Sidor som bilder
PDF
ePub

oaths and affirmations to witnesses appearing before the Commission.

(b) When so authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section.

(c) The Commission may secure directly from any Federal agency information necessary to enable it to carry out this title. Upon request of the Chairman, the head of any such Federal agency shall furnish such information to the Commission.

REPORTS

SEC. 1516. The Commission shall transmit to the President and to each House of the Congress such interim reports as it considers appropriate and shall transmit a final report to the President and to each House of the Congress not later than one year after the date on which appropriations first become available to carry out this title. The final report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation as it considers appropriate.

TERMINATION SEC. 1517. The Commission shall cease to exist sixty days after transmitting its final report under section 1516.

AUTHORIZATION OF APPROPRIATION SEC. 1518. There is authorized to be appropriated not to exceed $500,000 to carry out this title.

DEFINITIONS SEC. 1519. For purposes of this title

(1) the term “Academy” means the National Academy of Peace and Conflict Resolution;

(2) the term "Chairman" means the Chairman of the Commission selected under section 1513(e);

(3) the term “Commission” means the Commission on Proposals for the National Academy of Peace and Conflict Resolution; and

(4) the term “Federal agency" means any agency, department, or independent establishment in the executive branch of the Federal Government, including any Government corporation.

3. Diplomatic Security and Anti-Terrorism

a. International Terrorism and Torture Title 18, United States Code chapter 113B as added by Public Law 99-399

(Omnibus Diplomatic Security and Antiterrorism Act of 1986; H.R. 4161), 100 Stat. 853, approved August 27, 1986; and amended by Public Law 100 690 (Anti-Drug Abuse Act of 1988; H.R. 5210), 102 Stat. 4181, approved November 18, 1988; Public Law 101-519% (Military Construction Appropria. tions Act, 1991; H.R. 5313), 104 Stat. 2240 at 2250, approved November 6, 1990; Public Law 102–27 (Dire Emergency Supplemental Appropriations For Consequences of Operation Desert Shield/Desert Storm, Food Stamps, Unemployment Compensation Administration, Veterans Com. pensation and Pensions, and Other Urgent Needs Act of 1991; H.R. 1281). 106 Stat. 130, approved April 10, 1991; Public Law 102-572 (Federal Courts Administration Act of 1992, S. 1569), 106 Stat. 4506, approved October 29, 1992; chapter 113B as added by Public Law 103–236 (Foreign Rela. tions Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994; Public Law 103–322 (Violent Crime Control and Law Enforcement Act of 1994; H.R. 3355), 108 Stat. 1796, approved September 13, 1994; Public Law 103-415 (H.R. 5034), 108 Stat. 4299, ap. proved October 25, 1994; Public Law 103429 (H.R. 4778), 108 Stat. 4377, approved October 31, 1994

CHAPTER 113B-TERRORISM 3 82331.2 Definitions As used in this chapter(1) the term "international terrorism” means activities that,

(A) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State;

(B) appear to be intended

1 See also PLO Commitments Compliance Act of 1989, title VIII of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 76).

a Sec. 132 of Public Law 101-519 (104 Stat. 225) amended section 2331 of chapter 113A, title 18. U .S.C.. re ed it as section 2332. an

and added new secs. 2331, 2333 through 2338. Sec. 132(d) of that Act further provided that "This section and the amendments made by this section shall apply to any pending case and any cause of action arising on or aner 3 years before the date of enactment of this section.".

However, sec. 402 of Public Law 102–27 (105 Stat. 155), as amended by sec. 126 of Public Law 102-136 (105 Stat. 643), repealed the amendments of Public Law 101-519, restoring sec. 2332 as sec. 2331. Sec. 402 of Public Law 102–27, as amended, provided as follows: "SEC. 402. MILITARY CONSTRUCTION.

a) In Public Law 101-519, the Military Construction Appropriations Act, 1991, sections 131 and 132 are hereby repealed effective November 5, 1990. "(b) Effective November 5, 1990, chapter 113A of title 18, United States Code, is amended to

ection 132 of

132 of Public Law 101-519 (104 Stat. 2250) had not been enacted.". Subsequently, sec. 1003(a) of the Federal Courts Administration Act of 1992 (Public Law 102– 672; 106 Stat. 4521) redesignated sec. 2331 as 2332, and inserted new secs. 2331, 2333-2338, with such amendments applicable to any pending case or any cause of action arising on or aser 4 years before the date of enactment of this Act", pursuant to sec. 1003(c) of Public Law 102572 (106 Stat. 4524; 18 U.S.C. 2331 note).

