18 USCS § 229 (2006)

§ 229. Prohibited activities

(a) Unlawful conduct. Except as provided in subsection (b), it shall be unlawful for any person knowingly--
(1) to develop, produce, otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, or use, or threaten to use, any chemical weapon; or
(2) to assist or induce, in any way, any person to violate paragraph (1), or to attempt or conspire to violate paragraph (1).

(b) Exempted agencies and persons.
(1) In general. Subsection (a) does not apply to the retention, ownership, possession, transfer, or receipt of a chemical weapon by a department, agency, or other entity of the United States, or by a person described in paragraph (2), pending destruction of the weapon.
(2) Exempted persons. A person referred to in paragraph (1) is--
(A) any person, including a member of the Armed Forces of the United States, who is authorized by law or by an appropriate officer of the United States to retain, own, possess, transfer, or receive the chemical weapon; or
(B) in an emergency situation, any otherwise nonculpable person if the person is attempting to destroy or seize the weapon.

(c) Jurisdiction. Conduct prohibited by subsection (a) is within the jurisdiction of the United States if the prohibited conduct--
(1) takes place in the United States;
(2) takes place outside of the United States and is committed by a national of the United States;
(3) is committed against a national of the United States while the national is outside the United States; or
(4) is committed 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 the United States.

***

18 USCS § 2332 (2006)

§ 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) [18 USCS § 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 [18 USCS § 1112(a)], 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 [18 USCS § 1112(a)], 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 [18 USCS §§ 2331 et seq.], 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 [18 USCS § 1111(a)], 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 that 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.

*** 

18 USCS § 2332a (2006)

§ 2332a. Use of weapons of mass destruction

(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--
(1) against a national of the United States while such national is outside of the United States;
(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 State 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 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));
(2) the term "weapon of mass destruction" means--
(A) any destructive device as defined in section 921 of this title [18 USCS § 921];
(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 biological agent, toxin, or vector (as those terms are defined in section 178 of this title [18 USCS § 178]); 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.

***

18 USCS § 2332b (2006)

§ 2332b. Acts of terrorism transcending national boundaries [Caution: See prospective amendment note below.]

(a) Prohibited acts.
(1) Offenses. Whoever, 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) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;
(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 [18 USCS § 3], renders any person an accessory after the fact to an offense under subsection (a).

