[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3375 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3375
To amend title 18, United States Code, to increase penalties for
certain fraud offenses committed to facilitate terrorism, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 29, 2009
Mr. Kratovil (for himself and Mr. Harper) introduced the following
bill; which was referred to the Committee on the Judiciary, and in
addition to the Committee on Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to increase penalties for
certain fraud offenses committed to facilitate terrorism, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop White-collar Assistance to
Terrorists Act''.
SEC. 2. CREDIT CARD FRAUD.
Section 1029 (c) of title 18, United States Code, is amended by
adding at the end the following:
``(3) Special rule for terrorism-related offenses.--If the
offense under this section was committed to facilitate an act
of domestic terrorism (as defined in section 2331) or an act of
international terrorism (as defined in section 2331) the
maximum term of imprisonment is 20 years in the case of a
first-time conviction under this section, and 30 years if a
prior conviction under this section has occured.''.
SEC. 3. FINANCIAL FRAUD.
(a) Counterfeit or Forged Securities.--Subsections (a) and (b) of
section 513 of title 18, United States Code, are each amended by
inserting ``, but if the offense is committed to facilitate an act of
domestic terrorism (as defined in section 2331) or an act of
international terrorism (as defined in section 2331) the maximum term
of imprisonment is 25 years'' after ``or both''.
(b) Operating an Unlicensed Money Transmitting Business.--Section
1960(a) of title 18, United States Code, is amended by inserting ``,
but if the offense is committed to facilitate an act of domestic
terrorism (as defined in section 2331) or an act of international
terrorism (as defined in section 2331) the maximum term of imprisonment
is 20 years'' after ``or both''.
(c) Moneylaundering.--Section 1956(a) of title 18, United States
Code, is amended by adding at the end the following new paragraph:
``(4) If the offense under this subsection is committed to
facilitate an act of domestic terrorism (as defined in section
2331) or an act of international terrorism (as defined in
section 2331) the maximum term of imprisonment for that offense
is 30 years.''.
(d) Bribery.--Section 201 of title 18, United States Code, is
amended--
(1) in subsection (b), by inserting ``, but if the offense
under paragraph (1) is committed to facilitate an act of
domestic terrorism (as defined in section 2331) or an act of
international terrorism (as defined in section 2331) the
maximum term of imprisonment is 30 years'' after ``under the
United States''; and
(2) in subsection (c), by inserting ``, but if the offense
under paragraph (1) is committed to facilitate an act of
domestic terrorism (as defined in section 2331) or an act of
international terrorism (as defined in section 2331) the
maximum term of imprisonment is 10 years'' after ``or both''.
(e) Social Security Fraud.--Section 208(a) of the Social Security
Act (42 U.S.C. 408(a)) is amended by inserting ``, but in the case of
any offense under this subsection that was committed to facilitate an
act of domestic terrorism (as defined in section 2331) or an act of
international terrorism (as defined in section 2331) the maximum term
of imprisonment is 20 years'' after ``or both''.
SEC. 4. PROVIDING MATERIAL SUPPORT TO TERRORISTS.
Section 2339A of title 18, United States Code, is amended by
striking ``15 years'' and inserting ``30 years''.
SEC. 5. AMENDMENT TO THE SENTENCING GUIDELINES RELATING TO CERTAIN
CRIMES.
(a) In General.--Pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall review and, if appropriate,
amend the sentencing guidelines and policy statements applicable to
persons convicted of an offense committed to facilitate terrorism under
sections 201, 513, 1029, 1956, 1960, and 2339A of title 18, United
States Code, and section 208(a) of the Social Security Act (42 U.S.C.
408(a)) in order to reflect the intent of Congress that such penalties
be increased in comparison to those currently provided by the
sentencing guidelines and policy statements.
(b) Considerations.--In carrying out this section, the Sentencing
Commission, shall--
(1) ensure that the sentencing guidelines and policy
statements reflect Congress' intent that the sentencing
guidelines and policy statements reflect the--
(A) serious nature of the offenses described in
this Act; and
(B) need for an effective deterrent and appropriate
punishment to prevent such offenses;
(2) consider the extent to which the sentencing guidelines
and policy statements may or may not appropriately account
for--
(A) the potential and actual harm to the public
from the offense;
(B) the level of sophistication and planning
involved in the offense; and
(C) whether the offense was intended to or had the
effect of creating a threat to public health or safety,
injury to another person, or even death;
(3) assure reasonable consistency with other relevant
directives and with other sentencing guidelines and policy
statements;
(4) account for any additional aggravating or mitigating
circumstances that may justify exceptions to the generally
applicable sentencing ranges; and
(5) assure that the sentencing guidelines and policy
statements adequately meet the purposes of sentencing as set
forth in section 3553(a)(2) of title 18, United States Code.
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