I 

108TH CONGRESS 

2D SESSION H. R. 4942

To prohibit certain forms of material support for terrorism, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2004

Mr. GREEN of Wisconsin introduced the following bill; which was referred to 

the Committee on the Judiciary 

A BILL

To prohibit certain forms of material support for terrorism, 

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Material Support to 

5 Terrorism Prohibition Enhancement Act of 2004’’. 

6 SEC. 2. RECEIVING MILITARY-TYPE TRAINING FROM A FOR7 EIGN TERRORIST ORGANIZATION. 

8 (a) PROHIBITION AS TO CITIZENS AND RESI9 DENTS.—Chapter 113B of title 18, United States Code, 
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1 is amended by adding after section 2339C the following 

2 new section: 

3 ‘‘§ 2339D. Receiving military-type training from a for4 eign terrorist organization 

5 ‘‘(a) OFFENSE.—Whoever knowingly receives mili6 tary-type training from or on behalf of any organization 

7 designated at the time of the training by the Secretary 

8 of State under section 219(a)(1) of the Immigration and 

9 Nationality Act as a foreign terrorist organization shall 

10 be fined under this title or imprisoned for ten years, or 

11 both. To violate this subsection, a person must have 

12 knowledge that the organization is a designated terrorist 

13 organization (as defined in subsection (c)(4)), that the or14 ganization has engaged or engages in terrorist activity (as 

15 defined in section 212 of the Immigration and Nationality 

16 Act), or that the organization has engaged or engages in 

17 terrorism (as defined in section 140(d)(2) of the Foreign 

18 Relations Authorization Act, Fiscal Years 1988 and 

19 1989). 

20 ‘‘(b) EXTRATERRITORIAL JURISDICTION.—There is 

21 extraterritorial Federal jurisdiction over an offense under 

22 this section. There is jurisdiction over an offense under 

23 subsection (a) if—

24 ‘‘(1) an offender is a national of the United 

25 States (as defined in 101(a)(22) of the Immigration 
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1 and Nationality Act) or an alien lawfully admitted 

2 for permanent residence in the United States (as de3 fined in section 101(a)(20) of the Immigration and 

4 Nationality Act); 

5 ‘‘(2) an offender is a stateless person whose ha6 bitual residence is in the United States; 

7 ‘‘(3) after the conduct required for the offense 

8 occurs an offender is brought into or found in the 

9 United States, even if the conduct required for the 

10 offense occurs outside the United States; 

11 ‘‘(4) the offense occurs in whole or in part with12 in the United States; 

13 ‘‘(5) the offense occurs in or affects interstate 

14 or foreign commerce; 

15 ‘‘(6) an offender aids or abets any person over 

16 whom jurisdiction exists under this paragraph in 

17 committing an offense under subsection (a) or con18 spires with any person over whom jurisdiction exists 

19 under this paragraph to commit an offense under 

20 subsection (a). 

21 ‘‘(c) DEFINITIONS.—As used in this section—

22 ‘‘(1) the term ‘military-type training’ includes 

23 training in means or methods that can cause death 

24 or serious bodily injury, destroy or damage property, 

25 or disrupt services to critical infrastructure, or train-
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1 ing on the use, storage, production, or assembly of 

2 any explosive, firearm or other weapon, including 

3 any weapon of mass destruction (as defined in sec4 tion 2232a(c)(2)); 

5 ‘‘(2) the term ‘serious bodily injury’ has the 

6 meaning given that term in section 1365(h)(3); 

7 ‘‘(3) the term ‘critical infrastructure’ means 

8 systems and assets vital to national defense, national 

9 security, economic security, public health or safety 

10 including both regional and national infrastructure. 

