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.....................................................................
(Original Signature of Member)

H. R. ll

116TH CONGRESS
1ST SESSION

To amend title 18, United States Code, to provide for an offense for acts
of terrorism occurring in the territorial jurisdiction of the United States,
and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
Ml. llllll introduced the following bill; which was referred to the
Committee on llllllllllllll

A BILL
To amend title 18, United States Code, to provide for an
offense for acts of terrorism occurring in the territorial
jurisdiction of the United States, and for other purposes.
1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,
3

SECTION 1. SHORT TITLE.

4

This Act may be cited as the ‘‘Confronting the Threat

5 of Domestic Terrorism Act’’.

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2
1

SEC. 2. ACTS OF TERRORISM OCCURRING IN THE TERRI-

2

TORIAL

3

STATES.

4

JURISDICTION

OF

THE

UNITED

(a) IN GENERAL.—Chapter 113B of title 18, United

5 States Code, is amended by inserting after section 2332i
6 the following:
7 ‘‘§ 2332j. Acts of terrorism occurring in the territorial
8
9

jurisdiction of the United States

‘‘(a) PROHIBITED ACTS.—

10

‘‘(1) OFFENSES.—Whoever, in a circumstance

11

described in subsection (b), and with the intent to

12

intimidate or coerce a civilian population, influence

13

the policy of a government by intimidation or coer-

14

cion, or affect the conduct of a government by mass

15

destruction, assassination, or kidnapping—

16

‘‘(A) knowingly kills, kidnaps, maims, com-

17

mits an assault resulting in serious bodily in-

18

jury, or assaults with a dangerous weapon any

19

person within the United States; or

20

‘‘(B) creates a substantial risk of serious

21

bodily injury to any other person by knowingly

22

destroying or damaging any structure, convey-

23

ance, or other real or personal property within

24

the United States or by attempting or con-

25

spiring to destroy or damage any structure,

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1

conveyance, or other real or personal property

2

within the United States;

3

in violation of the laws of any State, or the United

4

States, shall be punished under section 2332b(c).

5

‘‘(2) TREATMENT

6

CONSPIRACIES.—Whoever

7

offense under paragraph (1), or attempts or con-

8

spires to do so, shall be punished under section

9

2332b(c).

10

12

threatens to commit an

‘‘(b) JURISDICTIONAL BASES.—

11

‘‘(1) CIRCUMSTANCES.—The circumstances referred to in subsection (a) are—

13

‘‘(A) the mail or any facility of interstate

14

or foreign commerce is used in furtherance of

15

the offense;

16

‘‘(B) the offense obstructs, delays, or af-

17

fects interstate or foreign commerce, or would

18

have so obstructed, delayed, or affected inter-

19

state or foreign commerce if the offense had

20

been consummated;

21

‘‘(C) the offense occurs during the course

22

of, or as a result of, the travel of the defendant

23

or the victim—

24

‘‘(i) across a State line or national

25

border; or

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OF THREATS, ATTEMPTS AND

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1

‘‘(ii) using a facility of interstate or

2

foreign commerce;

3

‘‘(D) the victim, or intended victim, is the

4

United States Government, a member of the

5

uniformed services, or any official, officer, em-

6

ployee, or agent of the legislative, executive, or

7

judicial branches, or of any department or

8

agency, of the United States;

9

‘‘(E) the structure, conveyance, or other

10

real or personal property is, in whole or in part,

11

owned, possessed, or leased to the United

12

States, or any department or agency of the

13

United States;

14

‘‘(F) in connection with the conduct de-

15

scribed in subsection (a), the defendant employs

16

a firearm, dangerous weapon, weapon of mass

17

destruction, or other weapon that has traveled

18

in interstate or foreign commerce;

19

‘‘(G) the offense is committed in the terri-

20

torial sea (including the airspace above and the

21

seabed and subsoil below, and artificial islands

22

and fixed structures erected thereon) of the

23

United States; or

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1

‘‘(H) the offense is committed within the

2

special maritime and territorial jurisdiction of

3

the United States.

4

‘‘(2)

CO-CONSPIRATORS

AND

ACCESSORIES

5

AFTER THE FACT.—Jurisdiction

6

principals and co-conspirators of an offense under

7

this section, and accessories after the fact to any of-

8

fense under this section, if at least one of the cir-

9

cumstances described in subparagraphs (A) through

10

(H) of paragraph (1) is applicable to at least one of-

11

fender.

