II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Tools to Fight Terrorism Act of 2004’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents is 

2 as follows: 

Sec. 1. Short title; and table of contents. 

TITLE I—ANTI-TERRORISM INVESTIGATIVE TOOLS IMPROVEMENT 

ACT 

Sec. 101. Short title. 

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. 201. Short title. 

Sec. 202. Missile systems designed to destroy aircraft. 

Sec. 203. Atomic weapons. 

Sec. 204. Radiological dispersal devices. 

Sec. 205. Variola virus. 

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. 301. Short title. 

Sec. 302. Attacks against railroad carriers and mass transportation systems. 

TITLE IV—REDUCING CRIME AND TERRORISM AT AMERICA’S 

SEAPORTS ACT 

Sec. 401. Short title. 

Sec. 402. Entry by false pretenses to any seaport. 
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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. 501. Short title. 

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. 

1 TITLE I—ANTI-TERRORISM IN2 VESTIGATIVE TOOLS IM3 PROVEMENT ACT 

4 SEC. 101. SHORT TITLE. 

5 This title may be cited as the ‘‘Anti-terrorism Inves6 tigative Tools Improvement Act of 2004’’. 

7 SEC. 102. FISA WARRANTS FOR LONE-WOLF TERRORISTS. 

8 Section 101(b)(1) of the Foreign Intelligence Surveil9 lance Act of 1978 (50 U.S.C. 1801(b)(1)) is amended by 

10 adding at the end the following: 

11 ‘‘(C) engages in international terrorism or 

12 activities in preparation therefore; or’’. 
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1 SEC. 103. ADDING TERRORIST OFFENSES TO STATUTORY 

2 PRESUMPTION OF NO BAIL. 

3 Section 3142 of title 18, United States Code, is 

4 amended— 

5 (1) in the flush language at the end of sub6 section (e) by inserting before the period at the end 

7 the following: ‘‘, or an offense listed in section 

8 2332b(g)(5)(B) of title 18 of the United States 

9 Code, if the Attorney General certifies that the of10 fense appears by its nature or context to be intended 

11 to intimidate or coerce a civilian population, to influ12 ence the policy of a government by intimidation or 

13 coercion, or to affect the conduct of a government by 

14 mass destruction, assassination, or kidnaping, or an 

15 offense involved in or related to domestic or inter16 national terrorism as defined in section 2331 of title 

17 18 of the United States Code’’; and 

18 (2) in subsections (f)(1)(A) and (g)(1), by in19 serting after ‘‘violence’’ the following: ‘‘or an offense 

20 listed in section 2332b(g)(5)(B) of title 18 of the 

21 United States Code, if the Attorney General certifies 

22 that the offense appears by its nature or context to 

23 be intended to intimidate or coerce a civilian popu24 lation, to influence the policy of a government by in25 timidation or coercion, or to affect the conduct of a 

26 government by mass destruction, assassination, or 
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1 kidnaping, or an offense involved in or related to do2 mestic or international terrorism as defined in sec3 tion 2331 of title 18 of the United States Code,’’. 

4 SEC. 104. MAKING TERRORISTS ELIGIBLE FOR LIFETIME 

5 POST-RELEASE SUPERVISION. 

6 Section 3583(j) of title 18, United States Code, is 

7 amended by striking ‘‘, the commission’’ and all that fol8 lows through ‘‘person,’’. 

9 SEC. 105. JUDICIALLY ENFORCEABLE SUBPOENAS IN TER10 RORISM INVESTIGATIONS. 

11 (a) IN GENERAL.—Chapter 113B of title 18, United 

12 States Code, is amended by inserting after section 2332f 

13 the following: 

14 ‘‘§ 2332g. Judicially enforceable terrorism subpoenas 

15 ‘‘(a) AUTHORIZATION OF USE.— 

16 ‘‘(1) IN GENERAL.—In any investigation con17 cerning a Federal crime of terrorism (as defined 

18 under section 2332b(g)(5)), the Attorney General 

19 may issue in writing and cause to be served a sub20 poena requiring the production of any records or 

21 other materials that the Attorney General finds rel22 evant to the investigation, or requiring testimony by 

23 the custodian of the materials to be produced con24 cerning the production and authenticity of those ma25 terials. 
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1 ‘‘(2) CONTENTS.—A subpoena issued under 

2 paragraph (1) shall describe the records or items re3 quired to be produced and prescribe a return date 

4 within a reasonable period of time within which the 

5 records or items can be assembled and made avail6 able. 

7 ‘‘(3) ATTENDANCE OF WITNESSES AND PRO8 DUCTION OF RECORDS.— 

9 ‘‘(A) IN GENERAL.—The attendance of 

10 witnesses and the production of records may be 

11 required from any place in any State, or in any 

12 territory or other place subject to the jurisdic13 tion of the United States at any designated 

14 place of hearing. 

15 ‘‘(B) LIMITATION.—A witness shall not be 

16 required to appear at any hearing more than 

17 500 miles distant from the place where he was 

18 served with a subpoena. 

19 ‘‘(C) REIMBURSEMENT.—Witnesses sum20 moned under this section shall be paid the same 

21 fees and mileage that are paid to witnesses in 

22 the courts of the United States. 

23 ‘‘(b) SERVICE.— 
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1 ‘‘(1) IN GENERAL.—A subpoena issued under 

2 this section may be served by any person designated 

3 in the subpoena as the agent of service. 

4 ‘‘(2) SERVICE OF SUBPOENA.— 

5 ‘‘(A) NATURAL PERSON.—Service of a sub6 poena upon a natural person may be made by 

7 personal delivery of the subpoena to that per8 son, or by certified mail with return receipt re9 quested. 

10 ‘‘(B) BUSINESS ENTITIES AND ASSOCIA11 TIONS.—Service of a subpoena may be made 

12 upon a domestic or foreign corporation, or upon 

13 a partnership or other unincorporated associa14 tion that is subject to suit under a common 

15 name, by delivering the subpoena to an officer, 

16 to a managing or general agent, or to any other 

17 agent authorized by appointment or by law to 

18 receive service of process. 

19 ‘‘(C) PROOF OF SERVICE.—The affidavit of 

20 the person serving the subpoena entered by that 

21 person on a true copy thereof shall be sufficient 

22 proof of service. 

23 ‘‘(c) ENFORCEMENT.— 

24 ‘‘(1) IN GENERAL.—In the case of the contu25 macy by, or refusal to obey a subpoena issued to, 
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1 any person, the Attorney General may invoke the aid 

2 of any court of the United States within the jurisdic3 tion of which the investigation is carried on, or the 

4 subpoenaed person resides, carries on business, or 

5 may be found, to compel compliance with the sub6 poena. 

7 ‘‘(2) ORDER.—A court of the United States de8 scribed under paragraph (1) may issue an order re9 quiring the subpoenaed person, in accordance with 

10 the subpoena, to appear, to produce records, or to 

11 give testimony touching the matter under investiga12 tion. Any failure to obey the order of the court may 

13 be punished by the court as contempt thereof. 

14 ‘‘(3) SERVICE OF PROCESS.—Any process under 

15 this subsection may be served in any judicial district 

16 in which the person may be found. 

17 ‘‘(d) NONDISCLOSURE REQUIREMENT.— 

18 ‘‘(1) IN GENERAL.—If the Attorney General 

19 certifies that otherwise there may result a danger to 

20 the national security of the United States, no person 

21 shall disclose to any other person that a subpoena 

22 was received or records were provided pursuant to 

23 this section, other than to— 
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1 ‘‘(A) those persons to whom such disclo2 sure is necessary in order to comply with the 

3 subpoena; 

4 ‘‘(B) an attorney to obtain legal advice 

5 with respect to testimony or the production of 

6 records in response to the subpoena; or 

7 ‘‘(C) other persons as permitted by the At8 torney General. 

9 ‘‘(2) NOTICE OF NONDISCLOSURE REQUIRE10 MENT.—The subpoena, or an officer, employee, or 

11 agency of the United States in writing, shall notify 

12 the person to whom the subpoena is directed of the 

13 nondisclosure requirements under paragraph (1). 

14 ‘‘(3) FURTHER APPLICABILITY OF NONDISCLO15 SURE REQUIREMENTS.—Any person who receives a 

16 disclosure under this subsection shall be subject to 

17 the same prohibitions on disclosure under paragraph 

18 (1). 

19 ‘‘(4) ENFORCEMENT OF NONDISCLOSURE RE20 QUIREMENT.—Whoever knowingly violates para21 graphs (1) or (3) shall be imprisoned for not more 

22 than 1 year, and if the violation is committed with 

23 the intent to obstruct an investigation or judicial 

24 proceeding, shall be imprisoned for not more than 5 

25 years. 
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1 ‘‘(5) TERMINATION OF NONDISCLOSURE RE2 QUIREMENT.—If the Attorney General concludes 

3 that a nondisclosure requirement no longer is justi4 fied by a danger to the national security of the 

5 United States, an officer, employee, or agency of the 

6 United States shall notify the relevant person that 

7 the prohibition of disclosure is no longer applicable. 

8 ‘‘(e) JUDICIAL REVIEW.— 

9 ‘‘(1) IN GENERAL.—At any time before the re10 turn date specified in a summons issued under this 

11 section, the person or entity summoned may, in the 

12 United States district court for the district in which 

13 that person or entity does business or resides, peti14 tion for an order modifying or setting aside the sum15 mons. 

16 ‘‘(2) MODIFICATION OF NONDISCLOSURE RE17 QUIREMENT.—Any court described under paragraph 

18 (1) may modify or set aside a nondisclosure require19 ment imposed under subsection (d) at the request of 

20 a person to whom a subpoena has been directed, un21 less there is reason to believe that the nondisclosure 

22 requirement is justified because otherwise there may 

23 result a danger to the national security of the 

24 United States. 
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1 ‘‘(3) REVIEW OF GOVERNMENT SUBMISSIONS.— 

2 In all proceedings under this subsection, the court 

3 shall review the submission of the Federal Govern4 ment, which may include classified information, ex 

5 parte and in camera. 

6 ‘‘(f) IMMUNITY FROM CIVIL LIABILITY.—Any per7 son, including officers, agents, and employees of a non8 natural person, who in good faith produce the records or 

9 items requested in a subpoena, shall not be liable in any 

10 court of any State or the United States to any customer 

11 or other person for such production, or for nondisclosure 

12 of that production to the customer or other person. 

13 ‘‘(g) GUIDELINES.—The Attorney General shall, by 

14 rule, establish such guidelines as are necessary to ensure 

15 the effective implementation of this section.’’. 

16 (b) AMENDMENT TO TABLE OF SECTIONS.—The 

17 table of sections of chapter 113B of title 18, United States 

18 Code, is amended by inserting after the item relating to 

19 section 2332f the following: 

‘‘2332g. Judicially enforceable terrorism subpoenas.’’. 

20 SEC. 106. HOAXES RELATING TO TERRORIST OFFENSES. 

21 (a) PROHIBITION ON HOAXES.—Chapter 47 of title 

22 18, United States Code, is amended by inserting after sec23 tion 1037 the following: 

24 ‘‘§ 1038. False information and hoaxes 

25 ‘‘(a) CRIMINAL VIOLATION.— 
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1 ‘‘(1) IN GENERAL.—Whoever engages in any 

2 conduct with intent to convey false or misleading in3 formation under circumstances where such informa4 tion may reasonably be believed, and where such in5 formation indicates that an activity has taken, is 

6 taking, or will take place that would constitute an 

7 offense listed under section 2332b(g)(5)(B) of this 

8 title— 

9 ‘‘(A) be fined under this title or impris10 oned not more than 5 years, or both; 

11 ‘‘(B) if serious bodily injury (as defined in 

12 section 1365 of this title, including any conduct 

13 that, if the conduct occurred in the special mar14 itime and territorial jurisdiction of the United 

15 States, would violate section 2241 or 2242 of 

16 this title) results, be fined under this title or 

17 imprisoned not more than 25 years, or both; 

18 and 

19 ‘‘(C) if death results, shall be punished by 

20 death or imprisoned for any term of years or 

21 for life. 

