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8 August 1999
Source:
http://www.access.gpo.gov/su_docs/aces/aaces002.html
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 27, 1998]
[Document not affected by Public Laws enacted between
January 27, 1998 and November 30, 1998]
[CITE: 18USC]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 113B--TERRORISM
Sec.
2331. Definitions.
2332. Criminal penalties.
2332a. Use of weapons of mass destruction.
2332b. Acts of terrorism transcending national boundaries.
2332c. Use of chemical weapons.
2332d. Financial transactions.
2332e. Requests for military assistance to enforce prohibition in
certain emergencies.
2333. Civil remedies.
2334. Jurisdiction and venue.
2335. Limitation of actions.
2336. Other limitations.
2337. Suits against Government officials.
2338. Exclusive Federal jurisdiction.
2339A. Providing material support to terrorists.
2339B. Providing material support or resources to designated
foreign terrorist organizations.
[8USC sections appended by JYA]
8USC1182 Inadmissible aliens (Excerpt on terrorist activities)
8USC1189 Designation of foreign terrorist organizations
Codification
Pub. L. 101-519, Sec. 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, Sec. 402, Apr.
10, 1991, 105 Stat. 155, as amended by Pub. L. 102-136, Sec. 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25, 1991, 105 Stat. 643, repealed section 132 of Pub.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.
Prior Provisions
Another chapter 113B, consisting of sections 2340 to 2340B, was
renumbered chapter 113C.
Amendments
1996--Pub. L. 104-294, title VI, Sec. 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, Sec. 604(b)(5), Oct. 11, 1996, 110 Stat.
3506, amended directory language of Pub. L. 103-322, title XII,
Sec. 120005(b), Sept. 13, 1994, 108 Stat. 2023. See 1994 Amendment note
below.
Pub. L. 104-201, div. A, title XIV, Sec. 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, Secs. 303(b), 321(b), title V,
Sec. 521(c), title VII, Sec. 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, Sec. 120005(b), Sept. 13, 1994,
108 Stat. 2023, as amended by Pub. L. 104-294, title VI, Sec. 604(b)(5),
Oct. 11, 1996, 110 Stat. 3506, added item 2339A.
Pub. L. 103-322, title VI, Sec. 60023(b), title XXV,
Sec. 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, Sec. 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, Sec. 7062, Nov. 18, 1988, 102
Stat. 4404, added item 2331.
[CITE: 18USC2331]
Sec. 2331. Definitions
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
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; and
(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.
(Added Pub. L. 102-572, title X, Sec. 1003(a)(3), Oct. 29, 1992, 106
Stat. 4521.)
References in Text
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.
Prior Provisions
A prior section 2331 was renumbered 2332 of this title.
Effective Date
Section 1003(c) of Pub. L. 102-572 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].''
Section Referred to in Other Sections
This section is referred to in sections 1028, 1425, 1426, 1427,
1541, 1542, 1543, 1544, 1546, 1547 of this title; title 42 section
10602.
[CITE: 18USC2332]
Sec. 2332. Criminal penalties
(a) Homicide.--Whoever kills a national of the United States, while
such national is outside the United States, shall--
(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) Attempt or Conspiracy With Respect to Homicide.--Whoever outside
the United States attempts to kill, or engages in a conspiracy to kill,
a national of the United States shall--
(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) Other Conduct.--Whoever outside the United States engages in
physical violence--
(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) Limitation on Prosecution.--No prosecution for any offense
described in this section shall be undertaken by the United States
except on written certification of the Attorney General or the highest
ranking subordinate of the Attorney General with responsibility for
criminal prosecutions that, in the judgment of the certifying official,
such offense was intended to coerce, intimidate, or retaliate against a
government or a civilian population.
(Added Pub. L. 99-399, title XII, Sec. 1202(a), Aug. 27, 1986, 100 Stat.
896, Sec. 2331; amended Pub. L. 101-519, Sec. 132(b), Nov. 5, 1990, 104
Stat. 2250; Pub. L. 102-27, title IV, Sec. 402, Apr. 10, 1991, 105 Stat.
155; Pub. L. 102-136, Sec. 126, Oct. 25, 1991, 105 Stat. 643; renumbered
Sec. 2332 and amended Pub. L. 102-572, title X, Sec. 1003(a)(1), (2),
Oct. 29, 1992, 106 Stat. 4521; Pub. L. 103-322, title VI, Sec. 60022,
Sept. 13, 1994, 108 Stat. 1980; Pub. L. 104-132, title VII,
Sec. 705(a)(6), Apr. 24, 1996, 110 Stat. 1295.)
Amendments
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: ``Definition.--As used in this section the term `national of
the United States' has the meaning given such term in section 101(a)(22)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''
1991--Pub. L. 102-27, Sec. 402, as amended by Pub. L. 102-136,
Sec. 126, repealed Pub. L. 101-519, Sec. 132, and amended this section
to read as if Pub. L. 101-519, Sec. 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, Sec. 132, which amended this section, was
repealed by Pub. L. 102-27, Sec. 402, as amended. See 1991 Amendment
note above.
