Pub. L. 101–519, §132, Nov. 5, 1990, 104 Stat. 2250, known as the "Antiterrorism Act of 1990", amended this chapter by adding sections 2331 and 2333 to 2338 and by amending former section 2331 and renumbering it as section 2332. Pub. L. 102–27, title IV, §402, Apr. 10, 1991, 105 Stat. 155, as amended by Pub. L. 102–136, §126, Oct. 25, 1991, 105 Stat. 643, repealed section 132 of Pub. L. 101–519, effective Nov. 5, 1990, and provided that effective Nov. 5, 1990, this chapter is amended to read as if section 132 of Pub. L. 101–519 had not been enacted.
Another chapter 113B, consisting of sections 2340 to 2340B, was renumbered chapter 113C.
2015—Pub. L. 114–23, title VIII, §811(b), June 2, 2015, 129 Stat. 311, added item 2332i.
2004—Pub. L. 108–458, title VI, §6911(a), Dec. 17, 2004, 118 Stat. 3775, added items 2332g and 2332h.
2002—Pub. L. 107–197, title I, §102(b), title II, §202(b), June 25, 2002, 116 Stat. 724, 727, added items 2332f and 2339C.
2001—Pub. L. 107–56, title VIII, §803(b), Oct. 26, 2001, 115 Stat. 377, added item 2339.
1998—Pub. L. 105–277, div. I, title II, §201(c)(2), Oct. 21, 1998, 112 Stat. 2681–871, struck out item 2332c "Use of chemical weapons".
1996—Pub. L. 104–294, title VI, §605(q), Oct. 11, 1996, 110 Stat. 3510, redesignated item 2332d, relating to requests for military assistance to enforce prohibition in certain emergencies, as item 2332e, and moved the item to follow item 2332d, relating to financial transactions.
Pub. L. 104–294, title VI, §604(b)(5), Oct. 11, 1996, 110 Stat. 3506, amended directory language of Pub. L. 103–322, title XII, §120005(b), Sept. 13, 1994, 108 Stat. 2023. See 1994 Amendment note below.
Pub. L. 104–201, div. A, title XIV, §1416(c)(2)(B), Sept. 23, 1996, 110 Stat. 2723, which directed amendment of table of sections at beginning of the chapter 133B of this title, that relates to terrorism, by adding item 2332d relating to requests for military assistance to enforce prohibition in certain emergencies, after item 2332c, was executed by making the addition after item 2332c in the table of sections at the beginning of this chapter to reflect the probable intent of Congress. This title does not contain a chapter 133B.
Pub. L. 104–132, title III, §§303(b), 321(b), title V, §521(c), title VII, §702(b), Apr. 24, 1996, 110 Stat. 1253, 1254, 1287, 1294, added items 2332b to 2332d and 2339B.
1994—Pub. L. 103–322, title XII, §120005(b), Sept. 13, 1994, 108 Stat. 2023, as amended by Pub. L. 104–294, title VI, §604(b)(5), Oct. 11, 1996, 110 Stat. 3506, added item 2339A.
Pub. L. 103–322, title VI, §60023(b), title XXV, §250002(a)(1), (b)(2), Sept. 13, 1994, 108 Stat. 1981, 2082, 2085, renumbered chapter 113A as 113B, amended chapter heading generally, substituting "113B" for "113A", and added item 2332a.
1992—Pub. L. 102–572, title X, §1003(a)(5), Oct. 29, 1992, 106 Stat. 4524, substituted "TERRORISM" for "EXTRATERRITORIAL JURISDICTION OVER TERRORIST ACTS ABROAD AGAINST UNITED STATES NATIONALS" in chapter heading and amended chapter analysis generally, substituting "Definitions" for "Terrorist acts abroad against United States nationals" in item 2331 and adding items 2332 to 2338.
1988—Pub. L. 100–690, title VII, §7062, Nov. 18, 1988, 102 Stat. 4404, added item 2331.
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
(iii) to affect the conduct of a government by mass destruction, 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;
(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;
(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; and
(6) the term "military force" does not include any person that—
(A) has been designated as a—
(i) foreign terrorist organization by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or
(ii) specially designated global terrorist (as such term is defined in section 594.310 of title 31, Code of Federal Regulations) by the Secretary of State or the Secretary of the Treasury; or
(B) has been determined by the court to not be a "military force".
(Added Pub. L. 102–572, title X, §1003(a)(3), Oct. 29, 1992, 106 Stat. 4521; amended Pub. L. 107–56, title VIII, §802(a), Oct. 26, 2001, 115 Stat. 376; Pub. L. 115–253, §2(a), Oct. 3, 2018, 132 Stat. 3183.)
Section 101(a)(22) of the Immigration and Nationality Act, referred to in par. (2), is classified to section 1101(a)(22) of Title 8, Aliens and Nationality.
A prior section 2331 was renumbered 2332 of this title.
2018—Par. (6). Pub. L. 115–253 added par. (6).
2001—Par. (1)(B)(iii). Pub. L. 107–56, §802(a)(1), substituted "by mass destruction, assassination, or kidnapping" for "by assassination or kidnapping".
Par. (5). Pub. L. 107–56, §802(a)(2)–(4), added par. (5).
Pub. L. 115–253, §2(b), Oct. 3, 2018, 132 Stat. 3183, provided that: "The amendments made by this section [amending this section] shall apply to any civil action pending on or commenced after the date of the enactment of this Act [Oct. 3, 2018]."
Pub. L. 102–572, title X, §1003(c), Oct. 29, 1992, 106 Stat. 4524, provided that: "This section [enacting this section and sections 2333 to 2338 of this title, amending former section 2331 of this title, and renumbering former section 2331 of this title as 2332] and the amendments made by this section shall apply to any pending case or any cause of action arising on or after 4 years before the date of enactment of this Act [Oct. 29, 1992]."
Pub. L. 108–458, title VI, §6601, Dec. 17, 2004, 118 Stat. 3761, provided that: "This subtitle [subtitle G (§§6601–6604) of title VI of Pub. L. 108–458, enacting section 2339D of this title, amending sections 2332b and 2339A to 2339C of this title, and enacting provisions set out as a note under section 2332b of this title] may be cited as the 'Material Support to Terrorism Prohibition Enhancement Act of 2004'."
Pub. L. 107–197, title I, §101, June 25, 2002, 116 Stat. 721, provided that: "This title [enacting section 2332f of this title and provisions set out as notes under section 2332f of this title] may be cited as the 'Terrorist Bombings Convention Implementation Act of 2002'."
Pub. L. 107–197, title II, §201, June 25, 2002, 116 Stat. 724, provided that: "This title [enacting section 2339C of this title and provisions set out as notes under section 2339C of this title] may be cited as the 'Suppression of the Financing of Terrorism Convention Implementation Act of 2002'."
(a)
(1) if the killing is murder (as defined in section 1111(a)), be fined under this title, punished by death or imprisonment for any term of years or for life, or both;
(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)
(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)
(1) with intent to cause serious bodily injury to a national of the United States; or
(2) with the result that serious bodily injury is caused to a national of the United States;
shall be fined under this title or imprisoned not more than ten years, or both.
(d)
(Added Pub. L. 99–399, title XII, §1202(a), Aug. 27, 1986, 100 Stat. 896, §2331; amended Pub. L. 101–519, §132(b), Nov. 5, 1990, 104 Stat. 2250; Pub. L. 102–27, title IV, §402, Apr. 10, 1991, 105 Stat. 155; Pub. L. 102–136, §126, Oct. 25, 1991, 105 Stat. 643; renumbered §2332 and amended Pub. L. 102–572, title X, §1003(a)(1), (2), Oct. 29, 1992, 106 Stat. 4521; Pub. L. 103–322, title VI, §60022, Sept. 13, 1994, 108 Stat. 1980; Pub. L. 104–132, title VII, §705(a)(6), Apr. 24, 1996, 110 Stat. 1295.)