22 ‘‘(2) ARMED FORCES.—Whoever, without lawful 

23 authority, makes a false statement, with intent to 

24 convey false or misleading information, about the 

25 death, injury, capture, or disappearance of a mem-
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1 ber of the Armed Forces of the United States during 

2 a war or armed conflict in which the United States 

3 is engaged, shall— 

4 ‘‘(A) be fined under this title or impris5 oned not more than 5 years, or both; 

6 ‘‘(B) if serious bodily injury (as defined in 

7 section 1365 of this title, including any conduct 

8 that, if the conduct occurred in the special mar9 itime and territorial jurisdiction of the United 

10 States, would violate section 2241 or 2242 of 

11 this title) results, be fined under this title or 

12 imprisoned not more than 25 years, or both; 

13 and 

14 ‘‘(C) if death results, shall be punished by 

15 death or imprisoned for any term of years or 

16 for life. 

17 ‘‘(b) CIVIL ACTION.—Whoever knowingly engages in 

18 any conduct with intent to convey false or misleading in19 formation under circumstances where such information 

20 may reasonably be believed and where such information 

21 indicates that an activity has taken, is taking, or will take 

22 place that would constitute a violation of chapter 2, 10, 

23 11B, 39, 40, 44, 111, or 113B of this title, section 236 

24 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or 

25 section 46502, the second sentence of section 46504, sec-
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1 tion 46505 (b)(3) or (c), section 46506 if homicide or at2 tempted homicide is involved, or section 60123(b) of title 

3 49 is liable in a civil action to any party incurring expenses 

4 incident to any emergency or investigative response to that 

5 conduct, for those expenses. 

6 ‘‘(c) REIMBURSEMENT.— 

7 ‘‘(1) IN GENERAL.—The court, in imposing a 

8 sentence on a defendant who has been convicted of 

9 an offense under subsection (a), shall order the de10 fendant to reimburse any party incurring expenses 

11 incident to any emergency or investigative response 

12 to that conduct, for those expenses. 

13 ‘‘(2) LIABILITY.—A person ordered to make re14 imbursement under this subsection shall be jointly 

15 and severally liable for such expenses with each 

16 other person, if any, who is ordered to make reim17 bursement under this subsection for the same ex18 penses. 

19 ‘‘(3) CIVIL JUDGMENT.—An order of reim20 bursement under this subsection shall, for the pur21 poses of enforcement, be treated as a civil judgment. 

22 ‘‘(d) ACTIVITIES OF LAW ENFORCEMENT.—This sec23 tion shall not prohibit any lawfully authorized investiga24 tive, protective, or intelligence activity of a law enforce25 ment agency of the United States, a State, or political sub-
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1 division of a State, or of an intelligence agency of the 

2 United States.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 of chapter 47 of title 18, United States Code, is amended 

5 by adding after the item relating to section 1037 the fol6 lowing: 

‘‘1038. False information and hoaxes.’’. 

7 SEC. 107. INCREASED PENALTIES FOR OBSTRUCTION OF 

8 JUSTICE IN TERRORISM CASES. 

9 (a) ENHANCED PENALTY.—Sections 1001(a) and 

10 1505 of title 18, United States Code, are amended by 

11 striking ‘‘be fined under this title or imprisoned not more 

12 than 5 years, or both’’ and inserting ‘‘be fined under this 

13 title, imprisoned not more than 5 years or, if the matter 

14 relates to international or domestic terrorism (as defined 

15 in section 2331), imprisoned not more than 10 years, or 

16 both’’. 

17 (b) SENTENCING GUIDELINES.—Not later than 30 

18 days after the date of enactment of this section, the 

19 United States Sentencing Commission shall amend the 

20 Sentencing Guidelines to provide for an increased offense 

21 level for an offense under sections 1001(a) and 1505 of 

22 title 18, United States Code, if the offense involves a mat23 ter relating to international or domestic terrorism, as de24 fined in section 2331 of such title. 
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1 SEC. 108. AUTOMATIC PERMISSION FOR EX PARTE RE2 QUESTS FOR PROTECTION UNDER THE CLAS3 SIFIED INFORMATION PROCEDURES ACT. 

4 The second sentence of section 4 of the Classified In5 formation Procedures Act (18 U.S.C. App. 3) is amend6 ed— 

7 (1) by striking ‘‘may’’ and inserting ‘‘shall’’; 

8 and 

9 (2) by striking ‘‘a written statement to be in10 spected’’ and inserting ‘‘a statement to be consid11 ered’’. 

12 SEC. 109. USE OF FISA INFORMATION IN IMMIGRATION 

13 PROCEEDINGS. 

14 The following provisions of the Foreign Intelligence 

15 Surveillance Act of 1978 are each amended by inserting 

16 ‘‘(other than in civil proceedings or other civil matters 

17 under the immigration laws (as that term is defined in 

18 section 101(a)(17) of the Immigration and Nationality Act 

19 (8 U.S.C. 1101(a)(17)))’’ after ‘‘authority of the United 

20 States’’: 

21 (1) Subsections (c), (e), and (f) of section 106 

22 (50 U.S.C. 1806). 

23 (2) Subsections (d), (f), and (g) of section 305 

24 (50 U.S.C. 1825). 

25 (3) Subsections (c), (e), and (f) of section 405 

26 (50 U.S.C. 1845). 
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1 SEC. 110. EXPANDED DEATH PENALTY FOR TERRORIST 

2 MURDERS. 

3 (a) IN GENERAL.—Chapter 113B of title 18, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 2339D. Terrorist offenses resulting in death 

7 ‘‘(a) PENALTY.—A person who, in the course of com8 mitting a terrorist offense, engages in conduct that results 

9 in the death of a person, shall be punished by death, or 

10 imprisoned for any term of years or for life. 

11 ‘‘(b) TERRORIST OFFENSE DEFINED.—In this sec12 tion, the term ‘terrorist offense’ means— 

13 ‘‘(1) international or domestic terrorism as de14 fined in section 2331; 

15 ‘‘(2) a Federal crime of terrorism as defined in 

16 section 2332b(g); 

17 ‘‘(3) an offense under— 

18 ‘‘(A) this chapter; 

19 ‘‘(B) section 175, 175b, 229, or 831; or 

20 ‘‘(C) section 236 of the Atomic Energy Act 

21 of 1954 (42 U.S.C. 2284); or 

22 ‘‘(4) an attempt or conspiracy to commit an of23 fense described in paragraph (1), (2), or (3).’’. 
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1 (b) CHAPTER ANALYSIS.—The table of sections of 

2 chapter 113B of title 18, United States Code, is amended 

3 by inserting at the end the following: 

‘‘2339D. Terrorist offenses resulting in death.’’. 

4 (c) AGGRAVATING FACTORS.— 

5 (1) IN GENERAL.—Section 3591(a)(1) of title 

6 18, United States Code, is amended by striking ‘‘or 

7 section 2381’’ and inserting ‘‘, 2339D, or 2381’’. 

8 (2) CONFORMING AMENDMENT.—Section 

9 3592(b) of title 18, United States Code, is amend10 ed— 

11 (A) in the section heading, by striking 

12 ‘‘AND TREASON’’ and inserting ‘‘, TREASON, 

13 AND TERRORISM’’; and 

14 (B) in paragraph (1)— 

15 (i) in the section heading, by striking 

16 ‘‘OR TREASON’’ and inserting ‘‘, TREASON, 

17 OR TERRORISM’’; and 

18 (ii) by striking ‘‘or treason’’ and in19 serting ‘‘, treason, or terrorism’’. 

20 (d) DEATH PENALTY IN CERTAIN AIR PIRACY

21 CASES.—Section 60003(b) of the Violent Crime Control 

22 and Law Enforcement Act of 1994, (Public Law 103– 

23 322), is amended, as of the time of its enactment, by add24 ing at the end the following: 
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1 ‘‘(2) DEATH PENALTY PROCEDURES FOR CER2 TAIN PREVIOUS AIRCRAFT PIRACY VIOLATIONS.—An 

3 individual convicted of violating section 46502 of 

4 title 49, United States Code, or its predecessor, may 

5 be sentenced to death in accordance with the proce6 dures established in chapter 228 of title 18, United 

7 States Code, if for any offense committed before the 

8 enactment of the Violent Crime Control and Law 

9 Enforcement Act of 1994 (Public Law 103–322), 

10 but after the enactment of the Antihijacking Act of 

11 1974 (Public Law 93–366), it is determined by the 

12 finder of fact, before consideration of the factors set 

13 forth in sections 3591(a)(2) and 3592(a) and (c) of 

14 title 18, United States Code, that one or more of the 

15 factors set forth in former section 46503(c)(2) of 

16 title 49, United States Code, or its predecessor, has 

17 been proven by the Government to exist, beyond a 

18 reasonable doubt, and that none of the factors set 

19 forth in former section 46503(c)(1) of title 49, 

20 United States Code, or its predecessor, has been 

21 proven by the defendant to exist, by a preponderance 

22 of the information. The meaning of the term ‘espe23 cially heinous, cruel, or depraved’, as used in the 

24 factor set forth in former section 46503(c)(2)(B)(iv) 

25 of title 49, United States Code, or its predecessor, 
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1 shall be narrowed by adding the limiting language 

2 ‘in that it involved torture or serious physical abuse 

3 to the victim’, and shall be construed as when that 

4 term is used in section 3592(c)(6) of title 18, United 

5 States Code.’’. 

6 SEC. 111. DENIAL OF FEDERAL BENEFITS TO CONVICTED 

7 TERRORISTS. 

8 (a) IN GENERAL.—Chapter 113B of title 18, United 

9 States Code, as amended by this Act, is further amended 

10 by adding at the end the following: 

11 ‘‘§ 2339E. Denial of Federal benefits to terrorists 

12 ‘‘(a) IN GENERAL.—Any individual who is convicted 

13 of a Federal crime of terrorism (as defined in section 

14 2332b(g)) shall, as provided by the court on motion of 

15 the Government, be ineligible for any or all Federal bene16 fits for any term of years or for life. 

17 ‘‘(b) FEDERAL BENEFIT DEFINED.—As used in this 

18 section, ‘Federal benefit’ has the meaning given that term 

19 in section 421(d) of the Controlled Substances Act (21 

20 U.S.C. 862(d)).’’. 

21 (b) CHAPTER ANALYSIS.—The table of sections of 

22 chapter 113B of title 18, United States Code, is amended 

23 by inserting at the end the following: 

‘‘2339E. Denial of Federal benefits to terrorists.’’. 
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1 SEC. 112. UNIFORM STANDARDS FOR INFORMATION SHAR2 ING ACROSS FEDERAL AGENCIES. 

3 (a) TELEPHONE RECORDS.—Section 2709(d) of title 

4 18, United States Code, is amended by striking ‘‘for for5 eign’’ and all that follows through ‘‘such agency’’. 

6 (b) CONSUMER INFORMATION UNDER 15 U.S.C. 

7 1681u.—Section 625(f) of the Fair Credit Reporting Act 

8 (15 U.S.C. 1681u(f)) is amended to read as follows: 

9 ‘‘(f) DISSEMINATION OF INFORMATION.—The Fed10 eral Bureau of Investigation may disseminate information 

11 obtained pursuant to this section only as provided in 

12 guidelines approved by the Attorney General.’’. 

13 (c) CONSUMER INFORMATION UNDER 15 U.S.C. 

14 1681v.—Section 626 of the Fair Credit Reporting Act (15 

15 U.S.C. 1681v) is amended— 

16 (1) by redesignating subsections (d) and (e) as 

17 subsections (e) and (f), respectively; and 

18 (2) by inserting after subsection (c) the fol19 lowing: 

20 ‘‘(d) DISSEMINATION OF INFORMATION.—The Fed21 eral Bureau of Investigation may disseminate information 

22 obtained pursuant to this section only as provided in 

23 guidelines approved by the Attorney General.’’. 

24 (d) FINANCIAL RECORDS.—Section 1114(a)(5)(B) of 

25 the Right to Financial Privacy Act (12 U.S.C. 
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1 3414(a)(5)(B)) is amended by striking ‘‘for foreign’’ and 

2 all that follows through ‘‘such agency’’. 

