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 18 USC Sec. 2331  Has Changes                                    01/22/02

Extract of the United States Code, Title 18, Sec's 2331-2339D.

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113B - TERRORISM

Sec. 2331. Definitions

(<-- Previous Changes)
(<-- Previous Patriot II Changes)
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 by their nature or context to be intended -

     (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 mass destruction, 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 asylum;

     (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 (Pat I);
     (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; and

     (5) the term ''domestic terrorism'' means activities that -

     (A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;
     (B) appear
by their nature or context to be intended -

     (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 mass destruction, assassination, or kidnapping; and

     (C) occur primarily within the territorial jurisdiction of the United States.
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administrative detail omitted

REFERENCES IN TEXT
Section 101(a)(22) of the Immigration and Nationality Act, referred to in par. (2), is classified to section 1101(a)(22) of Title 8, Aliens and Nationality.

PRIOR PROVISIONS
A prior section 2331 was renumbered 2332 of this title.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 981, 1028, 1425, 1426, 1427, 1541, 1542, 1543, 1544, 1546, 1547, 3077 of this title;
title 20 sections 1232g, 6736, 9007;
title 26 section 6103;
title 42 sections 10603c, 14503.


 18 USC Sec. 2332                                                                             01/22/02

Sec. 2332. Criminal penalties

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

     (1) 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 imprisoned 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 imprisoned 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 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 injury is caused to a national of the United States;

     shall be fined under this title or imprisoned not more than ten years, or both.
     (d) Limitation on Prosecution. - No prosecution for any offense described in this section shall be undertaken by the United States 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.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1956, 2332b, 2333, 2339A, 2516, 3592 of this title.


 18 USC Sec. 2332a Has Changes                                             01/22/02

Other changes are enacted by Public Law 107-188*

Sec. 2332a. Use of certain (Pat II) weapons of mass destruction

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(<-- Previous Patriot II Changes)
     (a) Offense Against a National of the United States or Within the United States. - A person who, without lawful authority, uses, threatens, or attempts or conspires to use, a weapon of mass destruction (other than a chemical weapon as that term is defined in section 229F) (Pat II), including any biological agent, toxin, or vector (as those terms are defined in section 178) section 229F)-

     (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, and the results of such use affect interstate or foreign commerce or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce; or
      (2) against any person or property within the United States, and

     (A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;
     (B) such property is used in interstate or foreign commerce or in an activity that affects interstate or foreign commerce;
     (C) any perpetrator travels in or causes another to travel in interstate or foreign commerce in furtherance of the offense; or
     (D) the offense, or the results of the offense, affect interstate or foreign commerce, or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce;

     (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; or
     (4) against any property within the United States that is owned, leased, or used by a foreign government,

     shall be imprisoned for any term of years or for life, and if death results, shall be punished by death or imprisoned for any term of years or for life.

     (b) Offense by National of the United States Outside of the United States. - Any national of the United States who, without lawful authority, uses, or threatens, attempts, or conspires to use, a weapon of mass destruction (other than a chemical weapon (as that term is defined in section 229F)) (Pat II) outside of the United States shall be imprisoned for any term of years or for life, and if death results, shall be punished by death, or by imprisonment for any term of years or for life.

     (c) 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 (Pat II)
     (2) the term ''weapon of mass destruction'' means -

     (A) any destructive device as defined in section 921 of this title;
     (B) any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;
     (C) any weapon involving a disease organism a biological agent, toxin, or vector (as those terms are defined in section 178 of this title); or
     (D) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life; and

     (3) the term ''property'' includes all real and personal property.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 842, 1956, 2332b, 2332e, 2339, 2339A, 2516, 3592 of this title;
title 22 section 2296c.


 18 USC Sec. 2332b Has Changes                                                              01/22/02

Sec. 2332b. Acts of terrorism transcending national boundaries

     (a) Prohibited Acts. -

     (1) Offenses. - Whoever, in a case involving conduct transcending national boundaries and in a circumstance described in subsection (b) -

     (A) kills, kidnaps, maims, commits an assault resulting in serious bodily injury, or assaults with a dangerous weapon any person within the United States; or
     (B) creates a substantial risk of serious bodily injury to any other person by destroying or damaging any structure, conveyance, or other real or personal property within the United States or by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States;

     in violation of the laws of any State, or the United States, shall be punished as prescribed in subsection (c).

