115 
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.—Notwith-
standing any other provision of law, the court shall 
not place on probation any person convicted of a vio-
lation of this section; nor shall the term of imprison-
ment 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 re-
quired to prove knowledge by any defendant of a ju-
risdictional 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 proce-
dure or evidence, are adopted. 
‘‘(e) EXTRATERRITORIAL JURISDICTION.—There is 
extraterritorial jurisdiction over any offense under this 
section. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
116 
‘‘(f) REQUESTS FOR MILITARY ASSISTANCE.—The 
Attorney General may request the Secretary of Defense 
to provide assistance under section 382 of title 10 in sup-
port of Department of Justice activities relating to the en-
forcement of section 271 during an emergency situation 
involving a 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. 
‘‘(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 ‘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 
‘‘(3) the term ‘Federal crime of terrorism’ 
means an offense that— 
‘‘(A) is calculated to influence or affect the 
conduct of government by intimidation or coer-
cion, or to retaliate against government con-
duct; and 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
117 
‘‘(B) is a violation of— 
‘‘(i) section 1301 (relating to destruc-
tion of aircraft or aircraft facilities), 1305 
(relating to violence at international air-
ports), 571 (relating to arson within spe-
cial maritime and territorial jurisdiction), 
621 or 623 (relating to biological weap-
ons), 624 (relating to variola virus), 631 
(relating to chemical weapons), 102(2), 
(4), (6), (7), or (8) (relating to certain 
Federally punishable homicides), 121 (re-
lating to kidnapping) if the victim is an in-
dividual whose killing is an offense under 
102(6) or (7), 601 (relating to prohibited 
transactions involving nuclear materials), 
612(m) or (n) (relating to plastic explo-
sives), 614(f)(2) or (3) (relating to arson 
and bombing of Government property risk-
ing or causing death), 614(i) (relating to 
arson and bombing of property used in 
interstate commerce), 593(c) (relating to 
killing or attempted killing during an at-
tack on a Federal facility with a dangerous 
weapon), 924(a) (relating to conspiracy to 
kill, kidnap, maim, or injure persons or 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
118 
damage property in a foreign country), 
787(a)(1) or (a)(5)(A) (relating to fraud 
and related activity in connection with 
computers), 123 (relating to hostage tak-
ing), 1201 (relating to government prop-
erty or contracts), 1202 (relating to de-
struction of communication lines, stations, 
or systems), 1203 (relating to injury to 
buildings or property within special mari-
time and territorial jurisdiction of the 
United States), 1205(a) (relating to de-
struction of an energy facility), 1331 (re-
lating to terrorist attacks and other acts of 
violence against railroad carriers and 
against mass transportation systems on 
land, on water, or through the air), 1345 
(relating to violence against maritime navi-
gation), 271 (relating to weapons of mass 
destruction, and explosives and other lethal 
devices), 273 (relating to acts of terrorism 
transcending national boundaries), 275 
(relating to missile systems designed to de-
stroy aircraft), 276 (relating to radiological 
dispersal devices), 277 (relating to har-
boring terrorists), 278 (relating to pro-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
119 
viding material support to terrorists), 279 
(relating to providing material support to 
terrorist organizations), 280 (relating to 
prohibitions against the financing of ter-
rorism), 281 (relating to receiving military- 
type training from a foreign terrorist orga-
nization), or 1291 (relating to torture); 
‘‘(ii) section 92 (relating to prohibi-
tions governing atomic weapons) or 236 
(relating to sabotage of nuclear facilities or 
fuel) of the Atomic Energy Act of 1954; 
‘‘(iii) section 46502 (relating to air-
craft piracy), the second sentence of sec-
tion 46504 (relating to assault on a flight 
crew with a dangerous weapon), section 
46505(b)(3) or (c) (relating to explosive or 
incendiary devices, or endangerment of 
human life by means of weapons, on air-
craft), section 46506 if homicide or at-
tempted homicide is involved (relating to 
application of certain criminal laws to acts 
on aircraft), or section 60123(b) (relating 
to destruction of interstate gas or haz-
ardous liquid pipeline facility) of title 49; 
or 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
120 
‘‘(iv) section 1010A of the Controlled 
Substances Import and Export Act (relat-
ing to narco-terrorism). 
‘‘§ 274. 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 of 1979 as a country sup-
porting international terrorism, engages in a financial 
transaction with the government of that country, shall be 
imprisoned for not more than 10 years. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘financial transaction’ has the 
same meaning as in section 1451; 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. 
‘‘§ 275. Missile systems designed to destroy aircraft 
‘‘(a) UNLAWFUL CONDUCT.— 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
121 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), it shall be unlawful for any person to 
knowingly produce, construct, otherwise acquire, 
transfer directly or indirectly, receive, possess, im-
port, export, or use, or possess and threaten to 
use— 
‘‘(A) an explosive or incendiary rocket or 
missile that is guided by any system designed to 
enable the rocket or missile to— 
‘‘(i) seek or proceed toward energy ra-
diated or reflected from an aircraft or to-
ward an image locating an aircraft; or 
‘‘(ii) otherwise direct or guide the 
rocket or missile to an aircraft; 
‘‘(B) any device designed or intended to 
launch or guide a rocket or missile described in 
subparagraph (A); or 
‘‘(C) any part or combination of parts de-
signed or redesigned for use in assembling or 
fabricating a rocket, missile, or device described 
in subparagraph (A) or (B). 
‘‘(2) NONWEAPON.—Paragraph (1)(A) does not 
apply to any device that is neither designed nor re-
designed for use as a weapon. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
122 
‘‘(3) EXCLUDED
CONDUCT.—This subsection 
does not apply with respect to— 
‘‘(A) conduct by or under the authority of 
the United States or any department or agency 
thereof or of a State or any department or 
agency thereof; or 
‘‘(B) conduct pursuant to the terms of a 
contract with the United States or any depart-
ment or agency thereof or with a State or any 
department or agency thereof. 
‘‘(b) JURISDICTION.—Conduct prohibited by sub-
section (a) is within the jurisdiction of the United States 
if— 
‘‘(1) the offense occurs in or affects interstate 
or foreign commerce; 
‘‘(2) the offense occurs outside of the United 
States and is committed by a national of the United 
States; 
‘‘(3) the offense is committed against a national 
of the United States while the national is outside the 
United States; 
‘‘(4) the offense is committed against any prop-
erty that is owned, leased, or used by the United 
States or by any department or agency of the United 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
123 
States, whether the property is within or outside the 
United States; or 
‘‘(5) an offender aids or abets any person over 
whom jurisdiction exists under this subsection in 
committing an offense under this section or con-
spires with any person over whom jurisdiction exists 
under this subsection to commit an offense under 
this section. 