3 (e) RECORDS CONCERNING CERTAIN GOVERNMENT

4 EMPLOYEES.—Section 802(e) of the National Security 

5 Act of 1947 (50 U.S.C. 436(e)) is amended— 

6 (1) by striking ‘‘An agency’’ and inserting the 

7 following: ‘‘The Federal Bureau of Investigation 

8 may disseminate records or information received 

9 pursuant to a request under this section only as pro10 vided in guidelines approved by the Attorney Gen11 eral. Any other agency’’; and 

12 (2) in paragraph (3), by striking ‘‘clearly’’. 

13 SEC. 113. AUTHORIZATION TO SHARE NATIONAL-SECURITY 

14 AND GRAND-JURY INFORMATION WITH 

15 STATE AND LOCAL GOVERNMENTS. 

16 (a) INFORMATION OBTAINED IN NATIONAL SECU17 RITY INVESTIGATIONS.—Section 203(d) of the USA PA18 TRIOT ACT (50 U.S.C. 403–5d) is amended— 

19 (1) in paragraph (1), by striking ‘‘criminal in20 vestigation’’ each place it appears and inserting 

21 ‘‘criminal or national security investigation’’; and 

22 (2) by amending paragraph (2) to read as fol23 lows: 

24 ‘‘(2) DEFINITIONS.—As used in this sub25 section— 
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1 ‘‘(A) the term ‘foreign intelligence informa2 tion’ means— 

3 ‘‘(i) information, whether or not con4 cerning a United States person, that re5 lates to the ability of the United States to 

6 protect against— 

7 ‘‘(I) actual or potential attack or 

8 other grave hostile acts of a foreign 

9 power or an agent of a foreign power; 

10 ‘‘(II) sabotage or international 

11 terrorism by a foreign power or an 

12 agent of a foreign power; or 

13 ‘‘(III) clandestine intelligence ac14 tivities by an intelligence service or 

15 network of a foreign power or by an 

16 agent of a foreign power; or 

17 ‘‘(ii) information, whether or not con18 cerning a United States person, with re19 spect to a foreign power or foreign terri20 tory that relates to— 

21 ‘‘(I) the national defense or the 

22 security of the United States; or 

23 ‘‘(II) the conduct of the foreign 

24 affairs of the United States; and 
24 

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1 ‘‘(B) the term ‘national security investiga2 tion’— 

3 ‘‘(i) means any investigative activity 

4 to protect the national security; and 

5 ‘‘(ii) includes— 

6 ‘‘(I) counterintelligence and the 

7 collection of intelligence (as defined in 

8 section 3 of the National Security Act 

9 of 1947 (50 U.S.C. 401a)); and 

10 ‘‘(II) the collection of foreign in11 telligence information.’’. 

12 (b) RULE AMENDMENTS.—Rule 6(e) of the Federal 

13 Rules of Criminal Procedure is amended— 

14 (1) in paragraph (3)— 

15 (A) in subparagraph (A)(ii), by striking 

16 ‘‘or state subdivision or of an Indian tribe’’ and 

17 inserting ‘‘, state subdivision, Indian tribe, or 

18 foreign government’’; 

19 (B) in subparagraph (D)— 

20 (i) by inserting after the first sentence 

21 the following: ‘‘An attorney for the govern22 ment may also disclose any grand-jury 

23 matter involving a threat of actual or po24 tential attack or other grave hostile acts of 

25 a foreign power or an agent of a foreign 
25 

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1 power, domestic or international sabotage, 

2 domestic or international terrorism, or 

3 clandestine intelligence gathering activities 

4 by an intelligence service or network of a 

5 foreign power or by an agent of a foreign 

6 power, within the United States or else7 where, to any appropriate Federal, State, 

8 state subdivision, Indian tribal, or foreign 

9 government official for the purpose of pre10 venting or responding to such a threat.’’; 

11 and 

12 (ii) in clause (i)— 

13 (I) by striking ‘‘federal’’; and 

14 (II) by adding at the end the fol15 lowing: ‘‘Any State, state subdivision, 

16 Indian tribal, or foreign government 

17 official who receives information 

18 under Rule 6(e)(3)(D) may use the 

19 information only consistent with such 

20 guidelines as the Attorney General 

21 and Director of Central Intelligence 

22 shall jointly issue.’’; and 

23 (C) in subparagraph (E)— 

24 (i) by redesignating clauses (iii) and 

25 (iv) as clauses (iv) and (v), respectively; 
26 

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1 (ii) by inserting after clause (ii) the 

2 following: 

3 ‘‘(iii) at the request of the govern4 ment, when sought by a foreign court or 

5 prosecutor for use in an official criminal 

6 investigation; ’’; and 

7 (iii) in clause (iv), as redesignated— 

8 (I) by striking ‘‘state or Indian 

9 tribal’’ and inserting ‘‘State, Indian 

10 tribal, or foreign’’; and 

11 (II) by striking ‘‘or Indian tribal 

12 official’’ and inserting ‘‘Indian tribal, 

13 or foreign government official’’; and 

14 (2) in paragraph (7), by inserting ‘‘, or of 

15 guidelines jointly issued by the Attorney General and 

16 Director of Central Intelligence pursuant to Rule 6,’’ 

17 after ‘‘Rule 6’’. 

18 (c) CONFORMING AMENDMENT.—Section 203(c) of 

19 the USA PATRIOT ACT (18 U.S.C. 2517 note) is 

20 amended by striking ‘‘Rule 6(e)(3)(C)(i)(V) and (VI)’’ and 

21 inserting ‘‘Rule 6(e)(3)(D)’’. 

22 SEC. 114. PROVIDING MATERIAL SUPPORT TO TERRORISM. 

23 (a) IN GENERAL.—Section 2339A(a) of title 18, 

24 United States Code, is amended— 
27 

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1 (1) by striking ‘‘Whoever’’ and inserting the fol2 lowing: 

3 ‘‘(1) IN GENERAL.—Any person who’’; 

4 (2) by striking ‘‘A violation’’ and inserting the 

5 following: 

6 ‘‘(3) PROSECUTION.—A violation’’; 

7 (3) by inserting after paragraph (1) the fol8 lowing: 

9 ‘‘(2) ADDITIONAL OFFENSE.— 

10 ‘‘(A) IN GENERAL.—Any person who pro11 vides material support or resources or conceals 

12 or disguises the nature, location, source, or 

13 ownership of material support or resources, 

14 knowing or intending that they are to be used 

15 in preparation for, or in carrying out, an act of 

16 international or domestic terrorism, or in the 

17 preparation for, or in carrying out, the conceal18 ment or escape from the commission of any 

19 such act, or attempts or conspires to do so, 

20 shall be punished as provided under paragraph 

21 (1) for an offense under that paragraph. 

22 ‘‘(B) JURISDICTION.—There is Federal ju23 risdiction over an offense under this paragraph 

24 if— 
28 

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1 ‘‘(i) the offense occurs in or affects 

2 interstate or foreign commerce; 

3 ‘‘(ii) the act of terrorism is an act of 

4 international or domestic terrorism that 

5 violates the criminal law of the United 

6 States; 

7 ‘‘(iii) the act of terrorism is an act of 

8 domestic terrorism that appears to be in9 tended to influence the policy, or affect the 

10 conduct, of the Government of the United 

11 States or a foreign government; 

12 ‘‘(iv) the act of terrorism is an act of 

13 international terrorism that appears to be 

14 intended to influence the policy, or affect 

15 the conduct, of the Government of the 

16 United States or a foreign government, 

17 and an offender, acting within the United 

18 States or outside the territorial jurisdiction 

19 of the United States, is— 

20 ‘‘(I) a national of the United 

21 States (as defined in section 

22 101(a)(22) of the Immigration and 

23 Nationality Act (8 U.S.C. 

24 1101(a)(22)); 
29 

•S 2679 PCS 

1 ‘‘(II) an alien lawfully admitted 

2 for permanent residence in the United 

3 States (as defined in section 

4 101(a)(20) of such Act); or 

5 ‘‘(III) a stateless person whose 

6 habitual residence is in the United 

7 States; 

8 ‘‘(v) the act of terrorism is an act of 

9 international terrorism that appears to be 

10 intended to influence the policy, or affect 

11 the conduct, of the Government of the 

12 United States or a foreign government, 

13 and an offender, acting within the United 

14 States, is an alien; 

15 ‘‘(vi) the act of terrorism is an act of 

16 international terrorism that appears to be 

17 intended to influence the policy, or affect 

18 the conduct, of the Government of the 

19 United States, and an offender, acting out20 side the territorial jurisdiction of the 

21 United States, is an alien; or 

22 ‘‘(vii) an offender aids or abets any 

23 person over whom jurisdiction exists under 

24 this paragraph in committing an offense 

25 under this paragraph or conspires with any 
30 

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1 person over whom jurisdiction exists under 

2 this paragraph to commit an offense under 

3 this paragraph.’’; and 

4 (4) by inserting ‘‘act or’’ after ‘‘underlying’’. 

5 (b) DEFINITIONS.—Section 2339A(b) of title 18, 

6 United States Code, is amended to read as follows— 

7 ‘‘(b) DEFINITIONS.—As used in this section— 

8 ‘‘(1) the term ‘material support or resources’ 

9 means any property (tangible or intangible) or serv10 ice, including currency or monetary instruments or 

11 financial securities, financial services, lodging, train12 ing, expert advice or assistance, safehouses, false 

13 documentation or identification, communications 

14 equipment, facilities, weapons, lethal substances, ex15 plosives, personnel (1 or more individuals who may 

16 be or include oneself), and transportation, except 

17 medicine or religious materials; 

18 ‘‘(2) the term ‘training’ means instruction or 

19 teaching designed to impart a specific skill, rather 

20 than general knowledge; and 

21 ‘‘(3) the term ‘expert advice or assistance’ 

22 means advice or assistance derived from scientific, 

23 technical, or other specialized knowledge.’’. 
31 

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1 (c) MATERIAL SUPPORT TO FOREIGN TERRORIST

2 ORGANIZATION.—Section 2339B(a)(1) of title 18, United 

3 States Code, is amended— 

4 (1) by striking ‘‘Whoever, within the United 

5 States or subject to the jurisdiction of the United 

6 States,’’ and inserting the following: 

7 ‘‘(A) IN GENERAL.—Any person who’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(B) KNOWLEDGE REQUIREMENT.—A per10 son cannot violate this paragraph unless the 

11 person has knowledge that the organization re12 ferred to in subparagraph (A)— 

13 ‘‘(i) is a terrorist organization; 

14 ‘‘(ii) has engaged or engages in ter15 rorist activity (as defined in section 

16 212(a)(3)(B) of the Immigration and Na17 tionality Act (8 U.S.C. 1182(a)(3)(B)); or 

18 ‘‘(iii) has engaged or engages in ter19 rorism (as defined in section 140(d)(2) of 

20 the Foreign Relations Authorization Act, 

21 Fiscal Years 1988 and 1989 (22 U.S.C. 

22 2656f(d)(2)).’’. 

23 (d) JURISDICTION.—Section 2339B(d) of title 18, 

24 United States Code, is amended to read as follows: 

25 ‘‘(d) JURISDICTION.— 
32 

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1 ‘‘(1) IN GENERAL.—There is jurisdiction over 

2 an offense under subsection (a) if— 

3 ‘‘(A) an offender is a national of the 

4 United States (as defined in section 101(a)(22) 

5 of the Immigration and Nationality Act (8 

6 U.S.C. 1101(a)(22)) or an alien lawfully admit7 ted for permanent residence in the United 

8 States (as defined in section 101(a)(20) of such 

9 Act); 

10 ‘‘(B) an offender is a stateless person 

11 whose habitual residence is in the United 

12 States; 

13 ‘‘(C) an offender is brought in or found in 

14 the United States after the conduct required for 

15 the offense occurs, even if such conduct occurs 

16 outside the United States; 

17 ‘‘(D) the offense occurs in whole or in part 

18 within the United States; 

19 ‘‘(E) the offense occurs in or affects inter20 state or foreign commerce; or 

21 ‘‘(F) an offender aids or abets any person, 

22 over whom jurisdiction exists under this para23 graph, in committing an offense under sub24 section (a) or conspires with any person, over 
33 

•S 2679 PCS 

1 whom jurisdiction exists under this paragraph, 

2 to commit an offense under subsection (a). 

