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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) LIMITATION ON PROSECUTION.-No prosecution for any of fense 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.

§ 2332a. 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,

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.

§2333.2 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

Sec. 1003(aX1) of Public Law 102-572 (106 Stat. 4521) struck out subsec. (d), and redesignated subsec. (e) as (d), with such amendment applicable "to 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). 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(a)22)).

7Sec. 60023(a) of Public Law 103-322 (108 Stat. 1980) added sec. 2332a.

United States and shall recover threefold the damages he or she sustains and the cost of the suit, including attorney's fees.

(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 of fense in any subsequent civil proceeding under this section.

§ 2334.2 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), or (r) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1472(i), (k), (1), (n), or (r))” and inserted in lieu thereof "section 46314, 46502, 46505, or 46506 of title 49".

(b) CALCULATION OF PERIOD.-The time of the absence of the defendant from the United States or from any jurisdiction in which the same or a similar action arising from the same facts may be maintained by the plaintiff, or of any concealment of the defendant's whereabouts, shall not be included in the 4-year period set forth in subsection (a).

§ 2336. Other limitations

(a) ACTS OF WAR-No action shall be maintained under section 2333 of this title for injury or loss by reason of an act of war.

(b) LIMITATION ON DISCOVERY.-If a party to an action under section 2333 seeks to discover the investigative files of the Department of Justice, the Assistant Attorney General, Deputy Attorney General, or Attorney General may object on the ground that compliance will interfere with a criminal investigation or prosecution of the incident, or a national security operation related to the incident, which is the subject of the civil litigation. The court shall evaluate any such objections in camera and shall stay the discovery if the court finds that granting the discovery request will substantially interfere with a criminal investigation or prosecution of the incident or a national security operation related to the incident. The court shall consider the likelihood of criminal prosecution by the Government and other factors it deems to be appropriate. Ă stay of discovery under this subsection shall constitute a bar to the granting of a motion to dismiss under rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure. If the court grants a stay of discovery under this subsection, it may stay the action in the interests of justice.

(c) STAY OF ACTION FOR CIVIL REMEDIES.-(1) The Attorney General may intervene in any civil action brought under section 2333 for the purpose of seeking a stay of the civil action. A stay shall be granted if the court finds that the continuation of the civil action will substantially interfere with a criminal prosecution which involves the same subject matter and in which an indictment has been returned, or interfere with national security operations related to the terrorist incident that is the subject of the civil action. A stay may be granted for up to 6 months. The Attorney General may petition the court for an extension of the stay for additional 6-month periods until the criminal prosecution is completed or dismissed.

(2) In a proceeding under this subsection, the Attorney General may request that any order issued by the court for release to the parties and the public omit any reference to the basis on which the stay was sought.

§ 2337.a Suits against Government officials

No action shall be maintained under section 2333 of this title against

(1) the United States, an agency of the United States, or an officer or employee of the United States or any agency thereof acting within his or her official capacity or under color of legal authority; or

(2) a foreign state, an agency of a foreign state, or an officer or employee of a foreign state or an agency thereof acting within his or her official capacity or under color of legal authority. § 2338.2 Exclusive Federal jurisdiction

The district courts of the United States shall have exclusive jurisdiction over an action brought under this chapter.

§ 2339A. Providing material support to terrorists

(a) DEFINITION.-In this section, "material support or resources" means currency or other financial securities, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, but does not include humanitarian assistance to persons not directly involved in such violations.

(b) OFFENSE.-A person who, within the United States, provides material support or resources or conceals or disguises the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, a violation of section 32, 36,10 351, 844(f) or (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2331,10 or 2339 10 of this title or section 46502 of title 49, or in preparation for or carrying out the concealment of 11 an escape from the commission of any such violation, shall be fined under this title, imprisoned not more than 10 years, or both.

(c) INVESTIGATIONS.

(1) IN GENERAL.-Within the United States, an investigation may be initiated or continued under this section only when facts reasonably indicate that

(A) in the case of an individual, the individual knowingly or intentionally engages, has engaged, or is about to engage in the violation of this or any other Federal criminal law; and

(B) in the case of a group of individuals, the group knowingly or intentionally engages, has engaged, or is about to engage in the violation of this or any other Federal criminal law.

(2) ACTIVITIES PROTECTED BY THE FIRST AMENDMENT.—An investigation may not be initiated or continued under this section based on activities protected by the First Amendment to the Constitution, including expressions of support or the provision of financial support for the nonviolent political, religious, philosophical, or ideological goals or beliefs of any person or group.

CHAPTER 113B-TORTURE 12

Sec.

2340. Definitions.

No sec. 2339 is enacted. Sec. 2339A was added by sec. 12005(a) of Public Law 103-322 (108 Stat. 2022).

10 References to sections 36, 2331, and 2339 probably should be to sections 37, 2332, and 2332a, respectively.

11 So in original. Probably should read "or".

2340A. Torture.

2340B. Exclusive remedies.

$2340. Definitions

As used in this chapter

(1) "torture" means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his 13 custody or physical control;

(2) "severe mental pain or suffering" means the prolonged mental harm caused by or resulting from

(A) the intentional infliction or threatened infliction of severe physical pain or suffering;

(B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;

(C) the threat of imminent death; or

(D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality; and

(3) "United States" includes all areas under the jurisdiction of the United States including any of the places described in sections 5 and 7 of this title and section 40102(a) of title 49.14 §2340A. Torture

(a) OFFENSE.-Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or 15 imprisoned for any term of years or for life. (b) JURISDICTION.-There is jurisdiction over the activity prohibited in subsection (a) if—

(1) the alleged offender is a national of the United States; or (2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.

12 Chapter 113B was added by sec. 506(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 463). Should probably read "Chapter 113C", given the redesignation of chapter 113A to chapter 113B, and the addition of a new chapter 113Ă.

Sec. 506(c) of Public Law 103-236 (108 Stat. 464) further provided:

(c) EFFECTIVE DATE.-The amendments made by this section shall take effect on the later of

"(1) the date of enactment of this Act; or

(2) the date on which the United States has become a party to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment." [not yet entered into force for the United States).

13 Sec. 1(k) of Public Law 103-415 (108 Stat. 4301) struck out "with" and inserted in lieu thereof "within his”.

14 Sec. 1(2) of Public Law 103-429 (108 Stat. 4377) struck out "section 101(38) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301(38))", and inserted in lieu thereof "section 40102(a) of title 49".

16 Sec. 60020 of Public law 103-322 (108 Stat. 1979) inserted "punished by death or" before imprisoned for any term".

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