Calendar No. 645
108th CONGRESS
2d Session
S. 2679
To strengthen anti-terrorism investigative tools, promote information
sharing, punish terrorist offenses, and for other purposes.
IN THE SENATE OF THE UNITED STATES
July 16, 2004
Mr. KYL (for himself, Mr. CORNYN, Mr. NICKLES, Mr. CHAMBLISS, Mr. SESSIONS,
Mr. FRIST, and Mr. MCCONNELL) introduced the following bill; which was read
the first time
July 19, 2004
Read the second time and placed on the calendar
A BILL
To strengthen anti-terrorism investigative tools, promote information
sharing, punish terrorist offenses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; AND TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Tools to Fight Terrorism Act
of 2004'.
(b) TABLE OF CONTENTS- The table of contents is as follows:
Sec. 1. Short title; and table of contents.
TITLE I--ANTI-TERRORISM INVESTIGATIVE TOOLS IMPROVEMENT ACT
Sec. 102. Fisa warrants for lone-wolf terrorists.
Sec. 103. Adding terrorist offenses to statutory presumption of no bail.
Sec. 104. Making terrorists eligible for lifetime post-release supervision.
Sec. 105. Judicially enforceable subpoenas in terrorism investigations.
Sec. 106. Hoaxes relating to terrorist offenses.
Sec. 107. Increased penalties for obstruction of justice in terrorism cases.
Sec. 108. Automatic permission for ex parte requests for protection under
the classified information procedures act.
Sec. 109. Use of fisa information in immigration proceedings.
Sec. 110. Expanded death penalty for terrorist murders.
Sec. 111. Denial of Federal benefits to convicted terrorists.
Sec. 112. Uniform standards for information sharing across Federal agencies.
Sec. 113. Authorization to share national-security and grand-jury information
with State and local governments.
Sec. 114. Providing material support to terrorism.
Sec. 115. Receiving military-type training from a foreign terrorist organization.
Sec. 116. Weapons of mass destruction.
Sec. 117. Participation in nuclear and weapons of mass destruction threats
to the United States.
TITLE II--PREVENTION OF TERRORIST ACCESS TO SPECIAL WEAPONS ACT
Sec. 202. Missile systems designed to destroy aircraft.
Sec. 203. Atomic weapons.
Sec. 204. Radiological dispersal devices.
Sec. 206. Interception of communications.
Sec. 207. Amendments to section 2332b(g)(5)(B) of title 18, United States
Code.
Sec. 208. Amendments to section 1956(c)(7)(D) of title 18, United States
Code.
Sec. 209. Export licensing process.
Sec. 210. Clerical amendments.
TITLE III--RAILROAD CARRIERS AND MASS TRANSPORTATION PROTECTION ACT
Sec. 302. Attacks against railroad carriers and mass transportation systems.
TITLE IV--REDUCING CRIME AND TERRORISM AT AMERICA'S SEAPORTS ACT
Sec. 402. Entry by false pretenses to any seaport.
Sec. 403. Criminal sanctions for failure to heave to, obstruction of boarding,
or providing false information.
Sec. 404. Use of a dangerous weapon or explosive on a passenger vessel.
Sec. 405. Criminal sanctions for violence against maritime navigation, placement
of destructive devices, and malicious dumping.
Sec. 406. Transportation of dangerous materials and terrorists.
Sec. 407. Destruction or interference with vessels or maritime facilities.
Sec. 408. Theft of interstate or foreign shipments or vessels.
Sec. 409. Increased penalties for noncompliance with manifest requirements.
Sec. 410. Stowaways on vessels or aircraft.
Sec. 411. Bribery affecting port security.
TITLE V--COMBATING MONEY LAUNDERING AND TERRORIST FINANCING ACT
Sec. 502. Specified activities for money laundering.
Sec. 503. Illegal money transmitting businesses.
Sec. 504. Assets of persons committing terrorist acts against foreign countries
or international organizations.
Sec. 505. Money laundering through informal value transfer systems.
Sec. 506. Financing of terrorism.
Sec. 507. Miscellaneous and technical amendments.
TITLE I--ANTI-TERRORISM INVESTIGATIVE TOOLS IMPROVEMENT ACT
SEC. 101. SHORT TITLE.
This title may be cited as the `Anti-terrorism Investigative Tools Improvement
Act of 2004'.
SEC. 102. FISA WARRANTS FOR LONE-WOLF TERRORISTS.
Section 101(b)(1) of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801(b)(1)) is amended by adding at the end the following:
`(C) engages in international terrorism or activities in preparation therefore;
or'.
SEC. 103. ADDING TERRORIST OFFENSES TO STATUTORY PRESUMPTION OF NO BAIL.
Section 3142 of title 18, United States Code, is amended--
(1) in the flush language at the end of subsection (e) by inserting before
the period at the end the following: `, or an offense listed in section
2332b(g)(5)(B) of title 18 of the United States Code, if the Attorney General
certifies that the offense appears by its nature or context to be intended
to intimidate or coerce a civilian population, to influence the policy of
a government by intimidation or coercion, or to affect the conduct of a
government by mass destruction, assassination, or kidnaping, or an offense
involved in or related to domestic or international terrorism as defined
in section 2331 of title 18 of the United States Code'; and
(2) in subsections (f)(1)(A) and (g)(1), by inserting after `violence' the
following: `or an offense listed in section 2332b(g)(5)(B) of title 18 of
the United States Code, if the Attorney General certifies that the offense
appears by its nature or context to be intended to intimidate or coerce
a civilian population, to influence the policy of a government by intimidation
or coercion, or to affect the conduct of a government by mass destruction,
assassination, or kidnaping, or an offense involved in or related to domestic
or international terrorism as defined in section 2331 of title 18 of the
United States Code,'.
SEC. 104. MAKING TERRORISTS ELIGIBLE FOR LIFETIME POST-RELEASE SUPERVISION.
Section 3583(j) of title 18, United States Code, is amended by striking `,
the commission' and all that follows through `person,'.
SEC. 105. JUDICIALLY ENFORCEABLE SUBPOENAS IN TERRORISM INVESTIGATIONS.
(a) IN GENERAL- Chapter 113B of title 18, United States Code, is amended by
inserting after section 2332f the following:
`Sec. 2332g. Judicially enforceable terrorism subpoenas
`(a) AUTHORIZATION OF USE-
`(1) IN GENERAL- In any investigation concerning a Federal crime of terrorism
(as defined under section 2332b(g)(5)), the Attorney General may issue in
writing and cause to be served a subpoena requiring the production of any
records or other materials that the Attorney General finds relevant to the
investigation, or requiring testimony by the custodian of the materials
to be produced concerning the production and authenticity of those materials.
`(2) CONTENTS- A subpoena issued under paragraph (1) shall describe the
records or items required to be produced and prescribe a return date within
a reasonable period of time within which the records or items can be assembled
and made available.
`(3) ATTENDANCE OF WITNESSES AND PRODUCTION OF RECORDS-
`(A) IN GENERAL- The attendance of witnesses and the production of records
may be required from any place in any State, or in any territory or other
place subject to the jurisdiction of the United States at any designated
place of hearing.
`(B) LIMITATION- A witness shall not be required to appear at any hearing
more than 500 miles distant from the place where he was served with a
subpoena.
`(C) REIMBURSEMENT- Witnesses summoned under this section shall be paid
the same fees and mileage that are paid to witnesses in the courts of
the United States.
`(1) IN GENERAL- A subpoena issued under this section may be served by any
person designated in the subpoena as the agent of service.
`(2) SERVICE OF SUBPOENA-
`(A) NATURAL PERSON- Service of a subpoena upon a natural person may be
made by personal delivery of the subpoena to that person, or by certified
mail with return receipt requested.
`(B) BUSINESS ENTITIES AND ASSOCIATIONS- Service of a subpoena may be
made upon a domestic or foreign corporation, or upon a partnership or
other unincorporated association that is subject to suit under a common
name, by delivering the subpoena to an officer, to a managing or general
agent, or to any other agent authorized by appointment or by law to receive
service of process.
`(C) PROOF OF SERVICE- The affidavit of the person serving the subpoena
entered by that person on a true copy thereof shall be sufficient proof
of service.
`(1) IN GENERAL- In the case of the contumacy by, or refusal to obey a subpoena
issued to, any person, the Attorney General may invoke the aid of any court
of the United States within the jurisdiction of which the investigation
is carried on, or the subpoenaed person resides, carries on business, or
may be found, to compel compliance with the subpoena.
`(2) ORDER- A court of the United States described under paragraph (1) may
issue an order requiring the subpoenaed person, in accordance with the subpoena,
to appear, to produce records, or to give testimony touching the matter
under investigation. Any failure to obey the order of the court may be punished
by the court as contempt thereof.
`(3) SERVICE OF PROCESS- Any process under this subsection may be served
in any judicial district in which the person may be found.
`(d) NONDISCLOSURE REQUIREMENT-
`(1) IN GENERAL- If the Attorney General certifies that otherwise there
may result a danger to the national security of the United States, no person
shall disclose to any other person that a subpoena was received or records
were provided pursuant to this section, other than to--
`(A) those persons to whom such disclosure is necessary in order to comply
with the subpoena;
`(B) an attorney to obtain legal advice with respect to testimony or the
production of records in response to the subpoena; or
`(C) other persons as permitted by the Attorney General.
`(2) NOTICE OF NONDISCLOSURE REQUIREMENT- The subpoena, or an officer, employee,
or agency of the United States in writing, shall notify the person to whom
the subpoena is directed of the nondisclosure requirements under paragraph
(1).
`(3) FURTHER APPLICABILITY OF NONDISCLOSURE REQUIREMENTS- Any person who
receives a disclosure under this subsection shall be subject to the same
prohibitions on disclosure under paragraph (1).
`(4) ENFORCEMENT OF NONDISCLOSURE REQUIREMENT- Whoever knowingly violates
paragraphs (1) or (3) shall be imprisoned for not more than 1 year, and
if the violation is committed with the intent to obstruct an investigation
or judicial proceeding, shall be imprisoned for not more than 5 years.
`(5) TERMINATION OF NONDISCLOSURE REQUIREMENT- If the Attorney General concludes
that a nondisclosure requirement no longer is justified by a danger to the
national security of the United States, an officer, employee, or agency
of the United States shall notify the relevant person that the prohibition
of disclosure is no longer applicable.
`(1) IN GENERAL- At any time before the return date specified in a summons
issued under this section, the person or entity summoned may, in the United
States district court for the district in which that person or entity does
business or resides, petition for an order modifying or setting aside the
summons.
`(2) MODIFICATION OF NONDISCLOSURE REQUIREMENT- Any court described under
paragraph (1) may modify or set aside a nondisclosure requirement imposed
under subsection (d) at the request of a person to whom a subpoena has been
directed, unless there is reason to believe that the nondisclosure requirement
is justified because otherwise there may result a danger to the national
security of the United States.
`(3) REVIEW OF GOVERNMENT SUBMISSIONS- In all proceedings under this subsection,
the court shall review the submission of the Federal Government, which may
include classified information, ex parte and in camera.
`(f) IMMUNITY FROM CIVIL LIABILITY- Any person, including officers, agents,
and employees of a non-natural person, who in good faith produce the records
or items requested in a subpoena, shall not be liable in any court of any
State or the United States to any customer or other person for such production,
or for nondisclosure of that production to the customer or other person.
`(g) GUIDELINES- The Attorney General shall, by rule, establish such guidelines
as are necessary to ensure the effective implementation of this section.'.
(b) AMENDMENT TO TABLE OF SECTIONS- The table of sections of chapter 113B
of title 18, United States Code, is amended by inserting after the item relating
to section 2332f the following:
`2332g. Judicially enforceable terrorism subpoenas.'.