(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 [18 USCS § 351(e), 844(e), 844(f)(1), 956(b), 1361, 1366(b), 1366(c), 1751(e), 2152, or 2156], 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 [18 USCS § 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;
(2) the term "facility of interstate or foreign commerce" has the meaning given that term in section 1958(b)(2) [18 USCS § 1958(b)(2)];
(3) the term "serious bodily injury" has the meaning given that term in section 1365(g)(3) [18 USCS § 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
(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) section 32 [18 USCS § 32] (relating to destruction of aircraft or aircraft facilities), 37 [18 USCS § 37] (relating to violence at international airports), 81 [18 USCS § 81] (relating to arson within special maritime and territorial jurisdiction), 175 or 175b [18 USCS § 175 or 175(b)] (relating to biological weapons), 175c (relating to variola virus), 229 [18 USCS § 229] (relating to chemical weapons), subsection (a), (b), (c), or (d) of section 351 [18 USCS § 351] (relating to congressional, cabinet, and Supreme Court assassination and kidnaping), 831 [18 USCS § 831] (relating to nuclear materials), 832 [18 USCS § 832] (relating to participation in nuclear and weapons of mass destruction threats to the United States)[,] 842(m) or (n) [18 USCS § 842(m) or (n)] (relating to plastic explosives), 844(f)(2) or (3) [18 USCS § 844(f)(2) or (3)] (relating to arson and bombing of Government property risking or causing death), 844(i) [18 USCS § 844(i)] (relating to arson and bombing of property used in interstate commerce), 930(c) [18 USCS § 930(c)] (relating to killing or attempted killing during an attack on a Federal facility with a dangerous weapon), 956(a)(1) [18 USCS § 956(a)(1)] (relating to conspiracy to murder, kidnap, or maim persons abroad), 1030(a)(1) [18 USCS § 1030(a)(1)] (relating to protection of computers), 1030(a)(5)(A)(i) [18 USCS § 1030(a)(5)(A)(i)] resulting in damage as defined in 1030(a)(5)(B)(ii) through (v) [18 USCS § 1030(a)(5)(B)(ii)-(v)] (relating to protection of computers), 1114 [18 USCS § 1114] (relating to killing or attempted killing of officers and employees of the United States), 1116 [18 USCS § 1116] (relating to murder or manslaughter of foreign officials, official guests, or internationally protected persons), 1203 [18 USCS § 1203] (relating to hostage taking), 1361 (relating to government property or contracts), 1362 [18 USCS § 1362] (relating to destruction of communication lines, stations, or systems), 1363 [18 USCS § 1363] (relating to injury to buildings or property within special maritime and territorial jurisdiction of the United States), 1366(a) [18 USCS § 1366(a)] (relating to destruction of an energy facility), 1751(a), (b), (c), or (d) [18 USCS § 1751(a), (b), (c), or (d)] (relating to Presidential and Presidential staff assassination and kidnaping), 1992 [18 USCS § 1992] (relating to wrecking trains), 1993 [18 USCS § 1993] (relating to terrorist attacks and other acts of violence against mass transportation systems), 2155 [18 USCS § 2155] (relating to destruction of national defense materials, premises, or utilities), 2156 (relating to national defense material, premises, or utilities), 2280 [18 USCS § 2280] (relating to violence against maritime navigation), 2281 [18 USCS § 2281] (relating to violence against maritime fixed platforms), 2332 [18 USCS § 2332] (relating to certain homicides and other violence against United States nationals occurring outside of the United States), 2332a [18 USCS § 2332a] (relating to use of weapons of mass destruction), 2332b [18 USCS § 2332b] (relating to acts of terrorism transcending national boundaries), 2332f [18 USCS § 2332f] (relating to bombing of public places and facilities), 2332g [18 USCS § 2332g] (relating to missile systems designed to destroy aircraft), 2332h [18 USCS § 2332h] (relating to radiological dispersal devices), 2339 [18 USCS § 2339] (relating to harboring terrorists), 2339A [18 USCS § 2339A] (relating to providing material support to terrorists), 2339B [18 USCS § 2339B] (relating to providing material support to terrorist organizations), 2339C [18 USCS § 2339C] (relating to financing of terrorism, or 2340A [18 USCS § 2340A] (relating to torture) of this title;
(ii) sections 92 (relating to prohibitions governing atomic weapons) or 236 (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2122 or 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), or section 60123(b) (relating to destruction of interstate gas or hazardous liquid pipeline facility) of title 49.

*** 

18 USCS § 2332d (2006)

§ 2332d. Financial transactions

(a) Offense. Except as provided in regulations issued by the Secretary of the Treasury, in consultation with the Secretary of State, whoever, being a United States person, knowing or having reasonable cause to know that a country is designated under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405) as a country supporting international terrorism, engages in a financial transaction with the government of that country, shall be fined under this title, imprisoned for not more than 10 years, or both.

(b) Definitions. As used in this section--
(1) the term "financial transaction" has the same meaning as in section 1956(c)(4) [18 USCS § 1956(c)(4)]; and
(2) the term "United States person" means any--
(A) United States citizen or national;
(B) permanent resident alien;
(C) juridical person organized under the laws of the United States; or
(D) any person in the United States.

*** 

18 USCS § 2332f (2006)

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

(a) Offenses.
(1) In general. Whoever unlawfully delivers, places, discharges, or detonates an explosive or other lethal device in, into, or against a place of public use, a state or government facility, a public transportation system, or an infrastructure facility--
(A) with the intent to cause death or serious bodily injury, or
(B) with the intent to cause extensive destruction of such a place, facility, or system, where such destruction results in or is likely to result in major economic loss,
shall be punished as prescribed in subsection (c).
(2) Attempts and conspiracies. Whoever attempts or conspires to commit an offense under paragraph (1) shall be punished as prescribed in subsection (c).

