18 U.S.C. § 3077 — Definitions

Page 705 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3077 Editorial Notes AMENDMENTS 1994—Pub. L. 103–359 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 98–533, § 1, Oct. 19, 1984, 98 Stat. 2706, provided that: ‘‘This Act [enacting this chapter and section 2708 of Title 22, Foreign Relations and Intercourse, amend- ing sections 2669, 2678 and 2704 of Title 22, enacting pro- visions set out as a note under section 5928 of Title 5, Government Organization and Employees and amend- ing provisions set out as a note under section 2651 of Title 22] may be cited as the ‘1984 Act to Combat Inter- national Terrorism’.’’ ATTORNEY GENERAL’S AUTHORITY TO PAY REWARDS TO COMBAT TERRORISM Pub. L. 107–56, title V, § 501, Oct. 26, 2001, 115 Stat. 363, which provided that funds available to Attorney Gen- eral could be used for payment of rewards to combat terrorism and defend Nation against terrorist acts, in accordance with procedures and regulations established or issued by Attorney General, and set forth conditions in making such rewards, was repealed by Pub. L. 107–273, div. A, title III, § 301(c)(1), Nov. 2, 2002, 116 Stat. 1781. § 3072. Determination of entitlement; maximum amount; Presidential approval; conclusive- ness The Attorney General shall determine wheth- er an individual furnishing information de- scribed in section 3071 is entitled to a reward and the amount to be paid. (Added Pub. L. 98–533, title I, § 101(a), Oct. 19, 1984, 98 Stat. 2707; amended Pub. L. 107–273, div. A, title III, § 301(c)(2), Nov. 2, 2002, 116 Stat. 1781.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–273, which directed amendment of section 3072 of chapter 203, was executed to this section, which is in chapter 204, by striking out at end ‘‘A re- ward under this section may be in an amount not to ex- ceed $500,000. A reward of $100,000 or more may not be made without the approval of the President or the At- torney General personally. A determination made by the Attorney General or the President under this chap- ter shall be final and conclusive, and no court shall have power or jurisdiction to review it.’’ § 3073. Protection of identity Any reward granted under this chapter shall be certified for payment by the Attorney Gen- eral. If it is determined that the identity of the recipient of a reward or of the members of the recipient’s immediate family must be protected, the Attorney General may take such measures in connection with the payment of the reward as deemed necessary to effect such protection. (Added Pub. L. 98–533, title I, § 101(a), Oct. 19, 1984, 98 Stat. 2707.) § 3074. Exception of governmental officials No officer or employee of any governmental entity who, while in the performance of his or her official duties, furnishes the information de- scribed in section 3071 shall be eligible for any monetary reward under this chapter. (Added Pub. L. 98–533, title I, § 101(a), Oct. 19, 1984, 98 Stat. 2707.) [§ 3075. Repealed. Pub. L. 107–273, div. A, title III, § 301(c)(2), Nov. 2, 2002, 116 Stat. 1781] Section, added Pub. L. 98–533, title I, § 101(a), Oct. 19, 1984, 98 Stat. 2707, authorized appropriations for the purpose of this chapter. Pub. L. 107–273, which directed the repeal of section 3075 of chapter 203, was executed to this section which is in chapter 204. § 3076. Eligibility for witness security program Any individual (and the immediate family of such individual) who furnishes information which would justify a reward by the Attorney General under this chapter or by the Secretary of State under section 36 of the State Depart- ment Basic Authorities Act of 1956 may, in the discretion of the Attorney General, participate in the Attorney General’s witness security pro- gram authorized under chapter 224 of this title. (Added Pub. L. 98–533, title I, § 101(a), Oct. 19, 1984, 98 Stat. 2707; amended Pub. L. 99–646, § 45, Nov. 10, 1986, 100 Stat. 3601.) Editorial Notes REFERENCES IN TEXT Section 36 of the State Department Basic Authorities Act of 1956, referred to in text, is classified to section 2708 of Title 22, Foreign Relations and Intercourse. AMENDMENTS 1986—Pub. L. 99–646 substituted ‘‘chapter 224 of this title’’ for ‘‘title V of the Organized Crime Control Act of 1970’’. § 3077. Definitions As used in this chapter, the term— (1) ‘‘act of terrorism’’ means an act of do- mestic or international terrorism as defined in section 2331; (2) ‘‘United States person’’ means— (A) a national of the United States as de- fined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); (B) an alien lawfully admitted for perma- nent residence in the United States as de- fined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)); (C) any person within the United States; (D) any employee or contractor of the United States Government, regardless of na- tionality, who is the victim or intended vic- tim of an act of terrorism by virtue of that employment; (E) a sole proprietorship, partnership, company, or association composed prin- cipally of nationals or permanent resident aliens of the United States; and (F) a corporation organized under the laws of the United States, any State, the District of Columbia, or any territory or possession of the United States, and a foreign sub- sidiary of such corporation; (3) ‘‘United States property’’ means any real or personal property which is within the United States or, if outside the United States, the