SEC. 106. HOAXES RELATING TO TERRORIST OFFENSES.
(a) PROHIBITION ON HOAXES- Chapter 47 of title 18, United States Code, is
amended by inserting after section 1037 the following:
`Sec. 1038. False information and hoaxes
`(1) IN GENERAL- Whoever engages in any conduct with intent to convey false
or misleading information under circumstances where such information may
reasonably be believed, and where such information indicates that an activity
has taken, is taking, or will take place that would constitute an offense
listed under section 2332b(g)(5)(B) of this title--
`(A) be fined under this title or imprisoned not more than 5 years, or
both;
`(B) if serious bodily injury (as defined in section 1365 of this title,
including any conduct that, if the conduct occurred in the special maritime
and territorial jurisdiction of the United States, would violate section
2241 or 2242 of this title) results, be fined under this title or imprisoned
not more than 25 years, or both; and
`(C) if death results, shall be punished by death or imprisoned for any
term of years or for life.
`(2) ARMED FORCES- Whoever, without lawful authority, makes a false statement,
with intent to convey false or misleading information, about the death,
injury, capture, or disappearance of a member of the Armed Forces of the
United States during a war or armed conflict in which the United States
is engaged, shall--
`(A) be fined under this title or imprisoned not more than 5 years, or
both;
`(B) if serious bodily injury (as defined in section 1365 of this title,
including any conduct that, if the conduct occurred in the special maritime
and territorial jurisdiction of the United States, would violate section
2241 or 2242 of this title) results, be fined under this title or imprisoned
not more than 25 years, or both; and
`(C) if death results, shall be punished by death or imprisoned for any
term of years or for life.
`(b) CIVIL ACTION- Whoever knowingly engages in any conduct with intent to
convey false or misleading information under circumstances where such information
may reasonably be believed and where such information indicates that an activity
has taken, is taking, or will take place that would constitute a violation
of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of this title, section 236
of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the second
sentence of section 46504, section 46505 (b)(3) or (c), section 46506 if homicide
or attempted homicide is involved, or section 60123(b) of title 49 is liable
in a civil action to any party incurring expenses incident to any emergency
or investigative response to that conduct, for those expenses.
`(1) IN GENERAL- The court, in imposing a sentence on a defendant who has
been convicted of an offense under subsection (a), shall order the defendant
to reimburse any party incurring expenses incident to any emergency or investigative
response to that conduct, for those expenses.
`(2) LIABILITY- A person ordered to make reimbursement under this subsection
shall be jointly and severally liable for such expenses with each other
person, if any, who is ordered to make reimbursement under this subsection
for the same expenses.
`(3) CIVIL JUDGMENT- An order of reimbursement under this subsection shall,
for the purposes of enforcement, be treated as a civil judgment.
`(d) ACTIVITIES OF LAW ENFORCEMENT- This section shall not prohibit any lawfully
authorized investigative, protective, or intelligence activity of a law enforcement
agency of the United States, a State, or political subdivision of a State,
or of an intelligence agency of the United States.'.
(b) CLERICAL AMENDMENT- The table of sections of chapter 47 of title 18, United
States Code, is amended by adding after the item relating to section 1037
the following:
`1038. False information and hoaxes.'.
SEC. 107. INCREASED PENALTIES FOR OBSTRUCTION OF JUSTICE IN TERRORISM CASES.
(a) ENHANCED PENALTY- Sections 1001(a) and 1505 of title 18, United States
Code, are amended by striking `be fined under this title or imprisoned not
more than 5 years, or both' and inserting `be fined under this title, imprisoned
not more than 5 years or, if the matter relates to international or domestic
terrorism (as defined in section 2331), imprisoned not more than 10 years,
or both'.
(b) SENTENCING GUIDELINES- Not later than 30 days after the date of enactment
of this section, the United States Sentencing Commission shall amend the Sentencing
Guidelines to provide for an increased offense level for an offense under
sections 1001(a) and 1505 of title 18, United States Code, if the offense
involves a matter relating to international or domestic terrorism, as defined
in section 2331 of such title.
SEC. 108. AUTOMATIC PERMISSION FOR EX PARTE REQUESTS FOR PROTECTION UNDER
THE CLASSIFIED INFORMATION PROCEDURES ACT.
The second sentence of section 4 of the Classified Information Procedures
Act (18 U.S.C. App. 3) is amended--
(1) by striking `may' and inserting `shall'; and
(2) by striking `a written statement to be inspected' and inserting `a statement
to be considered'.
SEC. 109. USE OF FISA INFORMATION IN IMMIGRATION PROCEEDINGS.
The following provisions of the Foreign Intelligence Surveillance Act of 1978
are each amended by inserting `(other than in civil proceedings or other civil
matters under the immigration laws (as that term is defined in section 101(a)(17)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)))' after `authority
of the United States':
(1) Subsections (c), (e), and (f) of section 106 (50 U.S.C. 1806).
(2) Subsections (d), (f), and (g) of section 305 (50 U.S.C. 1825).
(3) Subsections (c), (e), and (f) of section 405 (50 U.S.C. 1845).
SEC. 110. EXPANDED DEATH PENALTY FOR TERRORIST MURDERS.
(a) IN GENERAL- Chapter 113B of title 18, United States Code, is amended by
adding at the end the following:
`Sec. 2339D. Terrorist offenses resulting in death
`(a) PENALTY- A person who, in the course of committing a terrorist offense,
engages in conduct that results in the death of a person, shall be punished
by death, or imprisoned for any term of years or for life.
`(b) TERRORIST OFFENSE DEFINED- In this section, the term `terrorist offense'
means--
`(1) international or domestic terrorism as defined in section 2331;
`(2) a Federal crime of terrorism as defined in section 2332b(g);
`(B) section 175, 175b, 229, or 831; or
`(C) section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284); or
`(4) an attempt or conspiracy to commit an offense described in paragraph
(1), (2), or (3).'.
(b) CHAPTER ANALYSIS- The table of sections of chapter 113B of title 18, United
States Code, is amended by inserting at the end the following:
`2339D. Terrorist offenses resulting in death.'.
(1) IN GENERAL- Section 3591(a)(1) of title 18, United States Code, is amended
by striking `or section 2381' and inserting `, 2339D, or 2381'.
(2) CONFORMING AMENDMENT- Section 3592(b) of title 18, United States Code,
is amended--
(A) in the section heading, by striking `AND TREASON' and inserting `,
TREASON, AND TERRORISM'; and
(i) in the section heading, by striking `OR TREASON' and inserting `,
TREASON, OR TERRORISM'; and
(ii) by striking `or treason' and inserting `, treason, or terrorism'.
(d) DEATH PENALTY IN CERTAIN AIR PIRACY CASES- Section 60003(b) of the Violent
Crime Control and Law Enforcement Act of 1994, (Public Law 103-322), is amended,
as of the time of its enactment, by adding at the end the following:
`(2) DEATH PENALTY PROCEDURES FOR CERTAIN PREVIOUS AIRCRAFT PIRACY VIOLATIONS-
An individual convicted of violating section 46502 of title 49, United States
Code, or its predecessor, may be sentenced to death in accordance with the
procedures established in chapter 228 of title 18, United States Code, if
for any offense committed before the enactment of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), but after the enactment
of the Antihijacking Act of 1974 (Public Law 93-366), it is determined by
the finder of fact, before consideration of the factors set forth in sections
3591(a)(2) and 3592(a) and (c) of title 18, United States Code, that one
or more of the factors set forth in former section 46503(c)(2) of title
49, United States Code, or its predecessor, has been proven by the Government
to exist, beyond a reasonable doubt, and that none of the factors set forth
in former section 46503(c)(1) of title 49, United States Code, or its predecessor,
has been proven by the defendant to exist, by a preponderance of the information.
The meaning of the term `especially heinous, cruel, or depraved', as used
in the factor set forth in former section 46503(c)(2)(B)(iv) of title 49,
United States Code, or its predecessor, shall be narrowed by adding the
limiting language `in that it involved torture or serious physical abuse
to the victim', and shall be construed as when that term is used in section
3592(c)(6) of title 18, United States Code.'.
SEC. 111. DENIAL OF FEDERAL BENEFITS TO CONVICTED TERRORISTS.
(a) IN GENERAL- Chapter 113B of title 18, United States Code, as amended by
this Act, is further amended by adding at the end the following:
`Sec. 2339E. Denial of Federal benefits to terrorists
`(a) IN GENERAL- Any individual who is convicted of a Federal crime of terrorism
(as defined in section 2332b(g)) shall, as provided by the court on motion
of the Government, be ineligible for any or all Federal benefits for any term
of years or for life.
`(b) FEDERAL BENEFIT DEFINED- As used in this section, `Federal benefit' has
the meaning given that term in section 421(d) of the Controlled Substances
Act (21 U.S.C. 862(d)).'.
(b) CHAPTER ANALYSIS- The table of sections of chapter 113B of title 18, United
States Code, is amended by inserting at the end the following:
`2339E. Denial of Federal benefits to terrorists.'.
SEC. 112. UNIFORM STANDARDS FOR INFORMATION SHARING ACROSS FEDERAL AGENCIES.
(a) TELEPHONE RECORDS- Section 2709(d) of title 18, United States Code, is
amended by striking `for foreign' and all that follows through `such agency'.
(b) CONSUMER INFORMATION UNDER 15 U.S.C. 1681u- Section 625(f) of the Fair
Credit Reporting Act (15 U.S.C. 1681u(f)) is amended to read as follows:
`(f) DISSEMINATION OF INFORMATION- The Federal Bureau of Investigation may
disseminate information obtained pursuant to this section only as provided
in guidelines approved by the Attorney General.'.
(c) CONSUMER INFORMATION UNDER 15 U.S.C. 1681v- Section 626 of the Fair Credit
Reporting Act (15 U.S.C. 1681v) is amended--
(1) by redesignating subsections (d) and (e) as subsections (e) and (f),
respectively; and
(2) by inserting after subsection (c) the following:
`(d) DISSEMINATION OF INFORMATION- The Federal Bureau of Investigation may
disseminate information obtained pursuant to this section only as provided
in guidelines approved by the Attorney General.'.
(d) FINANCIAL RECORDS- Section 1114(a)(5)(B) of the Right to Financial Privacy
Act (12 U.S.C. 3414(a)(5)(B)) is amended by striking `for foreign' and all
that follows through `such agency'.
(e) RECORDS CONCERNING CERTAIN GOVERNMENT EMPLOYEES- Section 802(e) of the
National Security Act of 1947 (50 U.S.C. 436(e)) is amended--
(1) by striking `An agency' and inserting the following: `The Federal Bureau
of Investigation may disseminate records or information received pursuant
to a request under this section only as provided in guidelines approved
by the Attorney General. Any other agency'; and
(2) in paragraph (3), by striking `clearly'.
SEC. 113. AUTHORIZATION TO SHARE NATIONAL-SECURITY AND GRAND-JURY INFORMATION
WITH STATE AND LOCAL GOVERNMENTS.
(a) INFORMATION OBTAINED IN NATIONAL SECURITY INVESTIGATIONS- Section 203(d)
of the USA PATRIOT ACT (50 U.S.C. 403-5d) is amended--
(1) in paragraph (1), by striking `criminal investigation' each place it
appears and inserting `criminal or national security investigation'; and
(2) by amending paragraph (2) to read as follows:
`(2) DEFINITIONS- As used in this subsection--
`(A) the term `foreign intelligence information' means--
`(i) information, whether or not concerning a United States person,
that relates to the ability of the United States to protect against--
`(I) actual or potential attack or other grave hostile acts of a foreign
power or an agent of a foreign power;
`(II) sabotage or international terrorism by a foreign power or an
agent of a foreign power; or
`(III) clandestine intelligence activities by an intelligence service
or network of a foreign power or by an agent of a foreign power; or
`(ii) information, whether or not concerning a United States person,
with respect to a foreign power or foreign territory that relates to--
`(I) the national defense or the security of the United States; or
`(II) the conduct of the foreign affairs of the United States; and
`(B) the term `national security investigation'--
`(i) means any investigative activity to protect the national security;
and
`(I) counterintelligence and the collection of intelligence (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C. 401a));
and
`(II) the collection of foreign intelligence information.'.
