USA PATRIOT Act of 2001 - Sections 802-811

USA PATRIOT Act of 2001 - Sections 802-811
Section 802 -
DEFINITION OF DOMESTIC TERRORISM
Section 803 -
PROHIBITION AGAINST HARBORING TERRORISTS
Section 804 -
JURISDICTION OVER CRIMES COMMITTED AT U.S. FACILITIES ABROAD
Section 805 -
MATERIAL SUPPORT FOR TERRORISM
Section 806 -
ASSETS OF TERRORIST ORGANIZATIONS
Section 807 -
TECHNICAL CLARIFICATION RELATING TO PROVISION OF MATERIAL SUPPORT TO TERRORISM
Section 808 -
DEFINITION OF FEDERAL CRIME OF TERRORISM
Section 809 -
NO STATUTE OF LIMITATION FOR CERTAIN TERRORISM OFFENSES
Section 810 -
ALTERNATE MAXIMUM PENALTIES FOR TERRORISM OFFENSES
Section 811 -
PENALTIES FOR TERRORIST CONSPIRACIES
Section 812 -
POST-RELEASE SUPERVISION OF TERRORISTS
Section 813 -
INCLUSION OF ACTS OF TERRORISM AS RACKETEERING ACTIVITY
Section 814 -
DETERRENCE AND PREVENTION OF CYBERTERRORISM
H.R.3162

Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Enrolled Bill (Sent to President))

SEC. 802. DEFINITION OF DOMESTIC TERRORISM.

(a) DOMESTIC TERRORISM DEFINED- Section 2331 of title 18, United States Code, is amended--
(1) in paragraph (1)(B)(iii), by striking `by assassination or kidnapping' and inserting `by mass destruction, assassination, or kidnapping';
(2) in paragraph (3), by striking `and';
(3) in paragraph (4), by striking the period at the end and inserting `; and'; and
(4) by adding at the end the following:
`(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 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.'.
(b) CONFORMING AMENDMENT- Section 3077(1) of title 18, United States Code, is amended to read as follows:
`(1) `act of terrorism' means an act of domestic or international terrorism as defined in section 2331;'.
SEC. 803. PROHIBITION AGAINST HARBORING TERRORISTS.

(a) IN GENERAL- Chapter 113B of title 18, United States Code, is amended by adding after section 2338 the following new section:
`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.'.
(b) TECHNICAL AMENDMENT- The chapter analysis for chapter 113B of title 18, United States Code, is amended by inserting after the item for section 2338 the following:
`2339. Harboring or concealing terrorists.'.
SEC. 804. JURISDICTION OVER CRIMES COMMITTED AT U.S. FACILITIES ABROAD.

Section 7 of title 18, United States Code, is amended by adding at the end the following:
`(9) With respect to offenses committed by or against a national of the United States as that term is used in section 101 of the Immigration and Nationality Act--
`(A) the premises of United States diplomatic, consular, military or other United States Government missions or entities in foreign States, including the buildings, parts of buildings, and land appurtenant or ancillary thereto or used for purposes of those missions or entities, irrespective of ownership; and
`(B) residences in foreign States and the land appurtenant or ancillary thereto, irrespective of ownership, used for purposes of those missions or entities or used by United States personnel assigned to those missions or entities.
Nothing in this paragraph shall be deemed to supersede any treaty or international agreement with which this paragraph conflicts. This paragraph does not apply with respect to an offense committed by a person described in section 3261(a) of this title.'.
SEC. 805. MATERIAL SUPPORT FOR TERRORISM.

(a) IN GENERAL- Section 2339A of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking `, within the United States,';
(B) by inserting `229,' after `175,';
(C) by inserting `1993,' after `1992,';
(D) by inserting `, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284),' after `of this title';
(E) by inserting `or 60123(b)' after `46502'; and
(F) by inserting at the end the following: `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.'; and
(2) in subsection (b)--
(A) by striking `or other financial securities' and inserting `or monetary instruments or financial securities'; and
(B) by inserting `expert advice or assistance,' after `training,'.
(b) TECHNICAL AMENDMENT- Section 1956(c)(7)(D) of title 18, United States Code, is amended by inserting `or 2339B' after `2339A'.
SEC. 806. ASSETS OF TERRORIST ORGANIZATIONS.