actual or beneficial ownership of which Page 706 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3101 rests in a United States person or any Federal or State governmental entity of the United States; (4) ‘‘United States’’, when used in a geo- graphical sense, includes Puerto Rico and all territories and possessions of the United States; (5) ‘‘State’’ includes any State of the United States, the District of Columbia, the Common- wealth of Puerto Rico, and any other posses- sion or territory of the United States; (6) ‘‘government entity’’ includes the Gov- ernment of the United States, any State or po- litical subdivision thereof, any foreign coun- try, and any state, provincial, municipal, or other political subdivision of a foreign coun- try; (7) ‘‘Attorney General’’ means the Attorney General of the United States or that official designated by the Attorney General to per- form the Attorney General’s responsibilities under this chapter; and (8) ‘‘act of espionage’’ means an activity that is a violation of— (A) section 793, 794, or 798 of this title; or (B) section 4 of the Subversive Activities Control Act of 1950. (Added Pub. L. 98–533, title I, § 101(a), Oct. 19, 1984, 98 Stat. 2707; amended Pub. L. 100–690, title VII, § 7051, Nov. 18, 1988, 102 Stat. 4401; Pub. L. 101–647, title XXXV, § 3572, Nov. 29, 1990, 104 Stat. 4929; Pub. L. 103–322, title XXXIII, § 330021(1), Sept. 13, 1994, 108 Stat. 2150; Pub. L. 103–359, title VIII, § 803(b), Oct. 14, 1994, 108 Stat. 3439; Pub. L. 104–294, title VI, § 605(g), Oct. 11, 1996, 110 Stat. 3510; Pub. L. 107–56, title VIII, § 802(b), Oct. 26, 2001, 115 Stat. 376.) Editorial Notes REFERENCES IN TEXT Section 4 of the Subversive Activities Control Act of 1950, referred to in par. (8)(B), is classified to section 783 of Title 50, War and National Defense. AMENDMENTS 2001—Par. (1). Pub. L. 107–56 amended par. (1) gen- erally. Prior to amendment, par. (1) read as follows: ‘‘ ‘act of terrorism’ means an activity that— ‘‘(A) involves a violent act or an act dangerous to human life that is 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 jurisdic- tion of the United States or of any State; and ‘‘(B) appears 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 as- sassination or kidnapping;’’. 1996—Par. (8)(A). Pub. L. 104–294 substituted ‘‘this title’’ for ‘‘title 18, United States Code’’. 1994—Par. (1)(B)(iii). Pub. L. 103–322 substituted ‘‘kid- napping’’ for ‘‘kidnaping’’. Par. (8). Pub. L. 103–359 added par. (8). 1990—Pub. L. 101–647 substituted a semicolon for a pe- riod at end of pars. (1) to (3), moved the comma from before the close quotation mark to after that mark in par. (4), substituted a semicolon for a period at end of par. (5), and substituted ‘‘; and’’ for period at end of par. (6). 1988—Par. (4). Pub. L. 100–690 amended par. (4) gen- erally. Prior to amendment, par. (4) read as follows: ‘‘ ‘United States’— ‘‘(A) when used in a geographical sense, includes Puerto Rico and all territories and possessions of the United States; and ‘‘(B) when used in the context of section 3073 shall have the meaning given to it in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).’’ CHAPTER 205—SEARCHES AND SEIZURES Sec. 3101. Effect of rules of court—Rule. 3102. Authority to issue search warrant—Rule. 3103. Grounds for issuing search warrant—Rule. 3103a. Additional grounds for issuing warrant. 3104. Issuance of search warrant; contents—Rule. 3105. Persons authorized to serve search warrant. 3106. Officer authorized to serve search warrant— Rule. 3107. Service of warrants and seizures by Federal Bureau of Investigation. 3108. Execution, service, and return—Rule. 3109. Breaking doors or windows for entry or exit. 3110. Property defined—Rule. 3111. Property seizable on search warrant—Rule. [3112. Repealed.] 3113. Liquor violations in Indian country. 3114. Return of seized property and suppression of evidence; motion—Rule. 3115. Inventory upon execution and return of search warrant—Rule. 3116. Records of examining magistrate judge; re- turn to clerk of court—Rule. 3117. Mobile tracking devices. 3118. Implied consent for certain tests. Editorial Notes CODIFICATION Pub. L. 90–351 enacted section 3103a of this title as part of chapter 204, and Pub. L. 90–462, § 3, Aug. 8, 1968, 82 Stat. 638, corrected the chapter designation from 204 to 205. AMENDMENTS 1990—Pub. L. 101–647, title XXXV, § 3573(d), Nov. 29, 1990, 104 Stat. 4929, struck out item 3112 ‘‘Search war- rants for seizure of animals, birds, or eggs’’ and renum- bered item 3117, ‘‘Implied consent for certain tests’’, as 3118. 1988—Pub. L. 100–690, title VI, § 6477(b)(2), Nov. 18, 1988, 102 Stat. 4381, added item 3117 ‘‘Implied consent for certain tests’’. 1986—Pub. L. 99–508, title I, § 108(b), Oct. 21, 1986, 100 Stat. 1858, added item 3117 ‘‘Mobile tracking devices’’. 1968—Pub. L. 90–351, title IX, § 1401(b), June 19, 1968, 82 Stat. 238, added item 3103a. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’ substituted for ‘‘mag- istrate’’ in item 3116 pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. § 3101. Effect of rules of court—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Rules generally applicable throughout United States, Rule 54. Acts of Congress superseded, Rule 41(g). (June 25, 1948, ch. 645, 62 Stat. 819.) Editorial Notes REFERENCES IN TEXT Rule 41(g), referred to in text, was relettered 41(h) by 1972 amendment eff. Oct. 1, 1972.