‘‘(B) creates a substantial risk of serious
bodily injury to any other person by destroying
or damaging 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 as prescribed in subsection
(c).
‘‘(2) Whoever threatens to commit an offense
under paragraph (1), or attempts or conspires to do
so, shall be punished as prescribed in subsection (c).
‘‘(b) JURISDICTIONAL BASES.—The circumstances
referred to in subsection (a) are—
‘‘(1) any of the offenders travels in, or uses the
mail or any facility of, interstate or foreign com-
merce in furtherance of the offense or to escape ap-
prehension after the commission of the offense;
‘‘(2) the offense obstructs, delays, or affects
interstate or foreign commerce, or would have so ob-
structed, delayed, or affected interstate or foreign
commerce if the offense had been consummated;
‘‘(3) the victim, or intended victim, is the Unit-
ed States Government or any official, officer, em-
ployee, or agent of the legislative, executive, or judi-
cial branches, or of any department or agency, of
the United States;
‘‘(4) the structure, conveyance, or other real or
personal property is, in whole or in part, owned, pos-
sessed, used by, or leased to the United States, or
any department or agency thereof;
‘‘(5) the offense is committed in the territorial
sea (including the airspace above and the seabed and
subsoil below, and artificial islands and fixed struc-
tures erected thereon) of the United States; or
‘‘(6) the offense is committed in those places
within the United States that are in the special mar-
itime and territorial jurisdiction of the United
States.
Jurisdiction shall exist over all principals and co-conspira-
tors of an offense under this section, and accessories after
the fact to any offense under this section, if at least one
of such circumstances is applicable to at least one of-
fender.
‘‘(c) PENALTIES.—
‘‘(1) Whoever violates this section shall be pun-
ished—
‘‘(A) for a killing or if death results to any
person from any other conduct prohibited by
this section by death, or by imprisonment for
any term of years or for life;
‘‘(B) for kidnapping, by imprisonment for
any term of years or for life;
‘‘(C) for maiming, by imprisonment for not
more than 35 years;
‘‘(D) for assault with a dangerous weapon
or assault resulting in serious bodily injury, by
imprisonment for not more than 30 years;
‘‘(E) for destroying or damaging any
structure, conveyance, or other real or personal
property, by imprisonment for not more than
25 years;
‘‘(F) for attempting or conspiring to com-
mit an offense, for any term of years up to the
maximum punishment that would have applied
had the offense been completed; and
‘‘(G) for threatening to commit an offense
under this section, by imprisonment for not
more than 10 years.
‘‘(2) Notwithstanding any other provision of
law, the court shall not place on probation any per-
son convicted of a violation of this section; nor shall
the term of imprisonment imposed under this section
run concurrently with any other term of imprison-
ment.
‘‘(d) LIMITATION ON PROSECUTION.—No indictment
shall be sought nor any information filed for any offense
described in this section until the Attorney General, or the
highest ranking subordinate of the Attorney General with
responsibility for criminal prosecutions, makes a written
certification that, in the judgment of the certifying official,
such offense, or any activity preparatory to or meant to
conceal its commission, is terrorism, as defined in section
2331 of this title.
‘‘(e) PROOF REQUIREMENTS.—
‘‘(1) The prosecution is not required to prove
knowledge by any defendant of a jurisdictional base
alleged in the indictment.
‘‘(2) In a prosecution under this section that is
based upon the adoption of State law, only the ele-
ments of the offense under State law, and not any
provisions pertaining to criminal procedure or evi-
dence, are adopted.
‘‘(f) EXTRATERRITORIAL JURISDICTION.—There is
extraterritorial Federal jurisdiction—
‘‘(1) over any offense under subsection (a), in-
cluding any threat, attempt, or conspiracy to commit
such offense; and
‘‘(2) over conduct which, under section 3 of this
title, renders any person an accessory after the fact
to an offense under subsection (a).
‘‘(g) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘conduct transcending national
boundaries’ means conduct occurring in another
country in addition to the conduct occurring in the
United States;
‘‘(2) the term ‘facility of interstate or foreign
commerce’ has the meaning given that term in sec-
tion 1958(b)(2) of this title;
‘‘(3) the term ‘serious bodily injury’ has the
meaning prescribed in section 1365(g)(3) of this
title; and
‘‘(4) 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.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of the chapter 113B of title 18, United
States Code, that relates to terrorism is amended by in-
serting after the item relating to section 2332a the follow-
ing new item:
‘‘2332b. Acts of terrorism transcending national boundaries.’’
(c) STATUTE OF LIMITATIONS AMENDMENT.—Sec-
tion 3286 of title 18, United States Code, is amended by—
(1) striking ‘‘any offense’’ and inserting ‘‘any
non-capital offense’’;
(2) striking ‘‘36’’ and inserting ‘‘37’’;
(3) striking ‘‘2331’’ and inserting ‘‘2332’’;
(4) striking ‘‘2339’’ and inserting ‘‘2332a’’; and
(5) inserting ‘‘2332b (acts of terrorism tran-
scending national boundaries),’’ after ‘‘(use of weap-
ons of mass destruction),’’.
(d) PRESUMPTIVE DETENTION.—Section 3142(e) of
title 18, United States Code, is amended by inserting ‘‘,
956(a), or 2332b’’ after ‘‘section 924(c)’’.
SEC. 105. CONSPIRACY TO HARM PEOPLE AND PROPERTY
OVERSEAS.
(a) IN GENERAL.—Section 956 of chapter 45 of title
18, United States Code, is amended to read as follows:
‘‘§ 956. Conspiracy to kill, kidnap, maim, or injure
persons or damage property in a foreign
country
‘‘(a)(1) Whoever, within the jurisdiction of the United
States, conspires with one or more other persons, regard-
less of where such other person or persons are located,
to commit at any place outside the United States an act
that would constitute the offense of murder, kidnapping,