Notes on 18 U.S.C. § 2339B : US Code - Notes

Search Notes on 18 U.S.C. § 2339B : US Code - Notes

(Added Pub. L. 104-132, title III, Sec. 303(a), Apr. 24, 1996, 110
Stat. 1250; amended Pub. L. 107-56, title VIII, Sec. 810(d), Oct.
26, 2001, 115 Stat. 380; Pub. L. 108-458, title VI, Sec. 6603(c)-
(f), Dec. 17, 2004, 118 Stat. 3762, 3763.)
AMENDMENT OF SECTION
For termination of amendment by section 6603(g) of Pub. L. 108-
458, see Termination Date of 2004 Amendment note below.
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 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.
AMENDMENTS
2004 - Subsec. (a)(1). Pub. L. 108-458, Sec. 6603(c), (g),
temporarily 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)." See Termination
Date of 2004 Amendment note below.
Subsec. (d). Pub. L. 108-458, Sec. 6603(d), (g), temporarily
designated existing provisions as par. (2), inserted par. (2)
heading, and added par. (1). See Termination Date of 2004 Amendment
note below.
Subsec. (g)(4). Pub. L. 108-458, Sec. 6603(e), (g), temporarily
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;". See Termination Date of 2004
Amendment note below.
Subsecs. (h) to (j). Pub. L. 108-458, Sec. 6603(f), (g),
temporarily added subsecs. (h) to (j). See Termination Date of 2004
Amendment note below.
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".
TERMINATION DATE OF 2004 AMENDMENT
Amendment by Pub. L. 108-458 to cease to be effective Dec. 31,
2006, with exception for certain offenses that began or occurred
before such date, see section 6603(g) of Pub. L. 108-458, set out
as a note under section 2332b of this title.
FINDINGS AND PURPOSE
Section 301 of title III of Pub. L. 104-132 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.
"(b) Purpose. - The purpose of this subtitle [subtitle A (Secs.
301-303) of title III of Pub. 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."