a predicate act against--
                            (i) any property that is owned, 
                        leased, or used by the United States or 
                        by any department or agency of the 
                        United States, including an embassy or 
                        other diplomatic or consular premises 
                        of the United States;
                            (ii) any person or property within 
                        the United States;
                            (iii) any national of the United 
                        States or the property of such 
                        national; or
                            (iv) any property of any legal 
                        entity organized under the laws of the 
                        United States, including any of its 
                        States, districts, commonwealths, 
                        territories, or possessions;
            (3) the offense is committed on board a vessel 
        flying the flag of the United States or an aircraft 
        which is registered under the laws of the United States 
        at the time the offense is committed;
            (4) the offense is committed on board an aircraft 
        which is operated by the United States; or
            (5) the offense was directed toward or resulted in 
        the carrying out of a predicate act committed in an 
        attempt to compel the United States to do or abstain 
        from doing any act.
    (d) Penalties.--
            (1) Whoever violates subsection (a) shall be fined 
        under this title, imprisoned for not more than 20 
        years, or both.
            (2) Whoever violates subsection (b) shall be fined 
        under this title, imprisoned for not more than 10 
        years, or both.
    (e) Definitions.--As used in this section--
            (1) the term ``funds'' means assets of every kind, 
        whether tangible or intangible, movable or immovable, 
        however acquired, and legal documents or instruments in 
        any form, including electronic or digital, evidencing 
        title to, or interest in, such assets, including coin, 
        currency, bank credits, travelers checks, bank checks, 
        money orders, shares, securities, bonds, drafts, and 
        letters of credit;
            (2) the term ``government facility'' means any 
        permanent or temporary facility or conveyance that is 
        used or occupied by representatives of a state, members 
        of a government, the legislature, or the judiciary, or 
        by officials or employees of a state or any other 
        public authority or entity or by employees or officials 
        of an intergovernmental organization in connection with 
        their official duties;
            (3) the term ``proceeds'' means any funds derived 
        from or obtained, directly or indirectly, through the 
        commission of an offense set forth in subsection (a);
            (4) the term ``provides'' includes giving, 
        donating, and transmitting;
            (5) the term ``collects'' includes raising and 
        receiving;
            (6) the term ``predicate act'' means any act 
        referred to in subparagraph (A) or (B) of subsection 
        (a)(1);
            (7) the term ``treaty'' means--
                    (A) the Convention for the Suppression of 
                Unlawful Seizure of Aircraft, done at The Hague 
                on December 16, 1970;
                    (B) the Convention for the Suppression of 
                Unlawful Acts against the Safety of Civil 
                Aviation, done at Montreal on September 23, 
                1971;
                    (C) the Convention on the Prevention and 
                Punishment of Crimes against Internationally 
                Protected Persons, including Diplomatic Agents, 
                adopted by the General Assembly of the United 
                Nations on December 14, 1973;
                    (D) the International Convention against 
                the Taking of Hostages, adopted by the General 
                Assembly of the United Nations on December 17, 
                1979;
                    (E) the Convention on the Physical 
                Protection of Nuclear Material, adopted at 
                Vienna on March 3, 1980;
                    (F) the Protocol for the Suppression of 
                Unlawful Acts of Violence at Airports Serving 
                International Civil Aviation, supplementary to 
                the Convention for the Suppression of Unlawful 
                Acts against the Safety of Civil Aviation, done 
                at Montreal on February 24, 1988;
                    (G) the Convention for the Suppression of 
                Unlawful Acts against the Safety of Maritime 
                Navigation, done at Rome on March 10, 1988;
                    (H) the Protocol for the Suppression of 
                Unlawful Acts against the Safety of Fixed 
                Platforms located on the Continental Shelf, 
                done at Rome on March 10, 1988; or
                    (I) the International Convention for the 
                Suppression of Terrorist Bombings, adopted by 
                the General Assembly of the United Nations on 
                December 15, 1997;
            (8) the term ``intergovernmental organization'' 
        includes international organizations;
            (9) the term ``international organization'' has the 
        same meaning as in section 1116(b)(5) of this title;
            (10) the term ``armed conflict'' does not include 
        internal disturbances and tensions, such as riots, 
        isolated and sporadic acts of violence, and other acts 
        of a similar nature;
            (11) the term ``serious bodily injury'' has the 
        same meaning as in section 1365(g)(3) of this title;
            (12) the term ``national of the United States'' has 
        the meaning given that term in section 101(a)(22) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(22)); and
            (13) the term ``state'' has the same meaning as 
        that term has under international law, and includes all 
        political subdivisions thereof.
    (f) Civil Penalty.--In addition to any other criminal, 
civil, or administrative liability or penalty, any legal entity 
located within the United States or organized under the laws of 
the United States, including any of the laws of its States, 
districts, commonwealths, territories, or possessions, shall be 
liable to the United States for the sum of at least $10,000, if 
a person responsible for the management or control of that 
legal entity has, in that capacity, committed an offense set 
forth in subsection (a).