Section 981(a)(1) of title 18, United States Code, is amended by inserting at the end the following:
`(G) All assets, foreign or domestic--
`(i) of any individual, entity, or organization engaged in planning or perpetrating any act of domestic or international terrorism (as defined in section 2331) against the United States, citizens or residents of the United States, or their property, and all assets, foreign or domestic, affording any person a source of influence over any such entity or organization;
`(ii) acquired or maintained by any person with the intent and for the purpose of supporting, planning, conducting, or concealing an act of domestic or international terrorism (as defined in section 2331) against the United States, citizens or residents of the United States, or their property; or
`(iii) derived from, involved in, or used or intended to be used to commit any act of domestic or international terrorism (as defined in section 2331) against the United States, citizens or residents of the United States, or their property.'.
SEC. 807. TECHNICAL CLARIFICATION RELATING TO PROVISION OF MATERIAL SUPPORT TO TERRORISM.

No provision of the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of Public Law 106-387) shall be construed to limit or otherwise affect section 2339A or 2339B of title 18, United States Code.
SEC. 808. DEFINITION OF FEDERAL CRIME OF TERRORISM.

Section 2332b of title 18, United States Code, is amended--
(1) in subsection (f), by inserting `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,' before `and the Secretary'; and
(2) in subsection (g)(5)(B), by striking clauses (i) through (iii) and inserting the following:
`(i) 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), 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), 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), 2339 (relating to harboring terrorists), 2339A (relating to providing material support to terrorists), 2339B (relating to providing material support to terrorist organizations), or 2340A (relating to torture) of this title;
`(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), or section 60123(b) (relating to destruction of interstate gas or hazardous liquid pipeline facility) of title 49.'.
SEC. 809. NO STATUTE OF LIMITATION FOR CERTAIN TERRORISM OFFENSES.

(a) IN GENERAL- Section 3286 of title 18, United States Code, is amended to read as follows:
`Sec. 3286. Extension of statute of limitation for certain terrorism offenses

`(a) EIGHT-YEAR LIMITATION- Notwithstanding section 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), or a violation of section 112, 351(e), 1361, or 1751(e) of this title, 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 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), if the commission of such offense resulted in, or created a forseeable risk of, death or serious bodily injury to another person.'.
(b) APPLICATION- The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section.
SEC. 810. ALTERNATE MAXIMUM PENALTIES FOR TERRORISM OFFENSES.

(a) ARSON- Section 81 of title 18, United States Code, is amended in the second undesignated paragraph by striking `not more than twenty years' and inserting `for any term of years or for life'.
(b) DESTRUCTION OF AN ENERGY FACILITY- Section 1366 of title 18, United States Code, is amended--
(1) in subsection (a), by striking `ten' and inserting `20'; and
(2) by adding at the end the following:
`(d) Whoever is convicted of a violation of subsection (a) or (b) that has resulted in the death of any person shall be subject to imprisonment for any term of years or life.'.
(c) MATERIAL SUPPORT TO TERRORISTS- Section 2339A(a) of title 18, United States Code, is amended--
(1) by striking `10' and inserting `15'; and
(2) by striking the period and inserting `, and, if the death of any person results, shall be imprisoned for any term of years or for life.'.
(d) MATERIAL SUPPORT TO DESIGNATED FOREIGN TERRORIST ORGANIZATIONS- Section 2339B(a)(1) of title 18, United States Code, is amended--
(1) by striking `10' and inserting `15'; and
(2) by striking the period after `or both' and inserting `, and, if the death of any person results, shall be imprisoned for any term of years or for life.'.
(e) DESTRUCTION OF NATIONAL-DEFENSE MATERIALS- Section 2155(a) of title 18, United States Code, is amended--
(1) by striking `ten' and inserting `20'; and
(2) by striking the period at the end and inserting `, and, if death results to any person, shall be imprisoned for any term of years or for life.'.
(f) SABOTAGE OF NUCLEAR FACILITIES OR FUEL- Section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended--
(1) by striking `ten' each place it appears and inserting `20';
(2) in subsection (a), by striking the period at the end and inserting `, and, if death results to any person, shall be imprisoned for any term of years or for life.'; and
(3) in subsection (b), by striking the period at the end and inserting `, and, if death results to any person, shall be imprisoned for any term of years or for life.'.
(g) SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES- Section 46505(c) of title 49, United States Code, is amended--
(1) by striking `15' and inserting `20'; and
(2) by striking the period at the end and inserting `, and, if death results to any person, shall be imprisoned for any term of years or for life.'.
(h) DAMAGING OR DESTROYING AN INTERSTATE GAS OR HAZARDOUS LIQUID PIPELINE FACILITY- Section 60123(b) of title 49, United States Code, is amended--
(1) by striking `15' and inserting `20'; and
(2) by striking the period at the end and inserting `, and, if death results to any person, shall be imprisoned for any term of years or for life.'.
SEC. 811. PENALTIES FOR TERRORIST CONSPIRACIES.