3 ‘‘(2) EXTRATERRITORIAL JURISDICTION.— 

4 There is extraterritorial Federal jurisdiction over an 

5 offense under this section.’’. 

6 (e) PROVISION OF PERSONNEL.—Section 2339B of 

7 title 18, United States Code, is amended— 

8 (1) by redesignating subsection (g) as sub9 section (h); and 

10 (2) by adding after subsection (f) the following: 

11 ‘‘(g) PROVISION OF PERSONNEL.—No person may be 

12 prosecuted under this section in connection with the term 

13 ‘personnel’ unless that person has knowingly provided, at14 tempted to provide, or conspired to provide a foreign ter15 rorist organization with 1 or more individuals (who may 

16 be or include that person) to work under that terrorist 

17 organization’s direction or control or to organize, manage, 

18 supervise, or otherwise direct the operation of that organi19 zation. Any person who acts entirely independently of the 

20 foreign terrorist organization to advance its goals or objec21 tives shall not be considered to be working under the for22 eign terrorist organization’s direction or control.’’. 
34 

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1 SEC. 115. RECEIVING MILITARY TYPE TRAINING FROM A 

2 FOREIGN TERRORIST ORGANIZATION. 

3 (a) PROHIBITION AS TO CITIZENS AND RESI4 DENTS.— 

5 (1) IN GENERAL.—Chapter 113B of title 18, 

6 United States Code, is amended by adding after sec7 tion 2339C the following: 

8 ‘‘§ 2339E. Receiving military-type training from a for9 eign terrorist organization 

10 ‘‘(a) OFFENSE.— 

11 ‘‘(1) IN GENERAL.—Whoever knowingly receives 

12 military-type training from or on behalf of any orga13 nization designated at the time of the training by 

14 the Secretary of State under section 219(a)(1) of 

15 the Immigration and Nationality Act (8 U.S.C. 

16 1189(a)(1)) as a foreign terrorist organization, shall 

17 be fined under this title, imprisoned for ten years, 

18 or both. 

19 ‘‘(2) KNOWLEDGE REQUIREMENT.—To violate 

20 paragraph (1), a person must have knowledge that 

21 the organization is a designated terrorist organiza22 tion (as defined in subsection (c)(4)), that the orga23 nization has engaged or engages in terrorist activity 

24 (as defined in section 212 of the Immigration and 

25 Nationality Act (8 U.S.C. 1182(a)(3)(B)), or that 

26 the organization has engaged or engages in ter-
35 

•S 2679 PCS 

1 rorism (as defined in section 140(d)(2) of the For2 eign Relations Authorization Act, Fiscal Years 1988 

3 and 1989 (22 U.S.C. 2656f(d)(2)). 

4 ‘‘(b) JURISDICTION.— 

5 ‘‘(1) IN GENERAL.—There is jurisdiction over 

6 an offense under subsection (a) if— 

7 ‘‘(A) an offender is a national of the 

8 United States (as defined in 101(a)(22) of the 

9 Immigration and Nationality Act (8 U.S.C. 

10 1101(a)(22)), or an alien lawfully admitted for 

11 permanent residence in the United States (as de12 fined in section 101(a)(20) of the Immigration 

13 and Nationality Act (8 U.S.C. 1101(a)(20)); 

14 ‘‘(B) an offender is a stateless person 

15 whose habitual residence is in the United 

16 States; 

17 ‘‘(C) after the conduct required for the of18 fense occurs an offender is brought into or 

19 found in the United States, even if the conduct 

20 required for the offense occurs outside the 

21 United States; 

22 ‘‘(D) the offense occurs in whole or in part 

23 within the United States; 

24 ‘‘(E) the offense occurs in or affects inter25 state or foreign commerce; and 
36 

•S 2679 PCS 

1 ‘‘(F) an offender aids or abets any person 

2 over whom jurisdiction exists under this para3 graph in committing an offense under sub4 section (a), or conspires with any person over 

5 whom jurisdiction exists under this paragraph 

6 to commit an offense under subsection (a). 

7 ‘‘(2) EXTRATERRITORIAL JURISDICTION.— 

8 There is extraterritorial Federal jurisdiction over an 

9 offense under this section. 

10 ‘‘(c) DEFINITIONS.—In this section: 

11 ‘‘(1) MILITARY-TYPE TRAINING.—The term 

12 ‘military-type training’ means training in means or 

13 methods that can cause death or serious bodily in14 jury, destroy or damage property, or disrupt services 

15 to critical infrastructure, or training on the use, 

16 storage, production, or assembly of any explosive, 

17 firearm or other weapon, including any weapon of 

18 mass destruction (as defined in section 2232a(c)(2)). 

19 ‘‘(2) SERIOUS BODILY INJURY.—The term ‘seri20 ous bodily injury’ has the meaning given that term 

21 in section 1365(h)(3). 

22 ‘‘(3) CRITICAL INFRASTRUCTURE.—The term 

23 ‘critical infrastructure’ means systems and assets 

24 vital to national defense, national security, economic 

25 security, public health, or safety, including both re-
37 

•S 2679 PCS 

1 gional and national infrastructure. Critical infra2 structure may be publicly or privately owned. Exam3 ples of critical infrastructure include gas and oil pro4 duction, storage, or delivery systems, water supply 

5 systems, telecommunications networks, electrical 

6 power generation or delivery systems, financing and 

7 banking systems, emergency services (including med8 ical, police, fire, and rescue services), and transpor9 tation systems and services (including highways, 

10 mass transit, airlines, and airports). 

11 ‘‘(4) FOREIGN TERRORIST ORGANIZATION.— 

12 The term ‘foreign terrorist organization’ means an 

13 organization designated as a terrorist organization 

14 under section 219 (a)(1) of the Immigration and 

15 Nationality Act (8 U.S.C. 1189(a)(1)).’’. 

16 (2) TECHNICAL AND CONFORMING AMEND17 MENT.—The table of sections for chapter 113B of 

18 title 18, United States Code, is amended by adding 

19 at the end the following: 

‘‘2339E. Receiving military-type training from a foreign terrorist organization.’’. 

20 (b) INADMISSIBILITY OF ALIENS WHO HAVE RE21 CEIVED MILITARY-TYPE TRAINING FROM TERRORIST OR22 GANIZATIONS.—Section 212(a)(3)(B)(i) of the Immigra23 tion and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is 

24 amended— 
38 

•S 2679 PCS 

1 (1) by striking ‘‘is inadmissable. An alien who 

2 is an officer, official, representative, or spokesman of 

3 the Palestine Liberation Organization is considered, 

4 for purposes of this chapter, to be engaged in a ter5 rorist activity.’’; and 

6 (2) by inserting after subclause (VII) the fol7 lowing: 

8 ‘‘(VIII) has received military-type 

9 training (as defined in section 

10 2339D(c)(1) of title 18, United States 

11 Code) from or on behalf of any orga12 nization that, at the time the training 

13 was received, was a terrorist organiza14 tion under section 212(a)(3)(B)(vi), 

15 is inadmissable. An alien who is an officer, 

16 official, representative, or spokesman of 

17 the Palestine Liberation Organization is 

18 considered, for purposes of this chapter, to 

19 be engaged in a terrorist activity.’’. 

20 (c) INADMISSABILITY OF REPRESENTATIVES AND

21 MEMBERS OF TERRORIST ORGANIZATIONS.—Section 

22 212(a)(3)(B)(i) of the Immigration and Nationality Act 

23 (8 U.S.C. 1182(a)(3)(B)(i)) is amended— 

24 (1) in subclause (IV), by striking item (aa) and 

25 inserting the following: 
39 

•S 2679 PCS 

1 ‘‘(aa) a terrorist organiza2 tion as defined under section 

3 212(a)(3)(B)(vi), or’’; and 

4 (2) by striking subclause (V) and inserting the 

5 following: 

6 ‘‘(V) is a member of— 

7 ‘‘(aa) a terrorist organiza8 tion as defined under section 

9 212(a)(3)(B)(vi); or 

10 ‘‘(bb) an organization which 

11 the alien knows or should have 

12 known is a terrorist organiza13 tion,’’. 

14 (d) DEPORTATION OF ALIENS WHO HAVE RECEIVED

15 MILITARY-TYPE TRAINING FROM TERRORIST ORGANIZA16 TIONS.—Section 237(a)(4) of the Immigration and Na17 tionality Act (8 U.S.C. 1227(a)(4)) is amended by adding 

18 at the end the following: 

19 ‘‘(E) RECIPIENT OF MILITARY-TYPE

20 TRAINING.—Any alien who has received mili21 tary-type training (as defined in section 

22 2339D(c)(1) of title 18, United States Code) 

23 from or on behalf of any organization that, at 

24 the time the training was received, was a ter-
40 

•S 2679 PCS 

1 rorist organization under section 

2 212(a)(3)(B)(vi), is deportable.’’. 

3 (e) RETROACTIVE APPLICATION.—The amendments 

4 made by subsections (b), (c), and (d) of this section shall 

5 apply to the receipt of military training occuring before, 

6 on, or after the date of enactment of this Act. 

7 SEC. 116. WEAPONS OF MASS DESTRUCTION. 

8 (a) EXPANSION OF JURISDICTIONAL BASES AND

9 SCOPE.—Section 2332a of title 18, United States Code, 

10 is amended— 

11 (1) in subsection (a)— 

12 (A) by striking paragraph (2) and insert13 ing the following: 

14 ‘‘(2)(A) against any person or property within 

15 the United States, and— 

16 ‘‘(B)(i) the mail or any facility of interstate or 

17 foreign commerce is used in furtherance of the of18 fense; 

19 ‘‘(ii) such property is used in interstate or for20 eign commerce or in an activity that affects inter21 state or foreign commerce; 

22 ‘‘(iii) any perpetrator travels in or causes an23 other to travel in interstate or foreign commerce in 

24 furtherance of the offense; or 
41 

•S 2679 PCS 

1 ‘‘(iv) the offense, or the results of the offense, 

2 affect interstate or foreign commerce, or, in the case 

3 of a threat, attempt, or conspiracy, would have af4 fected interstate or foreign commerce;’’; 

5 (B) in paragraph (3), by striking the 

6 comma at the end and inserting ‘‘; or’’; and 

7 (C) by adding at the end the following: 

8 ‘‘(4) against any property within the United 

9 States that is owned, leased, or used by a foreign 

10 government,’’; and 

11 (2) in subsection (c)— 

12 (A) in paragraph (1), by striking ‘‘and’’ at 

13 the end; 

14 (B) in paragraph (2), by striking the pe15 riod at the end and inserting ‘‘; and’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(3) the term ‘property’ includes all real and 

18 personal property.’’. 

19 (b) RESTORATION OF THE COVERAGE OF CHEMICAL

20 WEAPONS.— 

21 (1) IN GENERAL.—Section 2332a of title 18, 

22 United States Code, as amended by this Act, is fur23 ther amended by— 

24 (A) in the section heading, by striking 

25 ‘‘CERTAIN’’; 
42 

•S 2679 PCS 

1 (B) in subsection (a), by striking ‘‘(other 

2 than a chemical weapon as that term is defined 

3 in section 229F)’’; and 

4 (C) in subsection (b), by striking ‘‘(other 

5 than a chemical weapon (as that term is de6 fined in section 229F))’’. 

7 (2) TECHNICAL AND CONFORMING AMEND8 MENT.—The table of sections for chapter 113B of 

9 title 18, United States Code, is amended in the mat10 ter relating to section 2332a by striking ‘‘certain’’. 