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

Sec. 2516. Authorization for interception of wire, oral, or electronic 
                    communications

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

                           Markup Transcript

                            BUSINESS MEETING

                      THURSDAY, NOVEMBER 15, 2001

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:10 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. (Chairman of the Committee) presiding.
    Chairman Sensenbrenner. The Committee will be in order.
    The last item on the agenda is the adoption of H.R. 3275, 
the implementation legislation for the International Convention 
for the Suppression of Financing of Terrorism.
    The Chair recognizes the gentleman from Texas, Mr. Smith, 
the Chairman of the Subcommittee on Crime.
    Mr. Smith. Thank you, Mr. Chairman.
    Mr. Chairman, the Subcommittee on Crime reports favorably 
the bill H.R. 3275 and moves its favorable recommendation in 
the full House.
    Chairman Sensenbrenner. Without objection, H.R. 3275 will 
be considered as read and open for amendment at any point.
    [The bill, H.R. 3275, follows:]
      
      

  

    Chairman Sensenbrenner. The Chair recognizes the gentleman 
from Texas, Mr. Smith, to strike the last word.
    Mr. Smith. Mr. Chairman, international terrorism once 
threatened Americans only when they were outside our country. 
Today every American must live their life conscious of the fact 
that the war on terrorism is being fought not only in other 
countries but also in our own.
    International cooperation is one way to defeat terrorism 
and is critically important to our success.
    Mr. Chairman, H.R. 3275 is bipartisan legislation. Both 
treaties were drafted and initiated by the Clinton 
Administration and are now strongly supported by the Bush 
Administration.
    The first treaty, the International Convention for the 
Suppression of Terrorist Bombings, was drafted by the United 
States in the wake of the bombing attack of the U.S. military 
personnel in Saudi Arabia in 1996. This treaty creates 
international jurisdiction over the unlawful and intentional 
use of explosives and other lethal devises at public places 
with the intent to kill or cause serious bodily injury or with 
intent to cause the extensive destruction of the public place 
itself.
    The treaty requires nations to extradite or submit for 
prosecution persons accused of committing or aiding such 
offenses. Thirty-seven nations are currently party to the 
convention, which became effective internationally on May 23rd, 
2001.
    The second treaty is the International Convention for the 
Suppression of Financing of Terrorism drafted in 1999. This 
convention imposes binding legal obligations upon nations 
either to submit for prosecution or to extradite any person 
within their jurisdiction who unlawfully and willfully provides 
or collects funds with the intention that they be used to carry 
out terrorist activities.
    Nations also are required to take appropriate steps for the 
detection, freezing, seizure, or forfeiture of any funds used 
or allocated for the purposes of committing terrorist acts.
    By approving this legislation, we will avoid any delay in 
implementing these treaties once they have been ratified by the 
Senate.
    Some might oppose this legislation because the bill 
provides for the possibility of the death penalty for those 
international terrorists who blow up public buildings and kill 
innocent people. Others might be opposed because these new 
terrorist laws would be added as predicate offenses to our laws 
on wiretaps, money laundering, and material support for 
terrorism. However, we already have laws in place that provide 
the death penalty for terrorists that murder innocent 
civilians, so the provisions of this bill are consistent with 
current law. Furthermore, this bill amends current laws against 
terrorists simply to include crimes of terrorist bombings and 
financing terrorism.
    Some concern was expressed at the hearing on this bill that 
there may be other laws already enacted that could cover the 
terrorist activities this bill focuses on. While there may be 
some overlap of current law with the crimes set forth in this 
bill, Assistant Attorney General Michael Chertoff testified 
that the bill does plug important and serious gaps in our 
criminal code.
    As Mr. Chertoff stated: These are serious crimes that we 
should be able to attack from multiple ways. We should not shy 
away from plugging gaps for crimes that involve terrorist 
bombings simply because there may be some other related 
criminal statute in place when we can enact a criminal law that 
is exactly on point.
    Changing or delaying these conventions could handcuff our 
law enforcement officers in their efforts to bring terrorists 
to justices. These treaties, once they are ratified and 
implemented, will expand the legal framework for international 
cooperation in the investigation, prosecution, and extradition 
of persons who engage in bombings and financially support 
terrorist organizations.
    Mr. Chairman, at a time when other nations are being asked 
to support our coalition efforts, we should act promptly to 
join them in these treaties to fight international terrorism.
    I yield back the balance of my time.
    Chairman Sensenbrenner. The gentleman from Virginia, Mr. 
Scott.
    Mr. Scott. Thank you, Mr. Chairman.
    Mr. Chairman, I am in favor of the United States ratifying 
the International Convention for the Suppression of Terrorist 
Bombing and the International Convention for the Suppression of 
the Financing of Terrorism, but I am opposed to H.R. 3275, the 
implementing legislation, in its current form.
    There are numerous controversial provisions in the bill, 
such as death penalties, which are not necessary to implement 
the treaties. If we could focus our attention on just doing 
what is needed to implement the treaties, I am sure that we 
could do so quickly and unanimously.
