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HR 3162 SEC. 802 DEFINITION OF DOMESTIC TERRORISM
http://disc.server.com/discussion.cgi?id=149495&article=11542
H.R.3162
Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of
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SEC. 802. DEFINITION OF DOMESTIC TERRORISM.
(a) DOMESTIC TERRORISM DEFINED- Section 2331 of title 18, United
States Code, is amended--
(1) in paragraph (1)(B)(iii), by striking `by assassination or
kidnapping' and inserting `by mass destruction, assassination, or
kidnapping';
(2) in paragraph (3), by striking `and';
(3) in paragraph (4), by striking the period at the end and
inserting `; and'; and
(4) by adding at the end the following:
`(5) the term `domestic terrorism' means activities that--
`(A) involve acts dangerous to human life that are a violation of
the criminal laws of the United States or of any State;
`(B) appear to be intended--
`(i) to intimidate or coerce a civilian population;
`(ii) to influence the policy of a government by intimidation or
coercion; or
`(iii) to affect the conduct of a government by mass
destruction, assassination, or kidnapping; and
`(C) occur primarily within the territorial jurisdiction of the
United States.'.
(b) CONFORMING AMENDMENT- Section 3077(1) of title 18, United States
Code, is amended to read as follows:
`(1) `act of terrorism' means an act of domestic or international
terrorism as defined in section 2331;'.
SEC. 803. PROHIBITION AGAINST HARBORING TERRORISTS.
(a) IN GENERAL- Chapter 113B of title 18, United States Code, is
amended by adding after section 2338 the following new section:
`Sec. 2339. Harboring or concealing terrorists
`(a) Whoever harbors or conceals any person who he knows, or has
reasonable grounds to believe, has committed, or is about to commit, an
offense under section 32 (relating to destruction of aircraft or
aircraft facilities), section 175 (relating to biological weapons),
section 229 (relating to chemical weapons), section 831 (relating to
nuclear materials), paragraph (2) or (3) of section 844(f) (relating to
arson and bombing of government property risking or causing injury or
death), section 1366(a) (relating to the destruction of an energy
facility), section 2280 (relating to violence against maritime
navigation), section 2332a (relating to weapons of mass destruction), or
section 2332b (relating to acts of terrorism transcending national
boundaries) of this title, section 236(a) (relating to sabotage of
nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C.
2284(a)), or section 46502 (relating to aircraft piracy) of title 49,
shall be fined under this title or imprisoned not more than ten years,
or both.'.
`(b) 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.'.
(b) TECHNICAL AMENDMENT- The chapter analysis for chapter 113B of
title 18, United States Code, is amended by inserting after the item for
section 2338 the following:
`2339. Harboring or concealing terrorists.'.
SEC. 804. JURISDICTION OVER CRIMES COMMITTED AT U.S. FACILITIES ABROAD.
Section 7 of title 18, United States Code, is amended by adding at the
end the following:
`(9) With respect to offenses committed by or against a national of
the United States as that term is used in section 101 of the Immigration
and Nationality Act--
`(A) the premises of United States diplomatic, consular, military
or other United States Government missions or entities in foreign
States, including the buildings, parts of buildings, and land
appurtenant or ancillary thereto or used for purposes of those missions
or entities, irrespective of ownership; and
`(B) residences in foreign States and the land appurtenant or
ancillary thereto, irrespective of ownership, used for purposes of those
missions or entities or used by United States personnel assigned to
those missions or entities.
Nothing in this paragraph shall be deemed to supersede any treaty or
international agreement with which this paragraph conflicts. This
paragraph does not apply with respect to an offense committed by a
person described in section 3261(a) of this title.'.
SEC. 805. MATERIAL SUPPORT FOR TERRORISM.
(a) IN GENERAL- Section 2339A of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking `, within the United States,';
(B) by inserting `229,' after `175,';
(C) by inserting `1993,' after `1992,';
(D) by inserting `, section 236 of the Atomic Energy Act of 1954
(42 U.S.C. 2284),' after `of this title';
(E) by inserting `or 60123(b)' after `46502'; and
(F) by inserting at the end the following: `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.'; and
(2) in subsection (b)--
(A) by striking `or other financial securities' and inserting `or
monetary instruments or financial securities'; and
(B) by inserting `expert advice or assistance,' after `training,'.
(b) TECHNICAL AMENDMENT- Section 1956(c)(7)(D) of title 18, United
States Code, is amended by inserting `or 2339B' after `2339A'.
SEC. 806. ASSETS OF TERRORIST ORGANIZATIONS.
Section 981(a)(1) of title 18, United States Code, is amended by
inserting at the end the following:
`(G) All assets, foreign or domestic--
`(i) of any individual, entity, or organization engaged in
planning or perpetrating any act of domestic or international terrorism
(as defined in section 2331) against the United States, citizens or
residents of the United States, or their property, and all assets,
foreign or domestic, affording any person a source of influence over any
such entity or organization;
`(ii) acquired or maintained by any person with the intent and for
the purpose of supporting, planning, conducting, or concealing an act of
domestic or international terrorism (as defined in section 2331) against
the United States, citizens or residents of the United States, or their
property; or
`(iii) derived from, involved in, or used or intended to be used
to commit any act of domestic or international terrorism (as defined in
section 2331) against the United States, citizens or residents of the
United States, or their property.'.