‘‘(c) CRIMINAL PENALTIES.— 
‘‘(1) IN GENERAL.—Whoever violates subsection 
(a) shall be sentenced to a term of imprisonment not 
less than 25 years or to imprisonment for life. 
‘‘(2) OTHER CIRCUMSTANCES.—Whoever, in the 
course of a violation of subsection (a), uses or pos-
sesses and threatens to use, any item or items de-
scribed in subsection (a), shall be imprisoned for not 
less than 30 years or imprisoned for life. 
‘‘(3) SPECIAL CIRCUMSTANCES.—If the death 
of another results from a person’s violation of sub-
section (a), the person shall be punished by impris-
onment for life. 
‘‘(d) DEFINITION.—As used in this section, the term 
‘aircraft’ has the definition set forth in section 
40102(a)(6) of title 49. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
124 
‘‘§ 276. Radiological dispersal devices 
‘‘(a) UNLAWFUL CONDUCT.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), it shall be unlawful for any person to 
knowingly produce, construct, otherwise acquire, 
transfer directly or indirectly, receive, possess, im-
port, export, or use, or possess and threaten to 
use— 
‘‘(A) any weapon that is designed or in-
tended to release radiation or radioactivity at a 
level dangerous to human life; or 
‘‘(B) any device or other object that is ca-
pable of and designed or intended to endanger 
human life through the release of radiation or 
radioactivity. 
‘‘(2) EXCEPTION.—This subsection does not 
apply with respect to— 
‘‘(A) conduct by or under the authority of 
the United States or any department or agency 
thereof; or 
‘‘(B) conduct pursuant to the terms of a 
contract with the United States or any depart-
ment or agency thereof. 
‘‘(b) JURISDICTION.—Conduct prohibited by sub-
section (a) is within the jurisdiction of the United States 
if— 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
125 
‘‘(1) the offense occurs in or affects interstate 
or foreign commerce; 
‘‘(2) the offense occurs outside of the United 
States and is committed by a national of the United 
States; 
‘‘(3) the offense is committed against a national 
of the United States while the national is outside the 
United States; 
‘‘(4) the offense is committed against any prop-
erty 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 the 
United States; or 
‘‘(5) an offender aids or abets any person over 
whom jurisdiction exists under this subsection in 
committing an offense under this section or con-
spires with any person over whom jurisdiction exists 
under this subsection to commit an offense under 
this section. 
‘‘(c) CRIMINAL PENALTIES.— 
‘‘(1) IN GENERAL.—Whoever violates subsection 
(a) shall be sentenced to a term of imprisonment not 
less than 25 years or to imprisonment for life. 
‘‘(2) OTHER CIRCUMSTANCES.—Whoever, in the 
course of a violation of subsection (a), uses or pos-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
126 
sesses and threatens to use, any item or items de-
scribed in subsection (a), shall be imprisoned for not 
less than 30 years or imprisoned for life. 
‘‘(3) SPECIAL CIRCUMSTANCES.—If the death 
of another results from a person’s violation of sub-
section (a), the person shall be punished by impris-
onment for life. 
‘‘§ 277. Harboring or concealing terrorists 
‘‘(a) OFFENSE.—Whoever harbors or conceals any 
person who he knows, or has reasonable grounds to be-
lieve, has committed, or is about to commit, an offense 
under section 1301 (relating to destruction of aircraft or 
aircraft facilities), section 621 (relating to biological weap-
ons), section 631 (relating to chemical weapons), section 
601 (relating to nuclear materials), paragraph (2) or (3) 
of section 614(f) (relating to arson and bombing of gov-
ernment property risking or causing injury or death), sec-
tion 1205(a) (relating to the destruction of an energy fa-
cility), section 1345 (relating to violence against maritime 
navigation), section 271 (relating to weapons of mass de-
struction), or section 273 (relating to acts of terrorism 
transcending national boundaries) of this title, section 
236(a) (relating to sabotage of nuclear facilities or fuel) 
of the Atomic Energy Act of 1954, or section 46502 (re-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
127 
lating to aircraft piracy) of title 49, shall imprisoned not 
more than ten years. 
‘‘(b) VENUE.—A violation of this section may be 
prosecuted in any Federal judicial district in which the 
underlying offense was committed, or in any other Federal 
judicial district as provided by law. 
‘‘§ 278. Providing material support to terrorists 
‘‘(a) OFFENSE.—Whoever 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 prepara-
tion for, or in carrying out, a violation of section 102(2), 
(4), (6), (7), or (8), 112 if the victim is an individual 
whose killing is an offense under section 102(6), (7), or 
(8), 121 if the victim is an individual whose killing is an 
offense under section 102(6) or (7), 123, 271, 273, 571, 
593(c), 601, 612(m) or (n), 614(f) or (i), 621, 631, 924, 
1201, 1202, 1203, 1205, 1281, 1291, 1297, 1301, 1305, 
1331, or 1345 of this title, section 236 of the Atomic En-
ergy Act of 1954, section 46502 or 60123(b) of title 49, 
or any offense listed in section 273(g)(3)(B) (except for 
sections 278 and 279) or in preparation for, or in carrying 
out, the concealment of an escape from the commission 
of any such violation shall be imprisoned not more than 
15 years. A violation of this section may be prosecuted 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
128 
in any Federal judicial district in which the underlying 
offense was committed, or in any other Federal judicial 
district as provided by law, and, if the death of any person 
results, shall be imprisoned for any term of years or for 
life. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘material support or resources’ 
means any property, tangible or intangible, or serv-
ice, including currency or monetary instruments or 
financial securities, financial services, lodging, train-
ing, expert advice or assistance, safehouses, false 
documentation or identification, communications 
equipment, facilities, weapons, lethal substances, ex-
plosives, personnel (1 or more individuals who may 
be or include oneself), and transportation, except 
medicine or religious materials; 
‘‘(2) the term ‘training’ means instruction or 
teaching designed to impart a specific skill, as op-
posed to general knowledge; and 
‘‘(3) the term ‘expert advice or assistance’ 
means advice or assistance derived from scientific, 
technical or other specialized knowledge. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
129 
‘‘§ 279. Providing material support or resources to 
designated foreign terrorist organiza-
tions 
‘‘(a) PROHIBITED ACTIVITIES.— 
‘‘(1) UNLAWFUL
CONDUCT.—Whoever know-
ingly provides material support or resources to a for-
eign terrorist organization shall be 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 des-
ignated terrorist organization (as defined in sub-
section (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 en-
gages 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 au-
thorized by the Secretary, any financial institution 
that becomes aware that it has possession of, or con-
trol over, any funds in which a foreign terrorist or-
ganization, or its agent, has an interest, shall— 
‘‘(A) retain possession of, or maintain con-
trol over, such funds; and 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
130 
‘‘(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 Sec-
retary 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 jurisdiction over an offense under this sec-
tion. 