11 (c) EXPANSION OF CATEGORIES OF RESTRICTED

12 PERSONS SUBJECT TO PROHIBITIONS RELATING TO SE13 LECT AGENTS.—Section 175b(d)(2) of title 18, United 

14 States Code, is amended— 

15 (1) in subparagraph (G)— 

16 (A) by inserting ‘‘(i)’’ after ‘‘(G)’’; 

17 (B) by striking ‘‘or’’ after the semicolon; 

18 and 

19 (C) by adding at the end the following: 

20 ‘‘(ii) acts for or on behalf of, or operates 

21 subject to the direction or control of, a govern22 ment or official of a country described in this 

23 subparagraph;’’; and 

24 (2) in subparagraph (H), by striking the period 

25 and inserting ‘‘; or’’; and 
43 

•S 2679 PCS 

1 (3) by adding at the end the following: 

2 ‘‘(I) is a member of, acts for or on behalf 

3 of, or operates subject to the direction or con4 trol of, a terrorist organization (as that term is 

5 defined under section 212(a)(3)B)(vi) of the 

6 Immigration and Nationality Act (8 U.S.C. 

7 1182(a)(3)(B)(vi))).’’. 

8 (d) CONFORMING AMENDMENT TO REGULATIONS.— 

9 (1) IN GENERAL.—Section 175b(a)(1) of title 

10 18, United States Code, is amended by striking ‘‘as 

11 a select agent in Appendix A’’ and all that follows 

12 through the period and inserting ‘‘as a non-overlap 

13 or overlap select biological agent or toxin in sections 

14 73.4 and 73.5 of title 42, Code of Federal Regula15 tions, pursuant to section 351A of the Public Health 

16 Service Act, and is not excluded under sections 73.4 

17 and 73.5 or exempted under section 73.6 of title 42, 

18 Code of Federal Regulations.’’. 

19 (2) EFFECTIVE DATE.—The amendment made 

20 by paragraph (1) shall take effect on the date that 

21 sections 73.4, 73.5, and 73.6 of title 42, Code of 

22 Federal Regulations, become effective. 
44 

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1 SEC. 117. PARTICIPATION IN NUCLEAR AND WEAPONS OF 

2 MASS DESTRUCTION THREATS TO THE 

3 UNITED STATES. 

4 (a) ATOMIC ENERGY ACT.—Section 57(b) of the 

5 Atomic Energy Act of 1954 (42 U.S.C. 2077(b)) is 

6 amended by striking ‘‘in the production of any special nu7 clear material’’ and inserting ‘‘or participate in the devel8 opment or production of any special nuclear material or 

9 atomic weapon’’. 

10 (b) NUCLEAR WEAPON AND WMD THREATS.— 

11 (1) IN GENERAL.—Chapter 39 of title 18, 

12 United States Code, is amended by adding at the 

13 end the following: 

14 ‘‘§ 838. Participation in nuclear and weapons of mass 

15 destruction threats to the United States 

16 ‘‘(a) IN GENERAL.—Whoever, within the United 

17 States, or subject to the jurisdiction of the United States, 

18 willfully participates in or provides material support or re19 sources (as that term is defined under section 2339A) to 

20 a nuclear weapons program, or other weapons of mass de21 struction program of a foreign terrorist power, or attempts 

22 or conspires to do so, shall be imprisoned for not more 

23 than 20 years. 

24 ‘‘(b) JURISDICTION.—There is extraterritorial Fed25 eral jurisdiction over an offense under this section. 

26 ‘‘(c) DEFINITIONS.—As used in this section— 
45 

•S 2679 PCS 

1 ‘‘(1) FOREIGN TERRORIST POWER.—The term 

2 ‘foreign terrorist power’ means a terrorist organiza3 tion designated under section 219 of the Immigra4 tion and Nationality Act (8 U.S.C. 1189), or a state 

5 sponsor of terrorism designated under section 6(j) of 

6 the Export Administration Act of 1979 (50 U.S.C. 

7 App. 2405), or section 620A of the Foreign Assist8 ance Act of 1961 (22 U.S.C. 2371). 

9 ‘‘(2) NUCLEAR WEAPON.—The term ‘nuclear 

10 weapon’ means any weapon that contains or uses 

11 nuclear material (as that term is defined under sec12 tion 831(f)(1)). 

13 ‘‘(3) NUCLEAR WEAPONS PROGRAM.—The term 

14 ‘nuclear weapons program’ means a program or plan 

15 for the development, acquisition, or production of 

16 any nuclear weapon or weapons. 

17 ‘‘(4) WEAPONS OF MASS DESTRUCTION PRO18 GRAM.—The term ‘weapons of mass destruction pro19 gram’ means a program or plan for the development, 

20 acquisition, or production of any weapon or weapons 

21 of mass destruction (as that term is defined in sec22 tion 2332a(c)).’’. 

23 (2) TECHNICAL AND CONFORMING AMEND24 MENT.—The table of sections for chapter 39 of title 
46 

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1 18, United States Code, is amended by adding at 

2 the end the following: 

‘‘Sec. 838. Participation in nuclear and weapons of mass destruction 

threats to the United States.’’. 

3 (c) ACT OF TERRORISM TRANSCENDING NATIONAL

4 BOUNDARIES.—Section 2332b(g)(5)(B)(i) of title 18, 

5 United States Code, is amended by inserting ‘‘832 (relat6 ing to participation in nuclear and weapons of mass de7 struction threats to the United States)’’ after ‘‘nuclear 

8 materials),’’. 

9 TITLE II—PREVENTION OF TER10 RORIST ACCESS TO SPECIAL 

11 WEAPONS ACT 

12 SEC. 201. SHORT TITLE. 

13 This title may be cited as the ‘‘Prevention of Ter14 rorist Access to Special Weapons Act of 2004’’. 

15 SEC. 202. MISSILE SYSTEMS DESIGNED TO DESTROY AIR16 CRAFT. 

17 Chapter 113B of title 18, United States Code, is 

18 amended by adding after section 2332g, as added by this 

19 Act, the following: 

20 ‘‘§ 2332h. Missile systems designed to destroy aircraft 

21 ‘‘(a) UNLAWFUL CONDUCT.— 

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graph (3), it shall be unlawful for any person to 

24 knowingly produce, construct, otherwise acquire, 
47 

•S 2679 PCS 

1 transfer directly or indirectly, receive, possess, im2 port, export, or use, or possess and threaten to 

3 use— 

4 ‘‘(A) an explosive or incendiary rocket or 

5 missile that is guided by any system designed to 

6 enable the rocket or missile to— 

7 ‘‘(i) seek or proceed toward energy ra8 diated or reflected from an aircraft or to9 ward an image locating an aircraft; or 

10 ‘‘(ii) otherwise direct or guide the 

11 rocket or missile to an aircraft; 

12 ‘‘(B) any device designed or intended to 

13 launch or guide a rocket or missile described in 

14 subparagraph (A); or 

15 ‘‘(C) any part or combination of parts de16 signed or redesigned for use in assembling or 

17 fabricating a rocket, missile, or device described 

18 in subparagraph (A) or (B). 

19 ‘‘(2) NONWEAPON.—Paragraph (1)(A) does not 

20 apply to any device that is neither designed nor re21 designed for use as a weapon. 

22 ‘‘(3) EXCLUDED CONDUCT.—This subsection 

23 does not apply with respect to— 

24 ‘‘(A) conduct by or under the authority of 

25 the United States or any department or agency 
48 

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1 thereof or of a State or any department or 

2 agency thereof; or 

3 ‘‘(B) conduct pursuant to the terms of a 

4 contract with the United States or any depart5 ment or agency thereof or with a State or any 

6 department or agency thereof. 

7 ‘‘(b) JURISDICTION.—Conduct prohibited by sub8 section (a) is within the jurisdiction of the United States 

9 if— 

10 ‘‘(1) the offense occurs in or affects interstate 

11 or foreign commerce; 

12 ‘‘(2) the offense occurs outside of the United 

13 States and is committed by a national of the United 

14 States; 

15 ‘‘(3) the offense is committed against a national 

16 of the United States while the national is outside the 

17 United States; 

18 ‘‘(4) the offense is committed against any prop19 erty that is owned, leased, or used by the United 

20 States or by any department or agency of the United 

21 States, whether the property is within or outside the 

22 United States; or 

23 ‘‘(5) an offender aids or abets any person over 

24 whom jurisdiction exists under this subsection in 

25 committing an offense under this section or con-
49 

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1 spires with any person over whom jurisdiction exists 

2 under this subsection to commit an offense under 

3 this section. 

4 ‘‘(c) CRIMINAL PENALTIES.— 

5 ‘‘(1) IN GENERAL.—Any person who violates, or 

6 attempts or conspires to violate, subsection (a) shall 

7 be fined not more than $2,000,000 and shall be sen8 tenced to a term of imprisonment not less than 30 

9 years or to imprisonment for life. 

10 ‘‘(2) LIFE IMPRISONMENT.—Any person who, 

11 in the course of a violation of subsection (a), uses, 

12 attempts or conspires to use, or possesses and 

13 threatens to use, any item or items described in sub14 section (a), shall be fined not more than $2,000,000 

15 and imprisoned for life. 

16 ‘‘(3) DEATH PENALTY.—If the death of another 

17 results from a person’s violation of subsection (a), 

18 the person shall be fined not more than $2,000,000 

19 and punished by death or imprisoned for life. 

20 ‘‘(d) DEFINITION.—As used in this section, the term 

21 ‘aircraft’ has the definition set forth in section 

22 40102(a)(6) of title 49, United States Code.’’. 

23 SEC. 203. ATOMIC WEAPONS. 

24 (a) PROHIBITIONS.—Section 92 of the Atomic En25 ergy Act of 1954 (42 U.S.C. 2122) is amended by— 
50 

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1 (1) inserting at the beginning ‘‘a.’’ before ‘‘It’’; 

2 (2) inserting ‘‘knowingly’’ after ‘‘for any person 

3 to’’; 

4 (3) striking ‘‘or’’ before ‘‘export’’; 

5 (4) striking ‘‘transfer or receive in interstate or 

6 foreign commerce,’’ before ‘‘manufacture’’; 

7 (5) inserting ‘‘receive,’’ after ‘‘acquire,’’; 

8 (6) inserting ‘‘, or use, or possess and threaten 

9 to use,’’ before ‘‘any atomic weapon’’; 

10 (7) inserting at the end the following: 

11 ‘‘b. Conduct prohibited by subsection a. is within the 

12 jurisdiction of the United States if— 

13 ‘‘(1) the offense occurs in or affects interstate 

14 or foreign commerce; the offense occurs outside of 

15 the United States and is committed by a national of 

16 the United States; 

17 ‘‘(2) the offense is committed against a national 

18 of the United States while the national is outside the 

19 United States; 

20 ‘‘(3) the offense is committed against any prop21 erty that is owned, leased, or used by the United 

22 States or by any department or agency of the United 

23 States, whether the property is within or outside the 

24 United States; or 
51 

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1 ‘‘(4) an offender aids or abets any person over 

2 whom jurisdiction exists under this subsection in 

3 committing an offense under this section or con4 spires with any person over whom jurisdiction exists 

5 under this subsection to commit an offense under 

6 this section.’’. 

7 (b) VIOLATIONS.—Section 222 of the Atomic Energy 

8 Act of 1954 (42 U.S.C. 2272) is amended by— 

9 (1) inserting at the beginning ‘‘a.’’ before 

10 ‘‘Whoever’’; 

11 (2) striking ‘‘, 92,’’; and 

12 (3) inserting at the end the following: 

13 ‘‘b. Any person who violates, or attempts or conspires 

14 to violate, section 92 shall be fined not more than 

15 $2,000,000 and sentenced to a term of imprisonment not 

16 less than 30 years or to imprisonment for life. Any person 

17 who, in the course of a violation of section 92, uses, at18 tempts or conspires to use, or possesses and threatens to 

19 use, any atomic weapon shall be fined not more than 

20 $2,000,000 and imprisoned for life. If the death of an21 other results from a person’s violation of section 92, the 

22 person shall be fined not more than $2,000,000 and pun23 ished by death or imprisoned for life.’’. 
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1 SEC. 204. RADIOLOGICAL DISPERSAL DEVICES. 

2 Chapter 113B of title 18, United States Code, is 

3 amended by adding after section 2332h, as added by this 

4 Act, the following: 

5 ‘‘§ 2332i. Radiological dispersal devices 

6 ‘‘(a) UNLAWFUL CONDUCT.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), it shall be unlawful for any person to 

9 knowingly produce, construct, otherwise acquire, 

10 transfer directly or indirectly, receive, possess, im11 port, export, or use, or possess and threaten to 

12 use— 

13 ‘‘(A) any weapon that is designed or in14 tended to release radiation or radioactivity at a 

15 level dangerous to human life; or 

16 ‘‘(B) any device or other object that is ca17 pable of and designed or intended to endanger 

18 human life through the release of radiation or 

19 radioactivity. 

