[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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