    These treaties have been pending for some time, so I 
applaud the President's decision to seek their ratification. 
However, I am concerned that right on the heels of hurriedly 
enacting into law an anti-terrorism bill laden down with severe 
penalties and severe intrusions into traditional civil 
liberties, we are now being asked to enact--again in a hurry--
yet another such bill.
    The anti-terrorism bill we just enacted was represented by 
the Administration as a comprehensive anti-terrorism bill 
designed to cover the full gamut of terroristic threats to this 
country. Upon that representation, unprecedented extensions of 
wiretap, RICO, asset seizures, and punishments were enacted 
into law. Many of them had nothing to do with terrorism.
    Because we are not sure how these intrusive measures would 
play out, the bill this Committee passed unanimously placed a 
2-year sunset on these provisions, and the bill finally was 
adopted with a 4-year sunset.
    The bill before us provides for further extensions of these 
drastic measures, and even goes further by adding additional 
death penalty provisions with no sunset or other type of 
review.
    The Justice Department has made it clear that these 
measures are not required for ratification of treaties that 
have been pending before the Senate for over a year. The part 
of the bill that addresses what is required is not 
controversial. But it seems that much of it is duplicative of 
existing law.
    The Department of Justice, for example, insists that it 
needs the bill because there is a gap in the law when someone 
bombs a foreign embassy in the United States.
    Now, Members of the Committee, let's be serious. If 
somebody blows up an embassy in downtown D.C. and law 
enforcement officials can't figure out how to charge a crime 
under existing law, we've got more problems than this bill will 
cure.
    Of particular concern is the death penalty, which can't be 
necessary because other countries who are signatories to the 
treaties don't have any death penalties at all.
    So, Mr. Chairman, we should separate what is required and 
not controversial from what is controversial and not required, 
so we can pass a bill with broad support, as we did with the 
anti-terrorism bill. If more is desired, let's discuss in that 
in a separate bill.
    Now, I understand that the gentleman from Texas will have 
an amendment which addresses some of these concerns, and I look 
forward to consideration of that amendment.
    Thank you, Mr. Chairman.
    Chairman Sensenbrenner. Without objection, all Members 
opening statements will be inserted in the record at this 
point.
    [The statement of Mr. Conyers follows:]
Prepared Statement of the Honorable John Conyers, Jr., a Representative 
                 in Congress From the State of Michigan
    I rise in support of this amendment, which strikes the death 
penalty as a punishment under this legislation. This legislation is not 
the appropriate time or vehicle for expanding use of the death penalty 
in this country. Simply put, the death penalty should not be expanded; 
it has raised numerous concerns because of its questionable 
constitutionality and the manner in which it is implemented.
    As practiced in this country, the death penalty violates not only 
the Eighth Amendment prohibition against cruel and unusual punishment 
but also the Sixth Amendment guarantee of right to counsel. A Columbia 
University study showed that two out of three death penalty convictions 
between 1973 and 1995 were overturned on appeal, largely because of 
incompetent counsel. Many lawyers appointed to death penalty cases 
simply have no experience whatsoever with capital offenses. We simply 
are not complying with the Sixth Amendment in a situation where 
defendants' lives are dependent upon inexperienced lawyers. It is 
because of these concerns that Mr. Delahunt's Innocence Protection Act 
garnered so many cosponsors from both sides of the aisle.
    And unfortunately, sometimes the errors in death penalty cases are 
not discovered until after the defendant is already incarcerated. In 
Oklahoma City, the FBI has found that police chemists have performed 
flawed analyses in numerous cases; at least one man has been released 
from death row when DNA evidence cleared him. Overall, approximately 
ninety-eight death row inmates have been exonerated since the death 
penalty was reinstated in the 1970's.
    Moreover, numerous studies have shown that it is applied in a 
discriminate manner. For instance, statistics show that African-
American defendants convicted of killing white victims are ten times 
more likely to receive the death penalty than white defendants who kill 
African-Americans. Evidence like this indicates that capital punishment 
is being applied unfairly and should be curtailed, not expanded.
    This is why numerous politicians on both sides of the aisle, legal 
experts, and Americans are not only raising concerns about capital 
punishment but also opposing it. After learning that thirteen death row 
inmates had been exonerated in Illinois, Republican Governor George 
Ryan imposed a blanket moratorium on executions in his state. Supreme 
Court Justice Sandra Day O'Connor said just this past July that 
``serious questions are being raised'' about the death penalty and 
``the system may well be allowing some innocent defendants to be 
executed.'' The American Bar Association also has called for a 
moratorium. Even Texas, the state traditionally having a high execution 
rate, has reduced its rate from forty last year to thirteen this year. 
And when asked whether they support capital punishment or life without 
parole, only forty-seven percent of Americans favor the death penalty; 
an all-time low.
    Finally, I fail to understand why we need a death penalty in order 
to comply with a treaty when most other signatory nations have outlawed 
it. As a matter of fact, many parties to the convention may not 
extradite persons to us because we impose the death penalty.
    I urge my colleagues to vote ``Yes'' on this amendment.

