- HR 3162 SEC. 802 DEFINITION OF DOMESTIC TERRORISM http://disc
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- 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.
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- (a) DOMESTIC TERRORISM DEFINED- Section 2331 of title
18, United States Code, is amended:
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- (1) in paragraph (1)(B)(iii), by striking `by
assassination
or kidnapping' and inserting `by mass destruction, assassination, or
kidnapping';
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- (2) in paragraph (3), by striking `and';
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- (3) in paragraph (4), by striking the period at the end
and inserting `; and'; and
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- (4) by adding at the end the following:
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- `(5) the term `domestic terrorism' means activities
that--
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- `(A) involve acts dangerous to human life that are a
violation of the criminal laws of the United States or of any State;
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- `(B) appear to be intended--
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- `(i) to intimidate or coerce a civilian
population;
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- `(ii) to influence the policy of a government by
intimidation
or coercion; or
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- `(iii) to affect the conduct of a government by mass
destruction, assassination, or kidnapping; and
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- `(C) occur primarily within the territorial jurisdiction
of the United States.'.
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- (b) CONFORMING AMENDMENT- Section 3077(1) of title 18,
United States Code, is amended to read as follows:
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- `(1) `act of terrorism' means an act of domestic or
international
terrorism as defined in section 2331;'.
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- SEC. 803. PROHIBITION AGAINST HARBORING
TERRORISTS.
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- (a) IN GENERAL- Chapter 113B of title 18, United States
Code, is amended by adding after section 2338 the following new
section:
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- `Sec. 2339. Harboring or concealing terrorists
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- `(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.'.
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- `(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.'.
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- (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:
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- `2339. Harboring or concealing terrorists.'.
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- SEC. 804. JURISDICTION OVER CRIMES COMMITTED AT U.S.
FACILITIES ABROAD.
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- Section 7 of title 18, United States Code, is amended
by adding at the end the following:
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- `(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--
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- `(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
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- `(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.
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- 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.'.
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- SEC. 805. MATERIAL SUPPORT FOR TERRORISM.
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- (a) IN GENERAL- Section 2339A of title 18, United States
Code, is amended--
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- (1) in subsection (a)--
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- (A) by striking `, within the United States,';
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- (B) by inserting `229,' after `175,';
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- (C) by inserting `1993,' after `1992,';
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- (D) by inserting `, section 236 of the Atomic Energy
Act of 1954 (42 U.S.C. 2284),' after `of this title';
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- (E) by inserting `or 60123(b)' after `46502'; and
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- (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
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- (2) in subsection (b)--
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- (A) by striking `or other financial securities' and
inserting
`or monetary instruments or financial securities'; and
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- (B) by inserting `expert advice or assistance,' after
`training,'.
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- (b) TECHNICAL AMENDMENT- Section 1956(c)(7)(D) of title
18, United States Code, is amended by inserting `or 2339B' after
`2339A'.
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- SEC. 806. ASSETS OF TERRORIST ORGANIZATIONS.
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- Section 981(a)(1) of title 18, United States Code, is
amended by inserting at the end the following:
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- `(G) All assets, foreign or domestic--
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- `(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;
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- `(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
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- `(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.'.
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- SEC. 807. TECHNICAL CLARIFICATION RELATING TO PROVISION
OF MATERIAL SUPPORT TO TERRORISM.
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- 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.
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- SEC. 808. DEFINITION OF FEDERAL CRIME OF
TERRORISM.
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- Section 2332b of title 18, United States Code, is
amended--
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- (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
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- (2) in subsection (g)(5)(B), by striking clauses (i)
through (iii) and inserting the following:
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- `(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;
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- `(ii) section 236 (relating to sabotage of nuclear
facilities
or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284); or
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- `(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.'.
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- SEC. 809. NO STATUTE OF LIMITATION FOR CERTAIN TERRORISM
OFFENSES.
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- (a) IN GENERAL- Section 3286 of title 18, United States
Code, is amended to read as follows:
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- `Sec. 3286. Extension of statute of limitation for
certain
terrorism offenses
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- `(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.
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- `(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.'.
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- (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.
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- SEC. 810. ALTERNATE MAXIMUM PENALTIES FOR TERRORISM
OFFENSES.