1996—Subsec. (c). Pub. L. 104–132 substituted "ten years" for "five years" in concluding provisions.
1994—Subsec. (a)(1). Pub. L. 103–322 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "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;".
1992—Pub. L. 102–572 renumbered section 2331 of this title as this section, substituted "Criminal penalties" for "Terrorist acts abroad against United States national" in section catchline, redesignated subsec. (e) as (d), and struck out former subsec. (d) which read as follows: "
1991—Pub. L. 102–27, §402, as amended by Pub. L. 102–136, §126, repealed Pub. L. 101–519, §132, and amended this section to read as if Pub. L. 101–519, §132, had not been enacted, effective as of Nov. 5, 1990, the date of enactment of Pub. L. 101–519. See Codification note preceding this section.
1990—Pub. L. 101–519, §132, which amended this section, was repealed by Pub. L. 102–27, §402, as amended. See 1991 Amendment note above.
Amendment by Pub. L. 102–572 applicable to any pending case or any cause of action arising on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub. L. 102–572, set out as an Effective Date note under section 2331 of this title.
(a)
(1) against a national of the United States while such national is outside of the United States;
(2) against any person or property within the United States, and
(A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;
(B) such property is used in interstate or foreign commerce or in an activity that affects interstate or foreign commerce;
(C) any perpetrator travels in or causes another to travel in interstate or foreign commerce in furtherance of the offense; or
(D) the offense, or the results of the offense, affect interstate or foreign commerce, or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce;
(3) against any property that is owned, leased or used by the United States or by any department or agency of the United States, whether the property is within or outside of the United States; or
(4) against any property within the United States that is owned, leased, or used by a foreign government,
shall be imprisoned for any term of years or for life, and if death results, shall be punished by death or imprisoned for any term of years or for life.
(b)
(c)
(1) the term "national of the United States" has the meaning given in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
(2) the term "weapon of mass destruction" means—
(A) any destructive device as defined in section 921 of this title;
(B) any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;
(C) any weapon involving a biological agent, toxin, or vector (as those terms are defined in section 178 of this title); or
(D) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life; and
(3) the term "property" includes all real and personal property.
(Added Pub. L. 103–322, title VI, §60023(a), Sept. 13, 1994, 108 Stat. 1980; amended Pub. L. 104–132, title V, §511(c), title VII, §725, Apr. 24, 1996, 110 Stat. 1284, 1300; Pub. L. 104–294, title VI, §605(m), Oct. 11, 1996, 110 Stat. 3510; Pub. L. 105–277, div. I, title II, §201(b)(1), Oct. 21, 1998, 112 Stat. 2681–871; Pub. L. 107–188, title II, §231(d), June 12, 2002, 116 Stat. 661; Pub. L. 108–458, title VI, §6802(a), (b), Dec. 17, 2004, 118 Stat. 3766, 3767.)
2004—Pub. L. 108–458, §6802(b)(1), struck out "certain" before "weapons" in section catchline.
Subsec. (a). Pub. L. 108–458, §6802(b)(2), struck out "(other than a chemical weapon as that term is defined in section 229F)" after "mass destruction" in introductory provisions.
Subsec. (a)(2). Pub. L. 108–458, §6802(a)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "against any person within the United States, and the results of such use affect interstate or foreign commerce or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce; or".
Subsec. (a)(4). Pub. L. 108–458, §6802(a)(2), (3), added par. (4).
Subsec. (b). Pub. L. 108–458, §6802(b)(3), struck out "(other than a chemical weapon (as that term is defined in section 229F))" after "mass destruction".
Subsec. (c)(3). Pub. L. 108–458, §6802(a)(4)–(6), added par. (3).
2002—Subsec. (a). Pub. L. 107–188, §231(d)(1), substituted "section 229F)—" for "section 229F), including any biological agent, toxin, or vector (as those terms are defined in section 178)—" in introductory provisions.
Subsec. (c)(2)(C). Pub. L. 107–188, §231(d)(2), substituted "a biological agent, toxin, or vector (as those terms are defined in section 178 of this title)" for "a disease organism".
1998—Pub. L. 105–277, §201(b)(1)(A), inserted "certain" before "weapons" in section catchline.
Subsec. (a). Pub. L. 105–277, §201(b)(1)(B), inserted "(other than a chemical weapon as that term is defined in section 229F)" after "weapon of mass destruction" in introductory provisions.
Subsec. (b). Pub. L. 105–277, §201(b)(1)(C), inserted "(other than a chemical weapon (as that term is defined in section 229F))" after "weapon of mass destruction".
1996—Subsec. (a). Pub. L. 104–132, §§511(c), 725(1)(A), (B), in heading, inserted "
Subsec. (a)(2). Pub. L. 104–132, §725(1)(C), inserted before semicolon at end ", and the results of such use affect interstate or foreign commerce or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce".
Subsec. (b). Pub. L. 104–132, §725(4), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (b)(2)(B). Pub. L. 104–132, §725(2), as amended by Pub. L. 104–294, §605(m), added subpar. (B) and struck out former subpar. (B) which read as follows: "poison gas;".
Subsec. (c). Pub. L. 104–132, §725(3), redesignated subsec. (b) as (c).
(a)
(1)
(A) kills, kidnaps, maims, commits an assault resulting in serious bodily injury, or assaults with a dangerous weapon any person within the United States; or
(B) creates a substantial risk of serious bodily injury to any other person by destroying or damaging any structure, conveyance, or other real or personal property within the United States or by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States;
in violation of the laws of any State, or the United States, shall be punished as prescribed in subsection (c).
(2)
(b)
(1)
(A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;
(B) the offense obstructs, delays, or affects interstate or foreign commerce, or would have so obstructed, delayed, or affected interstate or foreign commerce if the offense had been consummated;
(C) the victim, or intended victim, is the United States Government, a member of the uniformed services, or any official, officer, employee, or agent of the legislative, executive, or judicial branches, or of any department or agency, of the United States;
(D) the structure, conveyance, or other real or personal property is, in whole or in part, owned, possessed, or leased to the United States, or any department or agency of the United States;
(E) the offense is committed in the territorial sea (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) of the United States; or
(F) the offense is committed within the special maritime and territorial jurisdiction of the United States.
(2)
(c)
(1)
(A) for a killing, or if death results to any person from any other conduct prohibited by this section, by death, or by imprisonment for any term of years or for life;
(B) for kidnapping, by imprisonment for any term of years or for life;
(C) for maiming, by imprisonment for not more than 35 years;
(D) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than 30 years;
(E) for destroying or damaging any structure, conveyance, or other real or personal property, by imprisonment for not more than 25 years;
(F) for attempting or conspiring to commit an offense, for any term of years up to the maximum punishment that would have applied had the offense been completed; and
(G) for threatening to commit an offense under this section, by imprisonment for not more than 10 years.
(2)
(d)
(1)
(2)
(e)
(1) over any offense under subsection (a), including any threat, attempt, or conspiracy to commit such offense; and
(2) over conduct which, under section 3, renders any person an accessory after the fact to an offense under subsection (a).