(b) RULE AMENDMENTS- Rule 6(e) of the Federal Rules of Criminal Procedure
is amended--
(A) in subparagraph (A)(ii), by striking `or state subdivision or of an
Indian tribe' and inserting `, state subdivision, Indian tribe, or foreign
government';
(B) in subparagraph (D)--
(i) by inserting after the first sentence the following: `An attorney
for the government may also disclose any grand-jury matter involving
a threat of actual or potential attack or other grave hostile acts of
a foreign power or an agent of a foreign power, domestic or international
sabotage, domestic or international terrorism, or clandestine intelligence
gathering activities by an intelligence service or network of a foreign
power or by an agent of a foreign
power, within the United States or elsewhere, to any appropriate Federal,
State, state subdivision, Indian tribal, or foreign government official for
the purpose of preventing or responding to such a threat.'; and
(I) by striking `federal'; and
(II) by adding at the end the following: `Any State, state subdivision,
Indian tribal, or foreign government official who receives information
under Rule 6(e)(3)(D) may use the information only consistent with
such guidelines as the Attorney General and Director of Central Intelligence
shall jointly issue.'; and
(C) in subparagraph (E)--
(i) by redesignating clauses (iii) and (iv) as clauses (iv) and (v),
respectively;
(ii) by inserting after clause (ii) the following:
`(iii) at the request of the government, when sought by a foreign court
or prosecutor for use in an official criminal investigation; '; and
(iii) in clause (iv), as redesignated--
(I) by striking `state or Indian tribal' and inserting `State, Indian
tribal, or foreign'; and
(II) by striking `or Indian tribal official' and inserting `Indian
tribal, or foreign government official'; and
(2) in paragraph (7), by inserting `, or of guidelines jointly issued by
the Attorney General and Director of Central Intelligence pursuant to Rule
6,' after `Rule 6'.
(c) CONFORMING AMENDMENT- Section 203(c) of the USA PATRIOT ACT (18 U.S.C.
2517 note) is amended by striking `Rule 6(e)(3)(C)(i)(V) and (VI)' and inserting
`Rule 6(e)(3)(D)'.
SEC. 114. PROVIDING MATERIAL SUPPORT TO TERRORISM.
(a) IN GENERAL- Section 2339A(a) of title 18, United States Code, is amended--
(1) by striking `Whoever' and inserting the following:
`(1) IN GENERAL- Any person who';
(2) by striking `A violation' and inserting the following:
`(3) PROSECUTION- A violation';
(3) by inserting after paragraph (1) the following:
`(A) IN GENERAL- Any person who provides material support or resources
or conceals or disguises the nature, location, source, or ownership of
material support or resources, knowing or intending that they are to be
used in preparation for, or in carrying out, an act of international or
domestic terrorism, or in the preparation for, or in carrying out, the
concealment or escape from the commission of any such act, or attempts
or conspires to do so, shall be punished as provided under paragraph (1)
for an offense under that paragraph.
`(B) JURISDICTION- There is Federal jurisdiction over an offense under
this paragraph if--
`(i) the offense occurs in or affects interstate or foreign commerce;
`(ii) the act of terrorism is an act of international or domestic terrorism
that violates the criminal law of the United States;
`(iii) the act of terrorism is an act of domestic terrorism that appears
to be intended to influence the policy, or affect the conduct, of the
Government of the United States or a foreign government;
`(iv) the act of terrorism is an act of international terrorism that
appears to be intended to influence the policy, or affect the conduct,
of the Government of the United States or a foreign government, and
an offender, acting within the United States or outside the territorial
jurisdiction of the United States, is--
`(I) 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));
`(II) an alien lawfully admitted for permanent residence in the United
States (as defined in section 101(a)(20) of such Act); or
`(III) a stateless person whose habitual residence is in the United
States;
`(v) the act of terrorism is an act of international terrorism that
appears to be intended to influence the policy, or affect the conduct,
of the Government of the United States or a foreign government, and
an offender, acting within the United States, is an alien;
`(vi) the act of terrorism is an act of international terrorism that
appears to be intended to influence the policy, or affect the conduct,
of the Government of the United States, and an offender, acting outside
the territorial jurisdiction of the United States, is an alien; or
`(vii) an offender aids or abets any person over whom jurisdiction exists
under this paragraph in committing an offense under this paragraph or
conspires with any person over whom jurisdiction exists under this paragraph
to commit an offense under this paragraph.'; and
(4) by inserting `act or' after `underlying'.
(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, rather than general knowledge; and
`(3) the term `expert advice or assistance' means advice or assistance derived
from scientific, technical, or other specialized knowledge.'.
(c) MATERIAL SUPPORT TO FOREIGN TERRORIST ORGANIZATION- Section 2339B(a)(1)
of title 18, United States Code, is amended--
(1) by striking `Whoever, within the United States or subject to the jurisdiction
of the United States,' and inserting the following:
`(A) IN GENERAL- Any person who'; and
(2) by adding at the end the following:
`(B) KNOWLEDGE REQUIREMENT- A person cannot violate this paragraph unless
the person has knowledge that the organization referred to in subparagraph
(A)--
`(i) is a terrorist organization;
`(ii) has engaged or engages in terrorist activity (as defined in section
212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B));
or
`(iii) has engaged or engages in terrorism (as defined in section 140(d)(2)
of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
(22 U.S.C. 2656f(d)(2)).'.
(d) JURISDICTION- Section 2339B(d) of title 18, United States Code, is amended
to read as follows:
`(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 such Act);
`(B) an offender is a stateless person whose habitual residence is in
the United States;
`(C) an offender is brought in or found in the United States after the
conduct required for the offense occurs, even if such conduct 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 is extraterritorial Federal jurisdiction
over an offense under this section.'.
(e) PROVISION OF PERSONNEL- Section 2339B of title 18, United States Code,
is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by adding after subsection (f) the following:
`(g) 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 that person) to work under
that terrorist organization's direction or control or to organize, manage,
supervise, or otherwise direct the operation of that organization. Any person
who acts 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 or control.'.
SEC. 115. RECEIVING MILITARY TYPE TRAINING FROM A FOREIGN TERRORIST ORGANIZATION.
(a) PROHIBITION AS TO CITIZENS AND RESIDENTS-
(1) IN GENERAL- Chapter 113B of title 18, United States Code, is amended
by adding after section 2339C the following:
`Sec. 2339E. Receiving military-type training from a foreign terrorist organization
`(1) IN GENERAL- Whoever knowingly receives military-type training from
or on behalf of any organization designated at the time of the training
by the Secretary of State under section 219(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)(1)) as a foreign terrorist organization,
shall be fined under this title, imprisoned for ten years, or both.
`(2) KNOWLEDGE REQUIREMENT- To violate paragraph (1), a person must have
knowledge that the organization is a designated terrorist organization (as
defined in subsection (c)(4)), that the organization has engaged or engages
in terrorist activity (as defined in section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)), 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 (22 U.S.C. 2656f(d)(2)).
`(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 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;
and
`(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 is extraterritorial Federal jurisdiction
over an offense under this section.
`(c) DEFINITIONS- In this section:
`(1) MILITARY-TYPE TRAINING- The term `military-type training' means training
in means or methods that can cause death or serious bodily injury, destroy
or damage property, or disrupt services to critical infrastructure, or training
on the use, storage, production, or assembly of any explosive, firearm or
other weapon, including any weapon of mass destruction (as defined in section
2232a(c)(2)).
`(2) SERIOUS BODILY INJURY- The term `serious bodily injury' has the meaning
given that term in section 1365(h)(3).
`(3) CRITICAL INFRASTRUCTURE- The term `critical infrastructure' means systems
and assets vital to national defense, national security, economic security,
public health, or safety, including both regional and national infrastructure.
Critical infrastructure may be publicly or privately owned. Examples of
critical infrastructure include gas and oil production, storage, or delivery
systems, water supply systems, telecommunications networks, electrical power
generation or delivery systems, financing and banking systems, emergency
services (including medical, police, fire, and rescue services), and transportation
systems and services (including highways, mass transit, airlines, and airports).
`(4) FOREIGN TERRORIST ORGANIZATION- The term `foreign terrorist organization'
means an organization designated as a terrorist organization under section
219 (a)(1) of the Immigration and Nationality Act (8 U.S.C. 1189(a)(1)).'.
(2) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter
113B of title 18, United States Code, is amended by adding at the end the
following:
`2339E. Receiving military-type training from a foreign terrorist organization.'.
(b) INADMISSIBILITY OF ALIENS WHO HAVE RECEIVED MILITARY-TYPE TRAINING FROM
TERRORIST ORGANIZATIONS- Section 212(a)(3)(B)(i) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended--
(1) by striking `is inadmissable. An alien who is an officer, official,
representative, or spokesman of the Palestine Liberation Organization is
considered, for purposes of this chapter, to be engaged in a terrorist activity.';
and
(2) by inserting after subclause (VII) the following:
`(VIII) has received military-type training (as defined in section
2339D(c)(1) of title 18, United States Code) from or on behalf of
any organization that, at the time the training was received, was
a terrorist organization under section 212(a)(3)(B)(vi),
is inadmissable. An alien who is an officer, official, representative,
or spokesman of the Palestine Liberation Organization is considered,
for purposes of this chapter, to be engaged in a terrorist activity.'.
(c) INADMISSABILITY OF REPRESENTATIVES AND MEMBERS OF TERRORIST ORGANIZATIONS-
Section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i))
is amended--
(1) in subclause (IV), by striking item (aa) and inserting the following:
`(aa) a terrorist organization as defined under section 212(a)(3)(B)(vi),
or'; and
(2) by striking subclause (V) and inserting the following:
`(aa) a terrorist organization as defined under section 212(a)(3)(B)(vi);
or
`(bb) an organization which the alien knows or should have known
is a terrorist organization,'.
(d) DEPORTATION OF ALIENS WHO HAVE RECEIVED MILITARY-TYPE TRAINING FROM TERRORIST
ORGANIZATIONS- Section 237(a)(4) of the Immigration and Nationality Act (8
U.S.C. 1227(a)(4)) is amended by adding at the end the following:
`(E) RECIPIENT OF MILITARY-TYPE TRAINING- Any alien who has received military-type
training (as defined in section 2339D(c)(1) of title 18, United States
Code) from or on behalf of any organization that, at the time the training
was received, was a terrorist organization under section 212(a)(3)(B)(vi),
is deportable.'.
(e) RETROACTIVE APPLICATION- The amendments made by subsections (b), (c),
and (d) of this section shall apply to the receipt of military training occuring
before, on, or after the date of enactment of this Act.
SEC. 116. WEAPONS OF MASS DESTRUCTION.