‘‘(e) CLASSIFIED
INFORMATION
IN
CIVIL
PRO-
CEEDINGS BROUGHT BY THE UNITED STATES.— 
‘‘(1) DISCOVERY OF CLASSIFIED INFORMATION 
BY DEFENDANTS.— 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
131 
‘‘(A) REQUEST
BY
UNITED
STATES.—In 
any civil proceeding under this section, upon re-
quest made ex parte and in writing by the 
United States, a court, upon a sufficient show-
ing, may authorize the United States to— 
‘‘(i) redact specified items of classified 
information from documents to be intro-
duced into evidence or made available to 
the defendant through discovery under the 
Federal Rules of Civil Procedure; 
‘‘(ii) substitute a summary of the in-
formation for such classified documents; or 
‘‘(iii) substitute a statement admitting 
relevant facts that the classified informa-
tion 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 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
132 
may take an immediate, interlocutory appeal in 
accordance with paragraph (5). For purposes of 
such an appeal, the entire text of the docu-
ments 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 INFORMA-
TION; PRECAUTIONS BY COURT.— 
‘‘(A) EXHIBITS.—To prevent unnecessary 
or inadvertent disclosure of classified informa-
tion 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 photo-
graphs, one or more of the following: 
‘‘(i) Copies of items from which classi-
fied 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. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
133 
‘‘(B) DETERMINATION
BY
COURT.—The 
court shall grant a request under this para-
graph 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 examina-
tion 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, in-
cluding— 
‘‘(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 pro-
vide the court with a proffer of the nature 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
134 
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 infor-
mation sought to be introduced. 
‘‘(4) APPEAL.—If the court enters an order de-
nying a request of the United States under this sub-
section, the United States may take an immediate 
interlocutory appeal in accordance with paragraph 
(5). 
‘‘(5) INTERLOCUTORY APPEAL.— 
‘‘(A) SUBJECT OF APPEAL.—An interlocu-
tory 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 clas-
sified information; 
‘‘(ii) imposing sanctions for nondisclo-
sure of classified information; or 
‘‘(iii) refusing a protective order 
sought by the United States to prevent the 
disclosure of classified information. 
‘‘(B) EXPEDITED CONSIDERATION.— 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
135 
‘‘(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 14 days after the decision or order 
appealed from, and the trial shall not com-
mence 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, excluding in-
termediate weekends and holidays; 
‘‘(II) may dispense with written 
briefs other than the supporting mate-
rials previously submitted to the trial 
court; 
‘‘(III) shall render its decision 
not later than 4 days after argument 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
136 
on appeal, excluding intermediate 
weekends and holidays; and 
‘‘(IV) may dispense with the 
issuance of a written opinion in ren-
dering its decision. 
‘‘(C) EFFECT OF RULING.—An interlocu-
tory appeal and decision does not affect the 
right of the defendant, in a subsequent appeal 
from a final judgment, to claim as error rever-
sal by the trial court on remand of a ruling ap-
pealed from during trial. 
‘‘(6) CONSTRUCTION.—Nothing in this sub-
section 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 in-
vocation of the military and State secrets privilege. 
‘‘(f) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘classified information’ has the 
meaning given that term in section 1(a) of the Clas-
sified Information Procedures Act; 
‘‘(2) 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, 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
137 
any other negotiable instrument, and any electronic 
representation of any of the foregoing; 
‘‘(3) the term ‘material support or resources’ 
has the same meaning given that term in section 
278 (including the definitions of ‘training’ and ‘ex-
pert advice or assistance’ in that section); 
‘‘(4) 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 Nation-
ality Act. 
‘‘(g) PROVISION OF PERSONNEL.—No person may be 
prosecuted under this section in connection with the term 
‘personnel’ unless that person has knowingly provided a 
foreign terrorist organization with 1 or more individuals 
(who may be or include himself) to work under that ter-
rorist organization’s direction or control or to organize, 
manage, supervise, or otherwise direct the operation of 
that organization. Individuals who act entirely independ-
ently 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. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
138 
‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed or applied so as to abridge the ex-
ercise of rights guaranteed under the First Amendment 
to the Constitution of the United States. 
‘‘(i) 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). 
‘‘§ 280. Prohibitions against the financing of ter-
rorism 
‘‘(a) OFFENSES.— 
‘‘(1) IN GENERAL.—Whoever, in a circumstance 
described in subsection (b), by any means, directly 
or indirectly, unlawfully and knowingly provides or 
collects funds with the intention that such funds be 
used, or with the knowledge that such funds are to 
be used, in full or in part, in order to carry out— 
‘‘(A) an act which constitutes an offense 
within the scope of a treaty specified in sub-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
139 
section (e)(7), as implemented by the United 
States, or 
‘‘(B) any other act intended to cause death 
or serious bodily injury to a civilian, or to any 
other person not taking an active part in the 
hostilities in a situation of armed conflict, when 
the purpose of such act, by its nature or con-
text, is to intimidate a population, or to compel 
a government or an international organization 
to do or to abstain from doing any act, 
shall be punished as prescribed in subsection (d)(1). 
‘‘(2) RELATIONSHIP TO PREDICATE ACT.—For 
an act to constitute an offense set forth in this sub-
section, it shall not be necessary that the funds were 
actually used to carry out a predicate act. 