(f)
(g)
(1) the term "conduct transcending national boundaries" means conduct occurring outside of the United States in addition to the conduct occurring in the United States;
(2) the term "facility of interstate or foreign commerce" has the meaning given that term in section 1958(b)(2);
(3) the term "serious bodily injury" has the meaning given that term in section 1365(g)(3); 1
(4) the term "territorial sea of the United States" means all waters extending seaward to 12 nautical miles from the baselines of the United States, determined in accordance with international law; and
(5) the term "Federal crime of terrorism" means an offense that—
(A) is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct; and
(B) is a violation of—
(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), 175c (relating to variola virus), 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), 832 (relating to participation in nuclear and weapons of mass destruction threats to the United States) 2 842(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) resulting in damage as defined in 1030(c)(4)(A)(i)(II) through (VI) (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), 1361 (relating to government property or contracts), 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 terrorist attacks and other acts of violence against railroad carriers and against mass transportation systems on land, on water, or through the air), 2155 (relating to destruction of national defense materials, premises, or utilities), 2156 (relating to national defense material, premises, or utilities), 2280 (relating to violence against maritime navigation), 2280a (relating to maritime safety), 2281 through 2281a (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), 2332f (relating to bombing of public places and facilities), 2332g (relating to missile systems designed to destroy aircraft), 2332h (relating to radiological dispersal devices), 2332i (relating to acts of nuclear terrorism), 2339 (relating to harboring terrorists), 2339A (relating to providing material support to terrorists), 2339B (relating to providing material support to terrorist organizations), 2339C (relating to financing of terrorism), 2339D (relating to military-type training from a foreign terrorist organization), or 2340A (relating to torture) of this title;
(ii) sections 92 (relating to prohibitions governing atomic weapons) or 236 (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2122 or 2284);
(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; or
(iv) section 1010A of the Controlled Substances Import and Export Act (relating to narco-terrorism).
(Added Pub. L. 104–132, title VII, §702(a), Apr. 24, 1996, 110 Stat. 1291; amended Pub. L. 104–294, title VI, §601(s)(1), (3), Oct. 11, 1996, 110 Stat. 3502; Pub. L. 107–56, title VIII, §808, Oct. 26, 2001, 115 Stat. 378; Pub. L. 107–197, title III, §301(b), June 25, 2002, 116 Stat. 728; Pub. L. 108–458, title VI, §§6603(a)(1), 6803(c)(3), 6908, Dec. 17, 2004, 118 Stat. 3762, 3769, 3774; Pub. L. 109–177, title I, §§110(b)(3)(A), 112, Mar. 9, 2006, 120 Stat. 208, 209; Pub. L. 110–326, title II, §204(b), Sept. 26, 2008, 122 Stat. 3562; Pub. L. 114–23, title VIII, §§805, 811(d), June 2, 2015, 129 Stat. 309, 311.)
Section 1365(g)(3), referred to in subsec. (g)(3), was redesignated section 1365(h)(3) by Pub. L. 107–307, §2(1), Dec. 2, 2002, 116 Stat. 2445.
Section 1010A of the Controlled Substances Import and Export Act, referred to in subsec. (g)(5)(B)(iv), is classified to section 960a of Title 21, Food and Drugs.
2015—Subsec. (g)(5)(B)(i). Pub. L. 114–23 substituted "2280a (relating to maritime safety), 2281 through 2281a" for "2281" and inserted "2332i (relating to acts of nuclear terrorism)," before "2339 (relating to harboring terrorists)".
2008—Subsec. (g)(5)(B)(i). Pub. L. 110–326 substituted "1030(a)(5)(A) resulting in damage as defined in 1030(c)(4)(A)(i)(II) through (VI)" for "1030(a)(5)(A)(i) resulting in damage as defined in 1030(a)(5)(B)(ii) through (v)".
2006—Subsec. (g)(5)(B)(i). Pub. L. 109–177, §§110(b)(3)(A), 112(a)(1), (b), substituted "1992 (relating to terrorist attacks and other acts of violence against railroad carriers and against mass transportation systems on land, on water, or through the air)," for "1992 (relating to wrecking trains), 1993 (relating to terrorist attacks and other acts of violence against mass transportation systems)," and "terrorism), 2339D (relating to military-type training from a foreign terrorist organization), or 2340A" for "terrorism, or 2340A".
Subsec. (g)(5)(B)(iv). Pub. L. 109–177, §112(a)(2)–(4), added cl. (iv).
2004—Subsec. (g)(5)(B)(i). Pub. L. 108–458, §6908(1), inserted "175c (relating to variola virus)," after "175 or 175b (relating to biological weapons)," and "2332g (relating to missile systems designed to destroy aircraft), 2332h (relating to radiological dispersal devices)," before "2339 (relating to harboring terrorists)".
Pub. L. 108–458, §6803(c)(3), inserted "832 (relating to participation in nuclear and weapons of mass destruction threats to the United States)" after "831 (relating to nuclear materials),".
Pub. L. 108–458, §6603(a)(1), inserted "1361 (relating to government property or contracts)," after "1203 (relating to hostage taking)," and "2156 (relating to national defense material, premises, or utilities)," after "2155 (relating to destruction of national defense materials, premises, or utilities),".
Subsec. (g)(5)(B)(ii). Pub. L. 108–458, §6908(2), substituted "sections 92 (relating to prohibitions governing atomic weapons) or" for "section" and inserted "2122 or" before "2284".
2002—Subsec. (g)(5)(B)(i). Pub. L. 107–197 inserted "2332f (relating to bombing of public places and facilities)," after "2332b (relating to acts of terrorism transcending national boundaries)," and "2339C (relating to financing of terrorism," after "2339B (relating to providing material support to terrorist organizations),".
2001—Subsec. (f). Pub. L. 107–56, §808(1), inserted "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".
Subsec. (g)(5)(B)(i) to (iii). Pub. L. 107–56, §808(2), added cls. (i) to (iii) and struck out former cls. (i) to (iii), inserting references to sections 175b, 229, 1030, 1993, and 2339 of this title and striking out references to 1361, 2152, 2156, 2332c of this title in cl. (i) and inserting references to sections 46504, 46505, and 46506 of title 49 in cl. (iii).
1996—Subsec. (b)(1)(A). Pub. L. 104–294, §601(s)(1), struck out "any of the offenders uses" before "the mail or any facility" and inserted "is used" after "foreign commerce".
Subsec. (g)(5)(B)(i). Pub. L. 104–294, §601(s)(3), inserted "930(c)," before "956 (relating to conspiracy to injure property of a foreign government)", "1992," before "2152 (relating to injury of fortifications, harbor defenses, or defensive sea areas)", and "2332c," before "2339A (relating to providing material support to terrorists)".
Pub. L. 108–458, title VI, §6603(g), Dec. 17, 2004, 118 Stat. 3764, which provided that section 6603 of Pub. L. 108–458 (amending this section and sections 2339A and 2339B of this title) and the amendments made by section 6603 would cease to be effective on Dec. 31, 2006, with certain exceptions, was repealed by Pub. L. 109–177, title I, §104, Mar. 9, 2006, 120 Stat. 195.
For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.
Pub. L. 114–23, title VIII, §811(c), June 2, 2015, 129 Stat. 311, provided that: "Nothing contained in this section [enacting section 2332i of this title and amending this section] is intended to affect the applicability of any other Federal or State law that might pertain to the underlying conduct."
1 See References in Text note below.
2 So in original. Probably should be followed by a comma.
Section, added Pub. L. 104–132, title V, §521(a), Apr. 24, 1996, 110 Stat. 1286, related to use of chemical weapons.
(a)
(b)
(1) the term "financial transaction" has the same meaning as in section 1956(c)(4); and
(2) the term "United States person" means any—
(A) United States citizen or national;
(B) permanent resident alien;
(C) juridical person organized under the laws of the United States; or
(D) any person in the United States.
