[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3275 Enrolled Bill (ENR)]

        H.R.3275

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
          the twenty-third day of January, two thousand and two


                                 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 2002''.

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:

``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 punished 
as provided under section 2332a(a) of this title.
    ``(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 inserting 
after 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 shall take effect 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 2002''.

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) 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.
    ``(c) Concealment.--Whoever--
        ``(1)(A) is in the United States; or
        ``(B) is outside the United States and is 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); and
        ``(2) knowingly conceals or disguises the nature, location, 
    source, ownership, or control of any material support, resources, 
    or funds--
            ``(A) knowing or intending that the support or resources 
        were provided in violation of section 2339B of this title; or
            ``(B) knowing or intending that any such funds or any 
        proceeds of such funds were provided or collected in violation 
        of subsection (a),
shall be punished as prescribed in subsection (d)(2).
    ``(d) Penalties.--
        ``(1) Subsection (a).--Whoever violates subsection (a) shall be 
    fined under this title, imprisoned for not more than 20 years, or 
    both.
        ``(2) Subsection (c).--Whoever violates subsection (c) shall be 
    fined under this title, imprisoned for not more than 10 years, or 
    both.
    ``(e) Definitions.--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 paragraphs (1)(D) and (2)(B) of section 2339C(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 shall take effect on the date of 
enactment of this Act.

                     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 the following:
            ``(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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.