‘‘(b) JURISDICTION.—There is jurisdiction over the 
offenses in subsection (a) in the following circumstances— 
‘‘(1) the offense takes place in the United 
States and— 
‘‘(A) a perpetrator was a national of an-
other state or a stateless person; 
‘‘(B) on board a vessel flying the flag of 
another state or an aircraft which is registered 
under the laws of another state at the time the 
offense is committed; 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
140 
‘‘(C) on board an aircraft which is oper-
ated by the government of another state; 
‘‘(D) a perpetrator is found outside the 
United States; 
‘‘(E) was directed toward or resulted in 
the carrying out of a predicate act against— 
‘‘(i) a national of another state; or 
‘‘(ii) another state or a government 
facility of such state, including its embassy 
or other diplomatic or consular premises of 
that state; 
‘‘(F) was directed toward or resulted in the 
carrying out of a predicate act committed in an 
attempt to compel another state or inter-
national organization to do or abstain from 
doing any act; or 
‘‘(G) was directed toward or resulted in 
the carrying out of a predicate act— 
‘‘(i) outside the United States; or 
‘‘(ii) within the United States, and ei-
ther the offense or the predicate act was 
conducted in, or the results thereof af-
fected, interstate or foreign commerce; 
‘‘(2) the offense takes place outside the United 
States and— 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00140
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
141 
‘‘(A) a perpetrator is a national of the 
United States or is a stateless person whose ha-
bitual residence is in the United States; 
‘‘(B) a perpetrator is found in the United 
States; or 
‘‘(C) was directed toward or resulted in the 
carrying out of a predicate act against— 
‘‘(i) any property that is owned, 
leased, or used by the United States or by 
any department or agency of the United 
States, including an embassy or other dip-
lomatic or consular premises of the United 
States; 
‘‘(ii) any person or property within 
the United States; 
‘‘(iii) any national of the United 
States or the property of such national; or 
‘‘(iv) any property of any legal entity 
organized under the laws of the United 
States, including any of its States, dis-
tricts, commonwealths, territories, or pos-
sessions; 
‘‘(3) the offense is committed on board a vessel 
flying the flag of the United States or an aircraft 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
142 
which is registered under the laws of the United 
States at the time the offense is committed; 
‘‘(4) the offense is committed on board an air-
craft which is operated by the United States; or 
‘‘(5) the offense was directed toward or resulted 
in the carrying out of a predicate act committed in 
an attempt to compel the United States to do or ab-
stain from doing any act. 
‘‘(c) CONCEALMENT.—Whoever— 
‘‘(1)(A) is in the United States; or 
‘‘(B) is outside the United States and is a na-
tional of the United States or a legal entity orga-
nized under the laws of the United States (including 
any of its States, districts, commonwealths, terri-
tories, or possessions); and 
‘‘(2) knowingly conceals or disguises the nature, 
location, source, ownership, or control of any mate-
rial support or resources, or any funds or proceeds 
of such funds— 
‘‘(A) knowing or intending that the sup-
port or resources are to be provided, or knowing 
that the support or resources were provided, in 
violation of section 279; or 
‘‘(B) knowing or intending that any such 
funds are to be provided or collected, or know-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
143 
ing that the funds were provided or collected, in 
violation of subsection (a), 
shall be punished as prescribed in subsection (d)(2). 
‘‘(d) PENALTIES.— 
‘‘(1) SUBSECTION (a).—Whoever violates sub-
section (a) shall be imprisoned for not more than 20 
years. 
‘‘(2) SUBSECTION (c).—Whoever violates sub-
section (c) shall be imprisoned for not more than 10 
years. 
‘‘(e) DEFINITIONS.—In this section— 
‘‘(1) the term ‘funds’ means assets of every 
kind, whether tangible or intangible, movable or im-
movable, however acquired, and legal documents or 
instruments in any form, including electronic or dig-
ital, evidencing title to, or interest in, such assets, 
including coin, currency, bank credits, travelers 
checks, bank checks, money orders, shares, securi-
ties, bonds, drafts, and letters of credit; 
‘‘(2) the term ‘government facility’ means any 
permanent or temporary facility or conveyance that 
is used or occupied by representatives of a state, 
members of a government, the legislature, or the ju-
diciary, or by officials or employees of a state or any 
other public authority or entity or by employees or 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00143
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
144 
officials of an intergovernmental organization in con-
nection with their official duties; 
‘‘(3) the term ‘proceeds’ means any funds de-
rived from or obtained, directly or indirectly, 
through the commission of an offense set forth in 
subsection (a); 
‘‘(4) the term ‘provides’ includes giving, donat-
ing, and transmitting; 
‘‘(5) the term ‘collects’ includes raising and re-
ceiving; 
‘‘(6) the term ‘predicate act’ means any act re-
ferred to in subparagraph (A) or (B) of subsection 
(a)(1); 
‘‘(7) the term ‘treaty’ means— 
‘‘(A) the Convention for the Suppression of 
Unlawful Seizure of Aircraft, done at The 
Hague on December 16, 1970; 
‘‘(B) the Convention for the Suppression of 
Unlawful Acts against the Safety of Civil Avia-
tion, done at Montreal on September 23, 1971; 
‘‘(C) the Convention on the Prevention and 
Punishment of Crimes against Internationally 
Protected 
Persons, 
including 
Diplomatic 
Agents, adopted by the General Assembly of the 
United Nations on December 14, 1973; 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00144
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
145 
‘‘(D) the International Convention against 
the Taking of Hostages, adopted by the General 
Assembly of the United Nations on December 
17, 1979; 
‘‘(E) the Convention on the Physical Pro-
tection of Nuclear Material, adopted at Vienna 
on March 3, 1980; 
‘‘(F) the Protocol for the Suppression of 
Unlawful Acts of Violence at Airports Serving 
International Civil Aviation, supplementary to 
the Convention for the Suppression of Unlawful 
Acts against the Safety of Civil Aviation, done 
at Montreal on February 24, 1988; 
‘‘(G) the Convention for the Suppression of 
Unlawful Acts against the Safety of Maritime 
Navigation, done at Rome on March 10, 1988; 
‘‘(H) the Protocol for the Suppression of 
Unlawful Acts against the Safety of Fixed Plat-
forms located on the Continental Shelf, done at 
Rome on March 10, 1988; or 
‘‘(I) the International Convention for the 
Suppression of Terrorist Bombings, adopted by 
the General Assembly of the United Nations on 
December 15, 1997; 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00145
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
146 
‘‘(8) the term ‘intergovernmental organization’ 
includes international organizations; 
‘‘(9) the term ‘international organization’ has 
the same meaning as in section 136; 
‘‘(10) the term ‘armed conflict’ does not include 
internal disturbances and tensions, such as riots, 
isolated and sporadic acts of violence, and other acts 
of a similar nature; 
‘‘(11) the term ‘material support or resources’ 
has the same meaning given that term in section 
279(f)(3); and 
‘‘(12) the term ‘state’ has the same meaning as 
that term has under international law, and includes 
all political subdivisions thereof. 