(b) Jurisdiction. There is jurisdiction over the offenses in subsection (a) if--
(1) the offense takes place in the United States and--
(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 [18 USCS § 2332a(a)].

(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 [18 USCS § 1365(g)(3)];
(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 [18 USCS § 1116(b)(5)]);
(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 [18 USCS § 844(j)] 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 [18 USCS § 178]) 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.

*** 

18 USCS § 2339A

§ 2339A. Providing material support to terrorists [Caution: See prospective amendment note below.]

(a) Offense. Whoever 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, 2332f, or 2340A of this title [18 USCS § 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, 2332f, or 2340A ], section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), section 46502 or 60123(b) of title 49, or any offense listed in section 2332b(g)(5)(B) [18 USCS § 2332b(g)(5)(B)] (except for sections 2339A and 2339B [18 USCS §§ 2339A and 2339B]) or in preparation for, or in carrying out, the concealment of 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 15 years, or both, and, if the death of any person results, shall be imprisoned for any term of years or for life. 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.

(b) Definitions. As used in this section--
(1) the term "material support or resources" means any property, tangible or intangible, or service, including currency 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 (1 or more individuals who may be or include oneself), and transportation, except medicine or religious materials;
(2) the term "training" means instruction or teaching designed to impart a specific skill, as opposed to general knowledge; and
(3) the term "expert advice or assistance" means advice or assistance derived from scientific, technical or other specialized knowledge

***

18 USCS § 2339B (2006)

§ 2339B. Providing material support or resources to designated foreign terrorist organizations [Caution: See prospective amendment note below.]

(a) Prohibited activities.
(1) Unlawful conduct. Whoever 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 15 years, or both, and, if the death of any person results, shall be imprisoned for any term of years or for life. To violate this paragraph, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (g)(6)), that the organization has engaged or engages in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act [8 USCS § 1182(a)(3)(B)]), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 [22 USCS § 2656f(d)(2)]).
(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--
(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.

(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.
(1) In general. There is jurisdiction over an offense under subsection (a) if--
(A) an offender is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)));
(B) an offender is a stateless person whose habitual residence is in the United States;
(C) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States;
(D) the offense occurs in whole or in part within the United States;
(E) the offense occurs in or affects interstate or foreign commerce; or
(F) an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a).
(2) 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 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 [31 USCS § 5312(a)(2)];
(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;
(4) the term "material support or resources" has the same meaning given that term in section 2339A [18 USCS § 2339A] (including the definitions of "training" and "expert advice or assistance" in that section);
(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 [8 USCS § 1189].

(h) Provision of personnel. 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 foreign terrorist organization with 1 or more individuals (who may be or include himself) to work under that terrorist organization's direction or control or to organize, manage, supervise, or otherwise direct the operation of that organization. Individuals who act entirely independently of the foreign terrorist organization to advance its goals or objectives shall not be considered to be working under the foreign terrorist organization's direction and control.

(i) Rule of construction. Nothing in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the First Amendment to the Constitution of the United States.

(j) Exception. No person may be prosecuted under this section in connection with the term "personnel", "training", or "expert advice or assistance" if the provision of that material support or resources to a foreign terrorist organization was approved by the Secretary of State with the concurrence of the Attorney General. The Secretary of State may not approve the provision of any material support that may be used to carry out terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act [8 USCS § 1182(a)(3)(B)(iii)]).

*** 

18 USCS § 2339C (2006)

§ 2339C. Prohibitions against the financing of terrorism

(a) Offenses.
(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.

(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 or resources, or any funds or proceeds of such funds--
(A) knowing or intending that the support or resources are to be provided, or knowing that the support or resources were provided, in violation of section 2339B of this title [18 USCS § 2339B]; or
(B) knowing or intending that any such funds are to be provided or collected, or knowing that the funds were provided or collected, in violation of subsection (a),
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 [18 USCS § 1116(b)(5)];
(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 [18 USCS § 1365(g)(3)];
(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));
(13) the term "material support or resources" has the same meaning given that term in section 2339B(g)(4) of this title [18 USCS § 2339B(g)(4)]; and
(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).