* Sec. 260002(a) of Public Law 103-322 (108 Stat. 2082) redesignated this chapter from chap ter 113A, and inserted a new chapter 113A relating to telemarketing fraud.

read

(i) to intimidate or coerce a civilian population;

(ii) to influence the policy of a government by intimidation or coercion; or

(iii) to affect the conduct of a government by assassination or kidnapping, and (C) occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asy

lum; (2) the term “national of the United States" has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act;

(3) the term “person” means any individual or entity capable of holding a legal or beneficial interest in property; and

(4) the term “act of war” means any act occurring in the course of

(A) declared war;

(B) armed conflict, whether or not war has been declared, between two or more nations; or

(C) armed conflict between military forces of any origin. $ 2332.4 Criminal penalties

(a) HOMICIDE.—Whoever kills a national of the United States, while such national is outside the United States, shall

(1)5 if the killing is murder (as defined in section 1111(a), be fined under this title, punished by death or imprisonment for any term of years or for life, or both.

(2) if the killing is a voluntary manslaughter as defined in section 1112(a) of this title, be fined under this title or impris

11h Mount handlaug oned not more than ten years, or both; and

(3) if the killing is an involuntary manslaughter as defined in section 1112(a) of this title, be fined under this title or im

prisoned not more than three years, or both. (b) ATTEMPT OR CONSPIRACY WITH RESPECT TO HOMICIDE.—Whoever outside the United States attempts to kill, or engages in a conspiracy to kill, a national of the United States shall

(1) in the case of an attempt to commit a killing that is a murder as defined in this chapter, be fined under this title or imprisoned not more than 20 years, or both; and

(2) in the case of a conspiracy by two or more persons to commit a killing that is a murder as defined in section 1111(a) of this title, if one or more of such persons do any overt act to effect the object of the conspiracy, be fined under this title

*This section was added as sec. 2331 by sec. 1202(a) of Public Law 99-399 (100 Stat. 896), with a caption that read "Terrorist acts abroad against United States nationals". Sec. 1003(aX2) of Public Law 102-572 (106 Suat. 4521) redesignated sec. 2331 as 2332, struck out the caption, and inserted in its place a caption that read "Criminal penalties", with such amendment apphcable "o any pending case or any cause of action arising on or after 4 years before the date of enactment of this Act", pursuant to sec. 1003(c) of Public Law 102-572 (106 Stat. 4524; 18 U.S.C. 2331 note).

Sec. 60022 of Public Law 103--322 (108 Slat. 1980) amended and restated sec. 2332(aX1). It formerly read as follows:

"41) is the killing is a murder as defined in section 1111(a) of this title, be fined under this title or imprisoned for any term of years or for life, or both so fined and so imprisoned;".

or imprisoned for any term of years or for life, or both so fined

and so imprisoned. (c) OTHER CONDUCT.-Whoever outside the United States engages in physical violence

(1) with intent to cause serious bodily injury to a national of the United States; or

(2) with the result that serious bodily harm is caused to a national of the United States; shall be fined under this title or imprisoned not more than five years, or both.