‘‘(f) CIVIL PENALTY.—In addition to any other crimi-
nal, civil, or administrative liability or penalty, any legal 
entity located within the United States or organized under 
the laws of the United States, including any of the laws 
of its States, districts, commonwealths, territories, or pos-
sessions, shall be liable to the United States for the sum 
of at least $10,000, if a person responsible for the man-
agement or control of that legal entity has, in that capac-
ity, committed an offense set forth in subsection (a). 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00146
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
147 
‘‘§ 281. Receiving military-type training from a for-
eign terrorist organization 
‘‘(a) OFFENSE.—Whoever, if a circumstance exists 
that is described in section 279(d), knowingly receives 
military-type training from or on behalf of any organiza-
tion designated at the time of the training by the Sec-
retary of State under section 219(a)(1) of the Immigration 
and Nationality Act as a foreign terrorist organization 
shall be imprisoned for ten years. To violate this sub-
section, a person must have knowledge that the organiza-
tion is a designated terrorist organization (as defined in 
subsection (b)(3)), that the organization has engaged or 
engages in terrorist activity (as defined in section 212 of 
the Immigration and Nationality Act), or that the organi-
zation has engaged or engages in terrorism (as defined 
in section 140(d)(2) of the Foreign Relations Authoriza-
tion Act, Fiscal Years 1988 and 1989). 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘military-type training’ includes 
training in means or methods that can cause death 
or serious bodily injury, destroy or damage property, 
or disrupt services to critical infrastructure, or train-
ing on the use, storage, production, or assembly of 
any explosive, firearm or other weapon, including 
any weapon of mass destruction (as defined in sec-
tion 271(b)(1)); 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00147
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
148 
‘‘(2) the term ‘critical infrastructure’ means 
systems and assets vital to national defense, national 
security, economic security, public health or safety 
including both regional and national infrastructure. 
Critical infrastructure may be publicly or privately 
owned; examples of critical infrastructure include 
gas and oil production, storage, or delivery systems, 
water supply systems, telecommunications networks, 
electrical power generation or delivery systems, fi-
nancing and banking systems, emergency services 
(including medical, police, fire, and rescue services), 
and transportation systems and services (including 
highways, mass transit, airlines, and airports); and 
‘‘(3) the term ‘foreign terrorist organization’ 
means an organization designated as a terrorist or-
ganization under section 219(a)(1) of the Immigra-
tion and Nationality Act. 
‘‘§ 282. Civil remedies 
‘‘(a) ACTION AND JURISDICTION.—Any national of 
the United States who suffers any loss by reason of an 
act of international terrorism, or the estate, survivors, or 
heirs of that national, may in a civil action in any appro-
priate district court of the United States recover threefold 
the damages sustained and the cost of the suit, including 
attorney’s fees. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
149 
‘‘(b) ESTOPPEL UNDER UNITED STATES LAW.—A 
final judgment or decree rendered in favor of the United 
States in any criminal proceeding under section 102, 111, 
112, 121, or 123 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 of-
fense in any subsequent civil proceeding under this sec-
tion. 
‘‘(d) GENERAL VENUE.—A civil action under this 
section may be instituted the United States district court 
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. 
‘‘(e) SPECIAL MARITIME OR TERRITORIAL JURISDIC-
TION.—If the actions giving rise to the claim occurred 
within the special maritime and territorial jurisdiction of 
the United States, then a civil action under this section 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
150 
may be instituted in the United States district court for 
any district in which any plaintiff resides or the defendant 
resides, is served, or has an agent. 
‘‘(f) SERVICE ON WITNESSES.—A witness in a civil 
action brought under this section may be served in any 
other district where the defendant resides, is found, or has 
an agent. 
‘‘(g) CONVENIENCE OF THE FORUM.—The district 
court shall not dismiss any action brought under this sec-
tion on the grounds of the inconvenience or inappropriate-
ness 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. 
‘‘(h) STATUTE OF LIMITATIONS.— 
‘‘(1) Subject to subsection (b), a civil action 
under this section shall not be maintained unless 
commenced within 4 years after the date the cause 
of action accrued. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
151 
‘‘(2) 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 paragraph (1). 
‘‘(i) ACTS OF WAR.—No action shall be maintained 
under this section for injury or loss by reason of an act 
of war. 
‘‘(j) LIMITATION ON DISCOVERY.—If a party to an 
action under this section 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 inci-
dent, or a national security operation related to the inci-
dent, 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 inves-
tigation or prosecution of the incident or a national secu-
rity operation related to the incident. The court shall con-
sider the likelihood of criminal prosecution by the Govern-
ment and other factors it deems to be appropriate. A stay 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00151
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
152 
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 sub-
section, it may stay the action in the interests of justice. 
‘‘(k) STAY OF ACTION FOR CIVIL REMEDIES.— 
‘‘(1) The Attorney General may intervene in 
any civil action brought under this section for the 
purpose of seeking a stay of the civil action. A stay 
shall be granted if the court finds that the continu-
ation 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 oper-
ations 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. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00152
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
153 
‘‘(l) SUITS AGAINST GOVERNMENTS.—No action 
shall be maintained under this section 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. 
‘‘(m) 
EXCLUSIVE
JURISDICTION.—The 
district 
courts of the United States shall have exclusive original 
jurisdiction over an action brought under this section. 