     (2) Treatment of threats, attempts and conspiracies. - Whoever threatens to commit an offense under paragraph (1), or attempts or conspires to do so, shall be punished under subsection (c).

     (b) Jurisdictional Bases. -

     (1) Circumstances. - The circumstances referred to in subsection (a) are -

     (A) any person travels in interstate or foreign commerce or the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;
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     (B) the offense obstructs, delays, or affects interstate or foreign commerce, or would have so obstructed, delayed, or affected interstate or foreign commerce if the offense had been consummated;
     (C) the victim, or intended victim, is the United States Government, a member of the uniformed services, or any official, officer, employee, or agent of the legislative, executive, or judicial branches, or of any department or agency, of the United States;
     (D) the structure, conveyance, or other real or personal property is, in whole or in part, owned, possessed, or leased to the United States, or any department or agency of the United States;
     (E) the offense is committed in the territorial sea (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) of the United States; or
     (F) the offense is committed within the special maritime and territorial jurisdiction of the United States.

     (2) Co-conspirators and accessories after the fact. -
Jurisdiction shall exist over all principals and co-conspirators of an offense under this section, and accessories after the fact to any offense under this section, if at least one of the circumstances described in subparagraphs (A) through (F) of paragraph (1) is applicable to at least one offender.

     (c) Penalties. -

     (1) Penalties. - Whoever violates this section shall be punished -

     (A) for a killing, or if death results to any person from any other conduct prohibited by this section, by death, or by imprisonment for any term of years or for life;
     (B) for kidnapping, by imprisonment for any term of years or for life;
     (C) for maiming, by imprisonment for not more than 35 years;
     (D) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than 30 years;
     (E) for destroying or damaging any structure, conveyance, or other real or personal property, by imprisonment for not more than 25 years;
     (F) for attempting or conspiring to commit an offense, for any term of years up to the maximum punishment that would have applied had the offense been completed; and
     (G) for threatening to commit an offense under this section, by imprisonment for not more than 10 years.

     (2) Consecutive sentence. - Notwithstanding any other provision of law, the court shall not place on probation any person convicted of a violation of this section; nor shall the term of imprisonment imposed under this section run concurrently with any other term of imprisonment.

     (d) Proof Requirements. - The following shall apply to prosecutions under this section:

     (1) Knowledge. - The prosecution is not required to prove knowledge by any defendant of a jurisdictional base alleged in the indictment.
     (2) State law. - In a prosecution under this section that is based upon the adoption of State law, only the elements of the offense under State law, and not any provisions pertaining to criminal procedure or evidence, are adopted.

     (e) Extraterritorial Jurisdiction. - There is extraterritorial Federal jurisdiction -

     (1) over any offense under subsection (a), including any threat, attempt, or conspiracy to commit such offense; and
     (2) over conduct which, under section 3, renders any person an accessory after the fact to an offense under subsection (a).

(<-- Previous Changes)
(<-- Previous Patriot II Changes)
     (f) Investigative Authority. - In addition to any other investigative authority with respect to violations of this title, the Attorney General shall have primary investigative responsibility for all Federal crimes of terrorism, and any violation of section 351(e)*, 844(e)*, 844(f)(1)*, 956(b)*, 1361*, 1366(b)*, 1366(c)*, 1751(e)*, 2152, or 2156 of this title, and the Secretary of the Treasury shall assist the Attorney General at the request of the Attorney General. Nothing in this section shall be construed to interfere with the authority of the United States Secret Service under section 3056.

     (g) Definitions. - As used in this section -

     (1) the term ''conduct transcending national boundaries'' means conduct occurring outside of the United States in addition to the conduct occurring in the United States; engaged in --

     (A) by the defendant or another person outside of the United States, in addition to conduct occurring in the United States;
     (B) at the instigation of a foreign power or of a person outside of the United States; or
     (C) in furtherance of an objective of a foreign power or of a person outside of the United States.
(Next Patriot II Changes->)

     (2) the term ''facility of interstate or foreign commerce'' has the meaning given that term in section 1958(b)(2);
     (3) the term ''serious bodily injury'' has the meaning given that term in section 1365(g)(3);
     (4) the term ''territorial sea of the United States'' means all waters extending seaward to 12 nautical miles from the baselines of the United States, determined in accordance with international law; and (Pat II)
     (5) the term ''Federal crime of terrorism'' means an offense that -