(Added Pub. L. 104–132, title III, §321(a), Apr. 24, 1996, 110 Stat. 1254; amended Pub. L. 107–273, div. B, title IV, §4002(a)(5), Nov. 2, 2002, 116 Stat. 1806.)
Section 6(j) of the Export Administration Act of 1979, referred to in subsec. (a), was classified to section 2405(j) of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as section 4605(j) of Title 50, and was repealed by Pub. L. 115–232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232. For provisions similar to those of former section 4605(j) of Title 50, see section 4813(c) of Title 50, as enacted by Pub. L. 115–232.
Another section 2332d was renumbered section 2332e of this title.
2002—Subsec. (a). Pub. L. 107–273 inserted "of 1979" after "Export Administration Act".
Pub. L. 104–132, title III, §321(c), Apr. 24, 1996, 110 Stat. 1254, provided that: "The amendments made by this section [enacting this section] shall become effective 120 days after the date of enactment of this Act [Apr. 24, 1996]."
1 See References in Text note below.
The Attorney General may request the Secretary of Defense to provide assistance under section 382 of title 10 1 in support of Department of Justice activities relating to the enforcement of section 2332a of this title during an emergency situation involving a weapon of mass destruction. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section 382(f)(2) of title 10.1
(Added Pub. L. 104–201, title XIV, §1416(c)(2)(A), Sept. 23, 1996, 110 Stat. 2723, §2332d; renumbered §2332e, Pub. L. 104–294, title VI, §605(q), Oct. 11, 1996, 110 Stat. 3510; amended Pub. L. 107–56, title I, §104, Oct. 26, 2001, 115 Stat. 277.)
Section 382 of title 10, referred to in text, was renumbered section 282 of title 10, Armed Forces, by Pub. L. 114–328, div. A, title XII, §1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.
Pub. L. 104–201, §1416(c)(2)(A), which directed amendment of the chapter 133B of this title that relates to terrorism by adding this section, was executed by adding this section to this chapter to reflect the probable intent of Congress. This title does not contain a chapter 133B.
2001—Pub. L. 107–56 substituted "2332a of this title" for "2332c of this title" and struck out "chemical" before "weapon of".
1996—Pub. L. 104–294 renumbered section 2332d of this title, relating to requests for military assistance to enforce prohibition in certain emergencies, as this section.
1 See References in Text note below.
(a)
(1)
(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)
(b)
(1) the offense takes place in the United States and—
(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—
(A) a perpetrator is a national of the United States or is a stateless person whose habitual residence is in the United States;
(B) a victim is a national of the United States;
(C) a perpetrator is found in the United States;
(D) the offense is committed in an attempt to compel the United States to do or abstain from doing any act;
(E) the offense is committed against a state or government facility of the United States, including an embassy or other diplomatic or consular premises 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)
(d)
(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)
(1) "serious bodily injury" has the meaning given that term in section 1365(g)(3) of this title; 1
(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.
(Added Pub. L. 107–197, title I, §102(a), June 25, 2002, 116 Stat. 721.)
Section 1365(g)(3), referred to in subsec. (e)(1), was redesignated section 1365(h)(3) by Pub. L. 107–307, §2(1), Dec. 2, 2002, 116 Stat. 2445.
Pub. L. 107–197, title I, §103, June 25, 2002, 116 Stat. 724, provided that: "Section 102 [enacting this section and provisions set out as a note below] shall take effect on the date that the International Convention for the Suppression of Terrorist Bombings enters into force for the United States [July 26, 2002]."
Pub. L. 107–197, title I, §102(c), June 25, 2002, 116 Stat. 724, provided that: "Nothing contained in this section [enacting this section and provisions set out as a note above] is intended to affect the applicability of any other Federal or State law which might pertain to the underlying conduct."
1 See References in Text note below.
(a)
(1)
(A) an explosive or incendiary rocket or missile that is guided by any system designed to enable the rocket or missile to—
(i) seek or proceed toward energy radiated or reflected from an aircraft or toward an image locating an aircraft; or
(ii) otherwise direct or guide the rocket or missile to an aircraft;
(B) any device designed or intended to launch or guide a rocket or missile described in subparagraph (A); or
(C) any part or combination of parts designed or redesigned for use in assembling or fabricating a rocket, missile, or device described in subparagraph (A) or (B).
(2)
(3)
(A) conduct by or under the authority of the United States or any department or agency thereof or of a State or any department or agency thereof; or
(B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof or with a State or any department or agency thereof.
(b)
(1) the offense occurs in or affects interstate or foreign commerce;
(2) the offense occurs outside of the United States and is committed by a national of the United States;
(3) the offense is committed against a national of the United States while the national is outside the United States;
(4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or
(5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.
(c)
(1)
(2)
(3)
(d)
(Added Pub. L. 108–458, title VI, §6903, Dec. 17, 2004, 118 Stat. 3770.)
(a)
(1)
(A) any weapon that is designed or intended to release radiation or radioactivity at a level dangerous to human life; or
(B) any device or other object that is capable of and designed or intended to endanger human life through the release of radiation or radioactivity.
(2)
(A) conduct by or under the authority of the United States or any department or agency thereof; or
(B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof.
(b)
(1) the offense occurs in or affects interstate or foreign commerce;
(2) the offense occurs outside of the United States and is committed by a national of the United States;
(3) the offense is committed against a national of the United States while the national is outside the United States;
(4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or
(5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.
(c)
(1)
(2)
(3)
(Added Pub. L. 108–458, title VI, §6905, Dec. 17, 2004, 118 Stat. 3772.)
(a)
(1)
(A) possesses radioactive material or makes or possesses a device—
(i) with the intent to cause death or serious bodily injury; or
(ii) with the intent to cause substantial damage to property or the environment; or
(B) uses in any way radioactive material or a device, or uses or damages or interferes with the operation of a nuclear facility in a manner that causes the release of or increases the risk of the release of radioactive material, or causes radioactive contamination or exposure to radiation—
(i) with the intent to cause death or serious bodily injury or with the knowledge that such act is likely to cause death or serious bodily injury;
(ii) with the intent to cause substantial damage to property or the environment or with the knowledge that such act is likely to cause substantial damage to property or the environment; or
(iii) with the intent to compel a person, an international organization or a country to do or refrain from doing an act,
shall be punished as prescribed in subsection (c).
(2)
(3)
(b)
(1) the prohibited conduct takes place in the United States or the special aircraft jurisdiction of the United States;
(2) the prohibited conduct takes place outside of the United States and—
(A) is committed by a national of the United States, a United States corporation or legal entity or a stateless person whose habitual residence is in the United States;
(B) is committed on board a vessel of the United States or a vessel subject to the jurisdiction of the United States (as defined in section 70502 of title 46) or on board an aircraft that is registered under United States law, at the time the offense is committed; or
(C) is committed in an attempt to compel the United States to do or abstain from doing any act, or constitutes a threat directed at the United States;
(3) the prohibited conduct takes place outside of the United States and a victim or an intended victim is a national of the United States or a United States corporation or legal entity, or the offense is committed against any state or government facility of the United States; or
(4) a perpetrator of the prohibited conduct is found in the United States.
(c)
(d)
(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; or
(2) activities undertaken by military forces of a state in the exercise of their official duties.