(a) ARSON- Section 81 of title 18, United States Code, is amended in the first undesignated paragraph--
(1) by striking `, or attempts to set fire to or burn'; and
(2) by inserting `or attempts or conspires to do such an act,' before `shall be imprisoned'.
(b) KILLINGS IN FEDERAL FACILITIES- Section 930(c) of title 18, United States Code, is amended--
(1) by striking `or attempts to kill';
(2) by inserting `or attempts or conspires to do such an act,' before `shall be punished'; and
(3) by striking `and 1113' and inserting `1113, and 1117'.
(c) COMMUNICATIONS LINES, STATIONS, OR SYSTEMS- Section 1362 of title 18, United States Code, is amended in the first undesignated paragraph--
(1) by striking `or attempts willfully or maliciously to injure or destroy'; and
(2) by inserting `or attempts or conspires to do such an act,' before `shall be fined'.
(d) BUILDINGS OR PROPERTY WITHIN SPECIAL MARITIME AND TERRITORIAL JURISDICTION- Section 1363 of title 18, United States Code, is amended--
(1) by striking `or attempts to destroy or injure'; and
(2) by inserting `or attempts or conspires to do such an act,' before `shall be fined' the first place it appears.
(e) WRECKING TRAINS- Section 1992 of title 18, United States Code, is amended by adding at the end the following:
`(c) A person who conspires to commit any offense defined in this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.'.
(f) MATERIAL SUPPORT TO TERRORISTS- Section 2339A of title 18, United States Code, is amended by inserting `or attempts or conspires to do such an act,' before `shall be fined'.
(g) TORTURE- Section 2340A of title 18, United States Code, is amended by adding at the end the following:
`(c) CONSPIRACY- A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.'.
(h) SABOTAGE OF NUCLEAR FACILITIES OR FUEL- Section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended--
(1) in subsection (a)--
(A) by striking `, or who intentionally and willfully attempts to destroy or cause physical damage to';
(B) in paragraph (4), by striking the period at the end and inserting a comma; and
(C) by inserting `or attempts or conspires to do such an act,' before `shall be fined'; and
(2) in subsection (b)--
(A) by striking `or attempts to cause'; and
(B) by inserting `or attempts or conspires to do such an act,' before `shall be fined'.
(i) INTERFERENCE WITH FLIGHT CREW MEMBERS AND ATTENDANTS- Section 46504 of title 49, United States Code, is amended by inserting `or attempts or conspires to do such an act,' before `shall be fined'.
(j) SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES- Section 46505 of title 49, United States Code, is amended by adding at the end the following:
`(e) CONSPIRACY- If two or more persons conspire to violate subsection (b) or (c), and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in such subsection.'.
(k) DAMAGING OR DESTROYING AN INTERSTATE GAS OR HAZARDOUS LIQUID PIPELINE FACILITY- Section 60123(b) of title 49, United States Code, is amended--
(1) by striking `, or attempting to damage or destroy,'; and
(2) by inserting `, or attempting or conspiring to do such an act,' before `shall be fined'.
SEC. 812. POST-RELEASE SUPERVISION OF TERRORISTS.

Section 3583 of title 18, United States Code, is amended by adding at the end the following:
`(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), 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.'.
SEC. 813. INCLUSION OF ACTS OF TERRORISM AS RACKETEERING ACTIVITY.