(a) EXPANSION OF JURISDICTIONAL BASES AND SCOPE- Section 2332a of title 18,
United States Code, is amended--
(A) by striking paragraph (2) and inserting the following:
`(2)(A) against any person or property within the United States, and--
`(B)(i) the mail or any facility of interstate or foreign commerce is used
in furtherance of the offense;
`(ii) such property is used in interstate or foreign commerce or in an activity
that affects interstate or foreign commerce;
`(iii) any perpetrator travels in or causes another to travel in interstate
or foreign commerce in furtherance of the offense; or
`(iv) the offense, or the results of the offense, affect interstate or foreign
commerce, or, in the case of a threat, attempt, or conspiracy, would have
affected interstate or foreign commerce;';
(B) in paragraph (3), by striking the comma at the end and inserting `;
or'; and
(C) by adding at the end the following:
`(4) against any property within the United States that is owned, leased,
or used by a foreign government,'; and
(A) in paragraph (1), by striking `and' at the end;
(B) in paragraph (2), by striking the period at the end and inserting
`; and'; and
(C) by adding at the end the following:
`(3) the term `property' includes all real and personal property.'.
(b) RESTORATION OF THE COVERAGE OF CHEMICAL WEAPONS-
(1) IN GENERAL- Section 2332a of title 18, United States Code, as amended
by this Act, is further amended by--
(A) in the section heading, by striking `certain';
(B) in subsection (a), by striking `(other than a chemical weapon as that
term is defined in section 229F)'; and
(C) in subsection (b), by striking `(other than a chemical weapon (as
that term is defined in section 229F))'.
(2) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter
113B of title 18, United States Code, is amended in the matter relating
to section 2332a by striking `certain'.
(c) EXPANSION OF CATEGORIES OF RESTRICTED PERSONS SUBJECT TO PROHIBITIONS
RELATING TO SELECT AGENTS- Section 175b(d)(2) of title 18, United States Code,
is amended--
(1) in subparagraph (G)--
(A) by inserting `(i)' after `(G)';
(B) by striking `or' after the semicolon; and
(C) by adding at the end the following:
`(ii) acts for or on behalf of, or operates subject to the direction or
control of, a government or official of a country described in this subparagraph;';
and
(2) in subparagraph (H), by striking the period and inserting `; or'; and
(3) by adding at the end the following:
`(I) is a member of, acts for or on behalf of, or operates subject to
the direction or control of, a terrorist organization (as that term is
defined under section 212(a)(3)B)(vi) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)(B)(vi))).'.
(d) CONFORMING AMENDMENT TO REGULATIONS-
(1) IN GENERAL- Section 175b(a)(1) of title 18, United States Code, is amended
by striking `as a select agent in Appendix A' and all that follows through
the period and inserting `as a non-overlap or overlap select biological
agent or toxin in sections 73.4 and 73.5 of title 42, Code of Federal Regulations,
pursuant to section 351A of the Public Health Service Act, and is not excluded
under sections 73.4 and 73.5 or exempted under section 73.6 of title 42,
Code of Federal Regulations.'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect
on the date that sections 73.4, 73.5, and 73.6 of title 42, Code of Federal
Regulations, become effective.
SEC. 117. PARTICIPATION IN NUCLEAR AND WEAPONS OF MASS DESTRUCTION THREATS
TO THE UNITED STATES.
(a) ATOMIC ENERGY ACT- Section 57(b) of the Atomic Energy Act of 1954 (42
U.S.C. 2077(b)) is amended by striking `in the production of any special nuclear
material' and inserting `or participate in the development or production of
any special nuclear material or atomic weapon'.
(b) NUCLEAR WEAPON AND WMD THREATS-
(1) IN GENERAL- Chapter 39 of title 18, United States Code, is amended by
adding at the end the following:
`Sec. 838. Participation in nuclear and weapons of mass destruction threats
to the United States
`(a) IN GENERAL- Whoever, within the United States, or subject to the jurisdiction
of the United States, willfully participates in or provides material support
or resources (as that term is defined under section 2339A) to a nuclear weapons
program, or other weapons of mass destruction program of a foreign terrorist
power, or attempts or conspires to do so, shall be imprisoned for not more
than 20 years.
`(b) JURISDICTION- There is extraterritorial Federal jurisdiction over an
offense under this section.
`(c) DEFINITIONS- As used in this section--
`(1) FOREIGN TERRORIST POWER- The term `foreign terrorist power' means a
terrorist organization designated under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189), or a state sponsor of terrorism designated
under section 6(j) of the Export Administration Act of 1979 (50 U.S.C.
App. 2405), or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C.
2371).
`(2) NUCLEAR WEAPON- The term `nuclear weapon' means any weapon that contains
or uses nuclear material (as that term is defined under section 831(f)(1)).
`(3) NUCLEAR WEAPONS PROGRAM- The term `nuclear weapons program' means a
program or plan for the development, acquisition, or production of any nuclear
weapon or weapons.
`(4) WEAPONS OF MASS DESTRUCTION PROGRAM- The term `weapons of mass destruction
program' means a program or plan for the development, acquisition, or production
of any weapon or weapons of mass destruction (as that term is defined in
section 2332a(c)).'.
(2) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter
39 of title 18, United States Code, is amended by adding at the end the
following:
`Sec. 838. Participation in nuclear and weapons of mass destruction threats
to the United States.'.
(c) ACT OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES- Section 2332b(g)(5)(B)(i)
of title 18, United States Code, is amended by inserting `832 (relating to
participation in nuclear and weapons of mass destruction threats to the United
States)' after `nuclear materials),'.
TITLE II--PREVENTION OF TERRORIST ACCESS TO SPECIAL WEAPONS ACT
SEC. 201. SHORT TITLE.
This title may be cited as the `Prevention of Terrorist Access to Special
Weapons Act of 2004'.
SEC. 202. MISSILE SYSTEMS DESIGNED TO DESTROY AIRCRAFT.
Chapter 113B of title 18, United States Code, is amended by adding after section
2332g, as added by this Act, the following:
`Sec. 2332h. Missile systems designed to destroy aircraft
`(1) IN GENERAL- Except as provided in paragraph (3), it shall be unlawful
for any person to knowingly produce, construct, otherwise acquire, transfer
directly or indirectly, receive, possess, import, export, or use, or possess
and threaten to use--
`(A) an explosive or incendiary rocket or missile that is guided by any
system designed to enable the rocket or missile to--
`(i) seek or proceed toward energy radiated or reflected from an aircraft
or toward an image locating an aircraft; or
`(ii) otherwise direct or guide the rocket or missile to an aircraft;
`(B) any device designed or intended to launch or guide a rocket or missile
described in subparagraph (A); or
`(C) any part or combination of parts designed or redesigned for use in
assembling or fabricating a rocket, missile, or device described in subparagraph
(A) or (B).
`(2) NONWEAPON- Paragraph (1)(A) does not apply to any device that is neither
designed nor redesigned for use as a weapon.
`(3) EXCLUDED CONDUCT- This subsection does not apply with respect to--
`(A) conduct by or under the authority of the United States or any department
or agency thereof or of a State or any department or agency thereof; or
`(B) conduct pursuant to the terms of a contract with the United States
or any department or agency thereof or with a State or any department
or agency thereof.
`(b) JURISDICTION- Conduct prohibited by subsection (a) is within the jurisdiction
of the United States if--
`(1) the offense occurs in or affects interstate or foreign commerce;
`(2) the offense occurs outside of the United States and is committed by
a national of the United States;
`(3) the offense is committed against a national of the United States while
the national is outside the United States;
`(4) the offense is committed against any property that is owned, leased,
or used by the United States or by any department or agency of the United
States, whether the property is within or outside the United States; or
`(5) an offender aids or abets any person over whom jurisdiction exists
under this subsection in committing an offense under this section or conspires
with any person over whom jurisdiction exists under this subsection to commit
an offense under this section.
`(1) IN GENERAL- Any person who violates, or attempts or conspires to violate,
subsection (a) shall be fined not more than $2,000,000 and shall be sentenced
to a term of imprisonment not less than 30 years or to imprisonment for
life.
`(2) LIFE IMPRISONMENT- Any person who, in the course of a violation of
subsection (a), uses, attempts or conspires to use, or possesses and threatens
to use, any item or items described in subsection (a), shall be fined not
more than $2,000,000 and imprisoned for life.
`(3) DEATH PENALTY- If the death of another results from a person's violation
of subsection (a), the person shall be fined not more than $2,000,000 and
punished by death or imprisoned for life.
`(d) DEFINITION- As used in this section, the term `aircraft' has the definition
set forth in section 40102(a)(6) of title 49, United States Code.'.
SEC. 203. ATOMIC WEAPONS.
(a) PROHIBITIONS- Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122)
is amended by--
(1) inserting at the beginning `a.' before `It';
(2) inserting `knowingly' after `for any person to';
(3) striking `or' before `export';
(4) striking `transfer or receive in interstate or foreign commerce,' before
`manufacture';
(5) inserting `receive,' after `acquire,';
(6) inserting `, or use, or possess and threaten to use,' before `any atomic
weapon';
(7) inserting at the end the following:
`b. Conduct prohibited by subsection a. is within the jurisdiction of the
United States if--
`(1) the offense occurs in or affects interstate or foreign commerce; the
offense occurs outside of the United States and is committed by a national
of the United States;
`(2) the offense is committed against a national of the United States while
the national is outside the United States;
`(3) the offense is committed against any property that is owned, leased,
or used by the United States or by any department or agency of the United
States, whether the property is within or outside the United States; or
`(4) an offender aids or abets any person over whom jurisdiction exists
under this subsection in committing an offense under this section or conspires
with any person over whom jurisdiction exists under this subsection to commit
an offense under this section.'.
(b) VIOLATIONS- Section 222 of the Atomic Energy Act of 1954 (42 U.S.C. 2272)
is amended by--
(1) inserting at the beginning `a.' before `Whoever';
(2) striking `, 92,'; and
(3) inserting at the end the following:
`b. Any person who violates, or attempts or conspires to violate, section
92 shall be fined not more than $2,000,000 and sentenced to a term of imprisonment
not less than 30 years or to imprisonment for life. Any person who, in the
course of a violation of section 92, uses, attempts or conspires to use, or
possesses and threatens to use, any atomic weapon shall be fined not more
than $2,000,000 and imprisoned for life. If the death of another results from
a person's violation of section 92, the person shall be fined not more than
$2,000,000 and punished by death or imprisoned for life.'.
SEC. 204. RADIOLOGICAL DISPERSAL DEVICES.
Chapter 113B of title 18, United States Code, is amended by adding after section
2332h, as added by this Act, the following:
`Sec. 2332i. Radiological dispersal devices
`(1) IN GENERAL- Except as provided in paragraph (2), it shall be unlawful
for any person to knowingly produce, construct, otherwise acquire, transfer
directly or indirectly, receive, possess, import, export, or use, or possess
and threaten to use--
`(A) any weapon that is designed or intended to release radiation or radioactivity
at a level dangerous to human life; or
`(B) any device or other object that is capable of and designed or intended
to endanger human life through the release of radiation or radioactivity.
`(2) EXCEPTION- This subsection does not apply with respect to--
`(A) conduct by or under the authority of the United States or any department
or agency thereof; or
`(B) conduct pursuant to the terms of a contract with the United States
or any department or agency thereof.
`(b) JURISDICTION- Conduct prohibited by subsection (a) is within the jurisdiction
of the United States if--
`(1) the offense occurs in or affects interstate or foreign commerce;
`(2) the offense occurs outside of the United States and is committed by
a national of the United States;
`(3) the offense is committed against a national of the United States while
the national is outside the United States;
`(4) the offense is committed against any property that is owned, leased,
or used by the United States or by any department or agency of the United
States, whether the property is within or outside the United States; or
`(5) an offender aids or abets any person over whom jurisdiction exists
under this subsection in committing an offense under this section or conspires
with any person over whom jurisdiction exists under this subsection to commit
an offense under this section.
`(1) IN GENERAL- Any person who violates, or attempts or conspires to violate,
subsection (a) shall be fined not more than $2,000,000 and shall be sentenced
to a term of imprisonment not less than 30 years or to imprisonment for
life.
