[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4942 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4942

 To prohibit certain forms of material support for terrorism, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2004

    Mr. Green of Wisconsin introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To prohibit certain forms of material support for terrorism, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Material Support to Terrorism 
Prohibition Enhancement Act of 2004''.

SEC. 2. RECEIVING MILITARY-TYPE TRAINING FROM A FOREIGN TERRORIST 
              ORGANIZATION.

    (a) Prohibition as to Citizens and Residents.--Chapter 113B of 
title 18, United States Code, is amended by adding after section 2339C 
the following new section:
``Sec. 2339D. Receiving military-type training from a foreign terrorist 
              organization
    ``(a) Offense.--Whoever knowingly receives military-type training 
from or on behalf of any organization designated at the time of the 
training by the Secretary of State under section 219(a)(1) of the 
Immigration and Nationality Act as a foreign terrorist organization 
shall be fined under this title or imprisoned for ten years, or both. 
To violate this subsection, a person must have knowledge that the 
organization is a designated terrorist organization (as defined in 
subsection (c)(4)), that the organization has engaged or engages in 
terrorist activity (as defined in section 212 of the Immigration and 
Nationality Act), or that the organization has engaged or engages in 
terrorism (as defined in section 140(d)(2) of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989).
    ``(b) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction over an offense under this section. There is 
jurisdiction over an offense under subsection (a) if--
            ``(1) an offender is a national of the United States (as 
        defined in 101(a)(22) of the Immigration and Nationality Act) 
        or an alien lawfully admitted for permanent residence in the 
        United States (as defined in section 101(a)(20) of the 
        Immigration and Nationality Act);
            ``(2) an offender is a stateless person whose habitual 
        residence is in the United States;
            ``(3) after the conduct required for the offense occurs an 
        offender is brought into or found in the United States, even if 
        the conduct required for the offense occurs outside the United 
        States;
            ``(4) the offense occurs in whole or in part within the 
        United States;
            ``(5) the offense occurs in or affects interstate or 
        foreign commerce;
            ``(6) an offender aids or abets any person over whom 
        jurisdiction exists under this paragraph in committing an 
        offense under subsection (a) or conspires with any person over 
        whom jurisdiction exists under this paragraph to commit an 
        offense under subsection (a).
    ``(c) Definitions.--As used in this section--
            ``(1) the term `military-type training' includes training 
        in means or methods that can cause death or serious bodily 
        injury, destroy or damage property, or disrupt services to 
        critical infrastructure, or training on the use, storage, 
        production, or assembly of any explosive, firearm or other 
        weapon, including any weapon of mass destruction (as defined in 
        section 2232a(c)(2));
            ``(2) the term `serious bodily injury' has the meaning 
        given that term in section 1365(h)(3);
            ``(3) the term `critical infrastructure' means systems and 
        assets vital to national defense, national security, economic 
        security, public health or safety including both regional and 
        national infrastructure. Critical infrastructure may be 
        publicly or privately owned; examples of critical 
        infrastructure include gas and oil production, storage, or 
        delivery systems, water supply systems, telecommunications 
        networks, electrical power generation or delivery systems, 
        financing and banking systems, emergency services (including 
        medical, police, fire, and rescue services), and transportation 
        systems and services (including highways, mass transit, 
        airlines, and airports); and
            ``(4) the term `foreign terrorist organization' means an 
        organization designated as a terrorist organization under 
        section 219(a)(1) of the Immigration and Nationality Act.''.
    (b) Inadmissibility of Aliens Who Have Received Military-Type 
Training From Terrorist Organizations.--Section 212(a)(3)(B)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is 
amended--
            (1) in subclauses (V) and (VI), by striking ``or'' at the 
        end;
            (2) in subclause (VII), by adding ``or'' at the end; and
            (3) by inserting after subclause (VII) the following:
                                    ``(VIII) has received military-type 
                                training (as defined in section 
                                2339D(c)(1) of title 18, United States 
                                Code) from or on behalf of any 
                                organization that, at the time the 
                                training was received, was a terrorist 
                                organization under section 
                                212(a)(3)(B)(vi);''.
    (c) Inadmissibility of Representatives and Members of Terrorist 
Organizations.--Section 212(a)(3)(B)(i) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended--
            (1) in subclause (IV), by amending item (aa) to read as 
        follows:
                                            ``(aa) a terrorist 
                                        organization, as defined in 
                                        clause (vi), or''; and
            (2) by amending subclause (V) to read as follows:
                                    ``(V) is a member of a terrorist 
                                organization, as defined in subclause 
                                (I) or (II) of clause (vi), or of an 
                                organization which the alien knows or 
                                should have known is a terrorist 
                                organization,''.
    (d) Deportation of Aliens Who Have Received Military-Type Training 
From Terrorist Organizations.--Section 237(a)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the end 
the following:
                    ``(E) Recipient of military-type training.--Any 
                alien who has received military-type training (as 
                defined in section 2339d(c)(1) of title 18, United 
                States Code) from or on behalf of any organization 
                that, at the time the training was received, was a 
                terrorist organization, as defined in section 
                212(a)(3)(b)(vi), is deportable.''.
    (e) Retroactive Application.--The amendments made by subsections 
(b), (c), and (d) shall apply to the receipt of military training 
occurring before, on, or after the date of the enactment of this Act.