***

18 USCS § 3286 (2006)

§ 3286. Extension of statute of limitation for certain terrorism offenses

(a) Eight-year limitation. Notwithstanding section 3282 [18 USCS § 3282], no person shall be prosecuted, tried, or punished for any noncapital offense involving a violation of any provision listed in section 2332b(g)(5)(B) [18 USCS § 2332b(g)(5)(B)], or a violation of section 112, 351(e), 1361, or 1751(e) of this title [18 USCS § 112, 352(e), 1361, or 1751(e)], or section 46504, 46505, or 46506 of title 49, unless the indictment is found or the information is instituted within 8 years after the offense was committed. Notwithstanding the preceding sentence, offenses listed in section 3295 [18 USCS § 3295] are subject to the statute of limitations set forth in that section.

(b) No limitation. Notwithstanding any other law, an indictment may be found or an information instituted at any time without limitation for any offense listed in section 2332b(g)(5)(B) [18 USCS § 2332b(g)(5)(B)], if the commission of such offense resulted in, or created a forseeable risk of, death or serious bodily injury to another person.

***

18 USCS § 3583 (2006)

§ 3583. Inclusion of a term of supervised release after imprisonment

(a) In general. The court, in imposing a sentence to a term of imprisonment for a felony or a misdemeanor, may include as a part of the sentence a requirement that the defendant be placed on a term of supervised release after imprisonment, except that the court shall include as a part of the sentence a requirement that the defendant be placed on a term of supervised release if such a term is required by statute or if the defendant has been convicted for the first time of a domestic violence crime as defined in section 3561(b) [18 USCS § 3561(b)].

(b) Authorized terms of supervised release. Except as otherwise provided, the authorized terms of supervised release are--
(1) for a Class A or Class B felony, not more than five years;
(2) for a Class C or Class D felony, not more than three years; and
(3) for a Class E felony, or for a misdemeanor (other than a petty offense), not more than one year.

(c) Factors to be considered in including a term of supervised release. The court, in determining whether to include a term of supervised release, and, if a term of supervised release is to be included, in determining the length of the term and the conditions of supervised release, shall consider the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7) [18 USCS § 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7)].

(d) Conditions of supervised release. The court shall order, as an explicit condition of supervised release, that the defendant not commit another Federal, State, or local crime during the term of supervision and that the defendant not unlawfully possess a controlled substance. The court shall order as an explicit condition of supervised release for a defendant convicted for the first time of a domestic violence crime as defined in section 3561(b) [18 USCS § 3561(b)] that the defendant attend a public, private, or private nonprofit offender rehabilitation program that has been approved by the court, in consultation with a State Coalition Against Domestic Violence or other appropriate experts, if an approved program is readily available within a 50-mile radius of the legal residence of the defendant. The court shall order, as an explicit condition of supervised release for a person described in section 4042(c)(4) [18 USCS § 4042(c)(4)], that the person report the address where the person will reside and any subsequent change of residence to the probation officer responsible for supervision, and that the person register in any State where the person resides, is employed, carries on a vocation, or is a student (as such terms are defined under section 170101(a)(3) of the Violent Crime Control and Law Enforcement Act of 1994 [42 USCS § 14071(a)(3)]). The court shall order, as an explicit condition of supervised release, that the defendant cooperate in the collection of a DNA sample from the defendant, if the collection of such a sample is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000 [42 USCS § 14135a]. The court shall also order, as an explicit condition of supervised release, that the defendant refrain from any unlawful use of a controlled substance and submit to a drug test within 15 days of release on supervised release and at least 2 periodic drug tests thereafter (as determined by the court) for use of a controlled substance. The condition stated in the preceding sentence may be ameliorated or suspended by the court as provided in section 3563(a)(4) [18 USCS § 3563(a)(4)]. The results of a drug test administered in accordance with the preceding subsection shall be subject to confirmation only if the results are positive, the defendant is subject to possible imprisonment for such failure, and either the defendant denies the accuracy of such test or there is some other reason to question the results of the test. A drug test confirmation shall be a urine drug test confirmed using gas chromatography/mass spectrometry techniques or such test as the Director of the Administrative Office of the United States Courts after consultation with the Secretary of Health and Human Services may determine to be of equivalent accuracy. The court shall consider whether the availability of appropriate substance abuse treatment programs, or an individual's current or past participation in such programs, warrants an exception in accordance with United States Sentencing Commission guidelines from the rule of section 3583(g) [18 USCS § 3583(g)] when considering any action against a defendant who fails a drug test. The court may order, as a further condition of supervised release, to the extent that such condition--
(1) is reasonably related to the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), and (a)(2)(D);
(2) involves no greater deprivation of liberty than is reasonably necessary for the purposes set forth in section 3553(a)(2)(B), (a)(2)(C), and (a)(2)(D) [18 USCS § 3553(a)(2)(B), (a)(2)(C), and (a)(2)(D)]; and
(3) is consistent with any pertinent policy statements issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a);