`(2) LIFE IMPRISONMENT- Any person who, in the course of a violation of
subsection (a), uses, attempts or conspires to use, or possesses and threatens
to use, any item or items described in subsection (a), shall be fined not
more than $2,000,000 and imprisoned for life.
`(3) DEATH PENALTY- If the death of another results from a person's violation
of subsection (a), the person shall be fined not more than $2,000,000 and
punished by death or imprisoned for life.'.
SEC. 205. VARIOLA VIRUS.
Chapter 10 of title 18, United States Code, is amended by inserting after
section 175b the following:
`Sec. 175c. Variola virus
`(1) IN GENERAL- Except as provided in paragraph (2), it shall be unlawful
for any person to knowingly produce, engineer, synthesize, acquire, transfer
directly or indirectly, receive, possess, import, export, or use, or possess
and threaten to use, variola virus.
`(2) EXCEPTION- This subsection does not apply to conduct by, or under the
authority of, the Secretary of Health and Human Services.
`(b) JURISDICTION- Conduct prohibited by subsection (a) is within the jurisdiction
of the United States if--
`(1) the offense occurs in or affects interstate or foreign commerce;
`(2) the offense occurs outside of the United States and is committed by
a national of the United States;
`(3) the offense is committed against a national of the United States while
the national is outside the United States;
`(4) the offense is committed against any property that is owned, leased,
or used by the United States or by any department or agency of the United
States, whether the property is within or outside the United States; or
`(5) an offender aids or abets any person over whom jurisdiction exists
under this subsection in committing an offense under this section or conspires
with any person over whom jurisdiction exists under this subsection to commit
an offense under this section.
`(1) IN GENERAL- Any person who violates, or attempts or conspires to violate,
subsection (a) shall be fined not more than $2,000,000 and shall be sentenced
to a term of imprisonment not less than 30 years or to imprisonment for
life.
`(2) LIFE IMPRISONMENT- Any person who, in the course of a violation of
subsection (a), uses, attempts or conspires to use, or possesses and threatens
to use, any item or items described in subsection (a), shall be fined not
more than $2,000,000 and imprisoned for life.
`(3) DEATH PENALTY- If the death of another results from a person's violation
of subsection (a), the person shall be fined not more than $2,000,000 and
punished by death or imprisoned for life.
`(d) DEFINITION- As used in this section, the term `variola virus' means a
virus that can cause human smallpox or any derivative of the variola major
virus that contains more than 85 percent of the gene sequence of the variola
major virus or the variola minor virus.'.
SEC. 206. INTERCEPTION OF COMMUNICATIONS.
Section 2516(1) of title 18, United States Code, is amended--
(1) in paragraph (a), by inserting `2122 and' after `sections';
(2) in paragraph (c), by inserting `section 175c (relating to variola virus),'
after `section 175 (relating to biological weapons),'; and
(3) in paragraph (q), by inserting `2332g, 2332h,' after `2332f,'.
SEC. 207. AMENDMENTS TO SECTION 2332b(g)(5)(B) OF TITLE 18, UNITED STATES
CODE.
Section 2332b(g)(5)(B) of title 18, United States Code, is amended--
(A) by inserting before `2339 (relating to harboring terrorists)' the
following: `2332h (relating to missile systems designed to destroy aircraft),
2332i (relating to radiological dispersal devices),'; and
(B) by inserting `175c (relating to variola virus),' after `175 or 175b
(relating to biological weapons),'; and
(A) by striking `section' and inserting `sections 92 (relating to prohibitions
governing atomic weapons) or'; and
(B) by inserting `2122 or' before `2284'.
SEC. 208. AMENDMENTS TO SECTION 1956(c)(7)(D) OF TITLE 18, UNITED STATES
CODE.
Section 1956(c)(7)(D), title 18, United States Code, is amended--
(1) by inserting after `section 152 (relating to concealment of assets;
false oaths and claims; bribery),' the following: `section 175c (relating
to the variola virus),';
(2) by inserting after `section 2332(b) (relating to international terrorist
acts transcending national boundaries),' the following: `section 2332h (relating
to missile systems designed to destroy aircraft), section 2332i (relating
to radiological dispersal devices),'; and
(3) striking `or' after `any felony violation of the Foreign Agents Registration
Act of 1938,' and after `any felony violation of the Foreign Corrupt Practices
Act', striking `;' and inserting `, or section 92 of the Atomic Energy Act
of 1954 (42 U.S.C. 2122) (relating to prohibitions governing atomic weapons)'.
SEC. 209. EXPORT LICENSING PROCESS.
Section 38(g)(1)(A) of the Arms Export Control Act (22 U.S.C. 2778) is amended--
(1) by striking `or' before `(xi)'; and
(2) by inserting after clause (xi) the following: `or (xii) section 3, 4,
5, and 6 of the Prevention of Terrorist Access to Destructive Weapons Act
of 2004, relating to missile systems designed to destroy aircraft (18 U.S.C.
2332g), prohibitions governing atomic weapons (42 U.S.C. 2122), radiological
dispersal devices (18 U.S.C. 2332h), and variola virus (18 U.S.C. 175b);'.
SEC. 210. CLERICAL AMENDMENTS.
(a) CHAPTER 113B- The table of sections for chapter 113B of title 18, United
States Code, is amended by inserting the following after the item for section
2332g, as added by this Act:
`Sec. 2332h. Missile systems designed to destroy aircraft.
`Sec. 2332i. Radiological dispersal devices.'.
(b) CHAPTER 10- The table of sections for chapter 10 of title 18, United States
Code, is amended by inserting the following item after the item for section
175b:
`Sec. 175c. Variola virus.'.
TITLE III--RAILROAD CARRIERS AND MASS TRANSPORTATION PROTECTION ACT
SEC. 301. SHORT TITLE.
This title may be cited as the `Railroad Carriers and Mass Transportation
Protection Act of 2004'.
SEC. 302. ATTACKS AGAINST RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS.
(a) In General- Chapter 97 of title 18, United States Code, is amended by
striking sections 1992 through 1993 and inserting the following:
`Sec. 1992. Terrorist attacks and other violence against railroad carriers
and against mass transportation systems on land, on water, or through the
air
`(a) General Prohibitions- Whoever, in a circumstance described in subsection
(c), knowingly--
`(1) wrecks, derails, sets fire to, or disables railroad on-track equipment
or a mass transportation vehicle;
`(2) with intent to endanger the safety of any passenger or employee of
a railroad carrier or mass transportation provider, or with a reckless disregard
for the safety of human life, and without previously obtaining the permission
of the railroad carrier--
`(A) places any biological agent or toxin, destructive substance, or destructive
device in, upon, or near railroad on-track equipment or a mass transportation
vehicle; or
`(B) releases a hazardous material or a biological agent or toxin on or
near the property of a railroad carrier or mass transportation provider;
`(3) sets fire to, undermines, makes unworkable, unusable, or hazardous
to work on or use, or places any biological agent or toxin, destructive
substance, or destructive device in, upon, or near any--
`(A) tunnel, bridge, viaduct, trestle, track, electromagnetic guideway,
signal, station, depot, warehouse, terminal, or any other way, structure,
property, or appurtenance used in the operation of, or in support of the
operation of, a railroad carrier, without previously obtaining the permission
of the railroad carrier, and with intent to, or knowing or having reason
to know such activity would likely, derail, disable, or wreck railroad
on-track equipment; or
`(B) garage, terminal, structure, track, electromagnetic guideway, supply,
or facility used in the operation of, or in support of the operation of,
a mass transportation vehicle, without previously obtaining the permission
of the mass transportation provider, and with intent to, or knowing or
having reason to know such activity would likely, derail, disable, or
wreck a mass transportation vehicle used, operated, or employed by a mass
transportation provider;
`(4) removes an appurtenance from, damages, or otherwise impairs the operation
of a railroad signal system or mass transportation signal or dispatching
system, including a train control system, centralized dispatching system,
or highway-railroad grade crossing warning signal, without authorization
from the rail carrier or mass transportation provider;
`(5) with intent to endanger the safety of any passenger or employee of
a railroad carrier or mass transportation provider or with a reckless disregard
for the safety of human life, interferes with, disables, or incapacitates
any dispatcher, driver, captain, locomotive engineer, railroad conductor,
or other person while the person is employed in dispatching, operating,
or maintaining railroad on-track equipment or a mass transportation vehicle;
`(6) engages in conduct, including the use of a dangerous weapon, with the
intent to cause death or serious bodily injury to any person who is on the
property of a railroad carrier or mass transportation provider that is used
for railroad or mass transportation purposes;
`(7) conveys false information, knowing the information to be false, concerning
an attempt or alleged attempt that was made, is being made, or is to be
made, to engage in a violation of this subsection; or
`(8) attempts, threatens, or conspires to engage in any violation of any
of paragraphs (1) through (8);
shall be fined under this title or imprisoned not more than 20 years, or both.
`(b) Aggravated Offense- Whoever commits an offense under subsection (a) of
this section in a circumstance in which--
`(1) the railroad on-track equipment or mass transportation vehicle was
carrying a passenger or employee at the time of the offense;
`(2) the railroad on-track equipment or mass transportation vehicle was
carrying high-level radioactive waste or spent nuclear fuel at the time
of the offense;
`(3) the railroad on-track equipment or mass transportation vehicle was
carrying a hazardous material at the time of the offense that--
`(A) was required to be placarded under subpart F of part 172 of title
49, Code of Federal Regulations; and
`(B) is identified as class number 3, 4, 5, 6.1, or 8 and packing group
I or packing group II, or class number 1, 2, or 7 under the hazardous
materials table of section 172.101 of title 49, Code of Federal Regulations;
or
`(4) the offense results in the death of any person;
shall be fined under this title or imprisoned for any term of years or life,
or both. In the case of a violation described in paragraph (2), the term of
imprisonment shall be not less than 30 years; and, in the case of a violation
described in paragraph (4), the offender shall be fined under this title and
imprisoned for life and be subject to the death penalty.
`(c) Circumstances Required for Offense- A circumstance referred to in subsection
(a) is any of the following:
`(1) Any of the conduct required for the offense is, or, in the case of
an attempt, threat, or conspiracy to engage in conduct, the conduct required
for the completed offense would be, engaged in, on, against, or affecting
a mass transportation provider or railroad carrier engaged in or affecting
interstate or foreign commerce.
`(2) Any person travels or communicates across a State line in order to
commit the offense, or transports materials across a State line in aid of
the commission of the offense.
`(d) Nonapplicability- Subsection (a) does not apply to the conduct with respect
to a destructive substance or destructive device that is also classified under
chapter 51 of title 49 as a hazardous material in commerce if the conduct--
`(1) complies with chapter 51 of title 49 and regulations, exemptions, approvals,
and orders issued under that chapter, or
`(2) constitutes a violation, other than a criminal violation, of chapter
51 of title 49 or a regulation or order issued under that chapter.