     (A) is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct; and
     (B) is a violation of -

     (i) (old (i)-(iii) replaced by Patriot I, items in maroon added by Public Law 107-197:)

     section 32 (relating to destruction of aircraft or aircraft facilities),
     37 (relating to violence at international airports),
     81 (relating to arson within special maritime and territorial jurisdiction),
     175 or 175b (relating to biological weapons),
     229 (relating to chemical weapons),
     subsection (a), (b), (c), or (d) of section 351 (relating to congressional, cabinet, and Supreme Court assassination and kidnaping
(sic)),
     831 (relating to nuclear materials),
     842(m) or (n) (relating to plastic explosives),
     844(f)(2) or (3) (relating to arson and bombing of Government property risking or causing death),
     844(i) (relating to arson and bombing of property used in interstate commerce),
     930(c) (relating to killing or attempted killing during an attack on a Federal facility with a dangerous weapon),
     956(a)(1) (relating to conspiracy to murder, kidnap, or maim persons abroad),
     1030(a)(1) (relating to protection of computers),
     1030(a)(5)(A)(i) resulting in damage as defined in 1030(a)(5)(B)(ii) through (v) (relating to protection of computers),
     1114 (relating to killing or attempted killing of officers and employees of the United States),
     1116 (relating to murder or manslaughter of foreign officials, official guests, or internationally protected persons),
     1203 (relating to hostage taking),
     1362 (relating to destruction of communication lines, stations, or systems),
     1363 (relating to injury to buildings or property within special maritime and territorial jurisdiction of the United States),
     1366(a) (relating to destruction of an energy facility),
     1751(a), (b), (c), or (d) (relating to Presidential and Presidential staff assassination and kidnaping //(sic. Can't spell 'kidnapping'!),
     1992 (relating to wrecking trains),
     1993 (relating to terrorist attacks and other acts of violence against mass transportation systems),
     2155 (relating to destruction of national defense materials, premises, or utilities),
     2280 (relating to violence against maritime navigation),
     2281 (relating to violence against maritime fixed platforms),
     2332 (relating to certain homicides and other violence against United States nationals occurring outside of the United States),
     2332a (relating to use of weapons of mass destruction),
     2332b (relating to acts of terrorism transcending national boundaries),

     2332f (relating to bombing of public places and facilities),
     2339 (relating to harboring terrorists),
     2339A (relating to providing material support to terrorists),
     2339B (relating to providing material support to terrorist organizations),

     2339C (relating to financing of terrorism), or
     2340A (relating to torture) of this title;
    
* Yes, Patriot II really does add a ')'

     (ii) section 236 (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284); or
     (iii) section 46502 (relating to aircraft piracy),
     the second sentence of section 46504 (relating to assault on a flight crew with a dangerous weapon),
     section 46505(b)(3) or (c) (relating to explosive or incendiary devices, or endangerment of human life by means of weapons, on aircraft),
     section 46506 if homicide or attempted homicide is involved (relating to application of certain criminal laws to acts on aircraft),
(<-- Previous Patriot II Changes)
     or section 60123(b) (relating to destruction of interstate gas or hazardous liquid pipeline facility) of title 49
; and

     (6) the term 'foreign power' has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
(Next Patriot II Changes->)

     (c) (relating to explosive or incendiary devices, or endangerment of human life by means of weapons, on aircraft), section 46506 if homicide or attempted homicide is involved (relating to application of certain criminal laws to acts on aircraft), or section 60123(b) (relating to destruction of interstate gas or hazardous liquid pipeline facility) of title 49.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1956, 1961, 2339, 2339A, 2516, 3142, 3286, 3583 of this title;
title 20 sections 1232g, 9007;
title 42 section 14135a.