Section 1961(1) of title 18, United States Code, is amended--
(1) by striking `or (F)' and inserting `(F)'; and
(2) by inserting before the semicolon at the end the following: `, or (G) any act that is indictable under any provision listed in section 2332b(g)(5)(B)'.
SEC. 814. DETERRENCE AND PREVENTION OF CYBERTERRORISM.

(a) CLARIFICATION OF PROTECTION OF PROTECTED COMPUTERS- Section 1030(a)(5) of title 18, United States Code, is amended--
(1) by inserting `(i)' after `(A)';
(2) by redesignating subparagraphs (B) and (C) as clauses (ii) and (iii), respectively;
(3) by adding `and' at the end of clause (iii), as so redesignated; and
(4) by adding at the end the following:
`(B) by conduct described in clause (i), (ii), or (iii) of subparagraph (A), caused (or, in the case of an attempted offense, would, if completed, have caused)--
`(i) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value;
`(ii) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals;
`(iii) physical injury to any person;
`(iv) a threat to public health or safety; or
`(v) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security;'.
(b) PROTECTION FROM EXTORTION- Section 1030(a)(7) of title 18, United States Code, is amended by striking `, firm, association, educational institution, financial institution, government entity, or other legal entity,'.
(c) PENALTIES- Section 1030(c) of title 18, United States Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (A) --
(i) by inserting `except as provided in subparagraph (B),' before `a fine';
(ii) by striking `(a)(5)(C)' and inserting `(a)(5)(A)(iii)'; and
(iii) by striking `and' at the end;
(B) in subparagraph (B), by inserting `or an attempt to commit an offense punishable under this subparagraph,' after `subsection (a)(2),' in the matter preceding clause (i); and
(C) in subparagraph (C), by striking `and' at the end;
(2) in paragraph (3)--
(A) by striking `, (a)(5)(A), (a)(5)(B),' both places it appears; and
(B) by striking `(a)(5)(C)' and inserting `(a)(5)(A)(iii)'; and
(3) by adding at the end the following:
`(4)(A) a fine under this title, imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(5)(A)(i), or an attempt to commit an offense punishable under that subsection;
`(B) a fine under this title, imprisonment for not more than 5 years, or both, in the case of an offense under subsection (a)(5)(A)(ii), or an attempt to commit an offense punishable under that subsection;
`(C) a fine under this title, imprisonment for not more than 20 years, or both, in the case of an offense under subsection (a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to commit an offense punishable under either subsection, that occurs after a conviction for another offense under this section.'.
(d) DEFINITIONS- Section 1030(e) of title 18, United States Code is amended--
(1) in paragraph (2)(B), by inserting `, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States' before the semicolon;
(2) in paragraph (7), by striking `and' at the end;
(3) by striking paragraph (8) and inserting the following:
`(8) the term `damage' means any impairment to the integrity or availability of data, a program, a system, or information;';
(4) in paragraph (9), by striking the period at the end and inserting a semicolon; and
(5) by adding at the end the following:
`(10) the term `conviction' shall include a conviction under the law of any State for a crime punishable by imprisonment for more than 1 year, an element of which is unauthorized access, or exceeding authorized access, to a computer;
`(11) the term `loss' means any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service; and
`(12) the term `person' means any individual, firm, corporation, educational institution, financial institution, governmental entity, or legal or other entity.'.
(e) DAMAGES IN CIVIL ACTIONS- Section 1030(g) of title 18, United States Code is amended--
(1) by striking the second sentence and inserting the following: `A civil action for a violation of this section may be brought only if the conduct involves 1 of the factors set forth in clause (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B). Damages for a violation involving only conduct described in subsection (a)(5)(B)(i) are limited to economic damages.'; and
(2) by adding at the end the following: `No action may be brought under this subsection for the negligent design or manufacture of computer hardware, computer software, or firmware.'.
(f) AMENDMENT OF SENTENCING GUIDELINES RELATING TO CERTAIN COMPUTER FRAUD AND ABUSE- Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines to ensure that any individual convicted of a violation of section 1030 of title 18, United States Code, can be subjected to appropriate penalties, without regard to any mandatory minimum term of imprisonment.

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