(d) 6 LIMITATION ON PROSECUTION.—No prosecution for any offense described in this section shall be undertaken by the United Stats except on written certification of the Attorney General or the highest ranking subordinate of the Attorney General with responsibility for criminal prosecutions that, in the judgment of the certifying official, such offense was intended to coerce, intimidate, or retaliate against a government or a civilian population, 82332a.? Use of weapons of mass destruction

(a) OFFENSE.-A person who uses, or attempts or conspires to use, a weapon of mass destruction,

(1) against a national of the United States while such national is outside of the United States;

(2) against any person within the United States; or

(3) against any property that is owned, leased or used by the United States or by any department or agency of the United States, whether the property is within or outside of the United

States,

* *6) DEF the term "nati(a)(22) of the

shall be imprisoned for any term of years or for life, and if death results, shall be imprisoned by death or imprisoned for any term of years of for life. (b) DEFINITIONS.-For purposes of this section

(1) the term “national of the United States" has the meaning given in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and (2) the term "weapon of mass destruction" means

(A) any destructive device as defined in section 921 of this title;

(B) poison gas;
(C) any weapon involving a disease organism; or

(D) any weapon that is designed to release radiation or

radioactivity at a level dangerous to human life. 82333.2 Civil remedies

(a) ACTION AND JURISDICTION.—Any national of the United States injured in his or her person, property, or business by reason of an act of international terrorism, or his or her estate, survivors, or heirs, may sue therefor in any appropriate district court of the United States and shall recover threefold the damages he or she sustains and the cost of the suit, including attorney's fees.

•Sec. 1003(aX1) of Public Law 102-572 (106 Stat. 4521) struck out subsec. (d), and redesig. nated subsec. (e) as (d), with such amendment applicable to any pending case or any cause of action arising on or aser 4 years before the date of enactment of this Act”, pursuant to sec. 1003(c) of Public Law 102-572 (106 Stat. 4524; 18 U.S.C. 2331 note). Subsec. (d) defined "national of the United States as having the meaning given in section 101(aX22) of the Immigration and Nationality Act (8 U.S.C. 1101(aX22)).

7 Sec. 60023(a) of Public Law 103_322 (108 Stat. 1980) added sec. 2332a.

(b) ESTOPPEL UNDER UNITED STATES LAW.-A final judgment or decree rendered in favor of the United States in any criminal proceeding under section 1116, 1201, 1203, or 2332 of this title or section 46314, 46502, 46505, or 46506 of title 498 shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding under this section.

(c) ESTOPPEL UNDER FOREIGN LAW.-A final judgment or decree rendered in favor of any foreign state in any criminal proceeding shall, to the extent that such judgment or decree may be accorded full faith and credit under the law of the United States, estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding under this section. 82334.2 Jurisdiction and venue

(a) GENERAL VENUE.-Any civil action under section 2333 of this title against any person may be instituted in the district court of the United States for any district where any plaintiff resides or where any defendant resides or is served, or has an agent. Process in such a civil action may be served in any district where the defendant resides, is found, or has an agent.

(b) SPECIAL MARITIME OR TERRITORIAL JURISDICTION.-If the actions giving rise to the claim occurred within the special maritime and territorial jurisdiction of the United States, as defined in section 7 of this title, then any civil action under section 2333 of this title against any person may be instituted in the district court of the United States for any district in which any plaintiff resides or the defendant resides, is served, or has an agent.

(c) SERVICE ON WITNESSES.-A witness in a civil action brought under section 2333 of this title may be served in any other district where the defendant resides, is found, or has an agent.

(d) CONVENIENCE OF THE FORUM.—The district court shall not dismiss any action brought under section 2333 of this title on the grounds of the inconvenience or inappropriateness of the forum chosen, unless

(1) the action may be maintained in a foreign court that has jurisdiction over the subject matter and over all the defendants;

(2) that foreign court is significantly more convenient and appropriate; and

(3) that foreign court offers a remedy which is substantially the same as the one available in the courts of the United

States. $ 2335.2 Limitation of actions

(a) IN GENERAL.Subject to subsection (b), a suit for recovery of damages under section 2333 of this title shall not be maintained unless commenced within 4 years after the date the cause of action accrued.

Sec. 2(1) of Public Law 103-429 (108 Stat. 4377) struck out 'section 902(i), (k), (1), (n), ar (r) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1472(i), (k), (), (n), or (r)) and inserted in lieu thereof "section 46314, 46502, 46505, or 46506 or title 49".

« FöregåendeFortsätt »