    [The statement of Ms. Jackson Lee follows:]
    
    
    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:]
    
    
    Chairman Sensenbrenner. And the gentleman from Texas is 
recognized for 5 minutes.
    Mr. Smith. Thank you, Mr. Chairman.
    And as the gentleman from Virginia indicated, I do hope 
that this amendment will satisfy some of the concerns that he 
has expressed, as well as the concerns expressed by the 
gentlewoman from Texas, Ms. Jackson Lee.
    Mr. Chairman, I offer this amendment to make changes to the 
bill consistent with recommendations provided by the Department 
of Justice.
    These recommendations were made in response to requests by 
Members of the Subcommittee that the Department of Justice 
review the bill and inform them of any provision that was not 
necessary to comply with the terrorist bombing treaty or the 
financing of terrorism treaty.
    Upon further review, the Justice Department has determined 
that it is not necessary to specifically reference the RICO 
statutes or the extension of the statute of limitations. Since 
the crimes that we are dealing with are Federal crimes of 
terrorism, under section 2332b(g)(5)(B) of title 18 of the U.S. 
Code, they would automatically be included in these statutes.
    This amendment will serve to simplify the bill language, 
and I urge my colleagues to support it.
    Mr. Scott. Mr. Chairman?
    Chairman Sensenbrenner. The gentleman from Virginia, Mr. 
Scott.
    Mr. Scott. I move to strike the last word.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Scott. Mr. Chairman, the amendment has what's called 
ancillary measures, which suggests that they are not absolutely 
needed.
    I would point out that the wiretap predicate, unlike the 
wiretap legislation that we passed in the anti-terrorism bill, 
is limited to terrorism situations under title 3, which 
requires probable cause that crimes are being committed. That 
is in stark contrast to what we passed last time around, where 
with the FISA wiretaps, you don't even have to suggest that a 
crime is being committed and you don't need probable cause.
    This amendment limits the application of the bill and more 
closely reflects what is needed to conform with the treaties. 
And, therefore, I would support the amendment.
    Chairman Sensenbrenner. The question is on the----
    Ms. Jackson Lee. Will the gentleman yield? Will the 
gentleman yield?
    Chairman Sensenbrenner. The gentleman from Virginia----
    Mr. Scott. Reclaiming my time, and I would yield to the 
gentlelady from Texas.
    Ms. Jackson Lee. Let me as well indicate my concerns with 
the broad net again for implementing the treaties, in as much 
as many of the provisions were already in U.S. criminal law.
    And I would say to the gentleman from Texas, this 
alleviates some of my concern in the redundancy issue that we 
raised in Subcommittee. And I thank the gentleman for the 
amendment, and I support the amendment.
    Mr. Frank. Would the gentleman yield?
    Mr. Scott. I yield to the gentleman from Massachusetts.
    Mr. Frank. Mr. Chairman, since this is now becoming a love 
fest--[Laughter.]--I just wanted to add a word of bipartisan 
praise.
    I think we should take note, this appears to be the first 
treaty that the Bush Administration has discovered on entering 
office that it is prepared to support. [Laughter.]
    And we've heard a lot about the belated discovery of 
multilateralism. I have been trying to think of all of the 
treaties that Bush Administration administered, and we have 
finally found one that it likes, and I think that ought to be 
duly noted.
    Chairman Sensenbrenner. And then we should quickly pass 
this bill.
    The question is on the----
    Mr. Delahunt. Will the gentleman yield?
    Mr. Frank. Before they change their minds. [Laughter.]
    Chairman Sensenbrenner. Right.
    The question is on the amendment offered by the gentleman 
from Texas, Mr. Smith.
    Those in favor will say aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it, and the 
amendment is agreed to.
    Are there further amendments?
    Mr. Nadler. Mr. Chairman?
    Chairman Sensenbrenner. The gentleman from New York, Mr. 
Nadler.
    Mr. Nadler. I don't have an amendment; I have a question 
for the sponsor of the bill.
    Chairman Sensenbrenner. The gentleman strikes the last word 
and is recognized for 5 minutes.
    Mr. Nadler. Thank you. I just have a question.
    I'm trying to understand this bill, the necessity. Can you 
cite for us, please, precisely anything that this bill adds to 
the law? In other words, what's now legal that would be made 
illegal under this bill?
    Mr. Delahunt. Will the gentleman yield?
    Mr. Nadler. To who?
    Mr. Delahunt. To----
    Mr. Nadler. Oh, yes, certainly.
    Mr. Delahunt. Yes, at my request yesterday, there was a 
memorandum--and I want to compliment the department for 
producing it in a timely fashion--that posed that exact 
question. And if you don't have it in front of you, I would be 
happy to share my copy of it with you.
    It's entitled ``Response to Request by Members of 
Subcommittee for More Input.''
    It says, ``Provisions that do not directly implement the 
conventions.'' And clearly, it would take longer than you or I 
have in terms of time to recite it.
    Mr. Nadler. Well, I will read this, but--thank you.