Effective Date of 1992 Amendment
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.
Section Referred to in Other Sections
This section is referred to in sections 1956, 2332b, 2333, 2339A,
3286, 3592 of this title.
[CITE: 18USC2332a]
Sec. 2332a. Use of weapons of mass destruction
(a) Offense Against a National of the United States or Within the
United States.--A person who, without lawful authority, uses, threatens,
or attempts or conspires to use, a weapon of mass destruction, including
any biological agent, toxin, or vector (as those terms are defined in
section 178)--
(1) against a national of the United States while such national
is outside of the United States;
(2) 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
(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,
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) Offense by National of the United States Outside of the United
States.--Any national of the United States who, without lawful
authority, uses, or threatens, attempts, or conspires to use, a weapon
of mass destruction outside of the United States shall be imprisoned for
any term of years or for life, and if death results, shall be punished
by death, or by imprisonment for any term of years or for life.
(c) Definitions.--For purposes of this section--
(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)); and
(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 disease organism; or
(D) any weapon that is designed to release radiation or
radioactivity at a level dangerous to human life.
(Added Pub. L. 103-322, title VI, Sec. 60023(a), Sept. 13, 1994, 108
Stat. 1980; amended Pub. L. 104-132, title V, Sec. 511(c), title VII,
Sec. 725, Apr. 24, 1996, 110 Stat. 1284, 1300; Pub. L. 104-294, title
VI, Sec. 605(m), Oct. 11, 1996, 110 Stat. 3510.)
Amendments
1996--Subsec. (a). Pub. L. 104-132, Secs. 511(c), 725(1)(A), (B), in
heading, inserted ``Against a National of the United States or Within
the United States'' after ``Offense'', and in introductory provisions,
substituted ``, without lawful authority, uses, threatens, or attempts''
for ``uses, or attempts'' and inserted ``, including any biological
agent, toxin, or vector (as those terms are defined in section 178)''
after ``mass destruction''.
Subsec. (a)(2). Pub. L. 104-132, Sec. 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, Sec. 725(4), added subsec. (b). Former
subsec. (b) redesignated (c).
Subsec. (b)(2)(B). Pub. L. 104-132, Sec. 725(2), as amended by Pub.
L. 104-294, Sec. 605(m), added subpar. (B) and struck out former subpar.
(B) which read as follows: ``poison gas;''.
Subsec. (c). Pub. L. 104-132, Sec. 725(3), redesignated subsec. (b)
as (c).
Section Referred to in Other Sections
This section is referred to in sections 1956, 2332b, 2339A, 3286,
3592 of this title.
[CITE: 18USC2332b]
Sec. 2332b. Acts of terrorism transcending national boundaries
(a) Prohibited Acts.--
(1) Offenses.--Whoever, involving conduct transcending national
boundaries and in a circumstance described in subsection (b)--
(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) Treatment of threats, attempts and conspiracies.--Whoever
threatens to commit an offense under paragraph (1), or attempts or
conspires to do so, shall be punished under subsection (c).
(b) Jurisdictional Bases.--
(1) Circumstances.--The circumstances referred to in subsection
(a) are--
(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) Co-conspirators and accessories after the fact.--
Jurisdiction shall exist over all principals and co-conspirators of
an offense under this section, and accessories after the fact to any
offense under this section, if at least one of the circumstances
described in subparagraphs (A) through (F) of paragraph (1) is
applicable to at least one offender.
(c) Penalties.--
(1) Penalties.--Whoever violates this section shall be
punished--
(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) Consecutive sentence.--Notwithstanding any other provision
of law, the court shall not place on probation any person convicted
of a violation of this section; nor shall the term of imprisonment
imposed under this section run concurrently with any other term of
imprisonment.
(d) Proof Requirements.--The following shall apply to prosecutions
under this section:
(1) Knowledge.--The prosecution is not required to prove
knowledge by any defendant of a jurisdictional base alleged in the
indictment.
(2) State law.--In a prosecution under this section that is
based upon the adoption of State law, only the elements of the
offense under State law, and not any provisions pertaining to
criminal procedure or evidence, are adopted.
(e) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction--
(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) Investigative Authority.--In addition to any other investigative
authority with respect to violations of this title, the Attorney General
shall have primary investigative responsibility for all Federal crimes
of terrorism, and the Secretary of the Treasury shall assist the
Attorney General at the request of the Attorney General. Nothing in this
section shall be construed to interfere with the authority of the United
States Secret Service under section 3056.