 18 USC Sec. 2332e  Has Changes                                             01/22/02

Sec. 2332e. Requests for military assistance to enforce prohibition in certain emergencies

     The Attorney General may request the Secretary of Defense to provide assistance under section 382 of title 10 in support of Department of Justice activities relating to the enforcement of section 2332c of this title 2332a of this title during an emergency situation involving a chemical (Pat I) weapon of mass destruction. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section 382(f)(2) of title 10.
(Skip Ahead to Next Changes: Sec 2332f ver 2 as added by Patriot II->)

misc administrative details omitted

AMENDMENTS
2001 - Pub. L. 107-56 substituted ''2332a of this title'' for ''2332c of this title'' and struck out ''chemical'' before ''weapon of''.

other amendment detail omitted


18 USC Sec. 2332f  Version 1: Added by Public Law 107-197                06/25/02

Sec. 2332f. Bombings of places of public use, government facilities, public transportation systems and infrastructure facilities

(Skip Ahead to Next Changes: Sec 2332f ver 2 as added by Patriot II->)
     (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--

     (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;
     (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.

SHORT TITLE.
This title may be cited as the ``Terrorist Bombings Convention Implementation Act of 2002''.

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.


18 USC Sec. 2332f  Version 2: Proposed by Patriot II                Not Yet Enacted

Sec. 2332f. Administrative subpoenas in terrorism investigations.

(<-- Previous Changes)
(<-- Previous Patriot II Changes)
     (a) AUTHORIZATION OF USE--In any investigation with respect an offense listed in section 2332b(g)(5)(B) or an offense involved in or related to international or domestic terrorism as defined in section 2331, the Attorney General may subpoena witnesses, compel the attendance and testimony of witnesses, and require the production of any records (including books, papers, documents, electronic data, and other tangible things that constitute or contain evidence) that he finds relevant or material to the investigation. A subpoena under this section shall describe the records or items required to be produced and prescribe a return date within a reasonable period of time within which the records or items can be assembled and made available. The attendance of witnesses and the production of records may be required from any place in any State or in any territory or other place subject to the jurisdiction of the United States at any designated place of hearing; except that a witness shall not be required to appear at any hearing more than 500 miles distant from the place where he was served with a subpoena. Witnesses summoned under this section shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States.

     (b) SERVICE--A subpoena issued under this section may be served by any person designated in the subpoena as the agent of service. Service upon a natural person may be made by personal delivery of the subpoena to him or by certified mail with return receipt requested. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association that is subject to suit under a common name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpoena entered by him on a true copy thereof shall be sufficient proof of service.

     (c) ENFORCEMENT--In the case of the contumacy* by, or refusal to obey a subpoena issued to, any person, the Attorney General may invoke the aid of any court of the United States within whose jurisdiction the investigation is carried on or the subpoenaed person resides, carries on business, or may be found, to compel compliance with the subpoena. The court may issue an order requiring the subpoenaed person, in accordance with the subpoena, to appear, to produce records, or to give testimony touching the matter under investigation. Any failure to obey the order of the court may be punished by the court as contempt thereof. Any process under this subsection may be served in any judicial district in which the person may be found.

     (d) NON-DISCLOSURE REQUIREMENTS--No person shall disclose to any other person that a subpoena was received or records provided pursuant to this section, other than to

     (i) those persons to whom such disclosure is necessary in order to comply with the subpoena,
     (ii) an attorney to obtain legal advice with respect to testimony or the production of records in response to the subpoena, and
     (iii) other persons as permitted by the Attorney General. Any person who receives a disclosure under this subsection shall be subject to the same prohibition of disclosure.

     (e) IMMUNITY FROM CIVIL LIABILITY- Any person, including officers, agents, and employees, who in good faith produce the records or items requested in a subpoena shall not be liable in any court of any State or the United States to any customer or other person for such production or for non-disclosure of that production to the customer or other person, in compliance with the terms of a court order for non-disclosure.

*"CONTUMACY - The refusal or neglect of a party accused to appear and answer to a charge preferred against him in a court of justice. This word is derived from the Latin contumacia, disobedience.

Contumacy is of two kinds, actual and presumed: Actual contumacy is when the party before the court refuses to obey some order of the court; Presumed contumacy is the act of refusing or declining to appear upon being cited.

CONTUMAX - One accused of a crime who refuses to appear and answer to the charge. An outlaw." -- 'Lectric Law Library, http://www.lectlaw.com/def/c306.htm.