    Reclaiming my time.
    I will read this.
    But I will yield to the gentleman. Could you give us 
examples of what are now legal that would be made illegal under 
this bill?
    Mr. Smith. Let me give you one specific example that was 
given to us by the Associate Attorney General yesterday. And it 
is this: If, for example, a U.S. citizen were implicated in 
planting a bomb in an Air France aircraft that exploded and 
killed people, with no U.S. citizens, under current law, that 
U.S. citizen would not be able to be prosecuted. Whereas under 
the treaty----
    Mr. Nadler. That's hard to--reclaiming my time.
    It's hard to believe that it is not a crime now to plant a 
bomb in the United States on a foreign aircraft if the bomb 
explodes over the ocean?
    Mr. Smith. No, no, no, no. If the U.S. citizen planted a 
bomb in France on an Air France aircraft, blew it up----
    Mr. Nadler. Presumably that would be a crime under French 
law which they would extradite----
    Mr. Smith. Well, that was the example given to us yesterday 
by the Attorney General.
    Mr. Nadler. So this expands our jurisdiction to crimes that 
occur in a foreign----
    Mr. Smith. Correct. And it fills in some gaps that are now 
open and where we are not able to prosecute.
    Mr. Nadler. Let me just ask one other question, then. And I 
haven't given this any thought, obviously, but are there 
problems with giving the United States jurisdiction for crimes 
that occur in France, that France might want to prosecute?
    Mr. Smith. If the gentleman will yield, I think the point 
of the treaty is that we want to be able to have that 
individual extradited and work with France----
    Mr. Frank. Will the gentleman yield?
    Mr. Nadler. Yes.
    Mr. Frank. Well, if you pass this bill, he won't be 
extradited, because they won't extradite anybody to be subject 
to a death penalty. So if you include the death penalty, you 
guarantee that there will be no extradition.
    Mr. Delahunt. Will the gentleman yield?
    Mr. Nadler. Yes.
    Mr. Delahunt. I have an amendment that would deal with the 
death penalty issue, because of the reluctance on the part of a 
number of parties to the agreement.
    Mr. Nadler. I appreciate the gentleman.
    Reclaiming my time, can you give me an example, other--I 
mean, I find it difficult to think that we are going to pass a 
bill to give us jurisdiction for a crime in France that France 
would certainly want to--if someone put a bomb on an Air 
France, in France, put a bomb on an Air France airline that 
blew up, I suspect the French would want to prosecute that 
individual. And why would they extradite them to the United 
States so we could prosecute them?
    Give me a more practical example. I mean, I don't see a 
great problem in that situation, where France would certainly 
want to prosecute. Is there anything that might happen where 
someone else doesn't want to prosecute that this bill would 
help us with?
    Mr. Smith. By the way, I think that was a very practical 
example, because I think that's a very realistic possibility.
    Let me see if we can----
    Mr. Nadler. Yes, but France would take care of that, 
presumably.
    Mr. Smith. If the gentleman will continue to yield, let me 
see if we can give another example based upon the testimony we 
received.
    Let me read to the gentleman a couple of paragraphs as to 
what Mr. Chertoff testified and maybe that will reassure him: 
Some concern was expressed at the hearing on this bill--this is 
what I mentioned awhile ago--that there may be other laws 
already enacted that could cover the terrorist activities the 
bill focuses on. While there may be some overlap of current law 
with the crimes set forth in this bill, Assistant Attorney 
General Michael Chertoff testified that the bill does plug 
important and serious gaps in our criminal code.
    As he stated: These are serious crimes that we should be 
able to attack from multiple ways. We should not shy away from 
plugging gaps for crimes that involve terrorist bombings simply 
because there may be some other related criminal statute in 
place when we can enact a criminal law that is exactly on 
point.
    If the gentleman wants to yield further, I can read him 
part of the memo that was given----
    Mr. Nadler. I'm reclaiming my time. Thank you very much.
    Mr. Smith. Okay.
    Mr. Nadler. You read that before anyway.
    I yield back.
    Mr. Watt. Mr. Chairman? Mr. Chairman?
    Chairman Sensenbrenner. The gentleman from North Carolina, 
Mr. Watt.
    Mr. Watt. I move to strike the last word----
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Watt [continuing]. Just for the purpose of requesting 
that maybe we all would feel better if we had a copy of the 
letter that was written to Mr. Delahunt, which apparently has 
not been circulated.
    Mr. Delahunt. Will the gentleman yield?
    Chairman Sensenbrenner. Is it possible that the staff can 
supply the letter quickly?
    Mr. Smith. We can give them a copy, Mr. Chairman. It's 
titled, ``Response to Request by Members of Subcommittee for 
More Input: Provisions that do not directly implement,'' and 
then it goes into provisions which implement the convention.
    Chairman Sensenbrenner. Without objection, the letter will 
be put in the record at this point.
    [The information referred to follows:]
    