11 Critical infrastructure may be publicly or privately 

12 owned; examples of critical infrastructure include 

13 gas and oil production, storage, or delivery systems, 

14 water supply systems, telecommunications networks, 

15 electrical power generation or delivery systems, fi16 nancing and banking systems, emergency services 

17 (including medical, police, fire, and rescue services), 

18 and transportation systems and services (including 

19 highways, mass transit, airlines, and airports); and 

20 ‘‘(4) the term ‘foreign terrorist organization’ 

21 means an organization designated as a terrorist or22 ganization under section 219(a)(1) of the Immigra23 tion and Nationality Act.’’. 

24 (b) INADMISSIBILITY OF ALIENS WHO HAVE RE25 CEIVED MILITARY-TYPE TRAINING FROM TERRORIST OR-
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1 GANIZATIONS.—Section 212(a)(3)(B)(i) of the Immigra2 tion and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is 

3 amended—

4 (1) in subclauses (V) and (VI), by striking ‘‘or’’ 

5 at the end; 

6 (2) in subclause (VII), by adding ‘‘or’’ at the 

7 end; and 

8 (3) by inserting after subclause (VII) the fol9 lowing: 

10 ‘‘(VIII) has received military-type 

11 training (as defined in section 

12 2339D(c)(1) of title 18, United States 

13 Code) from or on behalf of any orga14 nization that, at the time the training 

15 was received, was a terrorist organiza16 tion under section 212(a)(3)(B)(vi);’’. 

17 (c) INADMISSIBILITY OF REPRESENTATIVES AND

18 MEMBERS OF TERRORIST ORGANIZATIONS.—Section 

19 212(a)(3)(B)(i) of the Immigration and Nationality Act 

20 (8 U.S.C. 1182(a)(3)(B)(i)) is amended—

21 (1) in subclause (IV), by amending item (aa) to 

22 read as follows: 

23 ‘‘(aa) a terrorist organiza24 tion, as defined in clause (vi), 

25 or’’; and 
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1 (2) by amending subclause (V) to read as fol2 lows: 

3 ‘‘(V) is a member of a terrorist 

4 organization, as defined in subclause 

5 (I) or (II) of clause (vi), or of an or6 ganization which the alien knows or 

7 should have known is a terrorist orga8 nization,’’. 

9 (d) DEPORTATION OF ALIENS WHO HAVE RECEIVED

10 MILITARY-TYPE TRAINING FROM TERRORIST ORGANIZA11 TIONS.—Section 237(a)(4) of the Immigration and Na12 tionality Act (8 U.S.C. 1227(a)(4)) is amended by adding 

13 at the end the following: 

14 ‘‘(E) RECIPIENT OF MILITARY-TYPE

15 TRAINING.—Any alien who has received mili16 tary-type training (as defined in section 

17 2339d(c)(1) of title 18, United States Code) 

18 from or on behalf of any organization that, at 

19 the time the training was received, was a ter20 rorist organization, as defined in section 

21 212(a)(3)(b)(vi), is deportable.’’. 

22 (e) RETROACTIVE APPLICATION.—The amendments 

23 made by subsections (b), (c), and (d) shall apply to the 

24 receipt of military training occurring before, on, or after 

25 the date of the enactment of this Act. 
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1 SEC. 3. PROVIDING MATERIAL SUPPORT TO TERRORISM. 

2 (a) ADDITIONS TO OFFENSE OF PROVIDING MATE3 RIAL SUPPORT TO TERRORISTS.—Section 2339A(a) of 

4 title 18, United States Code, is amended—

5 (1) by designating the first sentence as para6 graph (1); 

7 (2) by designating the second sentence as para8 graph (3); 

9 (3) by inserting after paragraph (1) as so des10 ignated by this subsection the following: 

11 ‘‘(2)(A) Whoever in a circumstance described in 

12 subparagraph (B) provides material support or re13 sources or conceals or disguises the nature, location, 

14 source, or ownership of material support or re15 sources, knowing or intending that they are to be 

16 used in preparation for, or in carrying out, an act 

17 of international or domestic terrorism (as defined in 

18 section 2331), or in preparation for, or in carrying 

19 out, the concealment or escape from the commission 

20 of any such act, or attempts or conspires to do so, 

21 shall be punished as provided under paragraph (1) 

22 for an offense under that paragraph. 