18 USC Sec. 2332g  Proposed by Patriot II                Not Yet Enacted

2332g. Enforcement of requests for information

     In the case of a refusal to comply with a request for records, a report, or other information made to any person under section 2709(b)* of this title, section 625(a)* or (b) or 626(a)* of the Fair Credit Reporting Act, section 1114(a)(5)(A)* of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947, the Attorney General may invoke the aid of any court of the United States within whose jurisdiction the investigation is carried on or the person resides, carries on business, or may be found, to compel compliance with the request. The court may issue an order requiring the person to comply with the request. Any failure to obey the order of the court may be punished by the court as contempt thereof. Any process under this section maybe served in any judicial district in which the person may be found.
(Next Patriot II Changes->)


 18 USC Sec. 2339  Added by Patriot I                                                      01/22/02

Sec. 2339. Harboring or concealing terrorists

     (a) Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe, has committed, or is about to commit, an offense under section 32 (relating to destruction of aircraft or aircraft facilities), section 175 (relating to biological weapons), section 229 (relating to chemical weapons), section 831 (relating to nuclear materials), paragraph (2) or (3) of section 844(f) (relating to arson and bombing of government property risking or causing injury or death), section 1366(a) (relating to the destruction of an energy facility), section 2280 (relating to violence against maritime navigation), section 2332a (relating to weapons of mass destruction), or section 2332b (relating to acts of terrorism transcending national boundaries) of this title, section 236(a) (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)), or section 46502 (relating to aircraft piracy) of title 49, shall be fined under this title or imprisoned not more than ten years, or both.

     (b) A violation of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law.

-SOURCE-
(Added Pub. L. 107-56, title VIII, Sec. 803(a), Oct. 26, 2001, 115 Stat. 376.)

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2332b of this title.


 18 USC Sec. 2339A   Has Changes                                                    01/22/02

Sec. 2339A. Providing material support to terrorists

     (a)

(<-- Previous Patriot II Changes)
     (1) Offense. - Whoever within the United States (Pat I) 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, 37, 81, 175, 229*, 351, 831, 842(m) or (n), 844(f) or (i), 930(c), 956, 1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751, 1992, 1993*, 2155, 2156, 2280, 2281, 2332, 2332a, 2332b, 2332c**, (FOOTNOTE 1), 2332f*, or 2340A of this title, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502 or 60123(b) of title 49, or in preparation for, or in carrying out, the concealment or an escape from the commission of any such violation, or attempts or conspires to do such an act, shall be fined under this title, imprisoned not more than 10 years 15 years, or both, and, if the death of any person results, shall be imprisoned for any term of years or for life.
** 18 U.S.C. Sec 2332c was repealed by Pub. L. 105-277 on Oct. 21, 1998.

     (2) Whoever, in or affecting interstate or foreign commerce, or while outside the United States and a national of the United States (as defined in section 1203(c)) or a legal entity organized under the laws of the United States (including any of its States, districts, commonwealth, territories or possessions), 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, an act of international or domestic terrorism (as defined in section 2331), or in the preparation for, or in carrying out, the concealment or escape from the commission of any such act, or attempts or conspires to do so, shall be punished as provided under paragraph (1).

     (3) A violation of this section may be prosecuted in any Federal judicial district in which the underlying act or offense was committed, or in any other Federal judicial district as provided by law.
(FOOTNOTE 1) See References in Text note below.

     (b) Definition. - In this section, the term ''material support or resources'' means currency or other financial securities or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials. The term 'training' means instruction or teaching designed to impart a specific skill.
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-SOURCE-
(Added Pub. L. 103-322, title XII, Sec. 120005(a), Sept. 13, 1994,108 Stat. 2022;
amended Pub. L. 104-132, title III, Sec. 323, Apr.24, 1996, 110 Stat. 1255; Pub. L. 104-294, title VI, Sec.601(b)(2), (s)(2), (3), 604(b)(5), Oct. 11, 1996, 110 Stat. 3498,3502, 3506;
Pub. L. 107-56 (Patriot I), title VIII, Sec. 805(a), 810(c),811(f), Oct. 26, 2001, 115 Stat. 377, 380, 381;
Pub. L. 107-197)

