An Act to amend title 18, United States Code to provide for expanded protection of foreign officials, and for other purposes
PL 92-539 (H.R.15883), enacted 10/24/1972

1070 
PUBLIC LAW 92-538-OCT. 23, 1972 
[86 STAT. 
October 23, 1972 
[H.R. 13694] 
Public Law 92-538 
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AN ACT 
To amend the joint resolution establishing the American Revolution Bicentennial 
Commission, as amended. 
American Revo-
lution Bicenten-
nial Commission. 
Appropriation. 
Ante, p . 43. 
Grants-in-aid. 
Be it enacted iy the Senate and House of Representatives 
of the 
United States of America in Congress asserribled^ That the joint reso-
lution entitled "Joint resolution to establish the American Eevolution 
Bicentennial Commission, and for other purposes", approved July 4, 
1966 (80 Stat. 259), as amended, is further amended as follows: 
Section 7(a) is amended to read as follows: 
"SEC. 7. (a) There is hereby authorized to be appropriated to carry 
out the purposes of this Act until February 15, 1973, $3,356,000, of 
which not to exceed $2,400,000 shall be for grants-in-aid pursuant to 
section 9(1) of this Act." 
SEC. 2. Section 9 is amended by the addition of the following new 
subsections: 
"(2) make grants to nonprofit entities including States, terri-
tories, the District of Colunibia, and the Commonwealth of Puerto 
Rico (or subdivisions thereof) to assist in developing or support-
ing bicentennial programs or projects. Such grants may be up to 
50 per centmn of the total cost of the program or project to be 
assisted; 
"(3) in any case where money or property is donated, 
becjueathed, or devised to the Commission, and accepted thereby 
for purposes of assisting a specified nonprofit entity, including 
States, territories, the District of Columbia, and the Common-
wealth of Puei'to Rico (or subdivisions thereof), for a bicenten-
nial program or project, grant such money or property, plus an 
amount not to exceed the value of the donation, bequest, or 
devise: Provided^ That the recipient agrees to match the com-
bined value of the grant for such bicentennial program or 
project." 
Approved October 23, 1972. 
October 24,1972 
[H.R.15883] 
Public Law 92-539 
AN ACT 
To amend title 18, United States Code, to provide for expanded protection of 
foreign officials, and for other purposes. 
Act for the 
Protection of 
Foreign Officials 
and Official 
Guests of the 
United States. 
Be it enacted ty the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Act for the Protection of Foreign Officials and 
Official Guests of the United States". 
STATEMENT OF FINDINGS AND DECLARATION OF POLICY 
SEC. 2. The Congress recognizes that from the beginning of our 
history as a nation, the police power to investigate, prosecute, and 
punish common crimes such as murder, kidnaping, and assault has 
resided in the several States, and that such power should remain with 
the States. 
The Congress finds, however, that harassment, 
intimidation, 
86 STAT. ] 
PUBLIC LAW 92-539-OCT. 24, 1972 
1071 
obstruction, coercion, and acts of violence committed against foreign 
officials or their family members in the United States or against 
official guests of the United States adversely affect the foreign rela-
tions of the United States. 
Accordingly, this legislation is intended to afford the United 
Jurisdiction. 
States jurisdiction concurrent with that of the several States to pro-
ceed against those who by such acts interfere with its conduct of 
foreign affairs. 
TITLE I—MUKDEK OR MANSLAUGHTER O F FOREIGN 
OFFICIALS AND OFFICIAL GUESTS 
SEC. 101. Chapter 51 of title 18, United States Code, is amended by 
" stat. 756. 
adding at the end thereof the following new sections: 
^ ^ ^^^ 
''§1116. Murder or manslaughter of foreign officials or official 
guests 
"(a) Whoever kills a foreign official or official guest shall be pun- 
Penalty, 
ished as provided under sections 1111 and 1112 of this title, except that 
any such person who is found guilty of murder in the first degree 
shall be sentenced to imprisonment for life. 