‘‘§ 283. Definitions for subchapter 
‘‘As used in this subchapter— 
‘‘(1) the term ‘international terrorism’ means 
activities that— 
‘‘(A) involve violent acts or acts dangerous 
to human life that are a violation of the crimi-
nal laws of the United States or of any State, 
or that would be a criminal violation if com-
mitted within the jurisdiction of the United 
States or of any State; 
‘‘(B) appear to be intended— 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00153
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
154 
‘‘(i) to intimidate or coerce a civilian 
population; 
‘‘(ii) to influence the policy of a gov-
ernment by intimidation or coercion; or 
‘‘(iii) to affect the conduct of a gov-
ernment by mass destruction, assassina-
tion, 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; 
‘‘(3) the term ‘act of war’ means any act occur-
ring in the course of— 
‘‘(A) declared war; 
‘‘(B) armed conflict, whether or not war 
has been declared, between two or more na-
tions; or 
‘‘(C) armed conflict between military forces 
of any origin; and 
‘‘(4) the term ‘domestic terrorism’ means activi-
ties that— 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00154
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
155 
‘‘(A) involve acts dangerous to human life 
that are a violation of the criminal laws 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 gov-
ernment by intimidation or coercion; or 
‘‘(iii) to affect the conduct of a gov-
ernment by mass destruction, assassina-
tion, or kidnapping; and 
‘‘(C) occur primarily within the territorial 
jurisdiction of the United States. 
‘‘SUBCHAPTER C—MILITARY AND NAVY 
‘‘Sec. 
‘‘291. Entering military, naval, or Coast Guard property. 
‘‘292. Use of army and Air Force as posse comitatus. 
‘‘293. Disruptions of funerals of members or former members of the Armed 
Forces. 
‘‘294. Demonstrations at cemeteries under the control of the national cemetery 
administration and at Arlington National Cemetery. 
‘‘295. Prohibition on attacks on United States servicemen on account of service. 
‘‘§ 291. Entering military, naval, or Coast Guard prop-
erty 
‘‘Whoever— 
‘‘(1) within the jurisdiction of the United 
States, goes upon any military, naval, or Coast 
Guard reservation, post, fort, arsenal, yard, station, 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00155
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
156 
or installation, for any purpose prohibited by law or 
lawful regulation; or 
‘‘(2) reenters or is found within any such res-
ervation, post, fort, arsenal, yard, station, or instal-
lation, after having been removed therefrom or or-
dered not to reenter by any officer or person in com-
mand or charge thereof; 
shall be or imprisoned not more than six months. 
‘‘§ 292. Use of army and Air Force as posse comitatus 
‘‘Whoever, except in cases and under circumstances 
expressly authorized by the Constitution or Act of Con-
gress, knowingly uses any part of the Army or the Air 
Force as a posse comitatus or otherwise to execute the 
laws shall be imprisoned not more than two years. 
‘‘§ 293. Disruptions of funerals of members or former 
members of the Armed Forces 
‘‘(a) OFFENSE.—Whoever engages in disruptive ac-
tivity at a covered funeral of a member or former member 
of the Armed services shall be imprisoned not more than 
one year. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘disruptive activity’ means— 
‘‘(A) during the period beginning 60 min-
utes before and ending 60 minutes after such 
funeral, knowingly making noise or a diversion 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
157 
with intent to disturb the peace and good order 
of the funeral that— 
‘‘(i) is not part of the funeral; and 
‘‘(ii) takes place within the boundaries 
of the location of such funeral or takes 
place within 150 feet of the point of the 
intersection between the boundary of the 
location of such funeral and a road, path-
way, or other route of ingress to or egress 
from the location of such funeral; or 
‘‘(B) intentionally and without authoriza-
tion, within 300 feet of the boundary of the lo-
cation of such funeral, impeding access to or 
egress from the location of the funeral; 
‘‘(2) the term ‘covered funeral’ means a cere-
mony or memorial service held in connection with 
the burial or cremation of a member or former mem-
ber of the Armed Forces, which is not located at a 
cemetery under the control of the National Cemetery 
Administration or part of Arlington National Ceme-
tery; 
‘‘(3) the term ‘Armed Forces’ has the meaning 
given the term in section 101 of title 10; 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
158 
‘‘(4) The term ‘boundary of the location’, with 
respect to the place a covered funeral is held, 
means— 
‘‘(A) the property line of the place, if the 
place is cemetery, mortuary, or house of wor-
ship; and 
‘‘(B) the reasonable property line of any 
other location. 
‘‘§ 294. Demonstrations at cemeteries under the con-
trol of the national cemetery administra-
tion and at Arlington National Cemetery 
‘‘Whoever violates section 2413 of title 38 shall be 
imprisoned for not more than one year. 
‘‘§ 295. Prohibition on attacks on United States serv-
icemen on account of service 
‘‘(a) IN GENERAL.—Whoever knowingly assaults or 
batters a United States serviceman or an immediate fam-
ily member of a United States serviceman, or who know-
ingly destroys or injures the property of such serviceman 
or immediate family member, on account of the military 
service of that serviceman or status of that individual as 
a United States serviceman, or who attempts or conspires 
to do so, shall 
‘‘(1) in the case of a simple assault, or destruc-
tion or injury to property in which the damage or 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00158
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
159 
attempted damage to such property is not more than 
$500, be fined under this title in an amount not less 
than $500 nor more than $10,000 and imprisoned 
not more than 2 years; 
‘‘(2) in the case of destruction or injury to 
property in which the damage or attempted damage 
to such property is more than $500, be fined under 
this title in an amount not less than $1000 nor more 
than $100,000 and imprisoned not more than 5 
years; and 
‘‘(3) in the case of a battery, or an assault re-
sulting in bodily injury, be fined under this title in 
an amount not less than $2,500 and imprisoned not 
less than 6 months nor more than 10 years. 
‘‘(b) EXCEPTION.—This section does not apply to 
conduct by a person who is subject to the Uniform Code 
of Military Justice. 
‘‘(c) DEFINITIONS.—In this section 
‘‘(1) the term ‘Armed Forces’ has the meaning 
given that term in section 101 of title 10; 
‘‘(2) the term ‘immediate family member’ has 
the meaning given that term in section 136; and 
‘‘(3) the term ‘United States serviceman’— 
‘‘(A) means a member of the Armed 
Forces; and 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00159
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
160 
‘‘(B) includes a former member of the 
Armed Forces during the 5-year period begin-
ning on the date of the discharge from the 
Armed Forces of that member of the Armed 
Forces. 
‘‘SUBCHAPTER D—CIVIL DISORDERS AND 
RIOTS 
‘‘Sec. 
‘‘296. Civil disorders. 