    
    Mr. Scott. Mr. Chairman?
    Chairman Sensenbrenner. The time belongs to the gentleman 
from North Carolina, Mr. Watt.
    Mr. Watt. I yield back.
    Mr. Scott. Mr. Chairman?
    Chairman Sensenbrenner. Are there amendments?
    Mr. Delahunt. Mr. Chairman?
    Mr. Scott. Can I ask unanimous consent that the gentleman 
from Massachusetts be recognized for the purpose of an 
amendment. He has a time constraint and would like his 
amendment considered.
    Chairman Sensenbrenner. The Chair was about ready to 
recognize him all by himself. [Laughter.]
    For what purpose does the gentleman from Massachusetts seek 
recognition.
    Mr. Delahunt. I thank the Chairman for recognizing me--all 
by myself.
    I have an amendment at the desk.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    Mr. Smith. Mr. Chairman, I will reserve a point of order.
    Chairman Sensenbrenner. A point of order is reserved.
    The Clerk. Amendment to H.R. 3275, offered by Mr. Delahunt 
and Mr. Scott.
    Page 5, line 7, insert a period after ``life'' and strike 
all that follows through line 9.
    [The amendment follows:]
    
    
    Chairman Sensenbrenner. The gentleman from Massachusetts is 
recognized for 5 minutes.
    Mr. Delahunt. Yes, Mr. Chairman, the amendment, which I am 
joined in with Mr. Scott, would delete the language authorizing 
the imposition of the death penalty for the offenses set forth 
under section 102.
    In the memorandum presented by the Department of Justice, 
it acknowledges that apart from these ancillary measures, the 
proposed legislation contains a very limited number of 
provisions that are not required for the implementation of the 
conventions.
    One of those, of course, is the death penalty. In fact, Mr. 
Chairman, not only is it not required by the convention, but, 
as others have suggested, it could impair the fight against 
international terrorism by making it harder for the Justice 
Department to secure extradition in these kinds of cases.
    Let's be honest, much of the rest of the civilized world 
rejects the death penalty. And even some of our closest 
allies--Canada, for example--have begun to refuse extradition 
requests by the United States unless the courts can be assured 
that the defendants will not face execution.
    Given that situation, how can it serve our national 
interests to enact additional unnecessary provisions that 
further marginalize us among our allies who reject the death 
penalty? The only answer I have heard is that the new death 
penalty provision merely tracks current law with respect to 
comparable domestic crimes. Well, that's true. And we're not 
repealing current law.
    But the fact that the current law presents an obstacle to 
our law enforcement objectives is, for me, hardly a persuasive 
argument for compounding the problem.
    So I support the implementation of the conventions with all 
due speed. I think there are other problems. I would have 
preferred a different process here.
    But, saying that, let's do it in a way that advances our 
national objectives.
    And I urge support for the amendment and yield back the 
balance of my time.
    Chairman Sensenbrenner. The Chair would beg the indulgence 
of Members of the Committee. We are unsure whether we adopted 
Mr. Smith's amendment.
    Does the clerk have a record? Have we adopted Mr. Smith's 
amendment?
    Okay, since we have done that, we are now on the Delahunt 
amendment. Does the gentleman from Texas, Mr. Smith, insist on 
his point of order?
    Mr. Smith. Mr. Chairman, I withdraw my point of order but 
oppose the amendment.
    Chairman Sensenbrenner. Okay. The gentleman is recognized 
for 5 minutes.
    Mr. Smith. Mr. Chairman, this debate should not be about 
whether the death penalty is appropriate or not. It should be 