(g) Definitions.--As used in this section--
(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);
(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
(relating to biological weapons), 351 (relating to
congressional, cabinet, and Supreme Court assassination,
kidnapping, and assault), 831 (relating to nuclear
materials), 842(m) or (n) (relating to plastic explosives),
844(e) (relating to certain bombings), 844(f) or (i)
(relating to arson and bombing of certain property), 930(c),
956 (relating to conspiracy to injure property of a foreign
government), 1114 (relating to protection 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 injury of 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
(relating to destruction of an energy facility), 1751
(relating to Presidential and Presidential staff
assassination, kidnapping, and assault), 1992, 2152
(relating to injury of fortifications, harbor defenses, or
defensive sea areas), 2155 (relating to destruction of
national defense materials, premises, or utilities), 2156
(relating to production of defective national defense
materials, premises, or utilities), 2280 (relating to
violence against maritime navigation), 2281 (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), 2332c, 2339A (relating to providing material
support to terrorists), 2339B (relating to providing
material support to terrorist organizations), or 2340A
(relating to torture);
(ii) section 236 (relating to sabotage of nuclear
facilities or fuel) of the Atomic Energy Act of 1954 (42
U.S.C. 2284); or
(iii) section 46502 (relating to aircraft piracy) or
section 60123(b) (relating to destruction of interstate gas
or hazardous liquid pipeline facility) of title 49.
(Added Pub. L. 104-132, title VII, Sec. 702(a), Apr. 24, 1996, 110 Stat.
1291; amended Pub. L. 104-294, title VI, Sec. 601(s)(1), (3), Oct. 11,
1996, 110 Stat. 3502.)
Amendments
1996--Subsec. (b)(1)(A). Pub. L. 104-294, Sec. 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, Sec. 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)''.
Section Referred to in Other Sections
This section is referred to in sections 1956, 2339A, 3142, 3286 of
this title.
[CITE: 18USC2332c]
Sec. 2332c. Use of chemical weapons
(a) Prohibited Acts.--
(1) Offense.--A person shall be punished under paragraph (2) if
that person, without lawful authority, uses, or attempts or
conspires to use, a chemical weapon against--
(A) a national of the United States while such national is
outside of the United States;
(B) any person within the United States; or
(C) 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.
(2) Penalties.--A person who violates paragraph (1)--
(A) shall be imprisoned for any term of years or for life;
or
(B) if death results from that violation, shall be punished
by death or imprisoned for any term of years or for life.
(b) Definitions.--As used in this section--
(1) the term ``national of the United States'' has the same
meaning as in section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22)); and
(2) the term ``chemical weapon'' means any weapon that is
designed or intended to cause widespread death or serious bodily
injury through the release, dissemination, or impact of toxic or
poisonous chemicals or precursors of toxic or poisonous chemicals.
(Added Pub. L. 104-132, title V, Sec. 521(a), Apr. 24, 1996, 110 Stat.
1286.)
Section Referred to in Other Sections
This section is referred to in sections 2332b, 2332e, 2339A of this
title; title 10 section 382.
[CITE: 18USC2332d]
Sec. 2332d. Financial transactions
(a) Offense.--Except as provided in regulations issued by the
Secretary of the Treasury, in consultation with the Secretary of State,
whoever, being a United States person, knowing or having reasonable
cause to know that a country is designated under section 6(j) of the
Export Administration Act (50 U.S.C. App. 2405) as a country supporting
international terrorism, engages in a financial transaction with the
government of that country, shall be fined under this title, imprisoned
for not more than 10 years, or both.
(b) Definitions.--As used in this section--
(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, Sec. 321(a), Apr. 24, 1996, 110 Stat.
1254.)
Codification
Another section 2332d was renumbered section 2332e of this title.
Effective Date
Section 321(c) of Pub. L. 104-132 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].''
[CITE: 18USC2332e]
Sec. 2332e. Requests for military assistance to enforce
prohibition in certain emergencies
The Attorney General may request the Secretary of Defense to provide
assistance under section 382 of title 10 in support of Department of
Justice activities relating to the enforcement of section 2332c of this
title during an emergency situation involving a chemical 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.
(Added Pub. L. 104-201, title XIV, Sec. 1416(c)(2)(A), Sept. 23, 1996,
110 Stat. 2723, Sec. 2332d; renumbered Sec. 2332e, Pub. L. 104-294,
title VI, Sec. 605(q), Oct. 11, 1996, 110 Stat. 3510.)
Codification
Pub. L. 104-201, Sec. 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.
Amendments
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.
[CITE: 18USC2333]
Sec. 2333. Civil remedies
(a) Action and Jurisdiction.--Any national of the United States
injured in his or her person, property, or business by reason of an act
of international terrorism, or his or her estate, survivors, or heirs,
may sue therefor in any appropriate district court of the United States
and shall recover threefold the damages he or she sustains and the cost
of the suit, including attorney's fees.
(b) Estoppel Under United States Law.--A final judgment or decree
rendered in favor of the United States in any criminal proceeding under
section 1116, 1201, 1203, or 2332 of this title or section 46314, 46502,
46505, or 46506 of title 49 shall estop the defendant from denying the
essential allegations of the criminal offense in any subsequent civil
proceeding under this section.
(c) Estoppel Under Foreign Law.--A final judgment or decree rendered
in favor of any foreign state in any criminal proceeding shall, to the
extent that such judgment or decree may be accorded full faith and
credit under the law of the United States, estop the defendant from
denying the essential allegations of the criminal offense in any
subsequent civil proceeding under this section.
