Amendments to the Prohibition on Material Support of Terrorist Organizations
Congressional Efforts to Avoid Constitutional Violations
Section 6603 of the Intelligence Reform and Prevention of Terrorism Act made several amendments to section 2339A and 2339B of the U.S. Criminal Code in response to judicial decisions that either found these sections unconstitutionally vague or suggested a demanding mens rea (knowledge) requirement. Section 2339A contains a definition of “material support or resources” that applies to both sections. Some courts had been particularly troubled by the uncertain sweep of the terms “training,” “personnel,” and “expert advice or assistance” used in the definition. The Ninth Circuit, for instance, had found the terms unconstitutionally vague — “personnel” because the term…
