118 STAT. 3763 PUBLIC LAW 108–458—DEC. 17, 2004 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).’’. (d) FEDERAL AUTHORITY.—Section 2339B(d) of title 18 is amended by striking ‘‘There’’ and inserting the following: ‘‘(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 resi- dence 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 juris- diction 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’’. (e) DEFINITION.—Section 2339B(g)(4) of title 18, United States Code, is amended to read as follows: ‘‘(4) the term ‘material support or resources’ has the same meaning given that term in section 2339A (including the defini- tions of ‘training’ and ‘expert advice or assistance’ in that section);’’. (f) ADDITIONAL PROVISIONS.—Section 2339B of title 18, United States Code, is amended by adding at the end the following: ‘‘(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 con- spired 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 consid- ered to be working under the foreign terrorist organization’s direc- tion 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. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00297 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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