12

‘‘(c) PROOF REQUIREMENTS.—The following shall

shall exist over all

13 apply to prosecutions under this section:
14

‘‘(1) KNOWLEDGE.—The prosecution is not re-

15

quired to prove knowledge by any defendant of a ju-

16

risdictional base alleged in the indictment.

17

‘‘(2) STATE

a prosecution under this

18

section that is based upon the adoption of State law,

19

only the elements of the offense under State law,

20

and not any provisions pertaining to criminal proce-

21

dure or evidence, are adopted.

22

‘‘(d) DEFINITIONS.—As used in this section—

23

‘‘(1) the term ‘facility of interstate or foreign

24

commerce’ has the meaning given that term in sec-

25

tion 1958(b)(2);

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LAW.—In

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1
2

‘‘(2) the term ‘serious bodily injury’ has the
meaning given that term in section 1365(h)(3);

3
4

‘‘(3) the term ‘firearm’ has the meaning given
that term in section 921(a)(3);

5

‘‘(4) the term ‘weapon of mass destruction’ has

6

the meaning given that term in section 2332a(c)(2);

7

and

8

‘‘(5) the term ‘territorial sea of the United

9

States’ means all waters extending seaward to 12

10

nautical miles from the baselines of the United

11

States, determined in accordance with international

12

law.

13

‘‘(e) LIMITATION ON PROSECUTION.—No prosecution

14 for any offense described in this section shall be under15 taken by the United States except on written certification
16 of the Attorney General or the highest ranking subordi17 nate of the Attorney General with responsibility for crimi18 nal prosecutions of the offenses in this chapter that, in
19 the judgment of the certifying official, such offense was
20 intended to intimidate or coerce a civilian population, in21 fluence the policy of a government by intimidation or coer22 cion, or affect the conduct of a government by mass de23 struction, assassination, or kidnapping.’’.
24

(b) CLERICAL AMENDMENT.—The table of sections

25 for chapter 113B of title 18, United States Code, is

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1 amended by inserting after the item relating to section
2 2332i the following:
‘‘2332j. Acts of terrorism occurring in the territorial jurisdiction of the United
States.’’.

3

(c) CONFORMING AMENDMENTS.—

4

(1) FEDERAL

CRIME OF TERRORISM.—Section

5

2332b(g)(5) of title 18, United States Code, is

6

amended by inserting after ‘‘2332i (relating to acts

7

of nuclear terrorism),’’ the following: ‘‘2332j (relat-

8

ing to acts of terrorism occurring in the territorial

9

jurisdiction of the United States),’’.

10

(2) PROVIDING

MATERIAL SUPPORT TO TER-

11

RORISTS.—Section

12

States Code, is amended by inserting after ‘‘2332f,’’

13

the following: ‘‘2332j,’’.

14

(d)

2339A(a) of title 18, United

PENALTY

CLARIFICATION.—Section

15 2332b(c)(1)(E) of title 18, United States Code, is amend16 ed by inserting after ‘‘for’’ the following: ‘‘creating a sub17 stantial risk of serious bodily injury to any other person
18 by’’.
19

(e) REPORT ON CIVIL LIBERTIES.—

20

(1) IN

later than 4 years after

21

the date of the enactment of this Act, the Privacy

22

and Civil Liberties Oversight Board established by

23

section 1061 of the Intelligence Reform and Ter-

24

rorism Prevention Act of 2004 (42 U.S.C. 2000ee)

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GENERAL.—Not

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1

shall make publicly available a report on any civil

2

liberties issues arising from the implementation of

3

section 2332j of title 18, United States Code, as

4

added by subsection (a), including with respect to

5

both the investigation and the prosecution of of-

6

fenses under such section.

7

(2) CONSULTATION.—In determining the scope

8

of the report under paragraph (1), the chair of the

9

Privacy and Civil Liberties Oversight Board shall

10

consult with the chairs and ranking members of the

11

following committees:

12

(A) The Committee on the Judiciary, the

13

Committee on Homeland Security, and the Per-

14

manent Select Committee on Intelligence of the

15

House of Representatives.

16

(B) The Committee on the Judiciary, the

17

Committee on Homeland Security and Govern-

18

mental Affairs, and the Select Committee on

19

Intelligence of the Senate.

20

(3) FORM.—The report under paragraph (1)

21

shall be in unclassified form.

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