PUBLIC LAW 107–197—JUNE 25, 2002 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.

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 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—

18 USC 2331

note.

Terrorist

Bombings

Convention

Implementation

Act of 2002.

June 25, 2002

[H.R. 3275]

116 STAT. 722 PUBLIC LAW 107–197—JUNE 25, 2002

‘‘(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;

PUBLIC LAW 107–197—JUNE 25, 2002 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.’’.

116 STAT. 724 PUBLIC LAW 107–197—JUNE 25, 2002

(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) 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, 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—

18 USC 2331

note.

Suppression of

the Financing of

Terrorism

Convention

Implementation

Act of 2002.

18 USC 2332f

note.

18 USC 2332f

note.

PUBLIC LAW 107–197—JUNE 25, 2002 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

116 STAT. 726 PUBLIC LAW 107–197—JUNE 25, 2002

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;

PUBLIC LAW 107–197—JUNE 25, 2002 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) 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

18 USC 2339c

note.

18 USC 2339c

note.

116 STAT. 728 PUBLIC LAW 107–197—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.

Æ

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.