(Added Pub. L. 102-572, title X, Sec. 1003(a)(4), Oct. 29, 1992, 106
Stat. 4522; amended Pub. L. 103-429, Sec. 2(1), Oct. 31, 1994, 108 Stat.
4377.)
Amendments
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))''.
Effective Date
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.
Section Referred to in Other Sections
This section is referred to in sections 2334, 2335, 2336, 2337 of
this title.
[CITE: 18USC2334]
Sec. 2334. Jurisdiction and venue
(a) General Venue.--Any civil action under section 2333 of this
title against any person may be instituted in the district court of the
United States for any district where any plaintiff resides or where any
defendant resides or is served, or has an agent. Process in such a civil
action may be served in any district where the defendant resides, is
found, or has an agent.
(b) Special Maritime or Territorial Jurisdiction.--If the actions
giving rise to the claim occurred within the special maritime and
territorial jurisdiction of the United States, as defined in section 7
of this title, then any civil action under section 2333 of this title
against any person may be instituted in the district court of the United
States for any district in which any plaintiff resides or the defendant
resides, is served, or has an agent.
(c) Service on Witnesses.--A witness in a civil action brought under
section 2333 of this title may be served in any other district where the
defendant resides, is found, or has an agent.
(d) Convenience of the Forum.--The district court shall not dismiss
any action brought under section 2333 of this title on the grounds of
the inconvenience or inappropriateness of the forum chosen, unless--
(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.
(Added Pub. L. 102-572, title X, Sec. 1003(a)(4), Oct. 29, 1992, 106
Stat. 4522.)
Effective Date
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.
[CITE: 18USC2335]
Sec. 2335. Limitation of actions
(a) In General.--Subject to subsection (b), a suit for recovery of
damages under section 2333 of this title shall not be maintained unless
commenced within 4 years after the date the cause of action accrued.
(b) Calculation of Period.--The time of the absence of the defendant
from the United States or from any jurisdiction in which the same or a
similar action arising from the same facts may be maintained by the
plaintiff, or of any concealment of the defendant's whereabouts, shall
not be included in the 4-year period set forth in subsection (a).
(Added Pub. L. 102-572, title X, Sec. 1003(a)(4), Oct. 29, 1992, 106
Stat. 4523.)
Effective Date
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.
[CITE: 18USC2336]
Sec. 2336. Other limitations
(a) Acts of War.--No action shall be maintained under section 2333
of this title for injury or loss by reason of an act of war.
(b) Limitation on Discovery.--If a party to an action under section
2333 seeks to discover the investigative files of the Department of
Justice, the Assistant Attorney General, Deputy Attorney General, or
Attorney General may object on the ground that compliance will interfere
with a criminal investigation or prosecution of the incident, or a
national security operation related to the incident, which is the
subject of the civil litigation. The court shall evaluate any such
objections in camera and shall stay the discovery if the court finds
that granting the discovery request will substantially interfere with a
criminal investigation or prosecution of the incident or a national
security operation related to the incident. The court shall consider the
likelihood of criminal prosecution by the Government and other factors
it deems to be appropriate. A stay of discovery under this subsection
shall constitute a bar to the granting of a motion to dismiss under
rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure. If the
court grants a stay of discovery under this subsection, it may stay the
action in the interests of justice.
(c) Stay of Action for Civil Remedies.--(1) The Attorney General may
intervene in any civil action brought under section 2333 for the purpose
of seeking a stay of the civil action. A stay shall be granted if the
court finds that the continuation of the civil action will substantially
interfere with a criminal prosecution which involves the same subject
matter and in which an indictment has been returned, or interfere with
national security operations related to the terrorist incident that is
the subject of the civil action. A stay may be granted for up to 6
months. The Attorney General may petition the court for an extension of
the stay for additional 6-month periods until the criminal prosecution
is completed or dismissed.
(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, Sec. 1003(a)(4), Oct. 29, 1992, 106
Stat. 4523.)
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (b),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
Effective Date
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.
[CITE: 18USC2337]
Sec. 2337. Suits against Government officials
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, Sec. 1003(a)(4), Oct. 29, 1992, 106
Stat. 4523.)
Effective Date
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.
[CITE: 18USC2338]
Sec. 2338. Exclusive Federal jurisdiction
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, Sec. 1003(a)(4), Oct. 29, 1992, 106
Stat. 4524.)
Effective Date
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.
[CITE: 18USC2339A]
Sec. 2339A.1 Providing material support to terrorists
---------------------------------------------------------------------------
1 So in original. No section 2339 has been enacted.
---------------------------------------------------------------------------
(a) Offense.--Whoever, within the United States, provides material
support or resources or conceals or disguises the nature, location,
source, or ownership of material support or resources, knowing or
intending that they are to be used in preparation for, or in carrying
out, a violation of section 32, 37, 81, 175, 351, 831, 842(m) or (n),
844(f) or (i), 930(c), 956, 1114, 1116, 1203, 1361, 1362, 1363, 1366,
1751, 1992, 2155, 2156, 2280, 2281, 2332, 2332a, 2332b, 2332c, or 2340A
of this title or section 46502 of title 49, or in preparation for, or in
carrying out, the concealment or an escape from the commission of any
such violation, shall be fined under this title, imprisoned not more
than 10 years, or both.