23 ‘‘(B) The circumstances referred to in subpara24 graph (A) are any of the following: 

25 ‘‘(i) The offense occurs in or affects inter26 state or foreign commerce. 
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1 ‘‘(ii) The act of terrorism is an act of 

2 international or domestic terrorism that violates 

3 the criminal law of the United States. 

4 ‘‘(iii) The act of terrorism is an act of do5 mestic terrorism that appears to be intended to 

6 influence the policy, or affect the conduct, of 

7 the Government of the United States or a for8 eign government. 

9 ‘‘(iv) An offender, acting within the United 

10 States or outside the territorial jurisdiction of 

11 the United States, is a national of the United 

12 States (as defined in section 101(a)(22) of the 

13 Immigration and Nationality Act, an alien law14 fully admitted for permanent residence in the 

15 United States (as defined in section 101(a)(20) 

16 of the Immigration and Nationality Act , or a 

17 stateless person whose habitual residence is in 

18 the United States, and the act of terrorism is 

19 an act of international terrorism that appears 

20 to be intended to influence the policy, or affect 

21 the conduct, of the Government of the United 

22 States or a foreign government. 

23 ‘‘(v) An offender, acting within the United 

24 States, is an alien, and the act of terrorism is 

25 an act of international terrorism that appears 
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1 to be intended to influence the policy, or affect 

2 the conduct, of the Government of the United 

3 States or a foreign government. 

4 ‘‘(vi) An offender, acting outside the terri5 torial jurisdiction of the United States, is an 

6 alien and the act of terrorism is an act of inter7 national terrorism that appears to be intended 

8 to influence the policy of, or affect the conduct 

9 of, the Government of the United States. 

10 ‘‘(vii) An offender aids or abets any person 

11 over whom jurisdiction exists under this para12 graph in committing an offense under this 

13 paragraph or conspires with any person over 

14 whom jurisdiction exists under this paragraph 

15 to commit an offense under this paragraph.’’; 

16 and 

17 (4) by inserting ‘‘act or’’ after ‘‘underlying’’. 

18 (b) DEFINITIONS.—Section 2339A(b) of title 18, 

19 United States Code, is amended—

20 (1) by striking ‘‘In this’’ and inserting ‘‘(1) In 

21 this’’; 

22 (2) by inserting ‘‘any property, tangible or in23 tangible, or service, including’’ after ‘‘means’’; 

24 (3) by inserting ‘‘(one or more individuals who 

25 may be or include oneself)’’ after ‘‘personnel’’; 
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1 (4) by inserting ‘‘and’’ before ‘‘transportation’’; 

2 (5) by striking ‘‘and other physical assets’’; and 

3 (6) by adding at the end the following: 

4 ‘‘(2) As used in this subsection, the term ‘training’ 

5 means instruction or teaching designed to impart a spe6 cific skill, as opposed to general knowledge, and the term 

7 ‘expert advice or assistance’ means advice or assistance 

8 derived from scientific, technical or other specialized 

9 knowledge.’’. 

10 (c) ADDITION TO OFFENSE OF PROVIDING MATE11 RIAL SUPPORT TO TERRORIST ORGANIZATIONS.—Section 

12 2339B(a)(1) of title 18, United States Code, is amend13 ed—

14 (1) by striking ‘‘, within the United States or 

15 subject to the jurisdiction of the United States,’’ and 

16 inserting ‘‘in a circumstance described in paragraph 

17 (2)’’ ; and 

18 (2) by adding at the end the following: ‘‘To vio19 late this paragraph, a person must have knowledge 

20 that the organization is a designated terrorist orga21 nization (as defined in subsection (g)(6)), that the 

22 organization has engaged or engages in terrorist ac23 tivity (as defined in section 212(a)(3)(B) of the Im24 migration and Nationality Act, or that the organiza25 tion has engaged or engages in terrorism (as defined 
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1 in section 140(d)(2) of the Foreign Relations Au2 thorization Act, Fiscal Years 1988 and 1989.’’. 

