I 111th CONGRESS 1st Session H. R. 3375 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.

1.

Short title

This Act may be cited as the Stop White-collar Assistance to Terrorists Act.

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. .

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.

4.

Providing material support to terrorists

Section 2339A of title 18, United States Code, is amended by striking 15 years and inserting 30 years.

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.