‘‘§ 296. Civil disorders 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) teaches or demonstrates to any other per-
son the use, application, or making of any firearm 
or explosive or incendiary device, or technique capa-
ble of causing injury or death to persons, knowing 
or having reason to know or intending that the same 
will be unlawfully employed for use in, or in further-
ance of, a civil disorder which is in or affects inter-
state or foreign commerce or the performance of any 
federally protected function; 
‘‘(2) transports or manufactures for transpor-
tation in or affecting interstate or foreign commerce 
any firearm or explosive or incendiary device, know-
ing or having reason to know or intending that the 
same will be used unlawfully in furtherance of a civil 
disorder; or 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
161 
‘‘(3) commits or attempts to commit any act to 
obstruct, impede, or interfere with any fireman or 
law enforcement officer lawfully engaged in the law-
ful performance of official duties incident to and 
during the commission of a civil disorder which is in 
or affects commerce or the conduct or performance 
of any federally protected function; 
shall be imprisoned not more than five years. 
‘‘(b) LAW ENFORCEMENT EXCLUSION.—Nothing in 
this section makes unlawful any act of any law enforce-
ment officer which is performed in the lawful performance 
of official duties. 
‘‘(c) DEFINITIONS.—The following definitions apply 
in this section: 
‘‘(1) The term ‘civil disorder’ means any public 
disturbance involving acts of violence by assemblages 
of three or more persons, which causes an immediate 
danger of or results in damage or injury to the prop-
erty or person of any other individual. 
‘‘(2) The term ‘federally protected function’ 
means any function, operation, or action carried out, 
under the laws of the United States, by any depart-
ment, agency, or instrumentality of the United 
States or by an officer or employee thereof; and such 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00161
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
162 
term includes the collection and distribution of the 
United States mails. 
‘‘(3) The term ‘firearm’ means any weapon 
which is designed to or may readily be converted to 
expel any projectile by the action of an explosive; or 
the frame or receiver of any such weapon. 
‘‘(4) The term ‘explosive or incendiary device’ 
means— 
‘‘(A) dynamite and all other forms of high 
explosives; 
‘‘(B) any explosive bomb, grenade, missile, 
or similar device; and 
‘‘(C) any incendiary bomb or grenade, fire 
bomb, or similar device, including any device 
which— 
‘‘(i) consists of or includes a breakable 
container including a flammable liquid or 
compound, and a wick composed of any 
material which, when ignited, is capable of 
igniting such flammable liquid or com-
pound; and 
‘‘(ii) can be carried or thrown by one 
individual acting alone. 
‘‘(5) The term ‘fireman’ means any member of 
a fire department (including a volunteer fire depart-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
163 
ment) of any State, any political subdivision of a 
State. 
‘‘(6) The term ‘law enforcement officer’ means 
any officer or employee of the United States, of any 
State or any political subdivision of a State while en-
gaged in the enforcement or prosecution of any of 
the criminal laws of the United States or of that 
State or subdivision; and such term includes mem-
bers of the National Guard (as defined in section 
101 of title 10), members of the organized militia of 
a State (as defined in section 101 of title 10), and 
members of the Armed Forces of the United States, 
while engaged in suppressing acts of violence or re-
storing law and order during a civil disorder. 
‘‘SUBCHAPTER E—ESPIONAGE AND 
CENSORSHIP 
‘‘Sec. 
‘‘301. General provisions for subchapter. 
‘‘302. Gathering or transmitting defense information. 
‘‘303. Losing defense information. 
‘‘304. Disclosure of classified and other similarly protected information. 
‘‘§ 301. General provisions for subchapter 
‘‘(a) DEFINITION.—In this subchapter, the term ‘for-
eign power’ has the meaning given that term in section 
101(a) of the Foreign Intelligence Surveillance Act of 
1978. 
‘‘(b) EXCLUSION RELATING TO LAWFUL DEMANDS 
OF CONGRESS.—Nothing in this subchapter prohibits the 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
164 
furnishing, upon lawful demand, of information to any 
regularly constituted committee of the Senate or House 
of Representatives of the United States of America, or 
joint committee thereof. 
‘‘§ 302. Gathering or transmitting defense informa-
tion 
‘‘Whoever, with intent or reason to believe that the 
information will be used to the injury of the United States, 
or to the advantage of any foreign power, knowingly— 
‘‘(1) obtains information connected with the na-
tional defense; or 
‘‘(2) provides information connected with the 
national defense to any person not entitled to receive 
it; 
shall be imprisoned for life or for any term of years, and 
if death results, shall be subject to the death penalty. 
‘‘§ 303. Losing defense information 
‘‘Whoever, having lawful possession or control of any 
information connected with the national defense— 
‘‘(1) recklessly permits that information to be 
lost, stolen, or destroyed; or 
‘‘(2) knowing that the information has been 
lost, or stolen, or destroyed, fails to make prompt re-
port of that fact to an appropriate superior officer; 
shall be imprisoned not more than 10 years. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00164
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
165 
‘‘§ 304. Disclosure of classified and other similarly 
protected information 
‘‘(a) OFFENSE.—Whoever knowingly provides pro-
tected information to a person not entitled to receive it, 
or knowingly uses protected information to the injury of 
the United States, or to the advantage of any foreign 
power shall be imprisoned not more than 10 years. 
‘‘(b) DEFINITIONS.—In this section— 
‘‘(1) the term ‘protected information’ means 
any classified information or any Restricted Data 
(as defined for the purposes of the Atomic Energy 
Act of 1954); 
‘‘(2) the term ‘classified information’ means in-
formation which, at the time of a violation of this 
section, is, for reasons of national security, specifi-
cally designated by a United States Government au-
thority for limited or restricted dissemination or dis-
tribution— 
‘‘(A) concerning the nature, preparation, 
or use of any code, cipher, or cryptographic sys-
tem of the United States or any foreign power; 
‘‘(B) concerning the design, construction, 
use, maintenance, or repair of any device, appa-
ratus, or appliance used or prepared or planned 
for use by the United States or any foreign 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00165
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
166 
power for cryptographic or communication in-
telligence purposes; 
‘‘(C) concerning the communication intel-
ligence activities of the United States or any 
foreign power; or 
‘‘(D) obtained by the processes of commu-
nication intelligence from the communications 
of any foreign power, knowing the same to have 
been obtained by such processes; and 
‘‘(3) the terms ‘code’, ‘cipher’, and ‘cryp-
tographic system’ include any method of secret writ-
ing and any mechanical or electrical device or meth-
od used for the purpose of disguising or concealing 
the contents, significance, or meanings of commu-
nications. 
‘‘SUBCHAPTER F—IMMIGRATION AND 
NATIONALITY 
‘‘Sec. 