(e)
(1) "armed conflict" has the meaning given that term in section 2332f(e)(11) of this title;
(2) "device" means:
(A) any nuclear explosive device; or
(B) any radioactive material dispersal or radiation-emitting device that may, owing to its radiological properties, cause death, serious bodily injury or substantial damage to property or the environment;
(3) "international organization" has the meaning given that term in section 831(f)(3) 1 of this title;
(4) "military forces of a state" means the armed forces of a country that 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;
(5) "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));
(6) "nuclear facility" means:
(A) any nuclear reactor, including reactors on vessels, vehicles, aircraft or space objects for use as an energy source in order to propel such vessels, vehicles, aircraft or space objects or for any other purpose;
(B) any plant or conveyance being used for the production, storage, processing or transport of radioactive material; or
(C) a facility (including associated buildings and equipment) in which nuclear material is produced, processed, used, handled, stored or disposed of, if damage to or interference with such facility could lead to the release of significant amounts of radiation or radioactive material;
(7) "nuclear material" has the meaning given that term in section 831(f)(1) 1 of this title;
(8) "radioactive material" means nuclear material and other radioactive substances that contain nuclides that undergo spontaneous disintegration (a process accompanied by emission of one or more types of ionizing radiation, such as alpha-, beta-, neutron particles and gamma rays) and that may, owing to their radiological or fissile properties, cause death, serious bodily injury or substantial damage to property or to the environment;
(9) "serious bodily injury" has the meaning given that term in section 831(f)(4) 1 of this title;
(10) "state" has the same meaning as that term has under international law, and includes all political subdivisions thereof;
(11) "state or government facility" has the meaning given that term in section 2332f(e)(3) of this title;
(12) "United States corporation or legal entity" means any corporation or other entity organized under the laws of the United States or any State, Commonwealth, territory, possession or district of the United States;
(13) "vessel" has the meaning given that term in section 1502(19) of title 33; 1 and
(14) "vessel of the United States" has the meaning given that term in section 70502 of title 46.
(Added Pub. L. 114–23, title VIII, §811(a), June 2, 2015, 129 Stat. 309.)
Section 831(f) of this title, referred to in subsec. (e)(3), (7), (9), was redesignated section 831(g) by Pub. L. 114–23, title VIII, §812(d), June 2, 2015, 129 Stat. 312.
Section 1502(19) of title 33, referred to in subsec. (e)(13), probably should be a reference to section 3(19) of the Deepwater Port Act of 1974, which is classified to section 1502(19) of Title 33, Navigation and Navigable Waters.
1 See References in Text note below.
(a)
(b)
(c)
(d)
(1)
(2)
(e)
(Added Pub. L. 102–572, title X, §1003(a)(4), Oct. 29, 1992, 106 Stat. 4522; amended Pub. L. 103–429, §2(1), Oct. 31, 1994, 108 Stat. 4377; Pub. L. 114–222, §4(a), Sept. 28, 2016, 130 Stat. 854; Pub. L. 115–253, §3(a), Oct. 3, 2018, 132 Stat. 3183.)
Section 201 of the Terrorism Risk Insurance Act of 2002, referred to in subsec. (e), is section 201 of Pub. L. 107–297, of which subsecs. (a), (b), and (d) are set out as a note under section 1610 of Title 28, Judiciary and Judicial Procedure. For complete classification of section 201 to the Code, see Tables.
2018—Subsec. (e). Pub. L. 115–253 added subsec. (e).
2016—Subsec. (d). Pub. L. 114–222 added subsec. (d).
1994—Subsec. (b). Pub. L. 103–429 substituted "section 46314, 46502, 46505, or 46506 of title 49" for "section 902(i), (k), (l), (n), or (r) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1472(i), (k), (l), (n), or (r))".
Pub. L. 115–253, §3(b), Oct. 3, 2018, 132 Stat. 3184, provided that: "The amendments made by this section [amending this section] shall apply to any judgment entered before, on, or after the date of enactment of this Act [Oct. 3, 2018]."
Pub. L. 114–222, §7, Sept. 28, 2016, 130 Stat. 855, provided that: "The amendments made by this Act [enacting section 1605B of Title 28, Judiciary and Judicial Procedure, and amending this section and section 1605 of Title 28] shall apply to any civil action—
"(1) pending on, or commenced on or after, the date of enactment of this Act [Sept. 28, 2016]; and
"(2) arising out of an injury to a person, property, or business on or after September 11, 2001."
Section applicable to any pending case or any cause of action arising on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub. L. 102–572, set out as a note under section 2331 of this title.
Pub. L. 114–222, §6, Sept. 28, 2016, 130 Stat. 855, provided that: "If any provision of this Act [enacting section 1605B of Title 28, Judiciary and Judicial Procedure, amending this section and section 1605 of Title 28, and enacting provisions set out as notes under this section, section 1 of this title, and section 1605B of Title 28] or any amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid, the remainder of this Act and the amendments made by this Act, and the application of the provisions and amendments to any other person not similarly situated or to other circumstances, shall not be affected by the holding."
Pub. L. 114–222, §2, Sept. 28, 2016, 130 Stat. 852, provided that:
"(a)
"(1) International terrorism is a serious and deadly problem that threatens the vital interests of the United States.
"(2) 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.
"(3) Some foreign terrorist organizations, acting through affiliated groups or individuals, raise significant funds outside of the United States for conduct directed and targeted at the United States.
"(4) It is necessary to recognize the substantive causes of action for aiding and abetting and conspiracy liability under chapter 113B of title 18, United States Code.
"(5) The decision of the United States Court of Appeals for the District of Columbia in Halberstam v. Welch, 705 F.2d 472 (D.C. Cir. 1983), which has been widely recognized as the leading case regarding Federal civil aiding and abetting and conspiracy liability, including by the Supreme Court of the United States, provides the proper legal framework for how such liability should function in the context of chapter 113B of title 18, United States Code.
"(6) Persons, entities, or countries that knowingly or recklessly contribute material support or resources, directly or indirectly, to persons or organizations that pose a significant risk of committing acts of terrorism that threaten the security of nationals of the United States or the national security, foreign policy, or economy of the United States, necessarily direct their conduct at the United States, and should reasonably anticipate being brought to court in the United States to answer for such activities.
"(7) The United States has a vital interest in providing persons and entities injured as a result of terrorist attacks committed within the United States with full access to the court system in order to pursue civil claims against persons, entities, or countries that have knowingly or recklessly provided material support or resources, directly or indirectly, to the persons or organizations responsible for their injuries.
"(b)
Pub. L. 114–222, §4(b), Sept. 28, 2016, 130 Stat. 854, provided that: "Nothing in the amendment made by this section [amending this section] affects immunity of a foreign state, as that term is defined in section 1603 of title 28, United States Code, from jurisdiction under other law."
Pub. L. 112–239, div. A, title XII, §1251(c), Jan. 2, 2013, 126 Stat. 2017, provided that: "Notwithstanding section 2335 of title 18, United States Code, as amended by subsection (a), a civil action under section 2333 of such title resulting from an act of international terrorism that occurred on or after September 11, 2001, and before the date that is 4 years before the date of the enactment of this Act [Jan. 2, 2013], may be maintained if the civil action is commenced during the 6-year period beginning on such date of enactment."
(a)
(b)
(c)
(d)
(1) the action may be maintained in a foreign court that has jurisdiction over the subject matter and over all the defendants;
(2) that foreign court is significantly more convenient and appropriate; and
(3) that foreign court offers a remedy which is substantially the same as the one available in the courts of the United States.
(e)
(1)
(A) after the date that is 120 days after the date of enactment of this subsection, accepts—
(i) any form of assistance, however provided, under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.);
(ii) any form of assistance, however provided, under section 481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291) for international narcotics control and law enforcement; or
(iii) any form of assistance, however provided, under chapter 9 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb et seq.); or
(B) in the case of a defendant benefiting from a waiver or suspension of section 1003 of the Anti-Terrorism Act of 1987 (22 U.S.C. 5202) after the date that is 120 days after the date of enactment of this subsection—
(i) continues to maintain any office, headquarters, premises, or other facilities or establishments within the jurisdiction of the United States; or
(ii) establishes or procures any office, headquarters, premises, or other facilities or establishments within the jurisdiction of the United States.