(b) Definition.--In this section, the term ``material support or
resources'' means currency or other financial securities, financial
services, lodging, training, safehouses, false documentation or
identification, communications equipment, facilities, weapons, lethal
substances, explosives, personnel, transportation, and other physical
assets, except medicine or religious materials.
(Added Pub. L. 103-322, title XII, Sec. 120005(a), Sept. 13, 1994, 108
Stat. 2022; amended Pub. L. 104-132, title III, Sec. 323, Apr. 24, 1996,
110 Stat. 1255; Pub. L. 104-294, title VI, Secs. 601(b)(2), (s)(2), (3),
604(b)(5), Oct. 11, 1996, 110 Stat. 3498, 3502, 3506.)
Amendments
1996--Pub. L. 104-294, Sec. 604(b)(5), amended directory language of
Pub. L. 103-322, Sec. 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, Sec. 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, Sec. 601(b)(2), which directed
substitution of ``2332'' for ``2331'', ``2332a'' for ``2339'', ``37''
for ``36'', and ``or an escape'' for ``of an escape'', could not be
executed because the provisions for which the substitutions were to be
made did not appear in text subsequent to the general amendment by Pub.
L. 104-132. See above.
Effective Date of 1996 Amendment
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.
Section Referred to in Other Sections
This section is referred to in sections 1956, 2332b, 2339B of this
title; title 28 section 1605.
[CITE: 18USC2339B]
Sec. 2339B. Providing material support or resources to
designated foreign terrorist organizations
(a) Prohibited Activities.--
(1) Unlawful conduct.--Whoever, within the United States or
subject to the jurisdiction of the United States, knowingly provides
material support or resources to a foreign terrorist organization,
or attempts or conspires to do so, shall be fined under this title
or imprisoned not more than 10 years, or both.
(2) Financial institutions.--Except as authorized by the
Secretary, any financial institution that becomes aware that it has
possession of, or control over, any funds in which a foreign
terrorist organization, or its agent, has an interest, shall--
(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) Civil Penalty.--Any financial institution that knowingly fails
to comply with subsection (a)(2) shall be subject to a civil penalty in
an amount that is the greater of--
(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) Injunction.--Whenever it appears to the Secretary or the
Attorney General that any person is engaged in, or is about to engage
in, any act that constitutes, or would constitute, a violation of this
section, the Attorney General may initiate civil action in a district
court of the United States to enjoin such violation.
(d) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section.
(e) Investigations.--
(1) In general.--The Attorney General shall conduct any
investigation of a possible violation of this section, or of any
license, order, or regulation issued pursuant to this section.
(2) Coordination with the department of the treasury.--The
Attorney General shall work in coordination with the Secretary in
investigations relating to--
(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) Referral.--Any evidence of a criminal violation of this
section arising in the course of an investigation by the Secretary
or any other Federal agency shall be referred immediately to the
Attorney General for further investigation. The Attorney General
shall timely notify the Secretary of any action taken on referrals
from the Secretary, and may refer investigations to the Secretary
for remedial licensing or civil penalty action.
(f) Classified Information in Civil Proceedings Brought by the
United States.--
(1) Discovery of classified information by defendants.--
(A) Request by united states.--In any civil proceeding under
this section, upon request made ex parte and in writing by the
United States, a court, upon a sufficient showing, may authorize
the United States to--
(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) Order granting request.--If the court enters an order
granting a request under this paragraph, the entire text of the
documents to which the request relates shall be sealed and
preserved in the records of the court to be made available to
the appellate court in the event of an appeal.
(C) Denial of request.--If the court enters an order denying
a request of the United States under this paragraph, the United
States may take an immediate, interlocutory appeal in accordance
with paragraph (5). For purposes of such an appeal, the entire
text of the documents to which the request relates, together
with any transcripts of arguments made ex parte to the court in
connection therewith, shall be maintained under seal and
delivered to the appellate court.
(2) Introduction of classified information; precautions by
court.--
(A) Exhibits.--To prevent unnecessary or inadvertent
disclosure of classified information in a civil proceeding
brought by the United States under this section, the United
States may petition the court ex parte to admit, in lieu of
classified writings, recordings, or photographs, one or more of
the following:
(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) Determination by court.--The court shall grant a request
under this paragraph if the court finds that the redacted item,
stipulation, or summary is sufficient to allow the defendant to
prepare a defense.
(3) Taking of trial testimony.--
(A) Objection.--During the examination of a witness in any
civil proceeding brought by the United States under this
subsection, the United States may object to any question or line
of inquiry that may require the witness to disclose classified
information not previously found to be admissible.