any condition set forth as a discretionary condition of probation in section 3563(b)(1) through (b)(10) and (b)(12) through (b)(20) [18 USCS § 3563(b)(1)-(b)(10) and (b)(12)-(b)(20)], and any other condition it considers to be appropriate. If an alien defendant is subject to deportation, the court may provide, as a condition of supervised release, that he be deported and remain outside the United States, and may order that he be delivered to a duly authorized immigration official for such deportation.

(e) Modification of conditions or revocation. The court may, after considering the factors set forth in section 3553 (a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7) [18 USCS § 3553(a)(1),(a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7)]--
(1) terminate a term of supervised release and discharge the defendant released at any time after the expiration of one year of supervised release, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation, if it is satisfied that such action is warranted by the conduct of the defendant released and the interest of justice;
(2) extend a term of supervised release if less than the maximum authorized term was previously imposed, and may modify, reduce, or enlarge the conditions of supervised release, at any time prior to the expiration or termination of the term of supervised release, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation and the provisions applicable to the initial setting of the terms and conditions of post-release supervision;
(3) revoke a term of supervised release, and require the defendant to serve in prison all or part of the term of supervised release authorized by statute for the offense that resulted in such term of supervised release without credit for time previously served on postrelease supervision, if the court, pursuant to the Federal Rules of Criminal Procedure applicable to revocation of probation or supervised release, finds by a preponderance of the evidence that the defendant violated a condition of supervised release, except that a defendant whose term is revoked under this paragraph may not be required to serve on any such revocation more than 5 years in prison if the offense that resulted in the term of supervised release is a class A felony, more than 3 years in prison if such offense is a class B felony, more than 2 years in prison if such offense is a class C or D felony, or more than one year in any other case; or
(4) order the defendant to remain at his place of residence during nonworking hours and, if the court so directs, to have compliance monitored by telephone or electronic signaling devices, except that an order under this paragraph may be imposed only as an alternative to incarceration.

(f) Written statement of conditions. The court shall direct that the probation officer provide the defendant with a written statement that sets forth all the conditions to which the term of supervised release is subject, and that is sufficiently clear and specific to serve as a guide for the defendant's conduct and for such supervision as is required.

(g) Mandatory revocation for possession of controlled substance or firearm or for refusal to comply with drug testing. If the defendant--
(1) possesses a controlled substance in violation of the condition set forth in subsection (d);
(2) possesses a firearm, as such term is defined in section 921 of this title [18 USCS § 921], in violation of Federal law, or otherwise violates a condition of supervised release prohibiting the defendant from possessing a firearm;
(3) refuses to comply with drug testing imposed as a condition of supervised release; or
(4) as a part of drug testing, tests positive for illegal controlled substances more than 3 times over the course of 1 year;

the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3).

(h) Supervised release following revocation. When a term of supervised release is revoked and the defendant is required to serve a term of imprisonment, the court may include a requirement that the defendant be placed on a term of supervised release after imprisonment. The length of such a term of supervised release shall not exceed the term of supervised release authorized by statute for the offense that resulted in the original term of supervised release, less any term of imprisonment that was imposed upon revocation of supervised release.