SEC. 807. TECHNICAL CLARIFICATION RELATING TO PROVISION OF MATERIAL
SUPPORT TO TERRORISM.
No provision of the Trade Sanctions Reform and Export Enhancement Act
of 2000 (title IX of Public Law 106-387) shall be construed to limit or
otherwise affect section 2339A or 2339B of title 18, United States Code.
SEC. 808. DEFINITION OF FEDERAL CRIME OF TERRORISM.
Section 2332b of title 18, United States Code, is amended--
(1) in subsection (f), by inserting `and any violation of section
351(e), 844(e), 844(f)(1), 956(b), 1361, 1366(b), 1366(c), 1751(e),
2152, or 2156 of this title,' before `and the Secretary'; and
(2) in subsection (g)(5)(B), by striking clauses (i) through (iii)
and inserting the following:
`(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), 2339
(relating to harboring terrorists), 2339A (relating to providing
material support to terrorists), 2339B (relating to providing material
support to terrorist organizations), or 2340A (relating to torture) of
this title;
`(ii) section 236 (relating to sabotage of nuclear facilities or
fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284); or
`(iii) section 46502 (relating to aircraft piracy), the second
sentence of section 46504 (relating to assault on a flight crew with a
dangerous weapon), section 46505(b)(3) or (c) (relating to explosive or
incendiary devices, or endangerment of human life by means of weapons,
on aircraft), section 46506 if homicide or attempted homicide is
involved (relating to application of certain criminal laws to acts on
aircraft), or section 60123(b) (relating to destruction of interstate
gas or hazardous liquid pipeline facility) of title 49.'.
SEC. 809. NO STATUTE OF LIMITATION FOR CERTAIN TERRORISM OFFENSES.
(a) IN GENERAL- Section 3286 of title 18, United States Code, is
amended to read as follows:
`Sec. 3286. Extension of statute of limitation for certain terrorism
offenses
`(a) EIGHT-YEAR LIMITATION- Notwithstanding section 3282, no person
shall be prosecuted, tried, or punished for any noncapital offense
involving a violation of any provision listed in section 2332b(g)(5)(B),
or a violation of section 112, 351(e), 1361, or 1751(e) of this title,
or section 46504, 46505, or 46506 of title 49, unless the indictment is
found or the information is instituted within 8 years after the offense
was committed. Notwithstanding the preceding sentence, offenses listed
in section 3295 are subject to the statute of limitations set forth in
that section.
`(b) NO LIMITATION- Notwithstanding any other law, an indictment may
be found or an information instituted at any time without limitation for
any offense listed in section 2332b(g)(5)(B), if the commission of such
offense resulted in, or created a forseeable risk of, death or serious
bodily injury to another person.'.
(b) APPLICATION- The amendments made by this section shall apply to
the prosecution of any offense committed before, on, or after the date
of the enactment of this section.
SEC. 810. ALTERNATE MAXIMUM PENALTIES FOR TERRORISM OFFENSES.
(a) ARSON- Section 81 of title 18, United States Code, is amended in
the second undesignated paragraph by striking `not more than twenty
years' and inserting `for any term of years or for life'.
(b) DESTRUCTION OF AN ENERGY FACILITY- Section 1366 of title 18,
United States Code, is amended--
(1) in subsection (a), by striking `ten' and inserting `20'; and
(2) by adding at the end the following:
`(d) Whoever is convicted of a violation of subsection (a) or (b) that
has resulted in the death of any person shall be subject to imprisonment
for any term of years or life.'.
(c) MATERIAL SUPPORT TO TERRORISTS- Section 2339A(a) of title 18,
United States Code, is amended--
(1) by striking `10' and inserting `15'; and
(2) by striking the period and inserting `, and, if the death of any
person results, shall be imprisoned for any term of years or for life.'.
(d) MATERIAL SUPPORT TO DESIGNATED FOREIGN TERRORIST ORGANIZATIONS-
Section 2339B(a)(1) of title 18, United States Code, is amended--
(1) by striking `10' and inserting `15'; and
(2) by striking the period after `or both' and inserting `, and, if
the death of any person results, shall be imprisoned for any term of
years or for life.'.
(e) DESTRUCTION OF NATIONAL-DEFENSE MATERIALS- Section 2155(a) of
title 18, United States Code, is amended--
(1) by striking `ten' and inserting `20'; and
(2) by striking the period at the end and inserting `, and, if death
results to any person, shall be imprisoned for any term of years or for
life.'.
