ADDITIONS TO OFFENSE OF PROVIDING MATERIAL SUPPORT TO TERRORISM.

SEC. 6603. ADDITIONS TO OFFENSE OF PROVIDING MATERIAL SUPPORT TO TERRORISM.(a) In General.—Chapter 113B of title 18, United States Code, is amended—(1) in section 2332b(g)(5)(B)(i)—(A) by inserting “1361 (relating to government property or contracts),” before “1362”; and(B) by inserting “2156 (relating to national defense material, premises, or utilities),” before “2280”; and(2) in section 2339A—(A) by striking “or” before “section 46502”; and(B) by inserting “or any offense listed in section 2332b(g)(5)(B) (except for sections 2339A and 2339B)” after “section 60123(b) of title 49,”.(b) Definitions.—Section 2339A(b) of title 18, United States Code, is amended to read as follows:“(b) Definitions.—As used in this section—“(1) the term ‘material support or resources’ means any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, 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 opposed to general knowledge; and “(3) the term ‘expert advice or assistance’ means advice or assistance derived from scientific, technical or other specialized knowledge.”.(c) Addition to Offense of Providing Material Support to Terrorist Organizations.—Section 2339B(a)(1) of title 18, United States Code, is amended—(1) by striking “, within the United States or subject to the jurisdiction of the United States,”; and(2) by adding at the end the following: “To violate this paragraph, a person must have knowledge that the organization 118 STAT. 3763 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 residence is in the United States;“(C) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States;“(D) the offense occurs in whole or in part within the United States;“(E) the offense occurs in or affects interstate or foreign commerce; or“(F) an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a).”.“(2) Extraterritorial jurisdiction.—There”.(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 definitions 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 conspired to provide a foreign terrorist organization with 1 or more individuals (who may be or include himself) to work under that terrorist organization’s direction or control or to organize, manage, supervise, or otherwise direct the operation of that organization. Individuals who act entirely independently of the foreign terrorist organization to advance its goals or objectives shall not be considered to be working under the foreign terrorist organization’s direction and control.“(i) Rule of Construction.—Nothing in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the First Amendment to the Constitution of the United States.118 STAT. 3764“(j) Exception.—No person may be prosecuted under this section in connection with the term ‘personnel’, ‘training’, or ‘expert advice or assistance’ if the provision of that material support or resources to a foreign terrorist organization was approved by the Secretary of State with the concurrence of the Attorney General. The Secretary of State may not approve the provision of any material support that may be used to carry out terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act).”.(g) Sunset Provision.—(1) In general.—Except as provided in paragraph (2), this section and the amendments made by this section shall cease to be effective on December 31, 2006.(2) Exception.—This section and the amendments made by this section shall continue in effect with respect to any particular offense that—(A) is prohibited by this section or amendments made by this section; and(B) began or occurred before December 31, 2006.