IIB
107TH CONGRESS
1ST SESSION
H. R. 3275
IN THE SENATE OF THE UNITED STATES
DECEMBER 20 (legislative day, DECEMBER 18), 2001
Received; read twice and referred to the Committee on the Judiciary
AN ACT
To implement the International Convention for the Suppres-
sion 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.
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—SUPPRESSION OF
TERRORIST BOMBINGS
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Terrorist Bombings
Convention Implementation Act of 2001’’.
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 new section:
‘‘§ 2332f. Bombings of places of public use, govern-
ment facilities, public transportation sys-
tems and infrastructure facilities
‘‘(a) OFFENSES.—
‘‘(1) IN GENERAL.—Whoever unlawfully deliv-
ers, 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 seri-
ous bodily injury, or
‘‘(B) with the intent to cause extensive de-
struction of such a place, facility, or system,
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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 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 at-
tempt 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
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‘‘(iii) on board an aircraft which is op-
erated 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 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 at-
tempt to compel the United States to do or ab-
stain from doing any act;
‘‘(E) the offense is committed against a
state or government facility of the United
States, including an embassy or other diplo-
matic or consular premises of the United
States;
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tion that are accessible or open to members of the
public, whether continuously, periodically, or occa-
sionally, and encompasses any commercial, business,
cultural, historical, educational, religious, govern-
mental, entertainment, recreational, or similar place
that is so accessible or open to the public;
‘‘(7) ‘public transportation system’ means all
facilities, conveyances, and instrumentalities, wheth-
er 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 sec-
tion 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
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purpose of national defense or security, and persons
acting in support of those armed forces who are
under their formal command, control, and responsi-
bility;
‘‘(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 adding after the item relating
to section 2332e the following:
‘‘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 con-
duct.
SEC. 103. EFFECTIVE DATE.
Section 102 of this title shall become effective on the
date that the International Convention for the Suppres-
sion of Terrorist Bombings enters into force for the
United States.
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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 2001’’.
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
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
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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 con-
text, 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 sub-
section, it shall not be necessary that the funds were
actually used to carry out a predicate act.
‘‘(b) CONCEALMENT.—
‘‘(1) IN GENERAL.—Whoever, in the United
States, or outside the United States and 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), knowingly conceals or disguises the
nature, the location, the source, or the ownership or
control of any material support or resources pro-
vided in violation of section 2339B of this chapter,
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or of any funds provided or collected in violation of
subsection (a) or any proceeds of such funds, shall
be punished as prescribed in subsection (d)(2).
‘‘(2) ATTEMPTS AND CONSPIRACIES.—Whoever
attempts or conspires to commit an offense under
paragraph (1) shall be punished as prescribed in
subsection (d)(2).
‘‘(c) 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 an-
other 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 oper-
ated 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
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‘‘(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 inter-
national 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
conducted in, or the results thereof af-
fected, 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—
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‘‘(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 dip-
lomatic 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, dis-
tricts, commonwealths, territories, or pos-
sessions;
‘‘(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.
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‘‘(d) PENALTIES.—
‘‘(1) Whoever violates subsection (a) shall be
fined under this title, imprisoned for not more than
20 years, or both.
‘‘(2) Whoever violates subsection (b) shall be
fined under this title, imprisoned for not more than
10 years, or both.
‘‘(e) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘funds’ means assets of every
kind, whether tangible or intangible, movable or im-
movable, however acquired, and legal documents or
instruments in any form, including electronic or dig-
ital, evidencing title to, or interest in, such assets,
including coin, currency, bank credits, travelers
checks, bank checks, money orders, shares, securi-
ties, 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 ju-
diciary, 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 con-
nection with their official duties;
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‘‘(3) the term ‘proceeds’ means any funds de-
rived 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;
‘‘(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
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Assembly of the United Nations on December
17, 1979;
‘‘(E) the Convention on the Physical Pro-
tection 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 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;
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‘‘(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 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 man-
agement or control of that legal entity has, in that capac-
ity, committed an offense set forth in subsection (a).’’.
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(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 sections 2339C(c)(1)(D) and (2)(B) of
title 18, United States Code, which shall become effective
on the date that the International Convention for the Sup-
pression 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 Con-
vention for the Suppression of Terrorist Bombing enters
into force for the United States, section 202 of this title
shall be effective upon enactment.
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
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(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 amend-
ed by—
(1) inserting ‘‘2332f (relating to bombing of
public places and facilities),’’ after ‘‘2332b (relating
to acts of terrorism transcending national bound-
aries),’’; 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 IN-
STRUMENTALITIES.—Section 981(a)(1) of title 18, United
States Code, is amended by adding at the end thereof the
following new subparagraph:
‘‘(H) Any property, real or personal, involved in
a violation or attempted violation, or which con-
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stitutes or is derived from proceeds traceable to a
violation, of section 2339C of this title.’’.
Passed the House of Representatives December 19,
2001.
Attest:
JEFF TRANDAHL,
Clerk.