Pub.L. 107-198 To amend chapter 35 of title 44, United States Code, for the purpose of ...

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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;

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            ``(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.''.

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    (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--

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                    ``(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 

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