misc admin details omitted

AMENDMENTS
2001 - Subsec. (a). Pub. L. 107-56(Patriot I), Sec. 811(f), inserted ''or attempts or conspires to do such an act,'' before ''shall be fined''.
Pub. L. 107-56, Sec. 810(c)(1), substituted ''15 years'' for ''10 years''.
Pub. L. 107-56, Sec. 810(c)(2), which directed substitution of '', and, if the death of any person results, shall be imprisoned for any term of years or for life.'' for period, was executed by making the substitution for the period at end of the first sentence to reflect the probable intent of Congress and the intervening amendment by section 805(a)(1)(F) of Pub. L. 107-56. See below.
Pub. L. 107-56, Sec. 805(a)(1)(F), inserted at end ''A violation of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law.''
Pub. L. 107-56, Sec. 805(a)(1)(A)-(E), struck out '', within the United States,'' after ''Whoever'', and inserted ''229,'' after ''175,'', ''1993,'' after ''1992,'', '', section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284),'' after ''2340A of this title'', and ''or 60123(b)'' after ''section 46502''.
Subsec. (b). Pub. L. 107-56, Sec. 805(a)(2), substituted ''or monetary instruments or financial securities'' for ''or other financial securities'' and inserted ''expert advice or assistance,'' after ''training,''.

other amendment details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1956, 2332b, 2339B, 2516 of this title;
title 22 sections 2778, 7211;
title 28 section 1605.


 18 USC Sec. 2339B  Has Changes                                                         01/22/02

Sec. 2339B. Providing material support or resources to designated foreign terrorist organizations

     (a) Prohibited Activities. -

(<-- Previous Other Changes)
(<-- Previous Patriot Changes)
     (1) Unlawful conduct. - Whoever, within the United States or subject to the jurisdiction of the United States, knowingly provides material support or resources to a foreign terrorist organization, or attempts or conspires to do so, shall be fined under this title or imprisoned not more than 10 years or both 15 years, or both, and, if the death of any person results, shall be imprisoned for any term of years or for life.
     (2) Financial institutions. - Except as authorized by the Secretary, any financial institution that becomes aware that it has possession of, or control over, any funds in which a foreign terrorist organization, or its agent, has an interest, shall -
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     (A) retain possession of, or maintain control over, such funds; and
     (B) report to the Secretary the existence of such funds in accordance with regulations issued by the Secretary.

     (b) Civil Penalty. - Any financial institution that knowingly fails to comply with subsection (a)(2) shall be subject to a civil penalty in an amount that is the greater of -

     (A) $50,000 per violation; or
     (B) twice the amount of which the financial institution was required under subsection (a)(2) to retain possession or control.
NOTE: Probably should be (1) and (2)

     (c) Injunction. - Whenever it appears to the Secretary or the Attorney General that any person is engaged in, or is about to engage in, any act that constitutes, or would constitute, a violation of this section, the Attorney General may initiate civil action in a district court of the United States to enjoin such violation.

     (d) Extraterritorial Jurisdiction. - There is extraterritorial Federal jurisdiction over an offense under this section.

     (e) Investigations. -

     (1) In general. - The Attorney General shall conduct any investigation of a possible violation of this section, or of any license, order, or regulation issued pursuant to this section.
     (2) Coordination with the department of the treasury. - The Attorney General shall work in coordination with the Secretary in investigations relating to -

     (A) the compliance or noncompliance by a financial institution with the requirements of subsection (a)(2); and
     (B) civil penalty proceedings authorized under subsection (b).

     (3) Referral. - Any evidence of a criminal violation of this section arising in the course of an investigation by the Secretary or any other Federal agency shall be referred immediately to the Attorney General for further investigation.
The Attorney General shall timely notify the Secretary of any action taken on referrals from the Secretary, and may refer investigations to the Secretary for remedial licensing or civil penalty action.

     (f) Classified Information in Civil Proceedings Brought by the United States. -

     (1) Discovery of classified information by defendants. -

     (A) Request by united states. - In any civil proceeding under this section, upon request made ex parte and in writing by the United States, a court, upon a sufficient showing, may authorize the United States to -

     (i) redact (edit) specified items of classified information from documents to be introduced into evidence or made available to the defendant through discovery under the Federal Rules of Civil Procedure;
     (ii) substitute a summary of the information for such classified documents; or
     (iii) substitute a statement admitting relevant facts that the classified information would tend to prove.

     (B) Order granting request. - If the court enters an order granting a request under this paragraph, the entire text of the documents to which the request relates shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal.
     (C) Denial of request. - If the court enters an order denying a request of the United States under this paragraph, the United States may take an immediate, interlocutory appeal in accordance with paragraph (5). For purposes of such an appeal, the entire text of the documents to which the request relates, together with any transcripts of arguments made ex parte to the court in connection therewith, shall be maintained under seal and delivered to the appellate court.