(i) Delayed revocation. The power of the court to revoke a term of supervised release for violation of a condition of supervised release, and to order the defendant to serve a term of imprisonment and, subject to the limitations in subsection (h), a further term of supervised release, extends beyond the expiration of the term of supervised release for any period reasonably necessary for the adjudication of matters arising before its expiration if, before its expiration, a warrant or summons has been issued on the basis of an allegation of such a violation.

(j) Supervised release terms for terrorism predicates. Notwithstanding subsection (b), the authorized term of supervised release for any offense listed in section 2332b(g)(5)(B) [18 USCS § 2332b(g)(5)(B)], the commission of which resulted in, or created a foreseeable risk of, death or serious bodily injury to another person, is any term of years or life.

(k) Notwithstanding subsection (b), the authorized term of supervised release for any offense under section 1201 [18 USCS § 1201] involving a minor victim, and for any offense under section 1591, 2241, 2242, 2244(a)(1), 2244(a)(2), 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, 2423, or 2425 [18 USCS § 1591, 2241, 2242, 2244(a)(1), 2244(a)(2), 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, 2423, or 2425], is any term of years or life.

***

18 USCS Appx C, Amend 637

Amendment 637.

The Commentary to § 2A1.1 captioned "Statutory Provisions" is amended by inserting ", 2332b(a)(1), 2340A" after "2118(c)(2)".
The Commentary to § 2A1.2 captioned "Statutory Provision" is amended by striking "Provision" and inserting "Provisions"; by inserting "§ " before "1111"; and by inserting ", 2332b(a)(1), 2340A" after "1111".
The Commentary to § 2A1.3 captioned "Statutory Provision" is amended by striking "Provision" and inserting "Provisions"; by inserting "§ " before "1112"; and by inserting ", 2332b(a)(1)" after "1112".
The Commentary to § 2A1.4 captioned "Statutory Provision" is amended by striking "Provision" and inserting "Provisions"; by inserting "§ " before "1112"; and by inserting ", 2332b(a)(1)" after "1112".
The Commentary to § 2A2.1 captioned "Statutory Provisions" is amended by inserting ", 1993(a)(6)" after "1751(c)".
The Commentary to § 2A2.2 captioned "Statutory Provisions" is amended by inserting ", 1993(a)(6), 2332b(a)(1), 2340A" after "1751(e)".
The Commentary to § 2A4.1 captioned "Statutory Provisions" is amended by inserting ", 2340A" after "1751(b)".
Chapter Two, Part A is amended in the heading of Subpart 5 by adding at the end "AND OFFENSES AGAINST MASS TRANSPORTATION SYSTEMS".
Section 2A5.2 is amended in the heading by adding at the end "; Interference with Dispatch, Operation, or Maintenance of Mass Transportation Vehicle or Ferry".
Section 2A5.2(a)(1) is amended by striking "the aircraft and passengers; or" and inserting ": (A) an airport or an aircraft; or (B) a mass transportation facility, a mass transportation vehicle, or a ferry;".
Section 2A5.2(a)(2) is amended by striking "the aircraft and passengers; or" and inserting ": (A) an airport or an aircraft; or (B) a mass transportation facility, a mass transportation vehicle, or a ferry;".
Section 2A5.2 is amended by inserting after subsection (a) the following:
"(b)
Specific Offense Characteristic
(1)
If (A) subsection (a)(1) or (a)(2) applies; and (B)(i) a firearm was discharged, increase by 5 levels; (ii) a dangerous weapon was otherwise used, increase by 4 levels; or (iii) a dangerous weapon was brandished or its use was threatened, increase by 3 levels. If the resulting offense level is less than level 24, increase to level 24.
(c)
Cross References
(1)
If death resulted, apply the most analogous guideline from Chapter Two, Part A, Subpart 1 (Homicide), if the resulting offense level is greater than that determined above.
(2)
If the offense involved possession of, or a threat to use (A) a nuclear weapon, nuclear material, or nuclear byproduct material; (B) a chemical weapon; (C) a biological agent, toxin, or delivery system; or (D) a weapon of mass destruction, apply § 2M6.1 (Nuclear, Biological, and Chemical Weapons, and Other Weapons of Mass Destruction), if the resulting offense level is greater than that determined above.".