20 ‘‘(2) EXCEPTION.—This subsection does not 

21 apply with respect to— 

22 ‘‘(A) conduct by or under the authority of 

23 the United States or any department or agency 

24 thereof; or 
53 

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1 ‘‘(B) conduct pursuant to the terms of a 

2 contract with the United States or any depart3 ment or agency thereof. 

4 ‘‘(b) JURISDICTION.—Conduct prohibited by sub5 section (a) is within the jurisdiction of the United States 

6 if— 

7 ‘‘(1) the offense occurs in or affects interstate 

8 or foreign commerce; 

9 ‘‘(2) the offense occurs outside of the United 

10 States and is committed by a national of the United 

11 States; 

12 ‘‘(3) the offense is committed against a national 

13 of the United States while the national is outside the 

14 United States; 

15 ‘‘(4) the offense is committed against any prop16 erty that is owned, leased, or used by the United 

17 States or by any department or agency of the United 

18 States, whether the property is within or outside the 

19 United States; or 

20 ‘‘(5) an offender aids or abets any person over 

21 whom jurisdiction exists under this subsection in 

22 committing an offense under this section or con23 spires with any person over whom jurisdiction exists 

24 under this subsection to commit an offense under 

25 this section. 
54 

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1 ‘‘(c) CRIMINAL PENALTIES.— 

2 ‘‘(1) IN GENERAL.—Any person who violates, or 

3 attempts or conspires to violate, subsection (a) shall 

4 be fined not more than $2,000,000 and shall be sen5 tenced to a term of imprisonment not less than 30 

6 years or to imprisonment for life. 

7 ‘‘(2) LIFE IMPRISONMENT.—Any person who, 

8 in the course of a violation of subsection (a), uses, 

9 attempts or conspires to use, or possesses and 

10 threatens to use, any item or items described in sub11 section (a), shall be fined not more than $2,000,000 

12 and imprisoned for life. 

13 ‘‘(3) DEATH PENALTY.—If the death of another 

14 results from a person’s violation of subsection (a), 

15 the person shall be fined not more than $2,000,000 

16 and punished by death or imprisoned for life.’’. 

17 SEC. 205. VARIOLA VIRUS. 

18 Chapter 10 of title 18, United States Code, is amend19 ed by inserting after section 175b the following: 

20 ‘‘§ 175c. Variola virus 

21 ‘‘(a) UNLAWFUL CONDUCT.— 

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graph (2), it shall be unlawful for any person to 

24 knowingly produce, engineer, synthesize, acquire, 

25 transfer directly or indirectly, receive, possess, im-
55 

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1 port, export, or use, or possess and threaten to use, 

2 variola virus. 

3 ‘‘(2) EXCEPTION.—This subsection does not 

4 apply to conduct by, or under the authority of, the 

5 Secretary of Health and Human Services. 

6 ‘‘(b) JURISDICTION.—Conduct prohibited by sub7 section (a) is within the jurisdiction of the United States 

8 if— 

9 ‘‘(1) the offense occurs in or affects interstate 

10 or foreign commerce; 

11 ‘‘(2) the offense occurs outside of the United 

12 States and is committed by a national of the United 

13 States; 

14 ‘‘(3) the offense is committed against a national 

15 of the United States while the national is outside the 

16 United States; 

17 ‘‘(4) the offense is committed against any prop18 erty that is owned, leased, or used by the United 

19 States or by any department or agency of the United 

20 States, whether the property is within or outside the 

21 United States; or 

22 ‘‘(5) an offender aids or abets any person over 

23 whom jurisdiction exists under this subsection in 

24 committing an offense under this section or con25 spires with any person over whom jurisdiction exists 
56 

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1 under this subsection to commit an offense under 

2 this section. 

3 ‘‘(c) CRIMINAL PENALTIES.— 

4 ‘‘(1) IN GENERAL.—Any person who violates, or 

5 attempts or conspires to violate, subsection (a) shall 

6 be fined not more than $2,000,000 and shall be sen7 tenced to a term of imprisonment not less than 30 

8 years or to imprisonment for life. 

9 ‘‘(2) LIFE IMPRISONMENT.—Any person who, 

10 in the course of a violation of subsection (a), uses, 

11 attempts or conspires to use, or possesses and 

12 threatens to use, any item or items described in sub13 section (a), shall be fined not more than $2,000,000 

14 and imprisoned for life. 

15 ‘‘(3) DEATH PENALTY.—If the death of another 

16 results from a person’s violation of subsection (a), 

17 the person shall be fined not more than $2,000,000 

18 and punished by death or imprisoned for life. 

19 ‘‘(d) DEFINITION.—As used in this section, the term 

20 ‘variola virus’ means a virus that can cause human small21 pox or any derivative of the variola major virus that con22 tains more than 85 percent of the gene sequence of the 

23 variola major virus or the variola minor virus.’’. 
57 

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1 SEC. 206. INTERCEPTION OF COMMUNICATIONS. 

2 Section 2516(1) of title 18, United States Code, is 

3 amended— 

4 (1) in paragraph (a), by inserting ‘‘2122 and’’ 

5 after ‘‘sections’’; 

6 (2) in paragraph (c), by inserting ‘‘section 175c 

7 (relating to variola virus),’’ after ‘‘section 175 (relat8 ing to biological weapons),’’; and 

9 (3) in paragraph (q), by inserting ‘‘2332g, 

10 2332h,’’ after ‘‘2332f,’’. 

11 SEC. 207. AMENDMENTS TO SECTION 2332b(g)(5)(B) OF 

12 TITLE 18, UNITED STATES CODE. 

13 Section 2332b(g)(5)(B) of title 18, United States 

14 Code, is amended— 

15 (1) in clause (i)— 

16 (A) by inserting before ‘‘2339 (relating to 

17 harboring terrorists)’’ the following: ‘‘2332h 

18 (relating to missile systems designed to destroy 

19 aircraft), 2332i (relating to radiological dis20 persal devices),’’; and 

21 (B) by inserting ‘‘175c (relating to variola 

22 virus),’’ after ‘‘175 or 175b (relating to biologi23 cal weapons),’’; and 

24 (2) in clause (ii)— 
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1 (A) by striking ‘‘section’’ and inserting 

2 ‘‘sections 92 (relating to prohibitions governing 

3 atomic weapons) or’’; and 

4 (B) by inserting ‘‘2122 or’’ before ‘‘2284’’. 

5 SEC. 208. AMENDMENTS TO SECTION 1956(c)(7)(D) OF TITLE 

6 18, UNITED STATES CODE. 

7 Section 1956(c)(7)(D), title 18, United States Code, 

8 is amended— 

9 (1) by inserting after ‘‘section 152 (relating to 

10 concealment of assets; false oaths and claims; brib11 ery),’’ the following: ‘‘section 175c (relating to the 

12 variola virus),’’; 

13 (2) by inserting after ‘‘section 2332(b) (relating 

14 to international terrorist acts transcending national 

15 boundaries),’’ the following: ‘‘section 2332h (relating 

16 to missile systems designed to destroy aircraft), sec17 tion 2332i (relating to radiological dispersal de18 vices),’’; and 

19 (3) striking ‘‘or’’ after ‘‘any felony violation of 

20 the Foreign Agents Registration Act of 1938,’’ and 

21 after ‘‘any felony violation of the Foreign Corrupt 

22 Practices Act’’, striking ‘‘;’’ and inserting ‘‘, or sec23 tion 92 of the Atomic Energy Act of 1954 (42 

24 U.S.C. 2122) (relating to prohibitions governing 

25 atomic weapons)’’. 
59 

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1 SEC. 209. EXPORT LICENSING PROCESS. 

2 Section 38(g)(1)(A) of the Arms Export Control Act 

3 (22 U.S.C. 2778) is amended— 

4 (1) by striking ‘‘or’’ before ‘‘(xi)’’; and 

5 (2) by inserting after clause (xi) the following: 

6 ‘‘or (xii) section 3, 4, 5, and 6 of the Prevention of 

7 Terrorist Access to Destructive Weapons Act of 

8 2004, relating to missile systems designed to destroy 

9 aircraft (18 U.S.C. 2332g), prohibitions governing 

10 atomic weapons (42 U.S.C. 2122), radiological dis11 persal devices (18 U.S.C. 2332h), and variola virus 

12 (18 U.S.C. 175b);’’. 

13 SEC. 210. CLERICAL AMENDMENTS. 

14 (a) CHAPTER 113B.—The table of sections for chap15 ter 113B of title 18, United States Code, is amended by 

16 inserting the following after the item for section 2332g, 

17 as added by this Act: 

‘‘Sec. 2332h. Missile systems designed to destroy aircraft. 

‘‘Sec. 2332i. Radiological dispersal devices.’’. 

18 (b) CHAPTER 10.—The table of sections for chapter 

19 10 of title 18, United States Code, is amended by inserting 

20 the following item after the item for section 175b: 

‘‘Sec. 175c. Variola virus.’’. 
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1 TITLE III—RAILROAD CARRIERS 

2 AND MASS TRANSPORTATION 

3 PROTECTION ACT 

4 SEC. 301. SHORT TITLE. 

5 This title may be cited as the ‘‘Railroad Carriers and 

6 Mass Transportation Protection Act of 2004’’. 

7 SEC. 302. ATTACKS AGAINST RAILROAD CARRIERS AND 

8 MASS TRANSPORTATION SYSTEMS. 

9 (a) IN GENERAL.—Chapter 97 of title 18, United 

10 States Code, is amended by striking sections 1992 through 

11 1993 and inserting the following: 

12 ‘‘§ 1992. Terrorist attacks and other violence against 

13 railroad carriers and against mass trans14 portation systems on land, on water, or 

15 through the air 

16 ‘‘(a) GENERAL PROHIBITIONS.—Whoever, in a cir17 cumstance described in subsection (c), knowingly— 

18 ‘‘(1) wrecks, derails, sets fire to, or disables 

19 railroad on-track equipment or a mass transpor20 tation vehicle; 

21 ‘‘(2) with intent to endanger the safety of any 

22 passenger or employee of a railroad carrier or mass 

23 transportation provider, or with a reckless disregard 

24 for the safety of human life, and without previously 

25 obtaining the permission of the railroad carrier— 
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1 ‘‘(A) places any biological agent or toxin, 

2 destructive substance, or destructive device in, 

3 upon, or near railroad on-track equipment or a 

4 mass transportation vehicle; or 

5 ‘‘(B) releases a hazardous material or a bi6 ological agent or toxin on or near the property 

7 of a railroad carrier or mass transportation pro8 vider; 

9 ‘‘(3) sets fire to, undermines, makes unwork10 able, unusable, or hazardous to work on or use, or 

11 places any biological agent or toxin, destructive sub12 stance, or destructive device in, upon, or near any— 

13 ‘‘(A) tunnel, bridge, viaduct, trestle, track, 

14 electromagnetic guideway, signal, station, depot, 

15 warehouse, terminal, or any other way, struc16 ture, property, or appurtenance used in the op17 eration of, or in support of the operation of, a 

18 railroad carrier, without previously obtaining 

19 the permission of the railroad carrier, and with 

20 intent to, or knowing or having reason to know 

21 such activity would likely, derail, disable, or 

22 wreck railroad on-track equipment; or 

23 ‘‘(B) garage, terminal, structure, track, 

24 electromagnetic guideway, supply, or facility 

25 used in the operation of, or in support of the 
62 

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1 operation of, a mass transportation vehicle, 

2 without previously obtaining the permission of 

3 the mass transportation provider, and with in4 tent to, or knowing or having reason to know 

5 such activity would likely, derail, disable, or 

6 wreck a mass transportation vehicle used, oper7 ated, or employed by a mass transportation pro8 vider; 

9 ‘‘(4) removes an appurtenance from, damages, 

10 or otherwise impairs the operation of a railroad sig11 nal system or mass transportation signal or dis12 patching system, including a train control system, 

13 centralized dispatching system, or highway-railroad 

14 grade crossing warning signal, without authorization 

15 from the rail carrier or mass transportation pro16 vider; 

17 ‘‘(5) with intent to endanger the safety of any 

18 passenger or employee of a railroad carrier or mass 

19 transportation provider or with a reckless disregard 

20 for the safety of human life, interferes with, dis21 ables, or incapacitates any dispatcher, driver, cap22 tain, locomotive engineer, railroad conductor, or 

23 other person while the person is employed in dis24 patching, operating, or maintaining railroad on-track 

25 equipment or a mass transportation vehicle; 
63 

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1 ‘‘(6) engages in conduct, including the use of a 

2 dangerous weapon, with the intent to cause death or 

3 serious bodily injury to any person who is on the 

4 property of a railroad carrier or mass transportation 

5 provider that is used for railroad or mass transpor6 tation purposes; 

7 ‘‘(7) conveys false information, knowing the in8 formation to be false, concerning an attempt or al9 leged attempt that was made, is being made, or is 

10 to be made, to engage in a violation of this sub11 section; or 

12 ‘‘(8) attempts, threatens, or conspires to engage 

13 in any violation of any of paragraphs (1) through 

14 (8); 

15 shall be fined under this title or imprisoned not more than 

16 20 years, or both. 

