Terrorist Material Support: A Sketch of 18 U.S.C. 2339A and 2339B

Summary

The material support statutes, 18 U.S.C. 2339A and 2339B, have been among the most frequently prosecuted federal anti-terrorism statutes. Section 2339A outlaws:

(1)(a) attempting to,

(b) conspiring to, or

(c) actually

(2)(a) providing material support or resources, or

(b) concealing or disguising

(i) the nature,

(ii) location,

(iii) source, or

(iv) ownership

of material support or resources

(3) knowing or intending that they be used

(a) in preparation for,

(b) in carrying out,

(c) in preparation for concealment of an escape from, or

(d) in carrying out the concealment of an escape from

(4) an offense identified as a federal crime of terrorism.

Section 2339B outlaws:

(1)(a) attempting to provide,

(b) conspiring to provide, or

(c) actually providing

(2) material support or resources

(3) to a foreign terrorist organization

(4) knowing that the organization

(a) has been designated a foreign terrorist organization, or

(b) engages, or has engaged, in “terrorism” or “terrorist activity.”

The sections use a common definition for the term “material support or resources:” any service or tangible or intangible property. The Supreme Court recently held that the forms of material support in the challenge before it were not unconstitutionally vague nor was their proscription inconsistent with the First Amendment’s freedom of speech and freedom of association requirements. Violations of either section are punishable by imprisonment for not more than 15 years. Although neither section creates a civil cause of action for victims, treble damages and attorneys fees may be available for some victims under 18 U.S.C. 2333. Section 2339B has two extraterritorial jurisdiction provisions. One is general (there is extraterritorial jurisdiction over an offense under this section) and the other descriptive (there is extraterritorial jurisdiction over an offender under this section if the offender is a U.S. national, etc.). Section 2339A has no such provisions, but is likely applicable at a minimum when an offender or victim is a U.S. national; the offense has an impact in the United States; the offense is committed against U.S. national interests; or the offense is universally condemned. This an abridged version of CRS Report R41333, Terrorist Material Support: An Overview of 18 U.S.C. 2339A and 2339B, without the footnotes, citations to authority, and appendixes found in the longer report.