(f) SABOTAGE OF NUCLEAR FACILITIES OR FUEL- Section 236 of the Atomic
Energy Act of 1954 (42 U.S.C. 2284), is amended--
(1) by striking `ten' each place it appears and inserting `20';
(2) in subsection (a), by striking the period at the end and
inserting `, and, if death results to any person, shall be imprisoned
for any term of years or for life.'; and
(3) in subsection (b), by striking the period at the end and
inserting `, and, if death results to any person, shall be imprisoned
for any term of years or for life.'.
(g) SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES- Section
46505(c) of title 49, United States Code, is amended--
(1) by striking `15' and inserting `20'; and
(2) by striking the period at the end and inserting `, and, if death
results to any person, shall be imprisoned for any term of years or for
life.'.
(h) DAMAGING OR DESTROYING AN INTERSTATE GAS OR HAZARDOUS LIQUID
PIPELINE FACILITY- Section 60123(b) of title 49, United States Code, is
amended--
(1) by striking `15' and inserting `20'; and
(2) by striking the period at the end and inserting `, and, if death
results to any person, shall be imprisoned for any term of years or for
life.'.
SEC. 811. PENALTIES FOR TERRORIST CONSPIRACIES.
(a) ARSON- Section 81 of title 18, United States Code, is amended in
the first undesignated paragraph--
(1) by striking `, or attempts to set fire to or burn'; and
(2) by inserting `or attempts or conspires to do such an act,' =
before `shall be imprisoned'.
(b) KILLINGS IN FEDERAL FACILITIES- Section 930(c) of title 18, United
States Code, is amended--
(1) by striking `or attempts to kill';
(2) by inserting `or attempts or conspires to do such an act,'
before `shall be punished'; and
(3) by striking `and 1113' and inserting `1113, and 1117'.
(c) COMMUNICATIONS LINES, STATIONS, OR SYSTEMS- Section 1362 of title
18, United States Code, is amended in the first undesignated paragraph--
(1) by striking `or attempts willfully or maliciously to injure or
destroy'; and
(2) by inserting `or attempts or conspires to do such an act,'
before `shall be fined'.
(d) BUILDINGS OR PROPERTY WITHIN SPECIAL MARITIME AND TERRITORIAL
JURISDICTION- Section 1363 of title 18, United States Code, is amended--
(1) by striking `or attempts to destroy or injure'; and
(2) by inserting `or attempts or conspires to do such an act,'
before `shall be fined' the first place it appears.
(e) WRECKING TRAINS- Section 1992 of title 18, United States Code, is
amended by adding at the end the following:
`(c) A person who conspires to commit any offense defined in this
section shall be subject to the same penalties (other than the penalty
of death) as the penalties prescribed for the offense, the commission of
which was the object of the conspiracy.'.
(f) MATERIAL SUPPORT TO TERRORISTS- Section 2339A of title 18, United
States Code, is amended by inserting `or attempts or conspires to do
such an act,' before `shall be fined'.
(g) TORTURE- Section 2340A of title 18, United States Code, is amended
by adding at the end the following:
`(c) CONSPIRACY- A person who conspires to commit an offense under
this section shall be subject to the same penalties (other than the
penalty of death) as the penalties prescribed for the offense, the
commission of which was the object of the conspiracy.'.
(h) SABOTAGE OF NUCLEAR FACILITIES OR FUEL- Section 236 of the Atomic
Energy Act of 1954 (42 U.S.C. 2284), is amended--
(1) in subsection (a)--
(A) by striking `, or who intentionally and willfully attempts to
destroy or cause physical damage to';
(B) in paragraph (4), by striking the period at the end and
inserting a comma; and
(C) by inserting `or attempts or conspires to do such an act,'
before `shall be fined'; and
(2) in subsection (b)--
(A) by striking `or attempts to cause'; and
(B) by inserting `or attempts or conspires to do such an act,'
before `shall be fined'.
(i) INTERFERENCE WITH FLIGHT CREW MEMBERS AND ATTENDANTS- Section
46504 of title 49, United States Code, is amended by inserting `or
attempts or conspires to do such an act,' before `shall be fined'.
(j) SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES- Section 46505
of title 49, United States Code, is amended by adding at the end the
following:
`(e) CONSPIRACY- If two or more persons conspire to violate subsection
(b) or (c), and one or more of such persons do any act to effect the
object of the conspiracy, each of the parties to such conspiracy shall
be punished as provided in such subsection.'.
(k) DAMAGING OR DESTROYING AN INTERSTATE GAS OR HAZARDOUS LIQUID
PIPELINE FACILITY- Section 60123(b) of title 49, United States Code, is
amended--
(1) by striking `, or attempting to damage or destroy,'; and
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HR 3162
(USA PATRIOT ACT) Act of 2001 (Engrossed in House )
http://thomas.loc.gov/cgi-bin/query/D?c107:2:./temp/~c107KUeSWs::
U.S. House of Representatives
http://www.house.gov/
Bush Signs Our Rights Over to Military Courts
http://disc.server.com/discussion.cgi?id=149495&article=11514
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