about whether or not we implement the terrorist bombings treaty 
in a manner consistent with current law.
    One may not like the death penalty, but if we are going to 
have it, then we should be consistent with the types of crime 
it applies to.
    Sections 2332a and 2332b of title 18 of the U.S. Code all 
provide for the death penalty for a terrorist act that results 
in someone's death. With regard to the terrorist bombing crime 
set forth in the treaty, article 4 of the treaty requires that 
each nation provide, quote, ``appropriate penalties which take 
into account the grave natures of those offenses,'' unquote.
    Right now we are dealing with the unlawful detonation of an 
explosive or other lethal device in a public facility with the 
intent to cause death and which does in fact cause death. It 
would be inconsistent with our current laws on terrorism not to 
allow for the possibility of the death penalty in these similar 
cases.
    The crime of killing innocent people by blowing up public 
buildings should be subject to the most severe penalty 
possible, and that should be an option.
    So I ask my colleagues to oppose this amendment, and I 
yield back the balance of my time.
    Chairman Sensenbrenner. The question is on the amendment by 
the----
    Mr. Scott. Mr. Chairman?
    Chairman Sensenbrenner. The gentleman from Virginia, Mr. 
Scott.
    Mr. Scott. I move to strike the last word.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Scott. Mr. Chairman, we've already pointed out that 
this provision may in fact be a barrier to extradition. But I 
want to support the amendment because it's obviously not needed 
when other countries don't even have the death penalty, so it 
cannot possibly be required.
    We know that the death penalty is not a deterrent. 
Certainly, it wouldn't have done anything to deter those 
involved in September 11th. We know we make mistakes in the 
application of the death penalty. And we know there is a racial 
bias in the application of the death penalty.
    And we have no idea how this thing is going to be applied 
in so far as the attorney general has announced that terrorists 
ought to be tried in some home-baked procedure where they would 
not be entitled to a fair trial. We would hate to have the 
death penalty pending in cases like that.
    So I would hope that we would support the amendment and 
have the debate on the death penalty at another time.
    I yield back the balance of my time.
    Chairman Sensenbrenner. The question is on the amendment 
offered by the gentleman from Massachusetts, Mr. Delahunt.
    Those in favor will say aye.
    Opposed, no.
    The noes appear to have it. The noes have it, and the 
amendment is not agreed to.
    Are there further amendments?
    Hearing none, the Chair notes the presence of a reporting 
quorum. The question occurs on the motion to report the bill 
H.R. 3275 favorably as amended.
    Those in favor will say aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it, and the 
motion to report favorably is agreed to.
    Without objection, the bill will be reported favorably to 
the House in the form of a single amendment in the nature of a 
substitute incorporating the amendments adopted here today. 
Without objection, the Chairman is authorized to move to go to 
conference pursuant to House rules. Without objection, the 
staff is directed to make any technical and conforming changes. 
All Members will be given 2 days as provided by the rules in 
which to submit additional dissenting, supplemental, or 
minority views.
    The Chair thanks the Members for their indulgence and 
support. This concludes the business on the notice, and the 
Committee is adjourned.
    [Whereupon, at 11:06 a.m., the Committee was adjourned.]
                             Minority Views