The Commentary to § 2A5.2 captioned "Statutory Provisions" is amended by inserting "18 U.S.C. § 1993(a)(4), (5), (6), (b);" before "49 U.S.C. §§ "; and by inserting "46503," after "46308,".
Section 2A5.2 is amended by striking the Commentary captioned "Background" as follows:
"Background: An adjustment is provided where the defendant intentionally or recklessly endangered the safety of the aircraft and passengers. The offense of carrying a weapon aboard an aircraft, which is proscribed by 49 U.S.C. § 46505, is covered in § 2K1.5 (Possessing Dangerous Weapons or Materials While Boarding or Aboard an Aircraft).",
and inserting the following:
"Application Note:
1.
Definitions. For purposes of this guideline:
'Biological agent', 'chemical weapon', 'nuclear byproduct material', 'nuclear material', 'toxin', and 'weapon of mass destruction' have the meaning given those terms in Application Note 1 of the Commentary to § 2M6.1 (Nuclear, Biological, and Chemical Weapons, and Other Weapons of Mass Destruction).
'Brandished', 'dangerous weapon', 'firearm', and 'otherwise used' have the meaning given those terms in Application Note 1 of the Commentary to § 1B1.1 (Application Instructions).
'Mass transportation' has the meaning given that term in 18 U.S.C. § 1993(c)(5).".
Section 2A6.1 is amended by redesignating subsection (b)(4) as subsection (b)(5); by striking "and (3)" in subsection (b)(5), as redesignated by this amendment, and inserting "(3), and (4)"; and by inserting after subsection (b)(3) the following:
"(4)
If the offense resulted in (A) substantial disruption of public, governmental, or business functions or services; or (B) a substantial expenditure of funds to clean up, decontaminate, or otherwise respond to the offense, increase by 4 levels.".
The Commentary to § 2A6.1 captioned "Statutory Provisions" is amended by inserting "32(c), 35(b)," before "871"; by inserting ", 1993(a)(7), (8), 2332b(a)(2)" after "879"; and by inserting "; 49 U.S.C. § 46507" after "(C)-(E)".
The Commentary to § 2A6.1 captioned "Application Notes" is amended by striking Note 1 as follows:
"1.
The Commission recognizes that this offense includes a particularly wide range of conduct and that it is not possible to include all of the potentially relevant circumstances in the offense level. Factors not incorporated in the guideline may be considered by the court in determining whether a departure from the guidelines is warranted. See Chapter Five, Part K (Departures).";
and by redesignating Note 2 as Note 1.
The Commentary to § 2A6.1 captioned "Application Notes" is amended in Note 1, as redesignated by this amendment, by inserting "Scope of Conduct to Be Considered." before "In determining"; and by striking the last two paragraphs as follows:
"For purposes of Chapter Three, Part D (Multiple Counts), multiple counts involving making a threatening or harassing communication to the same victim are grouped together under § 3D1.2 (Groups of Closely Related Counts). Multiple counts involving different victims are not to be grouped under § 3D1.2.
If the conduct involved substantially more than two threatening communications to the same victim or a prolonged period of making harassing communications to the same victim, an upward departure may be warranted.".
The Commentary to § 2A6.1 captioned "Application Notes" is amended by adding at the end the following:
"2.
Grouping. For purposes of Chapter Three, Part D (Multiple Counts), multiple counts involving making a threatening or harassing communication to the same victim are grouped together under § 3D1.2 (Groups of Closely Related Counts). Multiple counts involving different victims are not to be grouped under § 3D1.2.
3.
Departure Provisions.
(A)
In General. The Commission recognizes that offenses covered by this guideline may include a particularly wide range of conduct and that it is not possible to include all of the potentially relevant circumstances in the offense level. Factors not incorporated in the guideline may be considered by the court in determining whether a departure from the guidelines is warranted. See Chapter Five, Part K (Departures).