SEC. 3. PROVIDING MATERIAL SUPPORT TO TERRORISM.

    (a) Additions to Offense of Providing Material Support to 
Terrorists.--Section 2339A(a) of title 18, United States Code, is 
amended--
            (1) by designating the first sentence as paragraph (1);
            (2) by designating the second sentence as paragraph (3);
            (3) by inserting after paragraph (1) as so designated by 
        this subsection the following:
            ``(2)(A) Whoever in a circumstance described in 
        subparagraph (B) provides material support or resources or 
        conceals or disguises the nature, location, source, or 
        ownership of material support or resources, knowing or 
        intending that they are to be used in preparation for, or in 
        carrying out, an act of international or domestic terrorism (as 
        defined in section 2331), or in preparation for, or in carrying 
        out, the concealment or escape from the commission of any such 
        act, or attempts or conspires to do so, shall be punished as 
        provided under paragraph (1) for an offense under that 
        paragraph.
            ``(B) The circumstances referred to in subparagraph (A) are 
        any of the following:
                    ``(i) The offense occurs in or affects interstate 
                or foreign commerce.
                    ``(ii) The act of terrorism is an act of 
                international or domestic terrorism that violates the 
                criminal law of the United States.
                    ``(iii) The act of terrorism is an act of domestic 
                terrorism that appears to be intended to influence the 
                policy, or affect the conduct, of the Government of the 
                United States or a foreign government.
                    ``(iv) An offender, acting within the United States 
                or outside the territorial jurisdiction of the United 
                States, is a national of the United States (as defined 
                in section 101(a)(22) of the Immigration and 
                Nationality Act, an alien lawfully admitted for 
                permanent residence in the United States (as defined in 
                section 101(a)(20) of the Immigration and Nationality 
                Act , or a stateless person whose habitual residence is 
                in the United States, and the act of terrorism is an 
                act of international terrorism that appears to be 
                intended to influence the policy, or affect the 
                conduct, of the Government of the United States or a 
                foreign government.
                    ``(v) An offender, acting within the United States, 
                is an alien, and the act of terrorism is an act of 
                international terrorism that appears to be intended to 
                influence the policy, or affect the conduct, of the 
                Government of the United States or a foreign 
                government.
                    ``(vi) An offender, acting outside the territorial 
                jurisdiction of the United States, is an alien and the 
                act of terrorism is an act of international terrorism 
                that appears to be intended to influence the policy of, 
                or affect the conduct of, the Government of the United 
                States.
                    ``(vii) An offender aids or abets any person over 
                whom jurisdiction exists under this paragraph in 
                committing an offense under this paragraph or conspires 
                with any person over whom jurisdiction exists under 
                this paragraph to commit an offense under this 
                paragraph.''; and
            (4) by inserting ``act or'' after ``underlying''.
    (b) Definitions.--Section 2339A(b) of title 18, United States Code, 
is amended--
            (1) by striking ``In this'' and inserting ``(1) In this'';
            (2) by inserting ``any property, tangible or intangible, or 
        service, including'' after ``means'';
            (3) by inserting ``(one or more individuals who may be or 
        include oneself)'' after ``personnel'';
            (4) by inserting ``and'' before ``transportation'';
            (5) by striking ``and other physical assets''; and
            (6) by adding at the end the following:
    ``(2) As used in this subsection, the term `training' means 
instruction or teaching designed to impart a specific skill, as opposed 
to general knowledge, and the term `expert advice or assistance' means 
advice or assistance derived from scientific, technical or other 
specialized knowledge.''.
    (c) Addition to Offense of Providing Material Support to Terrorist 
