[Congressional Record Volume 148, Number 81 (Tuesday, June 18, 2002)]
[House]
[Pages H3633-H3635]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        TERRORIST BOMBINGS CONVENTION IMPLEMENTATION ACT OF 2001

  Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent to take from 
the Speaker's table the bill (H.R. 3275) 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, with a Senate amendment thereto, and 
concur in the Senate amendment.
  The Clerk read the title of the bill.
  The Clerk read the Senate amendment, as follows:
       Senate amendment:
       Strike out all after the enacting clause and insert:

               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

[[Page H3634]]

     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

[[Page H3635]]

       ``(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.''.

  Mr. SENSENBRENNER (during the reading). Mr. Speaker, I ask unanimous 
consent that the Senate amendment be considered as read and printed in 
the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  The SPEAKER pro tempore. Is there objection to the original request 
of the gentleman from Wisconsin?
  There was no objection.
  A motion to reconsider was laid on the table.

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