(B) Action by court.--In determining whether a response is
admissible, the court shall take precautions to guard against
the compromise of any classified information, including--
(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) Obligation of defendant.--In any civil proceeding under
this section, it shall be the defendant's obligation to
establish the relevance and materiality of any classified
information sought to be introduced.
(4) Appeal.--If the court enters an order denying a request of
the United States under this subsection, the United States may take
an immediate interlocutory appeal in accordance with paragraph (5).
(5) Interlocutory appeal.--
(A) Subject of appeal.--An interlocutory appeal by the
United States shall lie to a court of appeals from a decision or
order of a district court--
(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) Expedited consideration.--
(i) In general.--An appeal taken pursuant to this
paragraph, either before or during trial, shall be expedited
by the court of appeals.
(ii) Appeals prior to trial.--If an appeal is of an
order made prior to trial, an appeal shall be taken not
later than 10 days after the decision or order appealed
from, and the trial shall not commence until the appeal is
resolved.
(iii) Appeals during trial.--If an appeal is taken
during trial, the trial court shall adjourn the trial until
the appeal is resolved, and the court of appeals--
(I) shall hear argument on such appeal not later
than 4 days after the adjournment of the trial;
(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; and
(IV) may dispense with the issuance of a written
opinion in rendering its decision.
(C) Effect of ruling.--An interlocutory appeal and decision
shall not affect the right of the defendant, in a subsequent
appeal from a final judgment, to claim as error reversal by the
trial court on remand of a ruling appealed from during trial.
(6) Construction.--Nothing in this subsection shall prevent the
United States from seeking protective orders or asserting privileges
ordinarily available to the United States to protect against the
disclosure of classified information, including the invocation of
the military and State secrets privilege.
(g) Definitions.--As used in this section--
(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 as in section 2339A;
(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.
(Added Pub. L. 104-132, title III, Sec. 303(a), Apr. 24, 1996, 110 Stat.
1250.)
References in Text
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.
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.''
Section Referred to in Other Sections
This section is referred to in section 2332b of this title; title 8
section 1189.
[CITE: 8USC1182]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER II--IMMIGRATION
Part II--Admission Qualifications for Aliens; Travel Control of Citizens
and Aliens
Sec. 1182. Inadmissible aliens [Excerpt on terrorist activities]
(a) Classes of aliens ineligible for visas or admission
Except as otherwise provided in this chapter, aliens who are
inadmissible under the following paragraphs are ineligible to receive
visas and ineligible to be admitted to the United States:
[Snip]
(3) Security and related grounds
(A) In general
Any alien who a consular officer or the Attorney General
knows, or has reasonable ground to believe, seeks to enter the
United States to engage solely, principally, or incidentally
in--
(i) any activity (I) to violate any law of the United
States relating to espionage or sabotage or (II) to violate
or evade any law prohibiting the export from the United
States of goods, technology, or sensitive information,
(ii) any other unlawful activity, or
(iii) any activity a purpose of which is the opposition
to, or the control or overthrow of, the Government of the
United States by force, violence, or other unlawful means,
is inadmissible.
(B) Terrorist activities
(i) In general
Any alien who--
(I) has engaged in a terrorist activity,
(II) a consular officer or the Attorney General
knows, or has reasonable ground to believe, is engaged
in or is likely to engage after entry in any terrorist
activity (as defined in clause (iii)),
(III) has, under circumstances indicating an
intention to cause death or serious bodily harm, incited
terrorist activity,
(IV) is a representative (as defined in clause (iv))
of a foreign terrorist organization, as designated by
the Secretary under section 1189 of this title, or
(V) is a member of a foreign terrorist organization,
as designated by the Secretary under section 1189 of
this title, which the alien knows or should have known
is a terrorist organization 1
---------------------------------------------------------------------------
1 So in original. Probably should be followed by a comma.
is inadmissible. An alien who is an officer, official,
representative, or spokesman of the Palestine Liberation
Organization is considered, for purposes of this chapter, to
be engaged in a terrorist activity.
(ii) ``Terrorist activity'' defined
As used in this chapter, the term ``terrorist activity''
means any activity which is unlawful under the laws of the
place where it is committed (or which, if committed in the
United States, would be unlawful under the laws of the
United States or any State) and which involves any of the
following:
(I) The highjacking or sabotage of any conveyance
(including an aircraft, vessel, or vehicle).
(II) The seizing or detaining, and threatening to
kill, injure, or continue to detain, another individual
in order to compel a third person (including a
governmental organization) to do or abstain from doing
any act as an explicit or implicit condition for the
release of the individual seized or detained.
(III) A violent attack upon an internationally
protected person (as defined in section 1116(b)(4) of
title 18) or upon the liberty of such a person.
(IV) An assassination.
(V) The use of any--
(a) biological agent, chemical agent, or nuclear
weapon or device, or
(b) explosive or firearm (other than for mere
personal monetary gain),
with intent to endanger, directly or indirectly, the safety
of one or more individuals or to cause substantial
damage to property.
(VI) A threat, attempt, or conspiracy to do any of
the foregoing.