    While we support the prompt ratification and implementation 
of the International Conventions for the Suppression of 
Terrorist Bombings and the Suppression of the Financing of 
Terrorism, we are concerned that H.R. 3275 includes 
controversial changes to U.S. domestic law that go well beyond 
the limited changes required to bring our laws into conformity 
with the requirements of those agreements.\1\
---------------------------------------------------------------------------
    \1\ Department of Justice Memorandum to House Crime Subcommittee 
(Response to Request by Members of Subcommittee for More Input) 1 (Nov. 
14, 2001) (hereinafter the ``DOJ Memorandum'').
---------------------------------------------------------------------------
    Chief among these is the provision in Title I that 
authorizes the imposition of the death penalty for the offenses 
set forth in section 102.\2\ At the Committee markup, Reps. 
William D. Delahunt (D-MA) and Bobby Scott (D-VA) offered an 
amendment to delete this language, leaving in place the 
provision authorizing a maximum sentence of life imprisonment, 
but it was rejected by voice vote.
---------------------------------------------------------------------------
    \2\ See H.R. 3275 Sec. 102(a), 107th Cong., 1st Sess. (proposed 18 
U.S.C. Sec. 2332f(c)).
---------------------------------------------------------------------------
    This is surprising considering that the Administration has 
acknowledged that capital punishment is not required to 
implement the Conventions.\3\ In fact, not only is it not 
required under the Conventions, but it actually could impair 
the fight against international terrorism by making it harder 
for the Justice Department to secure extradition in these kinds 
of cases. This is because America's continued resort to the 
death penalty has brought condemnation from numerous nations 
across the globe. Even some of our closest allies routinely 
refuse to honor extradition requests by the United States 
unless their judicial authorities can be assured that the 
defendants will not face execution.\4\ Given this situation, we 
do not see how it serves American interests to enact additional 
provisions that will further complicate our ability to 
prosecute terrorists and further marginalize the United States 
within the family of nations.
---------------------------------------------------------------------------
    \3\ Hearing on H.R. 3275 Before the Subcomm. on Crime of the House 
Comm. on the Judiciary, 107th Cong., 1st Sess. (Nov. 14, 2001) 
(testimony of Michael Chertoff, Assistant Att'y General, Criminal 
Division, U.S. Dep't of Justice); DOJ Memorandum, supra.
    \4\ See, e.g., the recent decision by the Supreme Court of Canada, 
holding that the Canadian Charter of Rights and Freedoms precludes 
extradition to the United States absent assurances by U.S. authorities 
that the death penalty would not be imposed. United States v. Burns, 1 
S.C.R.283 (2001). See also New Murder Trial Granted for Fugitive 
Extradited From France, N.Y. Times, Nov. 15, 2001, at A25 (United 
States officials required to assure the French authorities that 
longtime fugitive Ira Einhorn would not be eligible for the death 
penalty in his new trial); Benjamin Weiser, South Africa Rules On 
Terror Suspect, N.Y. Times, at B4, May 29, 2001 (South African 
Constitutional Court ruling that suspect on trial in Manhattan in 
connection with the bombing of the American Embassy in Tanzania should 
not have been turned over to U.S. authorities without assurances that 
he would not face the death penalty); John Kifner, France Will Not 
Extradite If Death Penalty Is Possible, N.Y. Times, Mar. 31, 2001, at 
B4 (refusal of French officials to turn over anti-abortion activist 
accused of killing a Buffalo doctor who provided abortions unless given 
guarantees that he would not be executed).
---------------------------------------------------------------------------
    Nevertheless, the Majority and the Administration have 
attempted to justify this new death penalty provision by 
claiming that it merely tracks current law with respect to 
comparable domestic crimes.\5\ That may well be so, but the 
fact that current law presents an obstacle to our law 
enforcement objectives is hardly a persuasive argument for 
compounding the problem.
---------------------------------------------------------------------------
    \5\ DOJ Memorandum, supra.
---------------------------------------------------------------------------
    In fact, we doubt a persuasive argument can be made for 
expanding the death penalty in this context. While reasonable 
people may disagree about whether the death penalty acts as a 
deterrent to some categories of crimes, we are at a loss to see 
how anyone can seriously believe that the prospect of capital 
punishment will deter the kinds of atrocities our nation 
experienced on September 11. Indeed, the Administration 
implicitly concedes as much when it says that this new 
provision merely replicates existing death penalty provisions--
provisions that did nothing to prevent those attacks.
    The Conventions should be ratified and implemented with all 
reasonable dispatch, but we have a responsibility to achieve 
that goal in a way that genuinely advances our nation's 
interests.

                                   John Conyers, Jr.
                                   Barney Frank.
                                   Howard L. Berman.
                                   Jerrold Nadler.
                                   Robert C. Scott.
                                   Melvin L. Watt.
                                   Sheila Jackson Lee.
                                   Maxine Waters.
                                   William D. Delahunt.
                                   Tammy Baldwin.

                                  
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