(2)
(Added Pub. L. 102–572, title X, §1003(a)(4), Oct. 29, 1992, 106 Stat. 4522; amended Pub. L. 115–253, §4(a), Oct. 3, 2018, 132 Stat. 3184.)
The date of enactment of this subsection, referred to in subsec. (e)(1)(A), (B), is the date of enactment of Pub. L. 115–253, which was approved Oct. 3, 2018.
The Foreign Assistance Act of 1961, referred to in subsec. (e)(1)(A), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 4 of part II of the Act is classified generally to part IV (§2346 et seq.) of subchapter II of chapter 32 of Title 22, Foreign Relations and Intercourse. Chapter 9 of part II of the Act is classified generally to part IX (§2349bb et seq.) of subchapter II of chapter 32 of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables.
2018—Subsec. (e). Pub. L. 115–253 added subsec. (e).
Pub. L. 115–253, §4(b), Oct. 3, 2018, 132 Stat. 3185, provided that: "The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [Oct. 3, 2018]."
Section applicable to any pending case or any cause of action arising on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub. L. 102–572, set out as a note under section 2331 of this title.
(a)
(b)
(Added Pub. L. 102–572, title X, §1003(a)(4), Oct. 29, 1992, 106 Stat. 4523; amended Pub. L. 112–239, div. A, title XII, §1251(a), Jan. 2, 2013, 126 Stat. 2017.)
2013—Subsec. (a). Pub. L. 112–239, §1251(a)(1), substituted "10 years" for "4 years".
Subsec. (b). Pub. L. 112–239, §1251(a)(2), substituted "10-year period" for "4-year period".
Pub. L. 112–239, div. A, title XII, §1251(b), Jan. 2, 2013, 126 Stat. 2017, provided that: "The amendments made by this section [amending this section] shall apply to any civil action arising under section 2333 of title 18, United States Code, that is pending on, or commenced on or after, the date of the enactment of this Act [Jan. 2, 2013]."
Section applicable to any pending case or any cause of action arising on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub. L. 102–572, set out as a note under section 2331 of this title.
(a)
(b)
(c)
(2) In a proceeding under this subsection, the Attorney General may request that any order issued by the court for release to the parties and the public omit any reference to the basis on which the stay was sought.
(Added Pub. L. 102–572, title X, §1003(a)(4), Oct. 29, 1992, 106 Stat. 4523.)
The Federal Rules of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Section applicable to any pending case or any cause of action arising on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub. L. 102–572, set out as a note under section 2331 of this title.
No action shall be maintained under section 2333 of this title against—
(1) the United States, an agency of the United States, or an officer or employee of the United States or any agency thereof acting within his or her official capacity or under color of legal authority; or
(2) a foreign state, an agency of a foreign state, or an officer or employee of a foreign state or an agency thereof acting within his or her official capacity or under color of legal authority.
(Added Pub. L. 102–572, title X, §1003(a)(4), Oct. 29, 1992, 106 Stat. 4523.)
Section applicable to any pending case or any cause of action arising on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub. L. 102–572, set out as a note under section 2331 of this title.
The district courts of the United States shall have exclusive jurisdiction over an action brought under this chapter.
(Added Pub. L. 102–572, title X, §1003(a)(4), Oct. 29, 1992, 106 Stat. 4524.)
Section applicable to any pending case or any cause of action arising on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub. L. 102–572, set out as a note under section 2331 of this title.
(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.
(Added Pub. L. 107–56, title VIII, §803(a), Oct. 26, 2001, 115 Stat. 376; amended Pub. L. 107–273, div. B, title IV, §4005(d)(2), Nov. 2, 2002, 116 Stat. 1813.)
2002—Pub. L. 107–273 made technical correction to directory language of Pub. L. 107–56, §803(a), which enacted this section.
Pub. L. 107–273, div. B, title IV, §4005(d)(2), Nov. 2, 2002, 116 Stat. 1813, provided that the amendment made by section 4005(d)(2) is effective Oct. 26, 2001.
(a)
(b)
(1) the term "material support or resources" means any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individuals who may be or include oneself), and transportation, except medicine or religious materials;
(2) the term "training" means instruction or teaching designed to impart a specific skill, as opposed to general knowledge; and
(3) the term "expert advice or assistance" means advice or assistance derived from scientific, technical or other specialized knowledge.
(Added Pub. L. 103–322, title XII, §120005(a), Sept. 13, 1994, 108 Stat. 2022; amended Pub. L. 104–132, title III, §323, Apr. 24, 1996, 110 Stat. 1255; Pub. L. 104–294, title VI, §§601(b)(2), (s)(2), (3), 604(b)(5), Oct. 11, 1996, 110 Stat. 3498, 3502, 3506; Pub. L. 107–56, title VIII, §§805(a), 810(c), 811(f), Oct. 26, 2001, 115 Stat. 377, 380, 381; Pub. L. 107–197, title III, §301(c), June 25, 2002, 116 Stat. 728; Pub. L. 107–273, div. B, title IV, §4002(a)(7), (c)(1), (e)(11), Nov. 2, 2002, 116 Stat. 1807, 1808, 1811; Pub. L. 108–458, title VI, §6603(a)(2), (b), Dec. 17, 2004, 118 Stat. 3762; Pub. L. 109–177, title I, §110(b)(3)(B), Mar. 9, 2006, 120 Stat. 208; Pub. L. 111–122, §3(d), Dec. 22, 2009, 123 Stat. 3481.)
2009—Subsec. (a). Pub. L. 111–122 inserted ", 1091" after "956" and substituted ", 2340A, or 2442" for ", or 2340A".
2006—Subsec. (a). Pub. L. 109–177 struck out "1993," after "1992,".
2004—Subsec. (a). Pub. L. 108–458, §6603(a)(2)(B), which directed amendment of this section by inserting "or any offense listed in section 2332b(g)(5)(B) (except for sections 2339A and 2339B)" after "section 60123(b) of title 49,", was executed by making the insertion in subsec. (a) after "section 46502 or 60123(b) of title 49," to reflect the probable intent of Congress.
Pub. L. 108–458, §6603(a)(2)(A), struck out "or" before "section 46502".
Subsec. (b). Pub. L. 108–458, §6603(b), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "In this section, the term 'material support or resources' means currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials."
2002—Subsec. (a). Pub. L. 107–273, §4002(a)(7), (e)(11), struck out "2332c," after "2332b," and substituted "of an escape" for "or an escape".
Pub. L. 107–197 inserted "2332f," before "or 2340A".
Subsec. (b). Pub. L. 107–273, §4002(c)(1), repealed amendment by Pub. L. 104–294, §601(b)(2). See 1996 Amendment note below.
2001—Subsec. (a). Pub. L. 107–56, §811(f), inserted "or attempts or conspires to do such an act," before "shall be fined".
Pub. L. 107–56, §810(c)(1), substituted "15 years" for "10 years".
Pub. L. 107–56, §810(c)(2), which directed substitution of ", and, if the death of any person results, shall be imprisoned for any term of years or for life." for period, was executed by making the substitution for the period at end of the first sentence to reflect the probable intent of Congress and the intervening amendment by section 805(a)(1)(F) of Pub. L. 107–56. See below.
Pub. L. 107–56, §805(a)(1)(F), inserted at end "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."