‘‘311. False statement in application and use of passport. 
‘‘312. Forgery or false use of passport. 
‘‘313. Misuse of passport. 
‘‘314. Fraud and misuse of visas, permits, and other documents. 
‘‘315. Procurement of citizenship or naturalization unlawfully. 
‘‘316. Sale of naturalization or citizenship papers. 
‘‘317. Penalties related to removal. 
‘‘318. Bringing in and harboring certain aliens. 
‘‘319. Entry of alien at improper time or place; misrepresentation and conceal-
ment of facts. 
‘‘320. Reentry of removed alien. 
‘‘321. Aiding or assisting certain aliens to enter the United States. 
‘‘322. Increased penalty for certain terrorism related offenses. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00166
Fmt 6652
Sfmt 6211
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
167 
‘‘§ 311. False statement in application and use of 
passport 
‘‘Whoever— 
‘‘(1) knowingly makes any false statement in an 
application for passport with intent to induce or se-
cure the issuance of a passport under the authority 
of the United States, either for his own use or the 
use of another, contrary to the laws regulating the 
issuance of passports or the rules prescribed pursu-
ant to such laws; or 
‘‘(2) knowingly uses or attempts to use, or fur-
nishes to another for use any passport the issue of 
which was secured in any way by reason of any false 
statement; 
shall be imprisoned not more than 15 years. 
‘‘§ 312. Forgery or false use of passport 
‘‘Whoever— 
‘‘(1) falsely makes, forges, counterfeits, muti-
lates, or alters any passport or instrument pur-
porting to be a passport, with intent that the same 
may be used; or 
‘‘(2) knowingly uses, or attempts to use, or fur-
nishes to another for use any such false, forged, 
counterfeited, mutilated, or altered passport or in-
strument purporting to be a passport, or any pass-
port validly issued which has become void by the oc-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00167
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
168 
currence of any condition therein prescribed invali-
dating the same; 
shall be imprisoned not more than 15 years. 
‘‘§ 313. Misuse of passport 
‘‘Whoever— 
‘‘(1) knowingly uses, or attempts to use, any 
passport issued or designed for the use of another; 
‘‘(2) knowingly uses or attempts to use any 
passport in violation of the conditions or restrictions 
therein contained, or of the rules prescribed pursu-
ant to the laws regulating the issuance of passports; 
or 
‘‘(3) knowingly furnishes, disposes of, or deliv-
ers a passport to any person, for use by another 
than the person for whose use it was originally 
issued and designed; 
shall be imprisoned not more than 15 years. 
‘‘§ 314. Fraud and misuse of visas, permits, and other 
documents 
‘‘(a) FORGERY AND SIMILAR CONDUCT.—Whoever— 
‘‘(1) knowingly forges, counterfeits, alters, or 
falsely makes any immigrant or nonimmigrant visa, 
permit, border crossing card, alien registration re-
ceipt card, or other document prescribed by statute 
or regulation for entry into or as evidence of author-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
194 
‘‘(1) manufactures, distributes, or dispenses, or 
possesses with intent to manufacture, distribute, or 
dispense, a controlled substance; 
‘‘(2) creates, distributes, or dispenses, or pos-
sesses with intent to distribute or dispense, a coun-
terfeit substance; 
‘‘(3) imports or exports a controlled substance 
in violation of section 1002, 1003, or 1007 of the 
Controlled Substances Import and Export Act; 
‘‘(4) brings or possesses on board a vessel, air-
craft, or vehicle a controlled substance in violation of 
section 1005 of that Act; or 
‘‘(5) manufactures, possesses with intent to dis-
tribute, or distributes a controlled substance in viola-
tion of section 1009 of that Act; 
shall be punished as provided in this chapter. 
‘‘§ 403. Basic punishment structure 
‘‘(a) LARGE QUANTITIES OF MAJOR DRUGS.— 
‘‘(1) PRISON.—If the violation of section 402 
involves a large quantity of a major drug, the of-
fender shall be imprisoned not less than ten years, 
or for life. If the offender is a repeat offender or if 
death or serious bodily injury results to any person 
from the offense, the term shall not be less than 20 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00194
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
195 
years. If the offender is a career offender, the term 
shall be life. 
‘‘(2) FINE.—An offender to whom paragraph 
(1) 
applies 
shall 
be 
fined 
not 
more 
than 
$10,000,000, and if the offender is a repeat of-
fender, not more than $20,000,000. 
‘‘(3) SUPERVISED
RELEASE.—An offender to 
whom paragraph (1) applies shall be sentenced to 
supervised release for a period of at least 5 years, 
but if the offender is a repeat offender, for a period 
of 10 years. 
‘‘(b) 
SUBSTANTIAL
QUANTITIES
OF
MAJOR 
DRUGS.— 
‘‘(1) PRISON.—If the violation of section 402 
involves a substantial quantity of a major drug, the 
offender shall be imprisoned not less than five years 
nor more than 40 years, but if death or serious bod-
ily injury results to any person from the offense, not 
less than 20 years, or for life. If the offender is a 
repeat offender, the term shall not be less than 10 
years, or life, but if death or serious bodily injury 
results to any person from the offense, the term 
shall be life. 
‘‘(2) FINE.—An offender to whom paragraph 
(1) applies shall be fined not more than $5,000,000 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00195
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
244 
if such violation were a violation of a provision of section 
410. 
‘‘§ 417. Controlled substances import and export list-
ed chemical offenses 
‘‘Whoever knowingly— 
‘‘(1) imports or exports a listed chemical with 
intent to manufacture a controlled substance in vio-
lation of this chapter, the Controlled Substances 
Act, or the Controlled Substances Import and Ex-
port Act; 
‘‘(2) exports a listed chemical in violation of the 
laws of the country to which the chemical is ex-
ported or serves as a broker or trader for an inter-
national transaction involving a listed chemical, if 
the transaction is in violation of the laws of the 
country to which the chemical is exported; 
‘‘(3) imports or exports a listed chemical know-
ing, or having reasonable cause to believe, that the 
chemical will be used to manufacture a controlled 
substance in violation of this chapter, the Controlled 
Substances Act, or the Controlled Substances Im-
port or Export Act; 
‘‘(4) exports a listed chemical, or serves as a 
broker or trader for an international transaction in-
volving a listed chemical, knowing, or having reason-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00244
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS