In the Senate of the United States,
June 14, 2002.
Resolved, That the bill from the House of Representa-
tives (H.R. 3275) entitled ‘‘An Act to implement the Inter-
national Convention for the Suppression of Terrorist Bomb-
ings 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.’’, do pass with the following
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’.
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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:
‘‘§ 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 transpor-
tation system, or an infrastructure facility—
‘‘(A) with the intent to cause death or seri-
ous bodily injury, or
‘‘(B) with the intent to cause extensive de-
struction 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 sub-
section (c).
‘‘(b) JURISDICTION.—There is jurisdiction over the of-
fenses in subsection (a) if—
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‘‘(1) the offense takes place in the United States
and—
‘‘(A) the offense is committed against an-
other 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 reg-
istered 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—
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‘‘(A) a perpetrator is a national of the
United States or is a stateless person whose ha-
bitual 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 com-
mitted; 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—
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‘‘(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, mem-
bers 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
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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, enter-
tainment, recreational, or similar place that is so ac-
cessible or open to the public;
‘‘(7) ‘public transportation system’ means all fa-
cilities, 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
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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 im-
pact 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 polit-
ical subdivisions thereof.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 113B of title 18, United States
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Code, is amended by inserting after section 2332e the fol-
lowing:
‘‘2332f. Bombings of places of public use, government facilities, public transpor-
tation 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 Inter-
national Convention for the Suppression of Terrorist Bomb-
ings 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 Fi-
nancing 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:
‘‘§ 2339C. Prohibitions against the financing of ter-
rorism
‘‘(a) OFFENSES.—
‘‘(1) IN GENERAL.—Whoever, in a circumstance
described in subsection (c), by any means, directly or
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indirectly, unlawfully and willfully provides or col-
lects 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 sub-
section (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 sub-
section (d)(1).
‘‘(3) RELATIONSHIP
TO
PREDICATE
ACT.—For
an act to constitute an offense set forth in this sub-
section, it shall not be necessary that the funds were
actually used to carry out a predicate act.
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‘‘(b) JURISDICTION.—There is jurisdiction over the of-
fenses in subsection (a) in the following circumstances—
‘‘(1) the offense takes place in the United States
and—
‘‘(A) a perpetrator was a national of an-
other state or a stateless person;
‘‘(B) on board a vessel flying the flag of an-
other 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 fa-
cility 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
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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 ei-
ther the offense or the predicate act was con-
ducted 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 ha-
bitual 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 diplo-
matic or consular premises of the United
States;
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‘‘(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 air-
craft 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 ab-
stain from doing any act.
‘‘(c) CONCEALMENT.—Whoever—
‘‘(1)(A) is in the United States; or
‘‘(B) is outside the United States and is a na-
tional 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
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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, mem-
bers 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, donat-
ing, and transmitting;
‘‘(5) the term ‘collects’ includes raising and re-
ceiving;
‘‘(6) the term ‘predicate act’ means any act re-
ferred 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;
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‘‘(B) the Convention for the Suppression of
Unlawful Acts against the Safety of Civil Avia-
tion, 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 Protec-
tion of Nuclear Material, adopted at Vienna on
March 3, 1980;
‘‘(F) the Protocol for the Suppression of Un-
lawful 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;
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‘‘(H) the Protocol for the Suppression of
Unlawful Acts against the Safety of Fixed Plat-
forms 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, iso-
lated 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
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‘‘(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 crimi-
nal, 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 pos-
sessions, shall be liable to the United States for the sum
of at least $10,000, if a person responsible for the manage-
ment 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
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become effective on the date that the International Conven-
tion 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 pub-
lic 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’’.