(B)
Multiple Threats or Victims. If the offense involved substantially more than two threatening communications to the same victim or a prolonged period of making harassing communications to the same victim, or if the offense involved multiple victims, an upward departure may be warranted.".
Section 2B1.1 is amended by striking subsection (d) as follows:
"(d)
Special Instruction
(1)
If the defendant is convicted under 18 U.S.C. § 1030(a)(4) or (5), the minimum guideline sentence, notwithstanding any other adjustment, shall be six months' imprisonment.".
The Commentary to § 2B1.1 captioned "Statutory Provisions" is amended by inserting "1992, 1993(a)(1), (a)(4)," after "1832,"; by inserting ", 2332b(a)(1)" after "2317"; and by inserting ", 60123(b)" after "46317(a)".
The Commentary to § 2B1.1 captioned "Background" is amended by striking the last paragraph as follows:
"Subsection (d) implements the instruction to the Commission in section 805(c) of Public Law 104-132.".
Section 2B2.3(b)(1) is amended by inserting "(A)" after "occurred"; by striking the comma after "government facility" and inserting "; (B) at"; and by striking ", or" after "energy facility" and inserting "; (C) on a vessel or aircraft of the United States; (D) in a secured area of an airport; or (E) at".
Section 2B2.3 is amended by inserting after subsection (b) the following:
"(c)
Cross Reference
(1)
If the offense was committed with the intent to commit a felony offense, apply § 2X1.1 (Attempt, Solicitation, or Conspiracy) in respect to that felony offense, if the resulting offense level is greater than that determined above.".
The Commentary to § 2B2.3 captioned "Statutory Provisions" is amended by inserting "§ " before "1030"; and by inserting ", 1036" after "(a)(3)".
The Commentary to § 2B2.3 captioned "Application Notes" is amended in Note 1 by striking "For purposes of this guideline--" and inserting the following:
"Definitions. For purposes of this guideline:
'Airport' has the meaning given that term in section 47102 of title 49, United States Code.
'Felony offense' means any offense (federal, state, or local) punishable by imprisonment for a term exceeding one year, whether or not a criminal charge was brought or a conviction was obtained.".
Section 2K1.4(a)(1)(B) is amended by inserting ", an airport, an aircraft, a mass transportation facility, a mass transportation vehicle, or a ferry" after "dwelling".
Section 2K1.4(a)(2) is amended by striking "a dwelling; or (C) endangered a dwelling, or a structure other than a dwelling" and inserting "(i) a dwelling, or (ii) an airport, an aircraft, a mass transportation facility, a mass transportation vehicle, or a ferry; or (C) endangered (i) a dwelling, (ii) a structure other than a dwelling, or (iii) an aircraft, a mass transportation vehicle, or a ferry".
The Commentary to § 2K1.4 captioned "Statutory Provisions" is amended by inserting "1992, 1993(a)(1), (a)(2), (a)(3), (b)," after "1855,"; and by inserting ", 2332a; 49 U.S.C. § 60123(b)" after "2275".
The Commentary to § 2K1.4 captioned "Application Notes" is amended by striking Note 1 as follows:
"1.
If bodily injury resulted, an upward departure may be warranted. See Chapter Five, Part K (Departures).", and inserting the following:
"1.
Definitions. For purposes of this guideline:
'Explosives' includes any explosive, explosive material, or destructive device.
'National cemetery' means a cemetery (A) established under section 2400 of title 38, United States Code; or (B) under the jurisdiction of the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, or the Secretary of the Interior.
'Mass transportation' has the meaning given that term in 18 U.S.C. § 1993(c)(5).".
The Commentary to § 2K1.4 captioned "Application Notes" is amended in Note 2 by inserting "Risk of Death or Serious Bodily Injury." before "Creating".
The Commentary to § 2K1.4 captioned "Application Notes" is amended by striking Notes 3 and 4 as follows:
"3.
'Explosives,' as used in the title of this guideline, includes any explosive, explosive material, or destructive device.
4.
'National cemetery' means a cemetery (A) established under section 2400 of title 38, United States Code;