[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1770 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1770

   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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 5, 2001

   Mr. Leahy introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   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 adding at the end thereof 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.
    ``(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 legal 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 at 
the end thereof 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 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) 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) Penalties.--Whoever violates subsection (a) shall be fined 
under this title, imprisoned for not more than 20 years, or both.
    ``(d) 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.
    ``(e) 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(d)(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.''.

     TITLE IV--DISCLOSURE OF INTERCEPTED WIRE, ORAL, OR ELECTRONIC 
               COMMUNICATIONS TO FOREIGN LAW ENFORCEMENT

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Foreign Law Enforcement 
Cooperation Act of 2001''.

SEC. 402. AMENDMENT TO WIRETAP DISCLOSURE STATUTE.

    Section 2517 of title 18, United States Code, relating to the 
interception of communications, is amended by adding at the end the 
following:
    ``(6) Disclosure otherwise prohibited under this chapter of 
knowledge of or the contents of any wire, oral, or electronic 
communication, or evidence derived therefrom may also be made when 
permitted by the court at the request of an attorney for the 
government, upon a showing that such information may disclose a 
violation of the criminal laws of the United States or a foreign 
nation, to an appropriate official of a foreign nation or subdivision 
thereof for the purpose of enforcing such criminal law. If the court 
orders disclosure of any matters under this subsection, the disclosure 
shall be made in such manner, at such time, and under such conditions 
as the court may direct. In making any application under this 
subsection, the attorney for the government shall certify that the 
official or officials for whom an order permitting disclosure is 
sought, have been informed that they may only make use of the 
information provided under this subsection consistent with such 
guidelines as the Attorney General shall issue to protect 
confidentiality.''.
                                 <all>