§ 2339A. Providing material support to terrorists

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 title XII § 120005(a) · 108 Stat. 1796

   Enacted · 18 U.S.C. § 2339A

   Added Pub. L. 103–322, title XII, § 120005(a), Sept. 13, 1994, 108 Stat. 2022

   Source evidence

   Code source credit
   Added Pub. L. 103–322, title XII, § 120005(a), Sept. 13, 1994, 108 Stat. 2022

   Enacted provision · exact public law section
   (a) Offense.— Chapter 113A of title 18, United States Code, is amended by adding the following new section: “§2339A. Providing material support to terrorists “(a) Definition.— In this section, ‘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, but does not include humanitarian assistance to persons not directly involved in such violations. “(b) Offense.— A person who, 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, 36, 351, 844 (f) or (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2331, or 2339 of this title or section 46502 of title 49, or in preparation for or carrying out the concealment of an escape from the commission of any such violation, shall be fined under this title, imprisoned not more than 10 years, or both. “(c) Investigations.— “(1) In general.— Within the United States, an investigation may be initiated or continued under this section only when facts reasonably indicate that— “(A) in the case of an individual, the individual knowingly or intentionally engages, has engaged, or is about to engage in the violation of this or any other Federal criminal law; and “(B) in the case of a group of individuals, the group knowingly or intentionally engages, has engaged, or is about to engage in the violation of this or any other Federal criminal law. “(2) Activities protected by the first amendment.— An investigation may not be initiated or continued under this section based on activities protected by the First Amendment to the Constitution, including expressions of support or the provision of financial support for the nonviolent political, religious, philosophical, or ideological goals or beliefs of any person or group.”.

2. 1996

   Pub. L. 104–132 title III § 323 · 110 Stat. 1214

   1. Amended · 18 U.S.C. § 2339A

      Pub. L. 104–132 amended section generally, reenacting section catchline without change

   2. Redesignated · 18 U.S.C. § 2339A

      Pub. L. 104–132 redesignating provisions which detailed what constitutes offense, formerly contained in subsec. (b), as subsec. (a)

   3. Inserted · 18 U.S.C. § 2339A

      Pub. L. 104–132 inserting references to sections 37, 81, 175, 831, 842, 956, 1362, 1366, 2155, 2156, 2332, 2332a, 2332b, and 2340A of this title

   4. Struck · 18 U.S.C. § 2339A

      Pub. L. 104–132 striking out references to sections 36, 2331, and 2339 of this title

   5. Redesignated · 18 U.S.C. § 2339A

      Pub. L. 104–132 redesignating provisions which define “material support or resource”, formerly contained in subsec. (a), as subsec. (b)

   6. Substituted · 18 U.S.C. § 2339A

      Pub. L. 104–132 substituting provisions excepting medicine or religious materials from definition for provisions excepting humanitarian assistance to persons not directly involved in violations

   7. Struck · 18 U.S.C. § 2339A

      Pub. L. 104–132 struck out subsec. (c) which authorized investigations into possible violations, except activities involving First Amendment rights

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   SEC. 323. MODIFICATION OF MATERIAL SUPPORT PROVISION. Section 2339A of title 18, United States Code, is amended to read as follows: “§ 2339A. Providing material support to terrorists “(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), 956, 1114, 1116, 1203, 1361, 1362,1363, 1366, 1751, 2155, 2156, 2280, 2281, 2332, 2332a, 2332b, or 2340A of this title or section 46502 of title 49, or in preparation for, or in carrying out, the concealment 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.”.

3. 1996

   Economic Espionage Act of 1996

   Pub. L. 104–294 § 604(b)(5) · 110 Stat. 3488

   Amended · 18 U.S.C. § 2339A

   Pub. L. 104–294, § 604(b)(5), amended directory language of Pub. L. 103–322, § 120005(a), which enacted this section

   Source evidence

   Code amendment note
   Pub. L. 104–294, § 604(b)(5), amended directory language of Pub. L. 103–322, § 120005(a), which enacted this section.

   Enacted provision · exact public law section
   (5) Subsections (a) and (b) of section 120005 of Public 18 USC 2339A. Law 103–322 are each amended by inserting “at the end” after “adding”.