(iii) ``Engage in terrorist activity'' defined
As used in this chapter, the term ``engage in terrorist
activity'' means to commit, in an individual capacity or as
a member of an organization, an act of terrorist activity or
an act which the actor knows, or reasonably should know,
affords material support to any individual, organization, or
government in conducting a terrorist activity at any time,
including any of the following acts:
(I) The preparation or planning of a terrorist
activity.
(II) The gathering of information on potential
targets for terrorist activity.
(III) The providing of any type of material support,
including a safe house, transportation, communications,
funds, false documentation or identification, weapons,
explosives, or training, to any individual the actor
knows or has reason to believe has committed or plans to
commit a terrorist activity.
(IV) The soliciting of funds or other things of
value for terrorist activity or for any terrorist
organization.
(V) The solicitation of any individual for
membership in a terrorist organization, terrorist
government, or to engage in a terrorist activity.
(iv) ``Representative'' defined
As used in this paragraph, the term ``representative''
includes an officer, official, or spokesman of an
organization, and any person who directs, counsels,
commands, or induces an organization or its members to
engage in terrorist activity.
References
[Applicable excerpts]
Amendments
Pub. L. 104-208, Sec. 308(d)(1)(B), substituted ``aliens ineligible
for visas or admission'' for ``excludable aliens'' in heading and
substituted ``Except as otherwise provided in this chapter, aliens who
are inadmissible under the following paragraphs are ineligible to
receive visas and ineligible to be admitted to the United States:'' for
``Except as otherwise provided in this chapter, the following describes
classes of excludable aliens who are ineligible to receive visas and who
shall be excluded from admission into the United States:'' in
introductory provisions.
[Snip]
Subsec. (a)(3)(B)(i)(I). Pub. L. 104-132, Sec. 411(1)(A), struck out
``or'' at end.
Subsec. (a)(3)(B)(i)(II). Pub. L. 104-132, Sec. 411(1)(B), inserted
``is engaged in or'' after ``ground to believe,''.
Subsec. (a)(3)(B)(i)(III). Pub. L. 104-208, Sec. 342(a)(2), added
subcl. (III). Former subcl. (III) redesignated (IV).
Pub. L. 104-132, Sec. 411(1)(C), added subcl. (III).
Subsec. (a)(3)(B)(i)(IV). Pub. L. 104-208, Sec. 355, inserted
``which the alien knows or should have known is a terrorist
organization'' after ``1189 of this title,''.
[Snip]
Pub. L. 104-132, Sec. 411(1)(C), added subcl. (IV).
Subsec. (a)(3)(B)(i)(V). Pub. L. 104-208, Sec. 342(a)(1),
redesignated subcl. (IV) as (V).
Subsec. (a)(3)(B)(iii)(III). Pub. L. 104-208, Sec. 342(a)(3),
inserted ``documentation or'' before ``identification''.
Subsec. (a)(3)(B)(iv). Pub. L. 104-132, Sec. 411(2), added cl. (iv).
[Snip]
1991--Subsec. (a)(1)(A)(ii)(II). Pub. L. 102-232, Sec. 307(a)(1),
inserted ``or'' at end.
Subsec. (a)(3)(A)(i). Pub. L. 102-232, Sec. 307(a)(2), inserted
``(I)'' after ``any activity'' and ``(II)'' after ``sabotage or''.
Subsec. (a)(3)(B)(iii)(III). Pub. L. 102-232, Sec. 307(a)(3),
substituted ``a terrorist activity'' for ``an act of terrorist
activity''.
[CITE: 8USC1189]
Sec. 1189. Designation of foreign terrorist organizations
(a) Designation
(1) In general
The Secretary is authorized to designate an organization as a
foreign terrorist organization in accordance with this subsection if
the Secretary finds that--
(A) the organization is a foreign organization;
(B) the organization engages in terrorist activity (as
defined in section 1182(a)(3)(B) of this title); and
(C) the terrorist activity of the organization threatens the
security of United States nationals or the national security of
the United States.
(2) Procedure
(A) Notice
Seven days before making a designation under this
subsection, the Secretary shall, by classified communication--
(i) notify the Speaker and Minority Leader of the House
of Representatives, the President pro tempore, Majority
Leader, and Minority Leader of the Senate, and the members
of the relevant committees, in writing, of the intent to
designate a foreign organization under this subsection,
together with the findings made under paragraph (1) with
respect to that organization, and the factual basis
therefor; and
(ii) seven days after such notification, publish the
designation in the Federal Register.
(B) Effect of designation
(i) For purposes of section 2339B of title 18, a designation
under this subsection shall take effect upon publication under
subparagraph (A).
(ii) Any designation under this subsection shall cease to
have effect upon an Act of Congress disapproving such
designation.
(C) Freezing of assets
Upon notification under paragraph (2), the Secretary of the
Treasury may require United States financial institutions
possessing or controlling any assets of any foreign organization
included in the notification to block all financial transactions
involving those assets until further directive from either the
Secretary of the Treasury, Act of Congress, or order of court.