`(e) Definitions- In this section--
`(1) the term `biological agent' has the meaning given to that term in section
178(1);
`(2) the term `dangerous weapon' means a weapon, device, instrument, material,
or substance, animate or inanimate, that is used for, or is readily capable
of, causing death or serious bodily injury, including a pocket knife with
a blade of less than 2 1/2 inches in length and a box cutter;
`(3) the term `destructive device' has the meaning given to that term in
section 921(a)(4);
`(4) the term `destructive substance' means an explosive substance, flammable
material, infernal machine, or other chemical, mechanical, or radioactive
device or material, or matter of a combustible, contaminative, corrosive,
or explosive nature, except that the term `radioactive device' does not
include any radioactive device or material used solely for medical, industrial,
research, or other peaceful purposes;
`(5) the term `hazardous material' has the meaning given to that term in
chapter 51 of title 49;
`(6) the term `high-level radioactive waste' has the meaning given to that
term in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101(12));
`(7) the term `mass transportation' has the meaning given to that term in
section 5302(a)(7) of title 49, except that the term includes school bus,
charter, and sightseeing transportation;
`(8) the term `on-track equipment' means a carriage or other contrivance
that runs on rails or electromagnetic guideways;
`(9) the term `railroad on-track equipment' means a train, locomotive, tender,
motor unit, freight or passenger car, or other on-track equipment used,
operated, or employed by a railroad carrier;
`(10) the term `railroad' has the meaning given to that term in chapter
201 of title 49;
`(11) the term `railroad carrier' has the meaning given to that term in
chapter 201 of title 49;
`(12) the term `serious bodily injury' has the meaning given to that term
in section 1365;
`(13) the term `spent nuclear fuel' has the meaning given to that term in
section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23));
`(14) the term `State' has the meaning given to that term in section 2266;
`(15) the term `toxin' has the meaning given to that term in section 178(2);
and
`(16) the term `vehicle' means any carriage or other contrivance used, or
capable of being used, as a means of transportation on land, on water, or
through the air.'.
(b) Conforming Amendments-
(1) The table of sections at the beginning of chapter 97 of title 18, United
States Code, is amended--
(A) by striking `RAILROADS' in the chapter heading and inserting
`RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS ON LAND, ON WATER,
OR THROUGH THE AIR';
(B) by striking the items relating to sections 1992 and 1993; and
(C) by inserting after the item relating to section 1991 the following:
`1992. Terrorist attacks and other violence against railroad carriers and
against mass transportation systems on land, on water, or through the air.'.
(2) The table of chapters at the beginning of part I of title 18, United
States Code, is amended by striking the item relating to chapter 97 and
inserting the following:
--1991'.
(3) Title 18, United States Code, is amended--
(A) in section 2332b(g)(5)(B)(i), by striking `1992 (relating to wrecking
trains), 1993 (relating to terrorist attacks and other acts of violence
against mass transportation systems),' and inserting `1992 (relating to
terrorist attacks and other acts of violence against railroad carriers
and against mass transportation systems on land, on water, or through
the air),';
(B) in section 2339A, by striking `1993,'; and
(C) in section 2516(1)(c) by striking `1992 (relating to wrecking trains),'
and inserting `1992 (relating to terrorist attacks and other acts of violence
against railroad carriers and against mass transportation systems on land,
on water, or through the air),'.
TITLE IV--REDUCING CRIME AND TERRORISM AT AMERICA'S SEAPORTS ACT
SEC. 401. SHORT TITLE.
This title may be cited as the `Reducing Crime and Terrorism at America's
Seaports Act of 2004'.
SEC. 402. ENTRY BY FALSE PRETENSES TO ANY SEAPORT.
(a) IN GENERAL- Section 1036 of title 18, United States Code, is amended--
(A) in paragraph (2), by striking `or' at the end;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
`(3) any secure or restricted area (as that term is defined under section
2285(c)) of any seaport; or';
(2) in subsection (b)(1), by striking `5' and inserting `10';
(3) in subsection (c)(1), by inserting `, captain of the seaport,' after
`airport authority'; and
(4) in the section heading, by inserting `or seaport' after `airport'.
(b) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter
47 of title 18 is amended by striking the matter relating to section 1036
and inserting the following:
`1036. Entry by false pretenses to any real property, vessel, or aircraft
of the United States or secure area of any airport or seaport.'.
(c) DEFINITION OF SEAPORT- Chapter 1 of title 18, United States Code, is amended
by adding at the end the following:
`Sec. 25. Definition of seaport.
`As used in this title, the term `seaport' means all piers, wharves, docks,
and similar structures to which a vessel may be secured, areas of land, water,
or land and water under and in immediate proximity to such structures, and
buildings on or contiguous to such structures, and the equipment and materials
on such structures or in such buildings.'.
(d) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter
1 of title 18 is amended by inserting after the matter relating to section
24 the following:
`25. Definition of seaport.'.
SEC. 403. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO, OBSTRUCTION OF BOARDING,
OR PROVIDING FALSE INFORMATION.
(a) OFFENSE- Chapter 109 of title 18, United States Code, is amended by adding
at the end the following:
`Sec. 2237. Criminal sanctions for failure to heave to, obstruction of boarding,
or providing false information
`(a)(1) It shall be unlawful for the master, operator, or person in charge
of a vessel of the United States, or a vessel subject to the jurisdiction
of the United States, to knowingly fail to obey an order by an authorized
Federal law enforcement officer to heave to that vessel.
`(2) It shall be unlawful for any person on board a vessel of the United States,
or a vessel subject to the jurisdiction of the United States, to--
`(A) forcibly resist, oppose, prevent, impede, intimidate, or interfere
with a boarding or other law enforcement action authorized by any Federal
law, or to resist a lawful arrest; or
`(B) provide information to a Federal law enforcement officer during a boarding
of a vessel regarding the vessel's destination, origin, ownership, registration,
nationality, cargo, or crew, which that person knows is false.
`(b) This section does not limit the authority of a customs officer under
section 581 of the Tariff Act of 1930 (19 U.S.C. 1581), or any other provision
of law enforced or administered by the Secretary of the Treasury or the Undersecretary
for Border and Transportation Security of the Department of Homeland Security,
or the authority of any Federal law enforcement officer under any law of the
United States, to order a vessel to stop or heave to.
`(c) A foreign nation may consent or waive objection to the enforcement of
United States law by the United States under this section by radio, telephone,
or similar oral or electronic means. Consent or waiver may be proven by certification
of the Secretary of State or the designee of the Secretary of State.
`(1) the term `Federal law enforcement officer' has the meaning given the
term in section 115(c);
`(2) the term `heave to' means to cause a vessel to slow, come to a stop,
or adjust its course or speed to account for the weather conditions and
sea state to facilitate a law enforcement boarding;
`(3) the term `vessel subject to the jurisdiction of the United States'
has the meaning given the term in section 2(c) of the Maritime Drug Law
Enforcement Act (46 App. U.S.C. 1903(b)); and
`(4) the term `vessel of the United States' has the meaning given the term
in section 2(c) of the Maritime Drug Law Enforcement Act (46 App. U.S.C.
1903(b)).
`(e) Any person who intentionally violates the provisions of this section
shall be fined under this title, imprisoned for not more than 5 years, or
both.'.
(b) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter
109, title 18, United States Code, is amended by inserting after the item
for section 2236 the following:
`2237. Criminal sanctions for failure to heave to, obstruction of boarding,
or providing false information.'.
SEC. 404. USE OF A DANGEROUS WEAPON OR EXPLOSIVE ON A PASSENGER VESSEL.
Section 1993 of title 18, United States Code, is amended--
(A) in paragraph (1), by inserting `, passenger vessel,' after `transportation
vehicle';
(i) by inserting `, passenger vessel,' after `transportation vehicle';
and
(ii) by inserting `or owner of the passenger vessel' after `transportation
provider' each place that term appears;
(i) by inserting `, passenger vessel,' after `transportation vehicle'
each place that term appears; and
(ii) by inserting `or owner of the passenger vessel' after `transportation
provider' each place that term appears;
(i) by inserting `, passenger vessel,' after `transportation vehicle';
and
(ii) by inserting `or owner of the passenger vessel' after `transportation
provider'; and
(E) in paragraph (6), by inserting `or owner of a passenger vessel' after
`transportation provider' each place that term appears;
(2) in subsection (b)(1), by inserting `, passenger vessel,' after `transportation
vehicle'; and
(A) by redesignating paragraph (6) through (8) as paragraphs (7) through
(9); and
(B) by inserting after paragraph (5) the following:
`(6) the term `passenger vessel' has the meaning given that term in section
2101(22) of title 46, United States Code, and includes a small passenger
vessel, as that term is defined under section 2101(35) of that title.'.
SEC. 405. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME NAVIGATION, PLACEMENT
OF DESTRUCTIVE DEVICES, AND MALICIOUS DUMPING.
(a) VIOLENCE AGAINST MARITIME NAVIGATION- Section 2280(a) of title 18, United
States Code, is amended--
(A) in subparagraph (H), by striking `(G)' and inserting `(H)';
(B) by redesignating subparagraphs (F), (G), and (H) as subparagraphs
(G), (H), and (I), respectively; and
(C) by inserting after subparagraph (E) the following:
`(F) destroys, seriously damages, alters, moves, or tampers with any aid
to maritime navigation maintained by the Saint Lawrence Seaway Development
Corporation under the authority of section 4 of the Act of May 13, 1954
(33 U.S.C. 984), by the Coast Guard pursuant to section 81 of title 14,
United States Code, or lawfully maintained under authority granted by
the Coast Guard pursuant to section 83 of title 14, United States Code,
if such act endangers or is likely to endanger the safe navigation of
a ship;'; and
(2) in paragraph (2) by striking `(C) or (E)' and inserting `(C), (E), or
(F)'.
(b) PLACEMENT OF DESTRUCTIVE DEVICES-
(1) IN GENERAL- Chapter 111 of title 18, United States Code, is amended
by adding after section 2280 the following:
`Sec. 2280A. Devices or substances in waters of the United States likely
to destroy or damage ships or to interfere with maritime commerce
`(a) A person who knowingly places, or causes to be placed, in navigable waters
of the United States, by any means, a device or substance which is likely
to destroy or cause damage to a vessel or its cargo, or cause interference
with the safe navigation of vessels, or interference with maritime commerce,
such as by damaging or destroying marine terminals, facilities, and any other
marine structure or entity used in maritime commerce, with the intent of causing
such destruction or damage, or interference with the safe navigation of vessels
or with maritime commerce, shall be fined under this title, imprisoned for
any term of years or for life, or both; and if the death of any person results
from conduct prohibited under this subsection, may be punished by death.
`(b) Nothing in this section shall be construed to apply to otherwise lawfully
authorized and conducted activities of the United States Government.'.
(2) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter
111 of title 18, United States Code, is amended by adding after the item
related to section 2280 the following:
`2280A. Devices or substances in waters of the United States likely to destroy
or damage ships or to interfere with maritime commerce.'.
(1) IN GENERAL- Chapter 111 of title 18, United States Code, is amended
by adding at the end the following:
`Sec. 2282. Knowing discharge or release
`(a) ENDANGERMENT OF HUMAN LIFE- Any person who knowingly discharges or releases
oil, a hazardous material, a noxious liquid substance, or any other dangerous
substance into the navigable waters of the United States or the adjoining
shoreline with the intent to endanger human life, health, or welfare shall
be fined under this title and imprisoned for any term of years or for life.
`(b) ENDANGERMENT OF MARINE ENVIRONMENT- Any person who knowingly discharges
or releases oil, a hazardous material, a noxious liquid substance, or any
other dangerous substance into the navigable waters of the United States or
the adjacent shoreline with the intent to endanger the marine environment
shall be fined under this title, imprisoned not more than 30 years, or both.
`(c) DEFINITIONS- In this section:
`(1) DISCHARGE- The term `discharge' means any spilling, leaking, pumping,
pouring, emitting, emptying, or dumping.
`(2) HAZARDOUS MATERIAL- The term `hazardous material' has the meaning given
the term in section 2101(14) of title 46, United States Code.
`(3) MARINE ENVIRONMENT- The term `marine environment' has the meaning given
the term in section 2101(15) of title 46, United States Code.
`(4) NAVIGABLE WATERS- The term `navigable waters' has the meaning given
the term in section 1362(7) of title 33, and also includes the territorial
sea of the United States as described in Presidential Proclamation 5928
of December 27, 1988.
