[107th Congress Public Law 197]
[From the U.S. Government Printing Office]
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[DOCID: f:publ197.107]
[[Page 116 STAT. 721]]
Public Law 107-197
107th Congress
An Act
To implement the International Convention for the Suppression 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. <<NOTE: June 25, 2002 - [H.R. 3275]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE <<NOTE: Terrorist Bombings Convention Implementation Act of
2002.>> I--SUPPRESSION OF TERRORIST BOMBINGS
SEC. 101. <<NOTE: 18 USC 2331 note.>> 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:
``Sec. 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 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--
[[Page 116 STAT. 722]]
``(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
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 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 punished 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;
[[Page 116 STAT. 723]]
``(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, 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 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, entertainment, recreational, or similar
place that is so accessible or open to the public;
``(7) `public transportation system' means all facilities,
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 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 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 political subdivisions
thereof.''.
[[Page 116 STAT. 724]]
(b) Clerical Amendment.--The table of sections at the beginning 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) <<NOTE: 18 USC 2332f note.>> 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. <<NOTE: 18 USC 2332f note.>> 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 <<NOTE: Suppression of the Financing of Terrorism Convention
Implementation Act of 2002.>> II--SUPPRESSION OF THE FINANCING OF
TERRORISM
SEC. 201. <<NOTE: 18 USC 2331 note.>> 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:
``Sec. 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, unlawfully
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
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 subsection (d)(1).
``(3) Relationship to predicate act.--For an act to
constitute 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--
[[Page 116 STAT. 725]]
``(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 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 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
[[Page 116 STAT. 726]]
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
violation 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;
[[Page 116 STAT. 727]]
``(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 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, 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 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 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) <<NOTE: 18 USC 2339c note.>> Disclaimer.--Nothing contained in
this section is intended to affect the scope or applicability of any
other Federal or State law.
SEC. 203. <<NOTE: 18 USC 2339c note.>> 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
[[Page 116 STAT. 728]]
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
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''.
(d) Forfeiture of Funds, Proceeds, and Instrumentalities.--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
violation or attempted violation, or which constitutes
or is derived from proceeds traceable to a violation, of
section 2339C of this title.''.
Approved June 25, 2002.
LEGISLATIVE HISTORY--H.R. 3275 (S. 1770):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 107-307 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 147 (2001):
Dec. 19, considered and passed
House.
Vol. 148 (2002):
June 14, considered and passed
Senate, amended.
June 18, House concurred in Senate
amendment.
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