4. 1996

   Economic Espionage Act of 1996

   Pub. L. 104–294 § 601(s)(2) · 110 Stat. 3488

   Inserted · 18 U.S.C. § 2339A(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (2) Providing material support.— Section 2339A(a) of title 18, United States Code, is amended by inserting “or an escape” after “concealment”.

5. 1996

   Economic Espionage Act of 1996

   Pub. L. 104–294 § 601(b)(2) · 110 Stat. 3488

   Repealed · 18 U.S.C. § 2339A(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (2) Section 2339A(b) of title 18, United States Code, is amended— (A) by striking “2331” and inserting “2332”; (B) by striking “2339” and inserting “2332a”; (C) by striking “36” and inserting “37”; and (D) by striking “of an escape” and inserting “or an escape”.

6. 2001

   Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

   Pub. L. 107–56 § 811(f) · 115 Stat. 272

   Inserted · 18 U.S.C. § 2339A(a)

   Pub. L. 107–56, § 811(f), inserted “or attempts or conspires to do such an act,” before “shall be fined”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 107–56, § 811(f), inserted “or attempts or conspires to do such an act,” before “shall be fined”.

   Enacted provision · exact public law section
   (f) Material Support to Terrorists.— Section 2339A of title 18, United States Code, is amended by inserting “or attempts or conspires to do such an act,” before “shall be fined”.

7. 2001

   Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

   Pub. L. 107–56 § 810(c)(1) · 115 Stat. 272

   Substituted · 18 U.S.C. § 2339A(a)

   Pub. L. 107–56, § 810(c)(1), substituted “15 years” for “10 years”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 107–56, § 810(c)(1), substituted “15 years” for “10 years”.

   Enacted provision · exact public law section
   (1) by striking “10” and inserting “15”; and

8. 2001

   Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

   Pub. L. 107–56 § 810(c)(2) · 115 Stat. 272

   Substituted · 18 U.S.C. § 2339A(a)

   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

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (2) by striking the period and inserting “, and, if the death of any person results, shall be imprisoned for any term of years or for life.”.

9. 2001

   Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

   Pub. L. 107–56 § 805(a)(1)(F) · 115 Stat. 272

   Inserted · 18 U.S.C. § 2339A(a)

   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.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (F) by inserting at the end the following: “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.”; and

10. 2001

    Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

    Pub. L. 107–56 title VIII · 115 Stat. 272

    1. Struck · 18 U.S.C. § 2339A(a)

       Pub. L. 107–56, §§ 805(a)(1)(A)–(E), struck out “, within the United States,” after “Whoever”

    2. Inserted · 18 U.S.C. § 2339A(a)

       Pub. L. 107–56, §§ 805(a)(1)(A)–(E), 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”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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”.

11. 2001

    Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

    Pub. L. 107–56 § 805(a)(2) · 115 Stat. 272

    1. Substituted · 18 U.S.C. § 2339A(b)

       Pub. L. 107–56, § 805(a)(2), substituted “or monetary instruments or financial securities” for “or other financial securities”

    2. Inserted · 18 U.S.C. § 2339A(b)

       Pub. L. 107–56, § 805(a)(2), inserted “expert advice or assistance,” after “training,”

    Source evidence

    Code amendment note
    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,”.

    Enacted provision · exact public law section
    (2) in subsection (b)— (A) by striking “or other financial securities” and inserting “or monetary instruments or financial securities”; and (B) by inserting “expert advice or assistance,” after “training,”.

12. 2002

    Pub. L. 107–197 title III § 301(c) · 116 Stat. 721

    Inserted · 18 U.S.C. § 2339A(a)

    Pub. L. 107–197 inserted “2332f,” before “or 2340A”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 107–197 inserted “2332f,” before “or 2340A”.

    Enacted provision · exact public law section
    (c) Providing Material Support to Terrorists Predicate.— Section 2339A of title 18, United States Code, is amended by inserting “2332f,” before “or 2340A”.

