(a) Prohibited Activities.—
(1) Unlawful conduct.— Whoever 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 15 years, or both, and, if the death of any person results, shall
be imprisoned for any term of years or for life. To violate this paragraph, a
person must have knowledge that the organization is a designated terrorist
organization (as defined in subsection (g)(6)), that the organization has
engaged or engages in terrorist activity (as defined in section 212(a)(3)(B) of
the Immigration and Nationality Act), or that the organization has engaged or
engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989).
(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.—
(1) In
general.— There is jurisdiction over an offense under
subsection (a) if—
(A) an
offender is a national of the United States (as defined in section 101(a)(22) of
the Immigration and Nationality Act (8 U.S.C. 1101 (a)(22))) or an alien
lawfully admitted for permanent residence in the United States (as defined in
section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101
(a)(20)));
(B) an
offender is a stateless person whose habitual residence is in the United States;
(C) after
the conduct required for the offense occurs an offender is brought into or found
in the United States, even if the conduct required for the offense occurs
outside the United States;
(D) the
offense occurs in whole or in part within the United States;
(E) the
offense occurs in or affects interstate or foreign commerce; or
(F) an
offender aids or abets any person over whom jurisdiction exists under this
paragraph in committing an offense under subsection (a) or conspires with any
person over whom jurisdiction exists under this paragraph to commit an offense
under subsection (a).
(2) 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 given that term in
section 2339A (including the definitions of “training” and “expert advice or
assistance” in that section);
(5) the
term “Secretary” means the Secretary of the Treasury; and
(6) the
term “terrorist organization” means an organization designated as a terrorist
organization under section 219 of the Immigration and Nationality Act.
(h) Provision of Personnel.— No person may
be prosecuted under this section in connection with the term “personnel” unless
that person has knowingly provided, attempted to provide, or conspired to
provide a foreign terrorist organization with 1 or more individuals (who may be
or include himself) to work under that terrorist organization’s direction or
control or to organize, manage, supervise, or otherwise direct the operation of
that organization. Individuals who act entirely independently of the foreign
terrorist organization to advance its goals or objectives shall not be
considered to be working under the foreign terrorist organization’s direction
and control.
(i) Rule
of Construction.— Nothing in this section shall be
construed or applied so as to abridge the exercise of rights guaranteed under
the First Amendment to the Constitution of the United States.
(j) Exception.— No person may be
prosecuted under this section in connection with the term “personnel”,
“training”, or “expert advice or assistance” if the provision of that material
support or resources to a foreign terrorist organization was approved by the
Secretary of State with the concurrence of the Attorney General. The Secretary
of State may not approve the provision of any material support that may be used
to carry out terrorist activity (as defined in section 212(a)(3)(B)(iii) of the
Immigration and Nationality Act).
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