     (2) Introduction of classified information; precautions by court. -

     (A) Exhibits. - To prevent unnecessary or inadvertent disclosure of classified information in a civil proceeding brought by the United States under this section, the United States may petition the court ex parte to admit, in lieu of classified writings, recordings, or photographs, one or more of the following:

     (i) Copies of items from which classified information has been redacted.
     (ii) Stipulations admitting relevant facts that specific classified information would tend to prove.
     (iii) A declassified summary of the specific classified information.

     (B) Determination by court. - The court shall grant a request under this paragraph if the court finds that the redacted item, stipulation, or summary is sufficient to allow the defendant to prepare a defense.

     (3) Taking of trial testimony. -

     (A) Objection. - During the examination of a witness in any civil proceeding brought by the United States under this subsection, the United States may object to any question or line of inquiry that may require the witness to disclose classified information not previously found to be admissible.
     (B) Action by court. - In determining whether a response is admissible, the court shall take precautions to guard against the compromise of any classified information, including -

     (i) permitting the United States to provide the court, ex parte, with a proffer of the witness's response to the question or line of inquiry; and
     (ii) requiring the defendant to provide the court with a proffer of the nature of the information that the defendant seeks to elicit.

     (C) Obligation of defendant. - In any civil proceeding under this section, it shall be the defendant's obligation to establish the relevance and materiality of any classified information sought to be introduced.

     (4) Appeal. - If the court enters an order denying a request of the United States under this subsection, the United States may take an immediate interlocutory appeal in accordance with paragraph (5).
     (5) Interlocutory appeal. -

     (A) Subject of appeal. - An interlocutory appeal by the United States shall lie to a court of appeals from a decision or order of a district court -

     (i) authorizing the disclosure of classified information;
     (ii) imposing sanctions for nondisclosure of classified information; or
     (iii) refusing a protective order sought by the United States to prevent the disclosure of classified information.

     (B) Expedited consideration. -

     (i) In general. - An appeal taken pursuant to this paragraph, either before or during trial, shall be expedited by the court of appeals.
     (ii) Appeals prior to trial. - If an appeal is of an order made prior to trial, an appeal shall be taken not later than 10 days after the decision or order appealed from, and the trial shall not commence until the appeal is resolved.
     (iii) Appeals during trial. - If an appeal is taken during trial, the trial court shall adjourn the trial until the appeal is resolved, and the court of appeals -

     (I) shall hear argument on such appeal not later than 4 days after the adjournment of the trial;
     (II) may dispense with written briefs other than the supporting materials previously submitted to the trial court;
     (III) shall render its decision not later than 4 days after argument on appeal; and
     (IV) may dispense with the issuance of a written opinion in rendering its decision.

     (C) Effect of ruling. - An interlocutory appeal and decision shall not affect the right of the defendant, in a subsequent appeal from a final judgment, to claim as error reversal by the trial court on remand of a ruling appealed from during trial.

     (6) Construction. - Nothing in this subsection shall prevent the United States from seeking protective orders or asserting privileges ordinarily available to the United States to protect against the disclosure of classified information, including the invocation of the military and State secrets privilege.

     (g) Definitions. - As used in this section -

     (1) the term ''classified information'' has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.);
     (2) the term ''financial institution'' has the same meaning as in section 5312(a)(2) of title 31, United States Code;
     (3) the term ''funds'' includes coin or currency of the United States or any other country, traveler's checks, personal checks, bank checks, money orders, stocks, bonds, debentures, drafts, letters of credit, any other negotiable instrument, and any electronic representation of any of the foregoing;
(<-- Previous Changes)
(<-- Previous Patriot II Changes)
     (4) the term ''material support or resources'' has the same meaning as in section 2339A (including the definition of 'training' in that section), except that no person may be prosecuted under this section in connection with the term 'personnel' unless that person has knowingly provided, attempted to provide, or conspired to provide a terrorist organization with one or more individuals (which may be or include himself) to work in concert with the organization or under its direction or control;
     (5) the term ''Secretary'' means the Secretary of the Treasury; and
     (6) the term ''terrorist organization'' means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act.
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misc administrative details omitted

REFERENCES IN TEXT
The Federal Rules of Civil Procedure, referred to in subsec. (f)(1)(A)(i), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Section 1(a) of the Classified Information Procedures Act, referred to in subsec. (g)(1), is section 1(a) of Pub. L. 95-456, which is set out in the Appendix to this title.
Section 219 of the Immigration and Nationality Act, referred to in subsec. (g)(6), is classified to section 1189 of (USC) Title 8, Aliens and Nationality.

