[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3275 Enrolled Bill (ENR)]
H.R.3275
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
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,

49c081f379c59f6132da5beaf5ce30314663fcedcd78d3d58e7bf0944a351e20

This title may be cited as the ``Terrorist Bombings Convention
Implementation Act of 2002''.

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TITLE I

-SUPPRESSION OF TERRORIST BOMBINGS

(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 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.

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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.

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This title may be cited as the ``Suppression of the Financing of
Terrorism Convention Implementation Act of 2002''.

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TITLE II

-SUPPRESSION OF THE FINANCING OF TERRORISM

(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
``(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.

a83a5f804b7e85d1ff13ddde753b5d01aa53ba9c6909df1116b18d61369cc919

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.

700c6e37c7e5b916efe03f033c766ae43567a68ecbc8b127e37870922941c88a

(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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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TITLE III

-ANCILLARY MEASURES