Organizations.--Section 2339B(a)(1) of title 18, United States Code, is 
amended--
            (1) by striking ``, within the United States or subject to 
        the jurisdiction of the United States,'' and inserting ``in a 
        circumstance described in paragraph (2)'' ; and
            (2) by adding at the end the following: ``To violate this 
        paragraph, a person must have knowledge that the organization 
        is a designated terrorist organization (as defined in 
        subsection (g)(6)), that the organization has engaged or 
        engages in terrorist activity (as defined in section 
        212(a)(3)(B) of the Immigration and Nationality Act, or that 
        the organization has engaged or engages in terrorism (as 
        defined in section 140(d)(2) of the Foreign Relations 
        Authorization Act, Fiscal Years 1988 and 1989.''.
    (d) Federal Authority.--Section 2339B(d) of title 18 is amended--
            (1) by inserting ``(1)'' before ``There''; and
            (2) by adding at the end the following:
    ``(2) The circumstances referred to in paragraph (1) are any of the 
following:
            ``(A) An offender is a national of the United States (as 
        defined in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22)) or an alien lawfully 
        admitted for permanent residence in the United States (as 
        defined in section 101(a)(20) of the Immigration and 
        Nationality Act.
            ``(B) An offender is a stateless person whose habitual 
        residence is in the United States.
            ``(C) After the conduct required for the offense occurs an 
        offender is brought into or found in the United States, even if 
        the conduct required for the offense occurs outside the United 
        States.
            ``(D) The offense occurs in whole or in part within the 
        United States.
            ``(E) The offense occurs in or affects interstate or 
        foreign commerce.
            ``(F) An offender aids or abets any person over whom 
        jurisdiction exists under this paragraph in committing an 
        offense under subsection (a) or conspires with any person over 
        whom jurisdiction exists under this paragraph to commit an 
        offense under subsection (a).''.
    (e) Definition.--Paragraph (4) of section 2339B(g) of title 18, 
United States Code, is amended to read as follows:
            ``(4) the term `material support or resources' has the same 
        meaning given that term in section 2339A;''.
    (f) Additional Provisions.--Section 2339B of title 18, United 
States Code, is amended by adding at the end the following:
    ``(h) Provision of Personnel.--No person may be prosecuted under 
this section in connection with the term `personnel' unless that person 
has knowingly provided, attempted to provide, or conspired to provide a 
foreign terrorist organization with one or more individuals (who may be 
or include himself) to work under that terrorist organization's 
direction or control or to organize, manage, supervise, or otherwise 
direct the operation of that organization. Individuals who act entirely 
independently of the foreign terrorist organization to advance its 
goals or objectives shall not be considered to be working under the 
foreign terrorist organization's direction and control.
    ``(i) Rule of Construction.--Nothing in this section shall be 
construed or applied so as to abridge the exercise of rights guaranteed 
under the First Amendment to the Constitution of the United States.''.

SEC. 4. FINANCING OF TERRORISM.

    (a) Financing Terrorism.--Section 2339c(c)(2) of title 18, United 
States Code, is amended--
            (1) by striking ``, resources, or funds'' and inserting 
        ``or resources, or any funds or proceeds of such funds'';
            (2) in subparagraph (A), by striking ``were provided'' and 
        inserting ``are to be provided, or knowing that the support or 
        resources were provided,''; and
            (3) in subparagraph (B)--
                    (A) by striking ``or any proceeds of such funds''; 
                and
                    (B) by striking ``were provided or collected'' and 
                inserting ``are to be provided or collected, or knowing 
                that the funds were provided or collected,''.
    (b) Definitions.--Section 2339c(e) of title 18, United States Code, 
is amended--
            (1) by striking ``and'' at the end of paragraph (12);
            (2) by redesignating paragraph (13) as paragraph (14); and
            (3) by inserting after paragraph (12) the following:
            ``(13) the term `material support or resources' has the 
        same meaning given that term in section 2339B(g)(4) of this 
        title; and''.
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