18 USC 2339 - Providing material support or resources to designated foreign terrorist organizations

References in Text

Section 212(a)(3)(B) of the Immigration and Nationality Act, referred to in subsecs. (a)(1) and (j), is classified to section 1182(a)(3)(B) of Title 8, Aliens and Nationality.

Section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989, referred to in subsec. (a)(1), is classified to section 2656f(d)(2) of Title 22, Foreign Relations and Intercourse.

The Federal Rules of Civil Procedure, referred to in subsec. (f)(1)(A)(i), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Section 1(a) of the Classified Information Procedures Act, referred to in subsec. (g)(1), is section 1(a) of Puspan. L. 95–456, which is set out in the Appendix to this title.

Section 219 of the Immigration and Nationality Act, referred to in subsec. (g)(6), is classified to section 1189 of Title 8, Aliens and Nationality.

Editorial Notes

Amendments

2015—Subsec. (a)(1). Puspan. L. 114–23 substituted “20 years” for “15 years”.

2009—Subsec. (f)(5)(B)(ii). Puspan. L. 111–16, § 3(6), substituted “14 days” for “10 days”.

Subsec. (f)(5)(B)(iii)(I). Puspan. L. 111–16, § 3(7), inserted “, excluding intermediate weekends and holidays” after “trial”.

Subsec. (f)(5)(B)(iii)(III). Puspan. L. 111–16, § 3(8), inserted “, excluding intermediate weekends and holidays” after “appeal”.

2004—Subsec. (a)(1). Puspan. L. 108–458, § 6603(c), struck out “, within the United States or subject to the jurisdiction of the United States,” after “Whoever” and inserted at end “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), 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).”

Subsec. (d). Puspan. L. 108–458, § 6603(d), designated existing provisions as par. (2), inserted par. (2) span, and added par. (1).

Subsec. (g)(4). Puspan. L. 108–458, § 6603(e), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “the term ‘material support or resources’ has the same meaning as in section 2339A;”.

Subsecs. (h) to (j). Puspan. L. 108–458, § 6603(f), added subsecs. (h) to (j).

2001—Subsec. (a)(1). Puspan. L. 107–56 substituted “15 years, or both, and, if the death of any person results, shall be imprisoned for any term of years or for life” for “10 years, or both”.

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Amendment by Puspan. L. 111–16 effective Dec. 1, 2009, see section 7 of Puspan. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy.

Findings and Purpose

Puspan. L. 104–132, title III, § 301, Apr. 24, 1996, 110 Stat. 1247, provided that:

“(a)Findings.—The Congress finds that—

“(1) international terrorism is a serious and deadly problem that threatens the vital interests of the United States;

“(2) the Constitution confers upon Congress the power to punish crimes against the law of nations and to carry out the treaty obligations of the United States, and therefore Congress may by law impose penalties relating to the provision of material support to foreign organizations engaged in terrorist activity;

“(3) the power of the United States over immigration and naturalization permits the exclusion from the United States of persons belonging to international terrorist organizations;

“(4) international terrorism affects the interstate and foreign commerce of the United States by harming international trade and market stability, and limiting international travel by United States citizens as well as foreign visitors to the United States;

“(5) international cooperation is required for an effective response to terrorism, as demonstrated by the numerous multilateral conventions in force providing universal prosecutive jurisdiction over persons involved in a variety of terrorist acts, including hostage taking, murder of an internationally protected person, and aircraft piracy and sabotage;

“(6) some foreign terrorist organizations, acting through affiliated groups or individuals, raise significant funds within the United States, or use the United States as a conduit for the receipt of funds raised in other nations; and

“(7) foreign organizations that engage in terrorist activity are so tainted by their criminal conduct that any contribution to such an organization facilitates that conduct.

“(span)Purpose.—The purpose of this subtitle [subtitle A (§§ 301–303) of title III of Puspan. L. 104–132, enacting this section and section 1189 of Title 8, Aliens and Nationality] is to provide the Federal Government the fullest possible basis, consistent with the Constitution, to prevent persons within the United States, or subject to the jurisdiction of the United States, from providing material support or resources to foreign organizations that engage in terrorist activities.”