AMENDMENTS
2001 - Subsec. (a)(1). Pub. L. 107-56 substituted ''15 years, or both, and, if the death of any person results, shall be imprisoned for any term of years or for life'' for ''10 years, or both''.

FINDINGS AND PURPOSE
Section 301 of title III of Pub. L. 104-132 provided that:

     ''(a) Findings. - The Congress finds that -

     ''(1) international terrorism is a serious and deadly problem that threatens the vital interests of the United States;
     ''(2) the Constitution confers upon Congress the power to punish crimes against the law of nations and to carry out the treaty obligations of the United States, and therefore Congress may by law impose penalties relating to the provision of material support to foreign organizations engaged in terrorist activity;
     ''(3) the power of the United States over immigration and naturalization permits the exclusion from the United States of persons belonging to international terrorist organizations;
     ''(4) international terrorism affects the interstate and foreign commerce of the United States by harming international trade and market stability, and limiting international travel by United States citizens as well as foreign visitors to the United States;
     ''(5) international cooperation is required for an effective response to terrorism, as demonstrated by the numerous multilateral conventions in force providing universal prosecutive jurisdiction over persons involved in a variety of terrorist acts, including hostage taking, murder of an internationally protected person, and aircraft piracy and sabotage;
     ''(6) some foreign terrorist organizations, acting through affiliated groups or individuals, raise significant funds within the United States, or use the United States as a conduit for the receipt of funds raised in other nations; and
     ''(7) foreign organizations that engage in terrorist activity are so tainted by their criminal conduct that any contribution to such an organization facilitates that conduct.

     ''(b) Purpose. - The purpose of this subtitle (subtitle A (Sec. 301-303) of title III of Pub. L. 104-132, enacting this section and section 1189 of Title 8, Aliens and Nationality) is to provide the Federal Government the fullest possible basis, consistent with the Constitution, to prevent persons within the United States, or subject to the jurisdiction of the United States, from providing material support or resources to foreign organizations that engage in terrorist activities.''

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1956, 2332b, 2516 of this title;
title 8 section 1189;
title 22 section 7211.


 18 USC Sec. 2339C  Version 1. Added by Public Law 107-197        06/25/02

Sec. 2339C. Prohibitions against the financing of terrorism

     (a) Offenses.--

(<-- Previous Changes)
(Skip Ahead To Next Patriot Changes->)
     (1) In general.--Whoever, in a circumstance described in subsection (b), 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

     (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.

(<-- Previous Changes, other)
(<-- Previous Changes, Patriot)
(<-- Previous Patriot II Changes)
     (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 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 resources, or any funds or proceeds of such funds--

     (A) knowing or intending that the support or resources were provided are to be provided, or knowing 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
are to be provided or collected, or knowing that the funds were provided or collected, in violation of subsection (a),
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     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;
     (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;
(<-- Previous Patriot & Patriot II Changes)
     (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
(Pat II)
     (13) the term 'material support or resources' has the same meaning as in section 2339A(b) of this title; and
     (13)
(14) 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).

SHORT TITLE.
This title may be cited as the ``Suppression of the Financing of Terrorism Convention Implementation Act of 2002''.

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 Bombing enters into force for the United States, section 202 shall take effect on the date of enactment of this Act.


 18 USC Sec. 2339C  Version 2. Proposed by Patriot II  Not Yet Enacted

2339C. Denial of federal benefits to terrorists

     (a) In general. -Any individual who is convicted of an offense listed in section 2332b(g)(5)(B)* shall, as provided by the court on motion of the government, be ineligible for any or all Federal benefits for any term of years or for life.

     (b) Definition. -- As used in this section, 'Federal benefit' has the meaning given that term in section 421(d) of the Controlled Substances Act (21 U.S.C. 862(d)).


18 USC Sec. 2339D   Proposed by Patriot II                 Not Yet Enacted

2339D. Terrorist offenses resulting in death

     A person who, in the course of an offense listed in section 2332b(g)(5)(B)* or of terrorist activities (as defined in section 2510)*, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life.
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