RL33035 - Order Code RL33035 CRS Report for Congress...

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Unformatted text preview: Order Code RL33035 CRS Report for Congress Received through the CRS Web Material Support of Terrorists and Foreign Terrorist Organizations: Sunset Amendments August 11, 2005 Charles Doyle Senior Spet American Law Division ________________________________________________________________________________________________________________________________________________________ Congressional Research Service ˜ The Library of Congress Summary Section 6603 of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) temporarily amended two federal terrorist assistance prohibitions. Those amendments expire on December 31, 2006, P.L. 108-458, 118 Stat. 3762-764 (2004). Under the provisions of H.R. 3199, as passed by the House, and S. 1389, as passed by the Senate, the amendments would become permanent. In response to court decisions that found certain of their central terms unconstitutionally vague, section 6603 amended the federal statutes that outlaw assistance to terrorists and foreign terrorist organizations, 18 U.S.C. 2339A, 2339B. Initial judicial reaction suggests they may still be considered vague. Section 6603 temporarily rejected a narrow construction of the knowledge requirements under section 2339B, an interpretation which might have dissipated any vagueness problems. Section 6603 expanded the overseas application of section 2339B as well. It permits federal prosecution of an act proscribed in section 2339B and committed entirely abroad by a foreign national if the offender can be brought to this country for trial. Section 2339A outlaws providing material support or resources with the intent that they be used for the commission of certain predicate terrorism offenses. Section 6603 enlarged the list of predicate offenses to include any federal crime of terrorism (18 U.S.C. 2332b(g)(5)(B)) and added two crimes to the list, 18 U.S.C. 1361 (destruction of federal property) and 18 U.S.C. 2156 (production of defective national defense material). Finally, section 6603 added an immunity provision under which an individual or entity who provides assistance in violation of section 2339B may not be prosecuted in certain instances if the offense was committed with the prior approval of the Secretary of State and the Attorney General. This report appears in abridged form – without footnotes, appendix, and some citations to authority – as CRS Report RS22222, Material Support of Terrorists and Foreign Terrorist Organizations: Expiring Amendments in Brief . Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Material Support: Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Material Support: Knowledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Material Support: Overseas Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Federal Crimes of Terrorism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Federal Crimes of Terrorism ....
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This note was uploaded on 04/02/2008 for the course LS 109 taught by Professor Kutz during the Spring '08 term at Berkeley.

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RL33035 - Order Code RL33035 CRS Report for Congress...

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