"(b) For the purpose of this section 'foreign official' means— 
Definitions. 
"(1) a Chief of State or the political equivalent. President, 
Vice President, Prime Minister, Ambassador, Foreign Minister, 
or other officer of cabinet rank or above of a foreign government 
or the chief executive officer of an international organization, or 
any person who has previously served in such capacity, and any 
member of his family, while in the United States; and 
" (2) any person of a foreign nationality who is duly notified to 
the United States as an officer or employee of a foreign govern-
ment or international organization, and who is in the United 
States on official business, and any member of his family whose 
presence in the United States is in connection with the presence of 
such officer or employee. 
"(c) For the purpose of this section: 
"(1) 'Foreign government' means the government of a foreign 
country, irrespective of recognition by the United States. 
"(2) 'International organization' means a public international 
organization designated as such pursuant to section 1 of the Inter-
national Organizations Immunities Act (22 U.S.C. 288). 
59 stat. 669. 
"(3) 'Family' includes (a) a spouse, parent, brother or sister, 
child, or person to whom the foreign official stands in loco parentis, 
or (b) any other person living m his household and related to 
the foreign official by blood or marriage. 
"(4) 'Official guest' means a citizen or national of a foreign 
country present in the United States as an official guest of the 
government of the United States pursuant to designation as such 
by the Secretary of State. 
"§ 1117. Conspiracy to murder 
"If two or more pereons conspire to violate section 1111, 1114, or 
1116 of this title, and one or more of such persons do any overt act to 
^^ stat. 756; 
effect the object of the conspiracy, each shall be punished by imprison- supra^ ' 
ment for any term of years or for life." 
SEC. 102. The analysis of chapter 51 of title 18, United States Code, 
is amended by adding at the end thereof the following new items: 
"1116. Murder or manslaughter of foreign officials or official guests. 
"1117. Conspiracy to murder." 
1072 
PUBLIC LAW 92-539-OCT. 24, 1972 
[86 STAT. 
TITLE II—KIDNAPING 
62 Stat. 760; 
SEC. 201. Seotioii 1201 of title 18, United States Code, is amended 
70 Stat. 1043. 
^^ ^.g^d as follows: 
"§120L Kidnaping 
"(a) Whoever unlawfully seizes, confines, inveigles, decoys, kid-
naps, abducts, or carries awai^ and holds for ransom or reward or 
otherwise any person, except in the case of a minor by the parent 
thereof, when: 
"(1) the pei'son is willfully transported in interstate or foreign 
commerce; 
"(2) any such act against the person is done within the special 
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maritime and territorial jurisdiction of the United States; 
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" (3) any such act against the person is done within the special 
aircraft jurisdiction of the United States as defined in section 101 
(32) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 
84 Stat. 921. 
1301(32)); Or 
" (4) the person is a foreign official as defined in section 1116 (b) 
Ante, p . 1071. 
^^ ^^ official guest as defined in section 1116(c) (4) of this title, 
Penalty. 
shall be punished by imprisonment for any term of years or for life. 
"(b) With respect to subsection (a) (1), above, the failure to release 
the victim within twenty-four hours after he shall have been unlaw-
fully seized, confined, inveigled, decoyed, kidnaped, abducted, or 
carried away shall create a rebuttable presumption that such person 
has been transported in interstate or foreign commerce. 
"(c) If tw^o or more persons conspire to violate this section and one 
or more of such persons do any overt act to effect the object of the con-
spiracy, each shall be punished by imprisonment for any term of years 
or for life." 
SEC. 202. The analysis of chapter 55 of title 18, United States Code, 
is amended by deletmg 
"1201. Transportation.", 
and substituting the following: 
"1201. Kidnaping." 
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TITLE I I I - P K O T E C T I O N OF FOEEIGN OFFICIALS 
AND OFFICIAL GUESTS 
78 Stat. 610. 
SEC. 301. Section 112 of title 18, United States Code, is amended to 
read as follows: 
"§ 112. Protection of foreign officials and official guests 
Offenses and 
" (a) Whoevcr assaults, strikes, wounds, imprisons, or offers violence 
penalties. 
