Public Law 107-196 107th Congress An Act To amend the Omnibus Crime Control and Safe Streets Act of 1968 to ensure that chaplains killed in the line of duty receive public safety officer death benefits. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. June 24, 2002 [S. 2431] Mychal Judge This Act may be cited as the "Mychal Judge Police and Fire Safety Officers' Chaplains Public Safety Officers' Benefit Act of 2002". SEC. 2. BENEFITS FOR CHAPLAINS. (a) IN GENERAL.-Section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended(1) by redesignating paragraphs (2) through (7) as (3) through (8), respectively; (2) by inserting after paragraph (1) the following: “(2) 'chaplain' includes any individual serving as an officially recognized or designated member of a legally organized volunteer fire department or legally organized police department, or an officially recognized or designated public employee of a legally organized fire or police department who was responding to a fire, rescue, or police emergency;"; and (3) in subparagraph (A) of paragraph (8), as redesignated by paragraph (1), by inserting after "firefighter," the following: "as a chaplain,". (b) ELIGIBLE BENEFICIARIES.-Section 1201(a) of such Act (42 U.S.C. 3796(a)) is amended (1) in paragraph (3), by striking "or" at the end; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following new paragraph: "(4) if there is no surviving spouse or surviving child, to the individual designated by such officer as beneficiary under such officer's most recently executed life insurance policy, provided that such individual survived such officer; or". Benefit Act of Applicability. 42 USC 3796 note. (c) EFFECTIVE DATE.-The amendments made by this section shall take effect on September 11, 2001, and shall apply to injuries or deaths that occur in the line of duty on or after such date. Approved June 24, 2002. LEGISLATIVE HISTORY-S. 2431 (H.R. 3297): HOUSE REPORTS: No. 107-384 accompanying H.R. 3297 (Comm. on the Judici Public Law 107-197 107th Congress An Act To implement the International Convention for the Suppression of Terrorist Bombings to strengthen criminal laws relating to attacks on places of public use, to implement the International Convention of the Suppression of the Financing of Terrorism, to combat terrorism and defend the Nation against terrorist acts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I-SUPPRESSION OF TERRORIST BOMBINGS June 25, 2002 [H.R. 3275] SEC. 101. SHORT TITLE. This title may be cited as the "Terrorist Bombings Convention Implementation Act of 2002". SEC. 102. BOMBING STATUTE. (a) OFFENSE.-Chapter 113B of title 18, United States Code, relating to terrorism, is amended by inserting after section 2332e the following: "§ 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— Terrorist 18 USC 2331 "(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- "(B) a victim is a national 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. to "(d) EXEMPTIONS TO JURISDICTION.-This section does not apply “(1) the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law, “(2) activities undertaken by military forces of a state in the exercise of their official duties; or "(3) offenses committed within the United States, where the alleged offender and the victims are United States citizens and the alleged offender is found in the United States, or where jurisdiction is predicated solely on the nationality of the victims or the alleged offender and the offense has no substantial effect on interstate or foreign commerce. "(e) DEFINITIONS.-As used in this section, the term "(1) 'serious bodily injury' has the meaning given that term in section 1365(g)(3) of this title; "(2) 'national of the United States' has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); “(3) 'state or government facility' includes any permanent or temporary facility or conveyance that is used or occupied by representatives of a state, members of Government, the legislature or the judiciary or by officials or employees of a state or any other public authority or entity or by employees or officials of an intergovernmental organization in connection with their official duties; "(4) ‘intergovernmental organization' includes international organization (as defined in section 1116(b)(5) of this title); "(5) 'infrastructure facility' means any publicly or privately owned facility providing or distributing services for the benefit of the public, such as water, sewage, energy, fuel, or communications; "(6) 'place of public use' means those parts of any building, land, street, waterway, or other location that are accessible or open to members of the public, whether continuously, periodically, or occasionally, and encompasses any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational, or similar place that is so accessible or open to the public; "(7) 'public transportation system' means all facilities, conveyances, and instrumentalities, whether publicly or privately owned, that are used in or for publicly available services for the transportation of persons or cargo; "(8) 'explosive' has the meaning given in section 844(j) of this title insofar that it is designed, or has the capability, to cause death, serious bodily injury, or substantial material damage; "(9) 'other lethal device' means any weapon or device that is designed or has the capability to cause death, serious bodily injury, or substantial damage to property through the release, dissemination, or impact of toxic chemicals, biological agents, or toxins (as those terms are defined in section 178 of this title) or radiation or radioactive material; "(10) 'military forces of a state' means the armed forces of a state which are organized, trained, and equipped under its internal law for the primary purpose of national defense or security, and persons acting in support of those armed forces who are under their formal command, control, and responsibility; "(11) 'armed conflict' does not include internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature; and "(12) 'state' has the same meaning as that term has under international law, and includes all political subdivisions thereof.". |