[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4192 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 4192

 To amend title 18, United States Code, to provide for an offense for 
  acts of terrorism occurring in the territorial jurisdiction of the 
                 United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 16, 2019

  Mr. Schiff introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to provide for an offense for 
  acts of terrorism occurring in the territorial jurisdiction of the 
                 United States, 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 ``Confronting the Threat of Domestic 
Terrorism Act''.

SEC. 2. ACTS OF TERRORISM OCCURRING IN THE TERRITORIAL JURISDICTION OF 
              THE UNITED STATES.

    (a) In General.--Chapter 113B of title 18, United States Code, is 
amended by inserting after section 2332i the following:
``Sec. 2332j. Acts of terrorism occurring in the territorial 
              jurisdiction of the United States
    ``(a) Prohibited Acts.--
            ``(1) Offenses.--Whoever, in a circumstance described in 
        subsection (b), and with the intent to intimidate or coerce a 
        civilian population, influence the policy of a government by 
        intimidation or coercion, or affect the conduct of a government 
        by mass destruction, assassination, or kidnapping--
                    ``(A) knowingly kills, kidnaps, maims, commits an 
                assault resulting in serious bodily injury, or assaults 
                with a dangerous weapon any person within the United 
                States; or
                    ``(B) creates a substantial risk of serious bodily 
                injury to any other person by knowingly destroying or 
                damaging any structure, conveyance, or other real or 
                personal property within the United States or by 
                attempting or conspiring to destroy or damage any 
                structure, conveyance, or other real or personal 
                property within the United States,
        in violation of the laws of any State, or the United States, 
        shall be punished under section 2332b(c).
            ``(2) Treatment of threats, attempts and conspiracies.--
        Whoever threatens to commit an offense under paragraph (1), or 
        attempts or conspires to do so, shall be punished under section 
        2332b(c).
    ``(b) Jurisdictional Bases.--
            ``(1) Circumstances.--The circumstances referred to in 
        subsection (a) are--
                    ``(A) the mail or any facility of interstate or 
                foreign commerce is used in furtherance of the offense;
                    ``(B) the offense obstructs, delays, or affects 
                interstate or foreign commerce, or would have so 
                obstructed, delayed, or affected interstate or foreign 
                commerce if the offense had been consummated;
                    ``(C) the offense occurs during the course of, or 
                as a result of, the travel of the defendant or the 
                victim--
                            ``(i) across a State line or national 
                        border; or
                            ``(ii) using a facility of interstate or 
                        foreign commerce;
                    ``(D) the victim, or intended victim, is the United 
                States Government, a member of the uniformed services, 
                or any official, officer, employee, or agent of the 
                legislative, executive, or judicial branches, or of any 
                department or agency, of the United States;
                    ``(E) the structure, conveyance, or other real or 
                personal property is, in whole or in part, owned, 
                possessed, or leased to the United States, or any 
                department or agency of the United States;
                    ``(F) in connection with the conduct described in 
                subsection (a), the defendant employs a firearm, 
                dangerous weapon, weapon of mass destruction, or other 
                weapon that has traveled in interstate or foreign 
                commerce;
                    ``(G) the offense is committed in the territorial 
                sea (including the airspace above and the seabed and 
                subsoil below, and artificial islands and fixed 
                structures erected thereon) of the United States; or
                    ``(H) the offense is committed within the special 
                maritime and territorial jurisdiction of the United 
                States.
            ``(2) Co-conspirators and accessories after the fact.--
        Jurisdiction shall exist over all principals and co-
        conspirators of an offense under this section, and accessories 
        after the fact to any offense under this section, if at least 
        one of the circumstances described in subparagraphs (A) through 
        (H) of paragraph (1) is applicable to at least one offender.
    ``(c) Proof Requirements.--The following shall apply to 
prosecutions under this section:
            ``(1) Knowledge.--The prosecution is not required to prove 
        knowledge by any defendant of a jurisdictional base alleged in 
        the indictment.
            ``(2) State law.--In a prosecution under this section that 
        is based upon the adoption of State law, only the elements of 
        the offense under State law, and not any provisions pertaining 
        to criminal procedure or evidence, are adopted.
    ``(d) Definitions.--As used in this section--
            ``(1) the term `facility of interstate or foreign commerce' 
        has the meaning given that term in section 1958(b)(2);
            ``(2) the term `serious bodily injury' has the meaning 
        given that term in section 1365(h)(3);
            ``(3) the term `firearm' has the meaning given that term in 
        section 921(a)(3);
            ``(4) the term `weapon of mass destruction' has the meaning 
        given that term in section 2332a(c)(2); and
            ``(5) the term `territorial sea of the United States' means 
        all waters extending seaward to 12 nautical miles from the 
        baselines of the United States, determined in accordance with 
        international law.
    ``(e) Limitation on Prosecution.--No prosecution for any offense 
described in this section shall be undertaken by the United States 
except on written certification of the Attorney General or the highest 
ranking subordinate of the Attorney General with responsibility for 
criminal prosecutions of the offenses in this chapter that, in the 
judgment of the certifying official, such offense was intended to 
intimidate or coerce a civilian population, influence the policy of a 
government by intimidation or coercion, or affect the conduct of a 
government by mass destruction, assassination, or kidnapping.''.
    (b) Clerical Amendment.--The table of sections for chapter 113B of 
title 18, United States Code, is amended by inserting after the item 
relating to section 2332i the following:

``2332j. Acts of terrorism occurring in the territorial jurisdiction of 
                            the United States.''.
    (c) Conforming Amendments.--
            (1) Federal crime of terrorism.--Section 2332b(g)(5) of 
        title 18, United States Code, is amended by inserting after 
        ``2332i (relating to acts of nuclear terrorism),'' the 
        following: ``2332j (relating to acts of terrorism occurring in 
        the territorial jurisdiction of the United States),''.
            (2) Providing material support to terrorists.--Section 
        2339A(a) of title 18, United States Code, is amended by 
        inserting after ``2332f,'' the following: ``2332j,''.
    (d) Penalty Clarification.--Section 2332b(c)(1)(E) of title 18, 
United States Code, is amended by inserting after ``for'' the 
following: ``creating a substantial risk of serious bodily injury to 
any other person by''.
    (e) Report on Civil Liberties.--
            (1) In general.--Not later than 4 years after the date of 
        the enactment of this Act, the Privacy and Civil Liberties 
        Oversight Board established by section 1061 of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee) 
        shall make publicly available a report on any civil liberties 
        issues arising from the implementation of section 2332j of 
        title 18, United States Code, as added by subsection (a), 
        including with respect to both the investigation and the 
        prosecution of offenses under such section.
            (2) Consultation.--In determining the scope of the report 
        under paragraph (1), the chair of the Privacy and Civil 
        Liberties Oversight Board shall consult with the chairs and 
        ranking members of the following committees:
                    (A) The Committee on the Judiciary, the Committee 
                on Homeland Security, and the Permanent Select 
                Committee on Intelligence of the House of 
                Representatives.
                    (B) The Committee on the Judiciary, the Committee 
                on Homeland Security and Governmental Affairs, and the 
                Select Committee on Intelligence of the Senate.
            (3) Form.--The report under paragraph (1) shall be in 
        unclassified form.
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