`(5) NOXIOUS LIQUID SUBSTANCE- The term `noxious liquid substance' has the
meaning given the term in the MARPOL Protocol defined in section 2(1) of
the Act to Prevent Pollution from Ships (33 U.S.C. 1901(a)(3)).'.
(2) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter
111 of title 18, United States Code, is amended by adding at the end the
following:
`2282. Knowing discharge or release.'.
SEC. 406. TRANSPORTATION OF DANGEROUS MATERIALS AND TERRORISTS.
(a) TRANSPORTATION OF DANGEROUS MATERIALS AND TERRORISTS- Chapter 111 of title
18, as amended by section 5 of this Act, is amended by adding at the end the
following:
`Sec. 2283. Transportation of explosive, biological, chemical, or radioactive
or nuclear materials
`(a) IN GENERAL- Any person who knowingly and willfully transports aboard
any vessel within the United States, on the high seas, or having United States
nationality, an explosive or incendiary device, biological agent, chemical
weapon, or radioactive or nuclear material, knowing that any such item is
intended to be used to commit an offense listed under section 2332b(g)(5)(B),
shall be fined under this title, imprisoned for any term of years or for life,
or both; and if the death of any person results from conduct prohibited by
this subsection, may be punished by death.
`(b) DEFINITIONS- In this section:
`(1) BIOLOGICAL AGENT- The term `biological agent' means any biological
agent, toxin, or vector (as those terms are defined in section 178).
`(2) BY-PRODUCT MATERIAL- The term `by-product material' has the meaning
given that term in section 11(e) of the Atomic Energy Act of 1954 (42 U.S.C.
2014(e)).
`(3) CHEMICAL WEAPON- The term `chemical weapon' has the meaning given that
term in section 229F.
`(4) EXPLOSIVE OR INCENDIARY DEVICE- The term `explosive or incendiary device'
has the meaning given the term in section 232(5).
`(5) NUCLEAR MATERIAL- The term `nuclear material' has the meaning given
that term in section 831(f)(1).
`(6) RADIOACTIVE MATERIAL- The term `radioactive material' means--
`(A) source material and special nuclear material, but does not include
natural or depleted uranium;
`(B) nuclear by-product material;
`(C) material made radioactive by bombardment in an accelerator; or
`(D) all refined isotopes of radium.
`(7) SOURCE MATERIAL- The term `source material' has the meaning given that
term in section 11(z) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(z)).
`(8) SPECIAL NUCLEAR MATERIAL- The term `special nuclear material' has the
meaning given that term in section 11(aa) of the Atomic Energy Act of 1954
(42 U.S.C. 2014(aa)).
`Sec. 2284. Transportation of terrorists
`(a) IN GENERAL- Any person who knowingly and willfully transports any terrorist
aboard any vessel within the United States, on the high seas, or having United
States nationality, knowing that the transported person is a terrorist, shall
be fined under this title, imprisoned for any term of years or for life, or
both.
`(b) DEFINED TERM- In this section, the term `terrorist' means any person
who intends to commit, or is avoiding apprehension after having committed,
an offense listed under section 2332b(g)(5)(B).'.
(b) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter
111 of title 18, United States Code, as amended by this Act, is amended by
adding at the end the following:
`2283. Transportation of explosive, chemical, biological, or radioactive
or nuclear materials.
`2284. Transportation of terrorists.'.
SEC. 407. DESTRUCTION OR INTERFERENCE WITH VESSELS OR MARITIME FACILITIES.
(a) IN GENERAL- Title 18, United States Code, is amended by inserting after
chapter 111 the following:
`CHAPTER 111A--DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR MARITIME
FACILITIES
`Sec.
`2290. Jurisdiction and scope.
`2291. Destruction of vessel or maritime facility.
`2292. Imparting or conveying false information.
`2293. Bar to prosecution.
`2290. Jurisdiction and scope
`(a) JURISDICTION- There is jurisdiction over an offense under this chapter
if the prohibited activity takes place--
`(1) within the United States or within waters subject to the jurisdiction
of the United States; or
`(2) outside United States and--
`(A) an offender or a victim is a national of the United States (as that
term is defined under section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22));
`(B) the activity involves a vessel in which a national of the United
States was on board; or
`(C) the activity involves a vessel of the United States (as that term
is defined under section 2(c) of the Maritime Drug Law Enforcement Act
(42 App. U.S.C. 1903(c)).
`(b) SCOPE- Nothing in this chapter shall apply to otherwise lawful activities
carried out by or at the direction of the United States Government.
`Sec. 2291. Destruction of vessel or maritime facility
`(a) OFFENSE- Whoever willfully--
`(1) sets fire to, damages, destroys, disables, or wrecks any vessel;
`(2) places or causes to be placed a destructive device, as defined in section
921(a)(4), or destructive substance, as defined in section 13, in, upon,
or in proximity to, or otherwise makes or causes to be
made unworkable or unusable or hazardous to work or use, any vessel, or any
part or other materials used or intended to be used in connection with the
operation of a vessel;
`(3) sets fire to, damages, destroys, or disables or places a destructive
device or substance in, upon, or in proximity to, any maritime facility,
including but not limited to, any aid to navigation, lock, canal, or vessel
traffic service facility or equipment, or interferes by force or violence
with the operation of such facility, if such action is likely to endanger
the safety of any vessel in navigation;
`(4) sets fire to, damages, destroys, or disables or places a destructive
device or substance in, upon, or in proximity to, any appliance, structure,
property, machine, or apparatus, or any facility or other material used,
or intended to be used, in connection with the operation, maintenance, loading,
unloading, or storage of any vessel or any passenger or cargo carried or
intended to be carried on any vessel;
`(5) performs an act of violence against or incapacitates any individual
on any vessel, if such act of violence or incapacitation is likely to endanger
the safety of the vessel or those on board;
`(6) performs an act of violence against a person that causes or is likely
to cause serious bodily injury, as defined in section 1365, in, upon, or
in proximity to, any appliance, structure, property, machine, or apparatus,
or any facility or other material used, or intended to be used, in connection
with the operation, maintenance, loading, unloading, or storage of any vessel
or any passenger or cargo carried or intended to be carried on any vessel;
`(7) communicates information, knowing the information to be false and under
circumstances in which such information may reasonably be believed, thereby
endangering the safety of any vessel in navigation; or
`(8) attempts or conspires to do anything prohibited under paragraphs (1)
through (7):
shall be fined under this title or imprisoned not more than 20 years, or both.
`(b) LIMITATION- Subsection (a) shall not apply to any person that is engaging
in otherwise lawful activity, such as normal repair and salvage activities,
and the lawful transportation of hazardous materials.
`(c) PENALTY- Whoever is fined or imprisoned under subsection (a) as a result
of an act involving a vessel that, at the time of the violation, carried high-level
radioactive waste (as that term is defined in section 2(12) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101(12)) or spent nuclear fuel (as that
term is defined in section 2(23) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10101(23)), shall be fined under title 18, imprisoned for a term up
to life, or both.
`(d) PENALTY WHEN DEATH RESULTS- Whoever is convicted of any crime prohibited
by subsection (a), which has resulted in the death of any person, shall be
subject also to the death penalty or to imprisonment for life.
`(e) THREATS- Whoever willfully imparts or conveys any threat to do an act
which would violate this chapter, with an apparent determination and will
to carry the threat into execution, shall be fined under this title, imprisoned
not more than 5 years, or both, and is liable for all costs incurred as a
result of such threat.
`Sec. 2292. Imparting or conveying false information
`(a) IN GENERAL- Whoever imparts or conveys or causes to be imparted or conveyed
false information, knowing the information to be false, concerning an attempt
or alleged attempt being made or to be made, to do any act which would be
a crime prohibited by this chapter or by chapter 111 of this title, shall
be subject to a civil penalty of not more than $5,000, which shall be recoverable
in a civil action brought in the name of the United States.
`(b) MALICIOUS CONDUCT- Whoever willfully and maliciously, or with reckless
disregard for the safety of human life, imparts or conveys or causes to be
imparted or conveyed false information, knowing the information to be false,
concerning an attempt or alleged attempt to do any act which would be a crime
prohibited by this chapter or by chapter 111 of this title, shall be fined
under this title, imprisoned not more than 5 years, or both.
`(1) IN GENERAL- Except as provided under paragraph (2), section 2290(a)
shall not apply to any offense under this section.
`(2) JURISDICTION- Jurisdiction over an offense under this section shall
be determined in accordance with the provisions applicable to the crime
prohibited by this chapter, or by chapter 2, 97, or 111 of this title, to
which the imparted or conveyed false information relates, as applicable.
`Sec. 2293. Bar to prosecution
`(a) IN GENERAL- It is a bar to prosecution under this chapter if--
`(1) the conduct in question occurred within the United States in relation
to a labor dispute, and such conduct is prohibited as a felony under the
law of the State in which it was committed; or
`(2) such conduct is prohibited as a misdemeanor under the law of the State
in which it was committed.
`(b) DEFINITIONS- In this section:
`(1) LABOR DISPUTE- The term `labor dispute' has the same meaning given
that term in section 113(c) of the Norris-LaGuardia Act (29 U.S.C. 113(c)).
`(2) STATE- The term `State' means a State of the United States, the District
of Columbia, and any commonwealth, territory, or possession of the United
States.'.
(b) TECHNICAL AND CONFORMING AMENDMENT- The table of chapters at the beginning
of title 18, United States Code, is amended by inserting after the item for
chapter 111 the following:
--2290'.
SEC. 408. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR VESSELS.
(a) THEFT OF INTERSTATE OR FOREIGN SHIPMENTS- Section 659 of title 18, United
States Code, is amended--
(1) in the first undesignated paragraph--
(A) by inserting `trailer,' after `motortruck,';
(B) by inserting `air cargo container,' after `aircraft,'; and
(C) by inserting `, or from any intermodal container, trailer, container
freight station, warehouse, or freight consolidation facility,' after
`air navigation facility';
(2) in the fifth undesignated paragraph, by striking `one year' and inserting
`3 years'; and
(3) by inserting after the first sentence in the eighth undesignated paragraph
the following: `For purposes of this section, goods and chattel shall be
construed to be moving as an interstate or foreign shipment at all points
between the point of origin and the final destination (as evidenced by the
waybill or other shipping document of the shipment), regardless of any temporary
stop while awaiting transhipment or otherwise.'.
(1) IN GENERAL- Section 2311 of title 18, United States Code, is amended
by adding at the end the following:
`Vessel' means any watercraft or other contrivance used or designed for transportation
or navigation on, under, or immediately above, water.'.
(2) TRANSPORTATION AND SALE OF STOLEN VESSELS- Sections 2312 and 2313 of
title 18, United States Code, are each amended by striking `motor vehicle
or aircraft' and inserting `motor vehicle, vessel, or aircraft'.
(c) REVIEW OF SENTENCING GUIDELINES- Pursuant to section 994 of title 28,
United States Code, the United States Sentencing Commission shall review the
Federal Sentencing Guidelines to determine whether sentencing enhancement
is appropriate for any offense under section 659 or 2311 of title 18, United
States Code, as amended by this Act.
(d) ANNUAL REPORT OF LAW ENFORCEMENT ACTIVITIES- The Attorney General shall
annually submit to Congress a report, which shall include an evaluation of
law enforcement activities relating to the investigation and prosecution of
offenses under section 659 of title 18, United States Code, as amended by
this Act.
(e) REPORTING OF CARGO THEFT- The Attorney General shall take the steps necessary
to ensure that reports of cargo theft collected by Federal, State, and local
officials are reflected as a separate category in the Uniform Crime Reporting
System, or any successor system, by no later than December 31, 2005.
SEC. 409. INCREASED PENALTIES FOR NONCOMPLIANCE WITH MANIFEST REQUIREMENTS.
