(2) three appointed by the Speaker of the House of Representatives; and

(3) three appointed by the President.

(b) Members shall be appointed for the life of the Commission. (c) A vacancy in the Commission shall be filled in the manner in which the original appointment was made.

(d)(1) Except as provided in paragraph (2), members of the Commission each shall be entitled to receive the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule (5 U.S.C. 5332) for each day during which they are engaged in the actual performance of the duties of the Commission.

(2) Members of the Commission who are full-time officers or employees of the United States or Members of the Congress shall receive no additional pay on account of their service on the Commission.

(3) While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including a per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code.

(e) The Commission shall elect a Chairman and a Vice Chairman from among its members.

(f) Five members of the Commission shall constitute a quorum. (g) The Commission shall meet at the call of the Chairman or a majority of its members.

DIRECTORS AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS

SEC. 1514. (a) Subject to such rules as may be adopted by the Commission, the Chairman, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classifications and General Schedule pay rates, shall have the power to

(1) appoint a Director who shall be paid at a rate not to exceed the rate of basic pay in effect for level V of the Executive Schedule (5 U.S.C. 5316);

(2) appoint and fix the compensation of such staff personnel as he considers necessary; and

(3) procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code.

(b) Upon request of the Commission, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist it in carrying out its duties under this title.

POWERS OF COMMISSION

SEC. 1515. (a) The Commission may, for the purpose of carrying out this title, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable. The Commission may administer oaths and affirmations to witnesses appearing before the Commission.

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

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

REPORTS

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

TERMINATION

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

AUTHORIZATION OF APPROPRIATION

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

DEFINITIONS

SEC. 1519. For purposes of this title

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

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

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

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

1

3. Diplomatic Security and Anti-Terrorism 1

a. International Terrorism

Chapter 113A of title 18, United States Code, as added by Public Law 99-399 [Omnibus Diplomatic Security and Antiterrorism Act of 1986; H.R. 4151], 100 Stat. 853, approved August 27, 1986; and amended by Public Law 100–690 [Anti-Drug Abuse Act of 1988; H.R. 5210], 102 Stat. 4181, approved November 18, 1988; Public Law 101-5192 [Military Construction Appropriations Act, 1991; H.R. 5313], 104 Stat. 2240 at 2250, approved November 5, 1990; Public Law 102-27 [Dire Emergency Supplemental Appropriations For Consequences of Operation Desert Shield/Desert Storm, Food Stamps, Unemployment Compensation Administration, Veterans Compensation and Pensions, and Other Urgent Needs Act of 1991; H.R. 1281], 105 Stat. 130, approved April 10, 1991; and by Public Law 102-572 [Federal Courts Administration Act of 1992, S. 1569], 106 Stat. 4506, approved October 29, 1992

CHAPTER 113A-TERRORISM

§ Sec. 2331.2 Definitions

As used in this chapter

(1) the term "international terrorism" means activities that

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

(B) appear to be intended

(i) to intimidate or coerce a civilian population;

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

1 See also PLO Commitments Compliance Act of 1989, title VIII of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 76), page 171.

2 Sec. 132 of Public Law 101-519 (104 Stat. 225) amended section 2331 of chapter 113A, title 18, U.S.C., redesignated it as section 2332, and added new secs. 2331, 2333 through 2338. Sec. 132(d) of that Act further provided that "This section and the amendments made by this section shall apply to any pending case and any cause of action arising on or after 3 years before the date of enactment of this section.".

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

"SEC. 402. MILITARY CONSTRUCTION.

"(a) In Public Law 101-519, the Military Construction Appropriations Act, 1991, sections 131 and 132 are hereby repealed effective November 5, 1990.

"(b) Effective November 5, 1990, chapter 113A of title 18, United States Code, is amended to read as if section 132 of Public Law 101-519 [104 Stat. 2250] had not been enacted.".

Subsequently, sec. 1003(a) of the Federal Courts Administration Act of 1992 (Public Law 102572; 106 Stat. 4521) redesignated sec. 2331 as 2332, and inserted new secs. 2331, 2333-2338, with such amendments applicable "to any pending case or any cause of action arising on or after 4 years before the date of enactment of this Act", pursuant to sec. 1003(c) of Public Law 102-572 (106 Stat. 4524; 18 U.S.C. 2331 note).

(iii) to affect the conduct of a government by assassination or kidnapping; and

(C) occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum;

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

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

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

(A) declared war;

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

(C) armed conflict between military forces of any origin.

82332.3 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 a murder as defined in section 1111(a) of this title, be fined under this title or imprisoned for any term of years or for life, or both so fined and so imprisoned;

(2) if the killing is a voluntary manslaughter as defined in section 1112(a) of this title, be fined under this title or imprisoned not more than ten years, or both; and

(3) if the killing is an involuntary manslaughter as defined in section 1112(a) of this title, be fined under this title or imprisoned not more than three years, or both.

(b) ATTEMPT OR CONSPIRACY WITH RESPECT TO HOMICIDE.-Whoever outside the United States attempts to kill, or engages in a conspiracy to kill, a national of the United States shall

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

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

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

This section was added as sec. 2331 by sec. 1202(a) of Public Law 99-399 (100 Stat. 896), with a caption that read "Terrorist acts abroad against United States nationals". Sec. 1003(a)(2) of Public Law 102-572 (106 Stat. 4521) redesignated sec. 2331 as 2332, struck out the caption, and inserted in its place a caption that read "Criminal penalties", with such amendment applicable "to any pending case or any cause of action arising on or after 4 years before the date of enactment of this Act", pursuant to sec. 1003(c) of Public Law 102-572 (106 Stat. 4524; 18 U.S.C. 2331 note).

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

(2) with the result that serious bodily harm is caused to a national of the United States;

shall be fined under this title or imprisoned not more than five years, or both.

(d) 4 LIMITATION ON PROSECUTION.-No prosecution for any offense described in this section shall be undertaken by the United Stats except on written certification of the Attorney General or the highest ranking subordinate of the Attorney General with responsibility for criminal prosecutions that, in the judgment of the certifying official, such offense was intended to coerce, intimidate, or retaliate against a government or a civilian population.

§ Sec. 2333.2 Civil remedies

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

(b) ESTOPPEL UNDER UNITED STATES LAW.-A final judgment or decree rendered in favor of the United States in any criminal proceeding under section 1116, 1201, 1203, or 2332 of this title or section 902(i), (k), (1), (n), or (r) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1472(i), (k), (1), (n), or (r)) shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding under this section.

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

§ Sec. 2334.2 Jurisdiction and venue

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

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

• Sec. 1003(a)(1) of Public Law 102-572 (106 Stat. 4521) struck out subsec. (d), and redesignated subsec. (e) as (d), with such amendment applicable "to any pending case or any cause of action arising on or after 4 years before the date of enactment of this Act", pursuant to sec. 1003(c) of Public Law 102-572 (106 Stat. 4524; 18 U.S.C. 2331 note). Subsec. (d) defined "national of the United States" as having the meaning given in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).