3 (d) FEDERAL AUTHORITY.—Section 2339B(d) of 

4 title 18 is amended—

5 (1) by inserting ‘‘(1)’’ before ‘‘There’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(2) The circumstances referred to in paragraph (1) 

8 are any of the following: 

9 ‘‘(A) An offender is a national of the United 

10 States (as defined in section 101(a)(22) of the Im11 migration and Nationality Act (8 U.S.C. 

12 1101(a)(22)) or an alien lawfully admitted for per13 manent residence in the United States (as defined in 

14 section 101(a)(20) of the Immigration and Nation15 ality Act. 

16 ‘‘(B) An offender is a stateless person whose 

17 habitual residence is in the United States. 

18 ‘‘(C) After the conduct required for the offense 

19 occurs an offender is brought into or found in the 

20 United States, even if the conduct required for the 

21 offense occurs outside the United States. 

22 ‘‘(D) The offense occurs in whole or in part 

23 within the United States. 

24 ‘‘(E) The offense occurs in or affects interstate 

25 or foreign commerce. 
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1 ‘‘(F) An offender aids or abets any person over 

2 whom jurisdiction exists under this paragraph in 

3 committing an offense under subsection (a) or con4 spires with any person over whom jurisdiction exists 

5 under this paragraph to commit an offense under 

6 subsection (a).’’. 

7 (e) DEFINITION.—Paragraph (4) of section 

8 2339B(g) of title 18, United States Code, is amended to 

9 read as follows: 

10 ‘‘(4) the term ‘material support or resources’ 

11 has the same meaning given that term in section 

12 2339A;’’. 

13 (f) ADDITIONAL PROVISIONS.—Section 2339B of 

14 title 18, United States Code, is amended by adding at the 

15 end the following: 

16 ‘‘(h) PROVISION OF PERSONNEL.—No person may be 

17 prosecuted under this section in connection with the term 

18 ‘personnel’ unless that person has knowingly provided, at19 tempted to provide, or conspired to provide a foreign ter20 rorist organization with one or more individuals (who may 

21 be or include himself) to work under that terrorist organi22 zation’s direction or control or to organize, manage, super23 vise, or otherwise direct the operation of that organization. 

24 Individuals who act entirely independently of the foreign 

25 terrorist organization to advance its goals or objectives 
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1 shall not be considered to be working under the foreign 

2 terrorist organization’s direction and control. 

3 ‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be construed or applied so as to abridge the ex5 ercise of rights guaranteed under the First Amendment 

6 to the Constitution of the United States.’’. 

7 SEC. 4. FINANCING OF TERRORISM. 

8 (a) FINANCING TERRORISM.—Section 2339c(c)(2) of 

9 title 18, United States Code, is amended—

10 (1) by striking ‘‘, resources, or funds’’ and in11 serting ‘‘or resources, or any funds or proceeds of 

12 such funds’’; 

13 (2) in subparagraph (A), by striking ‘‘were pro14 vided’’ and inserting ‘‘are to be provided, or knowing 

15 that the support or resources were provided,’’; and 

16 (3) in subparagraph (B)—

17 (A) by striking ‘‘or any proceeds of such 

18 funds’’; and 

19 (B) by striking ‘‘were provided or col20 lected’’ and inserting ‘‘are to be provided or col21 lected, or knowing that the funds were provided 

22 or collected,’’. 

23 (b) DEFINITIONS.—Section 2339c(e) of title 18, 

24 United States Code, is amended—
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1 (1) by striking ‘‘and’’ at the end of paragraph 

2 (12); 

3 (2) by redesignating paragraph (13) as para4 graph (14); and 

5 (3) by inserting after paragraph (12) the fol6 lowing: 

7 ‘‘(13) the term ‘material support or resources’ 

8 has the same meaning given that term in section 

9 2339B(g)(4) of this title; and’’.

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