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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    25, 1991, 105 Stat. 643, repealed section 132 of Pub.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
    ---------------------------------------------------------------------------
        1 So in original. The comma probably should be a semicolon.
    ---------------------------------------------------------------------------
                (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.