17 ‘‘(b) AGGRAVATED OFFENSE.—Whoever commits an 

18 offense under subsection (a) of this section in a cir19 cumstance in which— 

20 ‘‘(1) the railroad on-track equipment or mass 

21 transportation vehicle was carrying a passenger or 

22 employee at the time of the offense; 

23 ‘‘(2) the railroad on-track equipment or mass 

24 transportation vehicle was carrying high-level radio-
64 

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1 active waste or spent nuclear fuel at the time of the 

2 offense; 

3 ‘‘(3) the railroad on-track equipment or mass 

4 transportation vehicle was carrying a hazardous ma5 terial at the time of the offense that— 

6 ‘‘(A) was required to be placarded under 

7 subpart F of part 172 of title 49, Code of Fed8 eral Regulations; and 

9 ‘‘(B) is identified as class number 3, 4, 5, 

10 6.1, or 8 and packing group I or packing group 

11 II, or class number 1, 2, or 7 under the haz12 ardous materials table of section 172.101 of 

13 title 49, Code of Federal Regulations; or 

14 ‘‘(4) the offense results in the death of any per15 son; 

16 shall be fined under this title or imprisoned for any term 

17 of years or life, or both. In the case of a violation described 

18 in paragraph (2), the term of imprisonment shall be not 

19 less than 30 years; and, in the case of a violation described 

20 in paragraph (4), the offender shall be fined under this 

21 title and imprisoned for life and be subject to the death 

22 penalty. 

23 ‘‘(c) CIRCUMSTANCES REQUIRED FOR OFFENSE.—A 

24 circumstance referred to in subsection (a) is any of the 

25 following: 
65 

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1 ‘‘(1) Any of the conduct required for the offense 

2 is, or, in the case of an attempt, threat, or con3 spiracy to engage in conduct, the conduct required 

4 for the completed offense would be, engaged in, on, 

5 against, or affecting a mass transportation provider 

6 or railroad carrier engaged in or affecting interstate 

7 or foreign commerce. 

8 ‘‘(2) Any person travels or communicates across 

9 a State line in order to commit the offense, or trans10 ports materials across a State line in aid of the com11 mission of the offense. 

12 ‘‘(d) NONAPPLICABILITY.—Subsection (a) does not 

13 apply to the conduct with respect to a destructive sub14 stance or destructive device that is also classified under 

15 chapter 51 of title 49 as a hazardous material in com16 merce if the conduct— 

17 ‘‘(1) complies with chapter 51 of title 49 and 

18 regulations, exemptions, approvals, and orders 

19 issued under that chapter, or 

20 ‘‘(2) constitutes a violation, other than a crimi21 nal violation, of chapter 51 of title 49 or a regula22 tion or order issued under that chapter. 

23 ‘‘(e) DEFINITIONS.—In this section— 

24 ‘‘(1) the term ‘biological agent’ has the meaning 

25 given to that term in section 178(1); 
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1 ‘‘(2) the term ‘dangerous weapon’ means a 

2 weapon, device, instrument, material, or substance, 

3 animate or inanimate, that is used for, or is readily 

4 capable of, causing death or serious bodily injury, including a pocket knife with a blade of less than 21 5 ⁄2

6 inches in length and a box cutter; 

7 ‘‘(3) the term ‘destructive device’ has the mean8 ing given to that term in section 921(a)(4); 

9 ‘‘(4) the term ‘destructive substance’ means an 

10 explosive substance, flammable material, infernal 

11 machine, or other chemical, mechanical, or radio12 active device or material, or matter of a combustible, 

13 contaminative, corrosive, or explosive nature, except 

14 that the term ‘radioactive device’ does not include 

15 any radioactive device or material used solely for 

16 medical, industrial, research, or other peaceful pur17 poses; 

18 ‘‘(5) the term ‘hazardous material’ has the 

19 meaning given to that term in chapter 51 of title 49; 

20 ‘‘(6) the term ‘high-level radioactive waste’ has 

21 the meaning given to that term in section 2(12) of 

22 the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

23 10101(12)); 

24 ‘‘(7) the term ‘mass transportation’ has the 

25 meaning given to that term in section 5302(a)(7) of 
67 

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1 title 49, except that the term includes school bus, 

2 charter, and sightseeing transportation; 

3 ‘‘(8) the term ‘on-track equipment’ means a 

4 carriage or other contrivance that runs on rails or 

5 electromagnetic guideways; 

6 ‘‘(9) the term ‘railroad on-track equipment’ 

7 means a train, locomotive, tender, motor unit, 

8 freight or passenger car, or other on-track equip9 ment used, operated, or employed by a railroad car10 rier; 

11 ‘‘(10) the term ‘railroad’ has the meaning given 

12 to that term in chapter 201 of title 49; 

13 ‘‘(11) the term ‘railroad carrier’ has the mean14 ing given to that term in chapter 201 of title 49; 

15 ‘‘(12) the term ‘serious bodily injury’ has the 

16 meaning given to that term in section 1365; 

17 ‘‘(13) the term ‘spent nuclear fuel’ has the 

18 meaning given to that term in section 2(23) of the 

19 Nuclear Waste Policy Act of 1982 (42 U.S.C. 

20 10101(23)); 

21 ‘‘(14) the term ‘State’ has the meaning given to 

22 that term in section 2266; 

23 ‘‘(15) the term ‘toxin’ has the meaning given to 

24 that term in section 178(2); and 
68 

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1 ‘‘(16) the term ‘vehicle’ means any carriage or 

2 other contrivance used, or capable of being used, as 

3 a means of transportation on land, on water, or 

4 through the air.’’. 

5 (b) CONFORMING AMENDMENTS.— 

6 (1) The table of sections at the beginning of 

7 chapter 97 of title 18, United States Code, is 

8 amended— 

9 (A) by striking ‘‘RAILROADS’’ in the 

10 chapter heading and inserting ‘‘RAILROAD 

11 CARRIERS AND MASS TRANSPOR12 TATION SYSTEMS ON LAND, ON 

13 WATER, OR THROUGH THE AIR’’; 

14 (B) by striking the items relating to sec15 tions 1992 and 1993; and 

16 (C) by inserting after the item relating to 

17 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.’’. 

18 (2) The table of chapters at the beginning of 

19 part I of title 18, United States Code, is amended 

20 by striking the item relating to chapter 97 and in21 serting the following: 

‘‘97. Railroad carriers and mass transportation systems 

on land, on water, or through the air ............ 1991’’. 

22 (3) Title 18, United States Code, is amended— 
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1 (A) in section 2332b(g)(5)(B)(i), by strik2 ing ‘‘1992 (relating to wrecking trains), 1993 

3 (relating to terrorist attacks and other acts of 

4 violence against mass transportation systems),’’ 

5 and inserting ‘‘1992 (relating to terrorist at6 tacks and other acts of violence against railroad 

7 carriers and against mass transportation sys8 tems on land, on water, or through the air),’’; 

9 (B) in section 2339A, by striking ‘‘1993,’’; 

10 and 

11 (C) in section 2516(1)(c) by striking 

12 ‘‘1992 (relating to wrecking trains),’’ and in13 serting ‘‘1992 (relating to terrorist attacks and 

14 other acts of violence against railroad carriers 

15 and against mass transportation systems on 

16 land, on water, or through the air),’’. 

17 TITLE IV—REDUCING CRIME 

18 AND TERRORISM AT AMER19 ICA’S SEAPORTS ACT 

20 SEC. 401. SHORT TITLE. 

21 This title may be cited as the ‘‘Reducing Crime and 

22 Terrorism at America’s Seaports Act of 2004’’. 

23 SEC. 402. ENTRY BY FALSE PRETENSES TO ANY SEAPORT. 

24 (a) IN GENERAL.—Section 1036 of title 18, United 

25 States Code, is amended— 
70 

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1 (1) in subsection (a)— 

2 (A) in paragraph (2), by striking ‘‘or’’ at 

3 the end; 

4 (B) by redesignating paragraph (3) as 

5 paragraph (4); and 

6 (C) by inserting after paragraph (2) the 

7 following: 

8 ‘‘(3) any secure or restricted area (as that term 

9 is defined under section 2285(c)) of any seaport; 

10 or’’; 

11 (2) in subsection (b)(1), by striking ‘‘5’’ and in12 serting ‘‘10’’; 

13 (3) in subsection (c)(1), by inserting ‘‘, captain 

14 of the seaport,’’ after ‘‘airport authority’’; and 

15 (4) in the section heading, by inserting ‘‘or sea16 port’’ after ‘‘airport’’. 

17 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

18 The table of sections for chapter 47 of title 18 is amended 

19 by striking the matter relating to section 1036 and insert20 ing 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.’’. 

21 (c) DEFINITION OF SEAPORT.—Chapter 1 of title 18, 

22 United States Code, is amended by adding at the end the 

23 following: 
71 

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1 ‘‘§ 25. Definition of seaport. 

2 ‘‘As used in this title, the term ‘seaport’ means all 

3 piers, wharves, docks, and similar structures to which a 

4 vessel may be secured, areas of land, water, or land and 

5 water under and in immediate proximity to such struc6 tures, and buildings on or contiguous to such structures, 

7 and the equipment and materials on such structures or 

8 in such buildings.’’. 

9 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

10 The table of sections for chapter 1 of title 18 is amended 

11 by inserting after the matter relating to section 24 the 

12 following: 

‘‘25. Definition of seaport.’’. 

13 SEC. 403. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE 

14 TO, OBSTRUCTION OF BOARDING, OR PRO15 VIDING FALSE INFORMATION. 

16 (a) OFFENSE.—Chapter 109 of title 18, United 

17 States Code, is amended by adding at the end the fol18 lowing: 

19 ‘‘§ 2237. Criminal sanctions for failure to heave to, ob20 struction of boarding, or providing false 

21 information 

22 ‘‘(a)(1) It shall be unlawful for the master, operator, 

23 or person in charge of a vessel of the United States, or 

24 a vessel subject to the jurisdiction of the United States, 
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1 to knowingly fail to obey an order by an authorized Fed2 eral law enforcement officer to heave to that vessel. 

3 ‘‘(2) It shall be unlawful for any person on board a 

4 vessel of the United States, or a vessel subject to the juris5 diction of the United States, to— 

6 ‘‘(A) forcibly resist, oppose, prevent, impede, in7 timidate, or interfere with a boarding or other law 

8 enforcement action authorized by any Federal law, 

9 or to resist a lawful arrest; or 

10 ‘‘(B) provide information to a Federal law en11 forcement officer during a boarding of a vessel re12 garding the vessel’s destination, origin, ownership, 

13 registration, nationality, cargo, or crew, which that 

14 person knows is false. 