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- (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'.
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- (b) DESTRUCTION OF AN ENERGY FACILITY- Section 1366 of
title 18, United States Code, is amended--
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- (1) in subsection (a), by striking `ten' and inserting
`20'; and
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- (2) by adding at the end the following:
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- `(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.'.
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- (c) MATERIAL SUPPORT TO TERRORISTS- Section 2339A(a)
of title 18, United States Code, is amended--
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- (1) by striking `10' and inserting `15'; and
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- (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.'.
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- (d) MATERIAL SUPPORT TO DESIGNATED FOREIGN TERRORIST
ORGANIZATIONS- Section 2339B(a)(1) of title 18, United States Code, is
amended--
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- (1) by striking `10' and inserting `15'; and
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- (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.'.
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- (e) DESTRUCTION OF NATIONAL-DEFENSE MATERIALS- Section
2155(a) of title 18, United States Code, is amended--
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- (1) by striking `ten' and inserting `20'; and
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- (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.'.
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- (f) SABOTAGE OF NUCLEAR FACILITIES OR FUEL- Section 236
of the Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended--
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- (1) by striking `ten' each place it appears and inserting
`20';
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- (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
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- (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.'.
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- (g) SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES-
Section 46505(c) of title 49, United States Code, is amended--
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- (1) by striking `15' and inserting `20'; and
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- (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.'.
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- (h) DAMAGING OR DESTROYING AN INTERSTATE GAS OR HAZARDOUS
LIQUID PIPELINE FACILITY- Section 60123(b) of title 49, United States Code,
is amended--
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- (1) by striking `15' and inserting `20'; and
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- (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.'.
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- SEC. 811. PENALTIES FOR TERRORIST CONSPIRACIES.
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- (a) ARSON- Section 81 of title 18, United States Code,
is amended in the first undesignated paragraph--
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- (1) by striking `, or attempts to set fire to or burn';
and
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- (2) by inserting `or attempts or conspires to do such
an act,' = before `shall be imprisoned'.
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- (b) KILLINGS IN FEDERAL FACILITIES- Section 930(c) of
title 18, United States Code, is amended--
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- (1) by striking `or attempts to kill';
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- (2) by inserting `or attempts or conspires to do such
an act,' before `shall be punished'; and
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- (3) by striking `and 1113' and inserting `1113, and
1117'.
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- (c) COMMUNICATIONS LINES, STATIONS, OR SYSTEMS- Section
1362 of title 18, United States Code, is amended in the first undesignated
paragraph--
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- (1) by striking `or attempts willfully or maliciously
to injure or destroy'; and
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- (2) by inserting `or attempts or conspires to do such
an act,' before `shall be fined'.
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- (d) BUILDINGS OR PROPERTY WITHIN SPECIAL MARITIME AND
TERRITORIAL JURISDICTION- Section 1363 of title 18, United States Code,
is amended--
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- (1) by striking `or attempts to destroy or injure';
and
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- (2) by inserting `or attempts or conspires to do such
an act,' before `shall be fined' the first place it appears.
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- (e) WRECKING TRAINS- Section 1992 of title 18, United
States Code, is amended by adding at the end the following:
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- `(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.'.
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- (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'.
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- (g) TORTURE- Section 2340A of title 18, United States
Code, is amended by adding at the end the following:
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- `(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.'.
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- (h) SABOTAGE OF NUCLEAR FACILITIES OR FUEL- Section 236
of the Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended--
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- (1) in subsection (a)--
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- (A) by striking `, or who intentionally and willfully
attempts to destroy or cause physical damage to';
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- (B) in paragraph (4), by striking the period at the end
and inserting a comma; and
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- (C) by inserting `or attempts or conspires to do such
an act,' before `shall be fined'; and
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- (2) in subsection (b)--
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- (A) by striking `or attempts to cause'; and
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- (B) by inserting `or attempts or conspires to do such
an act,' before `shall be fined'.
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- (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'.
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- (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:
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- `(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.'.
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- (k) DAMAGING OR DESTROYING AN INTERSTATE GAS OR HAZARDOUS
LIQUID PIPELINE FACILITY- Section 60123(b) of title 49, United States Code,
is amended--
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- (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
)
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