Pub. L. 107–56, §§805(a)(1)(A)–(E), struck out ", within the United States," after "Whoever", and inserted "229," after "175,", "1993," after "1992,", ", section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284)," after "2340A of this title", and "or 60123(b)" after "section 46502".
Subsec. (b). Pub. L. 107–56, §805(a)(2), substituted "or monetary instruments or financial securities" for "or other financial securities" and inserted "expert advice or assistance," after "training,".
1996—Pub. L. 104–294, §604(b)(5), amended directory language of Pub. L. 103–322, §120005(a), which enacted this section.
Pub. L. 104–132 amended section generally, reenacting section catchline without change and redesignating provisions which detailed what constitutes offense, formerly contained in subsec. (b), as subsec. (a), inserting references to sections 37, 81, 175, 831, 842, 956, 1362, 1366, 2155, 2156, 2332, 2332a, 2332b, and 2340A of this title, striking out references to sections 36, 2331, and 2339 of this title, redesignating provisions which define "material support or resource", formerly contained in subsec. (a), as subsec. (b), substituting provisions excepting medicine or religious materials from definition for provisions excepting humanitarian assistance to persons not directly involved in violations, and struck out subsec. (c) which authorized investigations into possible violations, except activities involving First Amendment rights.
Subsec. (a). Pub. L. 104–294, §601(s)(2), (3), inserted "930(c)," before "956,", "1992," before "2155,", "2332c," before "or 2340A of this title", and "or an escape" after "concealment".
Subsec. (b). Pub. L. 104–294, §601(b)(2), which directed substitution of "2332" for "2331", "2332a" for "2339", "37" for "36", and "or an escape" for "of an escape" and which could not be executed after the general amendment by Pub. L. 104–132, was repealed by Pub. L. 107–273, §4002(c)(1). See above.
Pub. L. 107–273, div. B, title IV, §4002(c)(1), Nov. 2, 2002, 116 Stat. 1808, provided that the amendment made by section 4002(c)(1) is effective Oct. 11, 1996.
Amendment by section 604(b)(5) of Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title.
(a)
(1)
(2)
(A) retain possession of, or maintain control over, such funds; and
(B) report to the Secretary the existence of such funds in accordance with regulations issued by the Secretary.
(b)
(A) $50,000 per violation; or
(B) twice the amount of which the financial institution was required under subsection (a)(2) to retain possession or control.
(c)
(d)
(1)
(A) an offender is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)));
(B) an offender is a stateless person whose habitual residence is in the United States;
(C) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States;
(D) the offense occurs in whole or in part within the United States;
(E) the offense occurs in or affects interstate or foreign commerce; or
(F) an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a).
(2)
(e)
(1)
(2)
(A) the compliance or noncompliance by a financial institution with the requirements of subsection (a)(2); and
(B) civil penalty proceedings authorized under subsection (b).
(3)
(f)
(1)
(A)
(i) redact specified items of classified information from documents to be introduced into evidence or made available to the defendant through discovery under the Federal Rules of Civil Procedure;
(ii) substitute a summary of the information for such classified documents; or
(iii) substitute a statement admitting relevant facts that the classified information would tend to prove.
(B)
(C)
(2)
(A)
(i) Copies of items from which classified information has been redacted.
(ii) Stipulations admitting relevant facts that specific classified information would tend to prove.
(iii) A declassified summary of the specific classified information.
(B)
(3)
(A)
(B)
(i) permitting the United States to provide the court, ex parte, with a proffer of the witness's response to the question or line of inquiry; and
(ii) requiring the defendant to provide the court with a proffer of the nature of the information that the defendant seeks to elicit.
(C)
(4)
(5)
(A)
(i) authorizing the disclosure of classified information;
(ii) imposing sanctions for nondisclosure of classified information; or
(iii) refusing a protective order sought by the United States to prevent the disclosure of classified information.
(B)
(i)
(ii)
(iii)
(I) shall hear argument on such appeal not later than 4 days after the adjournment of the trial, excluding intermediate weekends and holidays;
(II) may dispense with written briefs other than the supporting materials previously submitted to the trial court;
(III) shall render its decision not later than 4 days after argument on appeal, excluding intermediate weekends and holidays; and
(IV) may dispense with the issuance of a written opinion in rendering its decision.
(C)
(6)
(g)
(1) the term "classified information" has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.);
(2) the term "financial institution" has the same meaning as in section 5312(a)(2) of title 31, United States Code;
(3) the term "funds" includes coin or currency of the United States or any other country, traveler's checks, personal checks, bank checks, money orders, stocks, bonds, debentures, drafts, letters of credit, any other negotiable instrument, and any electronic representation of any of the foregoing;
(4) the term "material support or resources" has the same meaning given that term in section 2339A (including the definitions of "training" and "expert advice or assistance" in that section);
(5) the term "Secretary" means the Secretary of the Treasury; and
(6) the term "terrorist organization" means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act.
(h)
(i)
(j)
(Added Pub. L. 104–132, title III, §303(a), Apr. 24, 1996, 110 Stat. 1250; amended Pub. L. 107–56, title VIII, §810(d), Oct. 26, 2001, 115 Stat. 380; Pub. L. 108–458, title VI, §6603(c)–(f), Dec. 17, 2004, 118 Stat. 3762, 3763; Pub. L. 111–16, §3(6)–(8), May 7, 2009, 123 Stat. 1608; Pub. L. 114–23, title VII, §704, June 2, 2015, 129 Stat. 300.)
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 Pub. 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.
2015—Subsec. (a)(1). Pub. L. 114–23 substituted "20 years" for "15 years".
2009—Subsec. (f)(5)(B)(ii). Pub. L. 111–16, §3(6), substituted "14 days" for "10 days".
Subsec. (f)(5)(B)(iii)(I). Pub. L. 111–16, §3(7), inserted ", excluding intermediate weekends and holidays" after "trial".
Subsec. (f)(5)(B)(iii)(III). Pub. L. 111–16, §3(8), inserted ", excluding intermediate weekends and holidays" after "appeal".
2004—Subsec. (a)(1). Pub. 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). Pub. L. 108–458, §6603(d), designated existing provisions as par. (2), inserted par. (2) heading, and added par. (1).
Subsec. (g)(4). Pub. 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). Pub. L. 108–458, §6603(f), added subsecs. (h) to (j).
2001—Subsec. (a)(1). Pub. 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".
Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy.
Pub. L. 104–132, title III, §301, Apr. 24, 1996, 110 Stat. 1247, provided that:
"(a)
"(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.
"(b)
(a)
(1)
(A) an act which constitutes an offense within the scope of a treaty specified in subsection (e)(7), as implemented by the United States, or
(B) any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act,
shall be punished as prescribed in subsection (d)(1).
(2)
(3)
(b)
(1) the offense takes place in the United States and—
(A) a perpetrator was a national of another state or a stateless person;
(B) on board a vessel flying the flag of another state or an aircraft which is registered under the laws of another state at the time the offense is committed;
(C) on board an aircraft which is operated by the government of another state;
(D) a perpetrator is found outside the United States;
(E) was directed toward or resulted in the carrying out of a predicate act against—
(i) a national of another state; or
(ii) another state or a government facility of such state, including its embassy or other diplomatic or consular premises of that state;
(F) was directed toward or resulted in the carrying out of a predicate act committed in an attempt to compel another state or international organization to do or abstain from doing any act; or
(G) was directed toward or resulted in the carrying out of a predicate act—
(i) outside the United States; or
(ii) within the United States, and either the offense or the predicate act was conducted in, or the results thereof affected, interstate or foreign commerce;
(2) the offense takes place outside the United States and—
(A) a perpetrator is a national of the United States or is a stateless person whose habitual residence is in the United States;
(B) a perpetrator is found in the United States; or
(C) was directed toward or resulted in the carrying out of a predicate act against—
(i) any property that is owned, leased, or used by the United States or by any department or agency of the United States, including an embassy or other diplomatic or consular premises of the United States;
(ii) any person or property within the United States;
(iii) any national of the United States or the property of such national; or
(iv) any property of any legal entity organized under the laws of the United States, including any of its States, districts, commonwealths, territories, or possessions;
(3) 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;
(4) the offense is committed on board an aircraft which is operated by the United States; or
(5) the offense was directed toward or resulted in the carrying out of a predicate act committed in an attempt to compel the United States to do or abstain from doing any act.