13. 2002

    Criminal Law Technical Amendments Act of 2002

    Pub. L. 107–273 § 4002(a)(7) · 116 Stat. 1758

    1. Struck · 18 U.S.C. § 2339A(a)

       Pub. L. 107–273, § 4002(a)(7), (e)(11), struck out “2332c,” after “2332b,”

    2. Substituted · 18 U.S.C. § 2339A(a)

       Pub. L. 107–273, § 4002(a)(7), (e)(11), substituted “of an escape” for “or an escape”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (7) Spelling correction.— Section 2339A(a) of title 18,United States Code, is amended by striking “or an escape” and inserting “of an escape”.

    Effective date note
    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.

14. 2002

    Criminal Law Technical Amendments Act of 2002

    Pub. L. 107–273 § 4002(c)(1) · 116 Stat. 1758

    Repealed · 18 U.S.C. § 2339A(b)

    Pub. L. 107–273, § 4002(c)(1), repealed amendment by Pub. L. 104–294, § 601(b)(2). See 1996 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–273, § 4002(c)(1), repealed amendment by Pub. L. 104–294, § 601(b)(2). See 1996 Amendment note below.

    Enacted provision · exact public law section
    (1) Elimination of duplicate amendments.— Effective on the date of its enactment, paragraphs (1), (2), and (4) of section 601(b), paragraph (2) of section 601(d), paragraph (2) of section 601(f), paragraphs (1) and (2)(A) of section 601(j), paragraphs Effective date. (1) and (2) of section 601(k), subsection (d) of section 602, paragraph (4) of section 604(b), subsection (r) of section 605, and paragraph (2) of section 607(j) of the Economic Espionage Act of 1996 are repealed.

    Effective date note
    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.

15. 2004

    Material Support to Terrorism Prohibition Enhancement Act of 2004

    Pub. L. 108–458 § 6603(a)(2)(B) · 118 Stat. 3638

    Inserted · 18 U.S.C. § 2339A(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (B) 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,”.

16. 2004

    Material Support to Terrorism Prohibition Enhancement Act of 2004

    Pub. L. 108–458 § 6603(a)(2)(A) · 118 Stat. 3638

    Struck · 18 U.S.C. § 2339A(a)

    Pub. L. 108–458, § 6603(a)(2)(A), struck out “or” before “section 46502”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 108–458, § 6603(a)(2)(A), struck out “or” before “section 46502”.

    Enacted provision · exact public law section
    (A) by striking “or” before “section 46502”; and

17. 2004

    Material Support to Terrorism Prohibition Enhancement Act of 2004

    Pub. L. 108–458 § 6603(b) · 118 Stat. 3638

    Amended · 18 U.S.C. § 2339A(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (b) Definitions.— Section 2339A(b) of title 18, United States Code, is amended to read as follows: “(b) Definitions.— As used in this section— “(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.” .

18. 2006

    USA PATRIOT Improvement and Reauthorization Act of 2005

    Pub. L. 109–177 title I § 110(b)(3)(B) · 120 Stat. 192

    Struck · 18 U.S.C. § 2339A(a)

    Pub. L. 109–177 struck out “1993,” after “1992,”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–177 struck out “1993,” after “1992,”.

    Enacted provision · exact public law section
    (B) in section 2339A, by striking “1993,”; and

19. 2009

    Human Rights Enforcement Act of 2009

    Pub. L. 111–122 § 3(d) · 123 Stat. 3480

    1. Inserted · 18 U.S.C. § 2339A(a)

       Pub. L. 111–122 inserted “, 1091” after “956”

    2. Substituted · 18 U.S.C. § 2339A(a)

       Pub. L. 111–122 substituted “, 2340A, or 2442” for “, or 2340A”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 111–122 inserted “, 1091” after “956” and substituted “, 2340A, or 2442” for “, or 2340A”.

    Enacted provision · exact public law section
    (d) Material Support for Genocide or Child Soldier Recruitment.— Section 2339A(a) of title 18, United States Code, is amended by— (1) inserting “, 1091” after “956”; and (2) striking “, or 2340A” and inserting “, 2340A, or 2442”.

27 of 29 references resolved to an enrolled provision · 2 partial