^ ^ forcigu official or official guest shall be fined not more than $5,000, 
or imprisoned not more than three years, or both. Whoever in the 
commission of any such act uses a deadly or dangerous weapon shall 
be fined not more than $10,000, or imprisoned not more than ten years, 
or both. 
"(b) Whoever willfully intimidates, coerces, threatens, or harasses 
'" 
a foreign official or an official guest, or willfully obstructs a foreign 
official m the performance of liis duties, shall be fined not more than 
$500, or imprisoned not more than six months, or both. 
Demonstrations. 
"((.) WhoeveT within the United States but outside the District of 
Columbia and within one hundred feet of any building or premises 
belonging to or used or occupied by a foreign government or by a 
foreign official for diplomatic or consular purposes, or as a mission to 
86 STAT. ] 
PUBLIC L
A
W 92-539-OCT. 24, 1972 
1073 
an international organization, or as a residence of a foreign official, or 
belonging to or used or occupied by an international organization for 
official business or residential purposes, publicly— 
"(1) parades, pickets, displays any flag, banner, sign, placard, 
or device, or utters any word, phrase, sound, or noise, for the pur-
pose of intimidating, coercing, threatening, or harassing any 
foreign official or obstructing him in the performance of his 
duties, or 
" (2) congregates with two or more other persons with the intent 
,<« .„.-,-,,/ 
to perform any of the aforesaid acts or to violate subsection (a) or 
(b) of this section, 
shall be fined not more than $500, or imprisoned not more than six 
months, or both. 
"(d) For the purpose of this section 'foreign official', 'foreign gov- definitions. 
ernment', 'international organization', and 'official guest' shall have the 
same meanings as those provided in sections 1116 (b) and (c) of this 
title. 
^n'e, p. 1071. 
"(e) Nothing contained in this section shall be construed or applied 
so as to abridge the exercise of rights guaranteed under the first amend-
ment to the Constitution of the United States." 
use prec. title i. 
SEC. 302. The analysis of chapter 7 of title 18, United States Code, is 
amended by deleting 
"112. Assaulting certain foreign diplomats and other official personnel." 
and adding at the beginning thereof the following new item: 
"
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•'112. Protection of foreign officials and official guests." 
TITLE IV—PROTECTION OF PROPERTY OF FOREIGN 
GOVERNMENTS 
AND INTERNATIONAL 
ORGANIZA-
TIONS 
SEC. 401. Chapter 45 of title 18, United States Code, is amended by 6
2 stat^. j43. 
a dding at the end thereof the following new section: 
"§ 970. Protection of property occupied by foreign governments 
"(a) Whoever willfully injures, damages, or destroys, or attempts p^nimll^ ^"'^ 
to injure, damage, or destroy, any property, real or personal, located 
within the United States and belonging to or utilized or occupied 
by any foreign government or international organization, by a for-
eign official or official guest, shall be fined not more than $10,000, or 
imprisoned not more than 
five 
years, or both. 
"(b) For the purpose of this section 'foreign official', 'foreign 
definitions. 
government', 'international organization', and 'official guest' shall have 
the same meanings as those provided in sections 1116 (b) and (c) 
of this title." 
Ante, p. 1071. 
SEC. 402. The analysis of chapter 45 of title 18, United States 
Code, is amended by adding at the end thereof the following new 
item: 
"970. Protection of property occupied by foreign governments." 
SEC. 3. Nothing contained in this Act shall be construed to indicate 
an intent on the part of Congress to occupy the field in which its 
provisions operate to the exclusion of the laws of any State, Com-
monwealth, territory, possession, or the District of Columbia on the 
same subject matter, nor to relieve any person of any obligation 
imposed by any law of any State, Commonwealth, territory, possession, 
'''^'''' 
or the District of Columbia. 
Approved October 24, 1972.