(3) Record
(A) In general
In making a designation under this subsection, the Secretary
shall create an administrative record.
(B) Classified information
The Secretary may consider classified information in making
a designation under this subsection. Classified information
shall not be subject to disclosure for such time as it remains
classified, except that such information may be disclosed to a
court ex parte and in camera for purposes of judicial review
under subsection (c) of this section.
(4) Period of designation
(A) In general
Subject to paragraphs (5) and (6), a designation under this
subsection shall be effective for all purposes for a period of 2
years beginning on the effective date of the designation under
paragraph (2)(B).
(B) Redesignation
The Secretary may redesignate a foreign organization as a
foreign terrorist organization for an additional 2-year period
at the end of the 2-year period referred to in subparagraph (A)
(but not sooner than 60 days prior to the termination of such
period) upon a finding that the relevant circumstances described
in paragraph (1) still exist. The procedural requirements of
paragraphs (2) and (3) shall apply to a redesignation under this
subparagraph.
(5) Revocation by Act of Congress
The Congress, by an Act of Congress, may block or revoke a
designation made under paragraph (1).
(6) Revocation based on change in circumstances
(A) In general
The Secretary may revoke a designation made under paragraph
(1) if the Secretary finds that--
(i) the circumstances that were the basis for the
designation have changed in such a manner as to warrant
revocation of the designation; or
(ii) the national security of the United States warrants
a revocation of the designation.
(B) Procedure
The procedural requirements of paragraphs (2) through (4)
shall apply to a revocation under this paragraph.
(7) Effect of revocation
The revocation of a designation under paragraph (5) or (6) shall
not affect any action or proceeding based on conduct committed prior
to the effective date of such revocation.
(8) Use of designation in trial or hearing
If a designation under this subsection has become effective
under paragraph (1)(B), a defendant in a criminal action shall not
be permitted to raise any question concerning the validity of the
issuance of such designation as a defense or an objection at any
trial or hearing.
(b) Judicial review of designation
(1) In general
Not later than 30 days after publication of the designation in
the Federal Register, an organization designated as a foreign
terrorist organization may seek judicial review of the designation
in the United States Court of Appeals for the District of Columbia
Circuit.
(2) Basis of review
Review under this subsection shall be based solely upon the
administrative record, except that the Government may submit, for ex
parte and in camera review, classified information used in making
the designation.
(3) Scope of review
The Court shall hold unlawful and set aside a designation the
court finds to be--
(A) arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law;
(B) contrary to constitutional right, power, privilege, or
immunity;
(C) in excess of statutory jurisdiction, authority, or
limitation, or short of statutory right;
(D) lacking substantial support in the administrative record
taken as a whole or in classified information submitted to the
court under paragraph (2),1 or
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1 So in original. The comma probably should be a semicolon.
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(E) not in accord with the procedures required by law.
(4) Judicial review invoked
The pendency of an action for judicial review of a designation
shall not affect the application of this section, unless the court
issues a final order setting aside the designation.
(c) Definitions
As used in this section--
(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 ``national security'' means the national defense,
foreign relations, or economic interests of the United States;
(3) the term ``relevant committees'' means the Committees on the
Judiciary, Intelligence, and Foreign Relations of the Senate and the
Committees on the Judiciary, Intelligence, and International
Relations of the House of Representatives; and
(4) the term ``Secretary'' means the Secretary of State, in
consultation with the Secretary of the Treasury and the Attorney
General.
(June 27, 1952, ch. 477, title II, ch. 2, Sec. 219, as added Apr. 24,
1996, Pub. L. 104-132, title III, Sec. 302(a), 110 Stat. 1248; amended
Sept. 30, 1996, Pub. L. 104-208, div. C, title III, Sec. 356, title VI,
Sec. 671(c)(1), 110 Stat. 3009-644, 3009-722.)
References in Text
Section 1(a) of the Classified Information Procedures Act, referred
to in subsec. (c)(1), is section 1(a) of Pub. L. 96-456, which is set
out in the Appendix to Title 18, Crimes and Criminal Procedure.
Amendments
1996--Pub. L. 104-208, Sec. 671(c)(1), made technical amendment to
section catchline.
Subsec. (b)(3)(D), (E). Pub. L. 104-208, Sec. 356, added subpars.
(D) and (E).
Effective Date of 1996 Amendment
Amendment by section 356 of Pub. L. 104-208 effective as if included
in the enactment of subtitle A of title IV of the Antiterrorism and
Effective Death Penalty Act of 1996, Pub. L. 104-132, see section 358 of
Pub. L. 104-208, set out as a note under section 1182 of this title.
Section 671(c)(7) of div. C of Pub. L. 104-208 provided that: ``The
amendments made by this subsection [amending this section and sections
1105a and 1252a of this title] shall take effect as if included in the
enactment of subtitle A of title IV of AEPDA [Pub. L. 104-132].''
Section Referred to in Other Sections
This section is referred to in section 1182 of this title; title 18
section 2339B.