(a) REPORTING, ENTRY, CLEARANCE REQUIREMENTS- Section 436(b) of the Tariff
Act of 1930 (19 U.S.C. 1436(b)) is amended by--
(1) striking `or aircraft pilot' and inserting `, aircraft pilot, operator,
owner of such vessel, vehicle or aircraft or any other responsible party
(including non-vessel operating common carriers)';
(2) striking `$5,000' and inserting `$10,000'; and
(3) striking `$10,000' and inserting `$25,000'.
(b) CRIMINAL PENALTY- Section 436(c) of the Tariff Act of 1930 (19 U.S.C.
1436(c)) is amended by striking `$2,000' and inserting `$10,000'.
(c) FALSITY OR LACK OF MANIFEST- Section 584(a)(1) of the Tariff Act of 1930
(19 U.S.C. 1584(a)(1)) is amended by striking `$1,000' in each place it occurs
and inserting `$10,000'.
SEC. 410. STOWAWAYS ON VESSELS OR AIRCRAFT.
Section 2199 of title 18, United States Code, is amended by striking `Shall
be fined under this title or imprisoned not more than one year, or both.'
and inserting the following:
`(1) shall be fined under this title, imprisoned not more than 5 years,
or both;
`(2) if the person commits an act proscribed by this section, with the intent
to commit serious bodily injury, and serious bodily injury occurs (as defined
under section 1365, including any conduct that, if the conduct occurred
in the special maritime and territorial jurisdiction of the United States,
would violate section 2241 or 2242) to any person other than a participant
as a result of a violation of this section, shall be fined under this title,
imprisoned not more than 20 years, or both; and
`(3) if an individual commits an act proscribed by this section, with the
intent to cause death, and if the death of any person other than a participant
occurs as a result of a violation of this section, shall be fined under
this title, imprisoned for any number of years or for life, or both.'.
SEC. 411. BRIBERY AFFECTING PORT SECURITY.
(a) IN GENERAL- Chapter 11 of title 18, United States Code, is amended by
adding at the end the following:
`Sec. 226. Bribery affecting port security
`(a) IN GENERAL- Whoever knowingly--
`(1) directly or indirectly, corruptly gives, offers, or promises anything
of value to any public or private person, with intent--
`(A) to commit international or domestic terrorism (as that term is defined
under section 2331);
`(B) to influence any action or any person to commit or aid in committing,
or collude in, or allow, any fraud, or make opportunity for the commission
of any fraud affecting any secure or restricted area or seaport; or
`(C) to induce any official or person to do or omit to do any act in violation
of the fiduciary duty of such official or person which affects any secure
or restricted area or seaport; or
`(2) directly or indirectly, corruptly demands, seeks, receives, accepts,
or agrees to receive or accept anything of value personally or for any other
person or entity in return for--
`(A) being influenced in the performance of any official act affecting
any secure or restricted area or seaport; and
`(B) knowing that such influence will be used to commit, or plan to commit,
international or domestic terrorism
`shall be fined under this title, imprisoned not more than 15 years, or both.
`(b) DEFINITION- In this section, the term `secure or restricted area' has
the meaning given that term in section 2285(c).'.
(b) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter
11 of title 18, United States Code, is amended by adding at the end the following:
`226. Bribery affecting port security.'.
TITLE V--COMBATING MONEY LAUNDERING AND TERRORIST FINANCING ACT
SEC. 501. SHORT TITLE.
This title may be cited as the `Combating Money Laundering and Terrorist Financing
Act of 2004'.
SEC. 502. SPECIFIED ACTIVITIES FOR MONEY LAUNDERING.
(a) RICO DEFINITIONS- Section 1961(1) of title 18, United States Code, is
amended--
(1) in subparagraph (A), by inserting `burglary, embezzlement,' after `robbery,';
(2) in subparagraph (B), by--
(A) inserting `section 1960 (relating to illegal money transmitters),'
before `sections 2251';
(B) striking `1591' and inserting `1592';
(C) inserting `and 1470' after `1461-1465'; and
(D) inserting `2252A,' after `2252,';
(3) in subparagraph (D), by striking `fraud in the sale of securities' and
inserting `fraud in the purchase or sale of securities'; and
(4) in subparagraph (F), by inserting `and 274A' after `274'.
(b) MONETARY INVESTMENTS- Section 1956(c)(7)(D) of title 18, United States
Code, is amended by--
(1) inserting `, or section 2339C (relating to financing of terrorism)'
before `of this title'; and
(2) striking `or any felony violation of the Foreign Corrupt Practices Act'
and inserting `any felony violation of the Foreign Corrupt Practices Act,
or any violation of section 208 of the Social Security Act (42 U.S.C. 408)
(relating to obtaining funds through misuse of a social security number)'.
(c) Conforming Amendments-
(1) MONETARY INSTRUMENTS- Section 1956(e) of title 18, United States Code,
is amended to read as follows:
`(e) Violations of this section may be investigated by such components of
the Department of Justice as the Attorney General may direct, and by such
components of the Department of the Treasury as the Secretary of the Treasury
may direct, as appropriate, and, with respect to offenses over which the Department
of Homeland Security has jurisdiction, by such components of the Department
of Homeland Security as the Secretary of Homeland Security may direct, with
respect to the offenses over which the Social Security Administration has
jurisdiction, as the Commissioner of Social Security may direct, and with
respect to offenses over which the United States Postal Service has jurisdiction,
as the Postmaster General may direct. The authority under this subsection
of the Secretary of the Treasury, the Secretary of Homeland Security, the
Commissioner of Social Security, and the Postmaster General shall be exercised
in accordance with an agreement which shall be entered into by the Secretary
of the Treasury, the Secretary of Homeland Security, the Commissioner of Social
Security, the Postmaster General, and the Attorney General. Violations of
this section involving offenses described in subsection (c)(7)(E) may be investigated
by such components of the Department of Justice as the Attorney General may
direct, and the National Enforcement Investigations Center of the Environmental
Protection Agency.'.
(2) PROPERTY FROM UNLAWFUL ACTIVITY- Section 1957(e) of title 18, United
States Code, is amended to read as follows:
`(e) Violations of this section may be investigated by such components of
the Department of Justice as the Attorney General may direct, and by such
components of the Department of the Treasury as the Secretary of the Treasury
may direct, as appropriate, and, with respect to offenses over which the Department
of Homeland Security has jurisdiction, by such components of the Department
of Homeland Security as the Secretary of Homeland Security may direct, and,
with respect to offenses over which the United States Postal Service has jurisdiction,
by the Postmaster General. The authority under this subsection of the Secretary
of the Treasury, the Secretary of Homeland Security, and the Postmaster General
shall be exercised in accordance with an agreement which shall be entered
into by the Secretary of the Treasury, the Secretary of Homeland Security,
the Postmaster General, and the Attorney General.'.
SEC. 503. ILLEGAL MONEY TRANSMITTING BUSINESSES.
(a) TECHNICAL AMENDMENTS- Section 1960 of title 18, United States Code, is
amended--
(1) in the caption by striking `unlicensed' and inserting `illegal';
(2) in subsection (a), by striking `unlicensed' and inserting `illegal';
(3) in subsection (b)(1), by striking `unlicensed' and inserting `illegal';
and
(4) in subsection (b)(1)(C), by striking `to be used to be used' and inserting
`to be used'.
(b) PROHIBITION OF UNLICENSED MONEY TRANSMITTING BUSINESSES- Section 1960(b)(1)(B)
of title 18, United States Code, is amended by inserting the following before
the semicolon: `, whether or not the defendant knew that the operation was
required to comply with such registration requirements'.
(c) AUTHORITY TO INVESTIGATE- Section 1960 of title 18, United States Code,
is amended by adding at the end the following:
`(c) Violations of this section may be investigated by the Attorney General,
the Secretary of the Treasury, and the Secretary of the Department of Homeland
Security.'.
SEC. 504. ASSETS OF PERSONS COMMITTING TERRORIST ACTS AGAINST FOREIGN COUNTRIES
OR INTERNATIONAL ORGANIZATIONS.
Section 981(a)(1)(G) of title 18, United States Code, is amended by--
(1) striking `or' at the end of clause (ii);
(2) striking the period at the end of clause (iii) and inserting `; or';
and
(3) inserting after clause (iii) the following:
`(iv) of any individual, entity, or organization engaged in planning
or perpetrating any act of international terrorism (as defined in section
2331) against any international organization (as defined in section
209 of the State Department Basic Authorities Act of 1956 (22 U.S.C.
4309(b))) or against any foreign government. Where the property sought
for forfeiture is located beyond the territorial boundaries of the United
States, an act in furtherance of such planning or perpetration must
have occurred within the jurisdiction of the United States.'.
SEC. 505. MONEY LAUNDERING THROUGH INFORMAL VALUE TRANSFER SYSTEMS.
Section 1956(a) of title 18, United States Code, is amended by adding at the
end the following:
`(4) A transaction described in paragraph (1), or a transportation, transmission,
or transfer described in paragraph (2) shall be deemed to involve the proceeds
of specified unlawful activity, if the transaction, transportation, transmission,
or transfer is part of a single plan or arrangement whose purpose is described
in either of those paragraphs and one part of such plan or arrangement actually
involves the proceeds of specified unlawful activity.'.
SEC. 506. FINANCING OF TERRORISM.
(a) CONCEALMENT- Section 2339C(c)(2) of title 18, United States Code, is amended
to read as follows:
`(2) knowingly conceals or disguises the nature, location, source, ownership,
or control of any material support, or resources, or any funds or proceeds
of such funds--
`(A) knowing or intending that the support or resources are to be provided,
or knowing that the support or resources were provided, in violation of
section 2339B; or
`(B) knowing or intending that any such funds are to be provided or collected,
or knowing that the funds were provided or collected, in violation of
subsection (a),
shall be punished as prescribed in subsection (d)(2).'.
(b) DEFINITION- Section 2339C(e) of title 18, United States Code, is amended--
(1) in paragraph (12), by striking `and' at the end;
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following:
`(13) the term `material support or resources' has the same meaning as in
section 2339B(g)(4); and'.
SEC. 507. MISCELLANEOUS AND TECHNICAL AMENDMENTS.
(a) CRIMINAL FORFEITURE- Section 982(b) of title 18, United States Code, is
amended in subsection (b)(2), by striking `The substitution' and inserting
`With respect to a forfeiture under subsection (a)(1), the substitution'.
(b) Technical Amendments to Sections 1956 and 1957-
(1) UNLAWFUL ACTIVITY- Section 1956(c)(7)(F) of title 18, United States
Code, is amended by inserting `, as defined in section 24' before the period.
(2) PROPERTY FROM UNLAWFUL ACTIVITY- Section 1957 of title 18, United States
Code, is amended--
(A) in subsection (a), by striking `engages or attempts to engage in'
and inserting `conducts or attempts to conduct'; and
(B) in subsection (f), by inserting the following after paragraph (3):
`(4) the term `conducts' has the same meaning as it does for purposes of
section 1956 of this title.'.
(c) OBSTRUCTION OF JUSTICE- Section 1510(b)(3)(B) of title 18, United States
Code, is amended by striking `or' the first time it appears and inserting
`, a subpoena issued pursuant to section 1782 of title 28, or'.
(d) INTERNATIONAL TERRORISM- Section 2332b(g)(5)(B) of title 18, United States
Code, is amended by inserting `)' after `2339C (relating to financing of terrorism'.
Calendar No. 645
108th CONGRESS
2d Session
S. 2679
A BILL
To strengthen anti-terrorism investigative tools, promote information sharing,
punish terrorist offenses, and for other purposes.
July 19, 2004
Read the second time and placed on the calendar
END