(c)
(1)(A) is in the United States; or
(B) is outside the United States and is a national of the United States or a legal entity organized under the laws of the United States (including any of its States, districts, commonwealths, territories, or possessions); and
(2) knowingly conceals or disguises the nature, location, source, ownership, or control of any material support or resources, or any funds or proceeds of such funds—
(A) knowing or intending that the support or resources are to be provided, or knowing that the support or resources were provided, in violation of section 2339B of this title; or
(B) knowing or intending that any such funds are to be provided or collected, or knowing that the funds were provided or collected, in violation of subsection (a),
shall be punished as prescribed in subsection (d)(2).
(d)
(1)
(2)
(e)
(1) the term "funds" means assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including coin, currency, bank credits, travelers checks, bank checks, money orders, shares, securities, bonds, drafts, and letters of credit;
(2) the term "government facility" means any permanent or temporary facility or conveyance that is used or occupied by representatives of a state, members of a 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;
(3) the term "proceeds" means any funds derived from or obtained, directly or indirectly, through the commission of an offense set forth in subsection (a);
(4) the term "provides" includes giving, donating, and transmitting;
(5) the term "collects" includes raising and receiving;
(6) the term "predicate act" means any act referred to in subparagraph (A) or (B) of subsection (a)(1);
(7) the term "treaty" means—
(A) the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on December 16, 1970;
(B) the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on September 23, 1971;
(C) the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on December 14, 1973;
(D) the International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on December 17, 1979;
(E) the Convention on the Physical Protection of Nuclear Material, adopted at Vienna on March 3, 1980;
(F) the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on February 24, 1988;
(G) the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988;
(H) the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf, done at Rome on March 10, 1988; or
(I) the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on December 15, 1997;
(8) the term "intergovernmental organization" includes international organizations;
(9) the term "international organization" has the same meaning as in section 1116(b)(5) of this title;
(10) the term "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;
(11) the term "serious bodily injury" has the same meaning as in section 1365(g)(3) of this title; 1
(12) the term "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));
(13) the term "material support or resources" has the same meaning given that term in section 2339B(g)(4) of this title; and
(14) the term "state" has the same meaning as that term has under international law, and includes all political subdivisions thereof.
(f)
(Added Pub. L. 107–197, title II, §202(a), June 25, 2002, 116 Stat. 724; amended Pub. L. 107–273, div. B, title IV, §4006, Nov. 2, 2002, 116 Stat. 1813; Pub. L. 108–458, title VI, §6604, Dec. 17, 2004, 118 Stat. 3764; Pub. L. 109–177, title IV, §408, Mar. 9, 2006, 120 Stat. 245.)
Section 1365(g)(3), referred to in subsec. (e)(11), was redesignated section 1365(h)(3) by Pub. L. 107–307, §2(1), Dec. 2, 2002, 116 Stat. 2445.
2006—Pub. L. 109–177 amended directory language of Pub. L. 108–458, §6604. See 2004 Amendment notes below.
2004—Subsec. (c)(2). Pub. L. 108–458, §6604(a)(1), as amended by Pub. L. 109–177, §408(1), substituted "or resources, or any funds or proceeds of such funds" for ", resources, or funds" in introductory provisions.
Subsec. (c)(2)(A). Pub. L. 108–458, §6604(a)(2), as amended by Pub. L. 109–177, §408(1), substituted "are to be provided, or knowing that the support or resources were provided," for "were provided".
Subsec. (c)(2)(B). Pub. L. 108–458, §6604(a)(3), as amended by Pub. L. 109–177, §408(1), struck out "or any proceeds of such funds" after "any such funds" and substituted "are to be provided or collected, or knowing that the funds were provided or collected," for "were provided or collected".
Subsec. (e)(13), (14). Pub. L. 108–458, §6604(b), as amended by Pub. L. 109–177, §408(2), added par. (13) and redesignated former par. (13) as (14).
2002—Subsec. (a)(1). Pub. L. 107–273 substituted "described in subsection (b)" for "described in subsection (c)".
Pub. L. 109–177, title IV, §408, Mar. 9, 2006, 120 Stat. 245, provided that the amendment by Pub. L. 109–177 to section 6604 of Pub. L. 108–458 (amending this section) is effective on the date of enactment of Pub. L. 108–458 (Dec. 17, 2004).
Pub. L. 107–197, title II, §203, June 25, 2002, 116 Stat. 727, provided that: "Except for paragraphs (1)(D) and (2)(B) of section 2339C(b) of title 18, United States Code, which shall become effective on the date that the International Convention for the Suppression of the Financing of Terrorism enters into force for the United States [July 26, 2002], and for the provisions of section 2339C(e)(7)(I) of title 18, United States Code, which shall become effective on the date that the International Convention for the Suppression of Terrorist Bombing enters into force for the United States [July 26, 2002], section 202 [enacting this section and provisions set out as a note below] shall take effect on the date of enactment of this Act [June 25, 2002]."
Pub. L. 107–197, title II, §202(c), June 25, 2002, 116 Stat. 727, provided that: "Nothing contained in this section [enacting this section] is intended to affect the scope or applicability of any other Federal or State law."
1 See References in Text note below.
(a)
(b)
(1) an offender is a national of the United States (as defined in 1 101(a)(22) of the Immigration and Nationality Act) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act);
(2) an offender is a stateless person whose habitual residence is in the United States;
(3) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States;
(4) the offense occurs in whole or in part within the United States;
(5) the offense occurs in or affects interstate or foreign commerce; or
(6) an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a).
(c)
(1) the term "military-type training" includes training in means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt services to critical infrastructure, or training on the use, storage, production, or assembly of any explosive, firearm or other weapon, including any weapon of mass destruction (as defined in section 2232a(c)(2) 2);
(2) the term "serious bodily injury" has the meaning given that term in section 1365(h)(3);
(3) the term "critical infrastructure" means systems and assets vital to national defense, national security, economic security, public health or safety including both regional and national infrastructure. Critical infrastructure may be publicly or privately owned; examples of critical infrastructure include gas and oil production, storage, or delivery systems, water supply systems, telecommunications networks, electrical power generation or delivery systems, financing and banking systems, emergency services (including medical, police, fire, and rescue services), and transportation systems and services (including highways, mass transit, airlines, and airports); and
(4) the term "foreign terrorist organization" means an organization designated as a terrorist organization under section 219(a)(1) of the Immigration and Nationality Act.
(Added Pub. L. 108–458, title VI, §6602, Dec. 17, 2004, 118 Stat. 3761.)
Sections 101, 212, and 219 of the Immigration and Nationality Act, referred to in subsecs. (a), (b)(1), and (c)(4), are classified to sections 1101, 1182, and 1189, respectively, 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), is classified to section 2656f(d)(2) of Title 22, Foreign Relations and Intercourse.
1 So in original. The word "section" probably should appear after "in".