[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3275 Referred in Senate (RFS)]
1st Session
H. R. 3275
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 20 (legislative day, December 18), 2001
Received; read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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 lethal 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.''.
Passed the House of Representatives December 19, 2001.
Attest:
JEFF TRANDAHL,
Clerk.