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 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.
Be it enacted by the Senate and House of Representatives 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 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:
‘‘§ 2332f. Bombings of places of public use, government facili-
ties, public transportation systems and infra-
structure facilities
‘‘(a) OFFENSES.—
‘‘(1) IN GENERAL.—Whoever unlawfully delivers, places, dis-
charges, 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—
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‘‘(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 govern-
ment 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 reg-
istered 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 pun-
ished 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;
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‘‘(2) ‘national of the United States’ has the meaning given
that term in section 101(a)(22) of the Immigration and Nation-
ality 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 commu-
nications;
‘‘(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, periodi-
cally, or occasionally, and encompasses any commercial, busi-
ness, cultural, historical, educational, religious, governmental,
entertainment, recreational, or similar place that is so acces-
sible or open to the public;
‘‘(7) ‘public transportation system’ means all facilities,
conveyances, and instrumentalities, whether publicly or pri-
vately 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 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.’’.
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(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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:
‘‘§ 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, unlaw-
fully 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 imple-
mented 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 con-
stitute 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—
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‘‘(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 prop-
erty 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
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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 viola-
tion 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;
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‘‘(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 Conti-
nental 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 Immigra-
tion 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 subdivi-
sions 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 begin-
ning 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
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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 tran-
scending 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 INSTRUMENTAL-
ITIES.—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 viola-
tion 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.