15 ‘‘(b) This section does not limit the authority of a 

16 customs officer under section 581 of the Tariff Act of 

17 1930 (19 U.S.C. 1581), or any other provision of law en18 forced or administered by the Secretary of the Treasury 

19 or the Undersecretary for Border and Transportation Se20 curity of the Department of Homeland Security, or the 

21 authority of any Federal law enforcement officer under 

22 any law of the United States, to order a vessel to stop 

23 or heave to. 

24 ‘‘(c) A foreign nation may consent or waive objection 

25 to the enforcement of United States law by the United 
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1 States under this section by radio, telephone, or similar 

2 oral or electronic means. Consent or waiver may be proven 

3 by certification of the Secretary of State or the designee 

4 of the Secretary of State. 

5 ‘‘(d) In this section— 

6 ‘‘(1) the term ‘Federal law enforcement officer’ 

7 has the meaning given the term in section 115(c); 

8 ‘‘(2) the term ‘heave to’ means to cause a vessel 

9 to slow, come to a stop, or adjust its course or speed 

10 to account for the weather conditions and sea state 

11 to facilitate a law enforcement boarding; 

12 ‘‘(3) the term ‘vessel subject to the jurisdiction 

13 of the United States’ has the meaning given the 

14 term in section 2(c) of the Maritime Drug Law En15 forcement Act (46 App. U.S.C. 1903(b)); and 

16 ‘‘(4) the term ‘vessel of the United States’ has 

17 the meaning given the term in section 2(c) of the 

18 Maritime Drug Law Enforcement Act (46 App. 

19 U.S.C. 1903(b)). 

20 ‘‘(e) Any person who intentionally violates the provi21 sions of this section shall be fined under this title, impris22 oned for not more than 5 years, or both.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

24 The table of sections for chapter 109, title 18, United 
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1 States Code, is amended by inserting after the item for 

2 section 2236 the following: 

‘‘2237. Criminal sanctions for failure to heave to, obstruction of boarding, or 

providing false information.’’. 

3 SEC. 404. USE OF A DANGEROUS WEAPON OR EXPLOSIVE 

4 ON A PASSENGER VESSEL. 

5 Section 1993 of title 18, United States Code, is 

6 amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1), by inserting ‘‘, pas9 senger vessel,’’ after ‘‘transportation vehicle’’; 

10 (B) in paragraphs (2)— 

11 (i) by inserting ‘‘, passenger vessel,’’ 

12 after ‘‘transportation vehicle’’; and 

13 (ii) by inserting ‘‘or owner of the pas14 senger vessel’’ after ‘‘transportation pro15 vider’’ each place that term appears; 

16 (C) in paragraph (3)— 

17 (i) by inserting ‘‘, passenger vessel,’’ 

18 after ‘‘transportation vehicle’’ each place 

19 that term appears; and 

20 (ii) by inserting ‘‘or owner of the pas21 senger vessel’’ after ‘‘transportation pro22 vider’’ each place that term appears; 

23 (D) in paragraph (5)— 
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1 (i) by inserting ‘‘, passenger vessel,’’ 

2 after ‘‘transportation vehicle’’; and 

3 (ii) by inserting ‘‘or owner of the pas4 senger vessel’’ after ‘‘transportation pro5 vider’’; and 

6 (E) in paragraph (6), by inserting ‘‘or 

7 owner of a passenger vessel’’ after ‘‘transpor8 tation provider’’ each place that term appears; 

9 (2) in subsection (b)(1), by inserting ‘‘, pas10 senger vessel,’’ after ‘‘transportation vehicle’’; and 

11 (3) in subsection (c)— 

12 (A) by redesignating paragraph (6) 

13 through (8) as paragraphs (7) through (9); and 

14 (B) by inserting after paragraph (5) the 

15 following: 

16 ‘‘(6) the term ‘passenger vessel’ has the mean17 ing given that term in section 2101(22) of title 46, 

18 United States Code, and includes a small passenger 

19 vessel, as that term is defined under section 

20 2101(35) of that title.’’. 
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1 SEC. 405. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST 

2 MARITIME NAVIGATION, PLACEMENT OF DE3 STRUCTIVE DEVICES, AND MALICIOUS DUMP4 ING. 

5 (a) VIOLENCE AGAINST MARITIME NAVIGATION.— 

6 Section 2280(a) of title 18, United States Code, is amend7 ed— 

8 (1) in paragraph (1)— 

9 (A) in subparagraph (H), by striking 

10 ‘‘(G)’’ and inserting ‘‘(H)’’; 

11 (B) by redesignating subparagraphs (F), 

12 (G), and (H) as subparagraphs (G), (H), and 

13 (I), respectively; and 

14 (C) by inserting after subparagraph (E) 

15 the following: 

16 ‘‘(F) destroys, seriously damages, alters, 

17 moves, or tampers with any aid to maritime 

18 navigation maintained by the Saint Lawrence 

19 Seaway Development Corporation under the au20 thority of section 4 of the Act of May 13, 1954 

21 (33 U.S.C. 984), by the Coast Guard pursuant 

22 to section 81 of title 14, United States Code, or 

23 lawfully maintained under authority granted by 

24 the Coast Guard pursuant to section 83 of title 

25 14, United States Code, if such act endangers 
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1 or is likely to endanger the safe navigation of 

2 a ship;’’; and 

3 (2) in paragraph (2) by striking ‘‘(C) or (E)’’ 

4 and inserting ‘‘(C), (E), or (F)’’. 

5 (b) PLACEMENT OF DESTRUCTIVE DEVICES.— 

6 (1) IN GENERAL.—Chapter 111 of title 18, 

7 United States Code, is amended by adding after sec8 tion 2280 the following: 

9 ‘‘§ 2280A. Devices or substances in waters of the 

10 United States likely to destroy or damage 

11 ships or to interfere with maritime com12 merce 

13 ‘‘(a) A person who knowingly places, or causes to be 

14 placed, in navigable waters of the United States, by any 

15 means, a device or substance which is likely to destroy or 

16 cause damage to a vessel or its cargo, or cause interference 

17 with the safe navigation of vessels, or interference with 

18 maritime commerce, such as by damaging or destroying 

19 marine terminals, facilities, and any other marine struc20 ture or entity used in maritime commerce, with the intent 

21 of causing such destruction or damage, or interference 

22 with the safe navigation of vessels or with maritime com23 merce, shall be fined under this title, imprisoned for any 

24 term of years or for life, or both; and if the death of any 
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1 person results from conduct prohibited under this sub2 section, may be punished by death. 

3 ‘‘(b) Nothing in this section shall be construed to 

4 apply to otherwise lawfully authorized and conducted ac5 tivities of the United States Government.’’. 

6 (2) TECHNICAL AND CONFORMING AMEND7 MENT.—The table of sections for chapter 111 of 

8 title 18, United States Code, is amended by adding 

9 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.’’. 

10 (c) MALICIOUS DUMPING.— 

11 (1) IN GENERAL.—Chapter 111 of title 18, 

12 United States Code, is amended by adding at the 

13 end the following: 

14 ‘‘§ 2282. Knowing discharge or release 

15 ‘‘(a) ENDANGERMENT OF HUMAN LIFE.—Any per16 son who knowingly discharges or releases oil, a hazardous 

17 material, a noxious liquid substance, or any other dan18 gerous substance into the navigable waters of the United 

19 States or the adjoining shoreline with the intent to endan20 ger human life, health, or welfare shall be fined under this 

21 title and imprisoned for any term of years or for life. 

22 ‘‘(b) ENDANGERMENT OF MARINE ENVIRONMENT.— 

23 Any person who knowingly discharges or releases oil, a 

24 hazardous material, a noxious liquid substance, or any 
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1 other dangerous substance into the navigable waters of the 

2 United States or the adjacent shoreline with the intent 

3 to endanger the marine environment shall be fined under 

4 this title, imprisoned not more than 30 years, or both. 

5 ‘‘(c) DEFINITIONS.—In this section: 

6 ‘‘(1) DISCHARGE.—The term ‘discharge’ means 

7 any spilling, leaking, pumping, pouring, emitting, 

8 emptying, or dumping. 

9 ‘‘(2) HAZARDOUS MATERIAL.—The term ‘haz10 ardous material’ has the meaning given the term in 

11 section 2101(14) of title 46, United States Code. 

12 ‘‘(3) MARINE ENVIRONMENT.—The term ‘ma13 rine environment’ has the meaning given the term in 

14 section 2101(15) of title 46, United States Code. 

15 ‘‘(4) NAVIGABLE WATERS.—The term ‘navi16 gable waters’ has the meaning given the term in sec17 tion 1362(7) of title 33, and also includes the terri18 torial sea of the United States as described in Presi19 dential Proclamation 5928 of December 27, 1988. 

20 ‘‘(5) NOXIOUS LIQUID SUBSTANCE.—The term 

21 ‘noxious liquid substance’ has the meaning given the 

22 term in the MARPOL Protocol defined in section 

23 2(1) of the Act to Prevent Pollution from Ships (33 

24 U.S.C. 1901(a)(3)).’’. 
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1 (2) TECHNICAL AND CONFORMING AMEND2 MENT.—The table of sections for chapter 111 of 

3 title 18, United States Code, is amended by adding 

4 at the end the following: 

‘‘2282. Knowing discharge or release.’’. 

5 SEC. 406. TRANSPORTATION OF DANGEROUS MATERIALS 

6 AND TERRORISTS. 

7 (a) TRANSPORTATION OF DANGEROUS MATERIALS

8 AND TERRORISTS.—Chapter 111 of title 18, as amended 

9 by section 5 of this Act, is amended by adding at the end 

10 the following: 

11 ‘‘§ 2283. Transportation of explosive, biological, chem12 ical, or radioactive or nuclear materials 

13 ‘‘(a) IN GENERAL.—Any person who knowingly and 

14 willfully transports aboard any vessel within the United 

15 States, on the high seas, or having United States nation16 ality, an explosive or incendiary device, biological agent, 

17 chemical weapon, or radioactive or nuclear material, know18 ing that any such item is intended to be used to commit 

19 an offense listed under section 2332b(g)(5)(B), shall be 

20 fined under this title, imprisoned for any term of years 

21 or for life, or both; and if the death of any person results 

22 from conduct prohibited by this subsection, may be pun23 ished by death. 

24 ‘‘(b) DEFINITIONS.—In this section: 
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1 ‘‘(1) BIOLOGICAL AGENT.—The term ‘biological 

2 agent’ means any biological agent, toxin, or vector 

3 (as those terms are defined in section 178). 

4 ‘‘(2) BY-PRODUCT MATERIAL.—The term ‘by5 product material’ has the meaning given that term 

6 in section 11(e) of the Atomic Energy Act of 1954 

7 (42 U.S.C. 2014(e)). 

8 ‘‘(3) CHEMICAL WEAPON.—The term ‘chemical 

9 weapon’ has the meaning given that term in section 

10 229F. 

11 ‘‘(4) EXPLOSIVE OR INCENDIARY DEVICE.—The 

12 term ‘explosive or incendiary device’ has the mean13 ing given the term in section 232(5). 

14 ‘‘(5) NUCLEAR MATERIAL.—The term ‘nuclear 

15 material’ has the meaning given that term in section 

16 831(f)(1). 

17 ‘‘(6) RADIOACTIVE MATERIAL.—The term ‘ra18 dioactive material’ means— 

19 ‘‘(A) source material and special nuclear 

20 material, but does not include natural or de21 pleted uranium; 

22 ‘‘(B) nuclear by-product material; 

23 ‘‘(C) material made radioactive by bom24 bardment in an accelerator; or 

25 ‘‘(D) all refined isotopes of radium. 
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1 ‘‘(7) SOURCE MATERIAL.—The term ‘source 

2 material’ has the meaning given that term in section 

3 11(z) of the Atomic Energy Act of 1954 (42 U.S.C. 

4 2014(z)). 

5 ‘‘(8) SPECIAL NUCLEAR MATERIAL.—The term 

6 ‘special nuclear material’ has the meaning given that 

7 term in section 11(aa) of the Atomic Energy Act of 

8 1954 (42 U.S.C. 2014(aa)). 

9 ‘‘§ 2284. Transportation of terrorists 

10 ‘‘(a) IN GENERAL.—Any person who knowingly and 

11 willfully transports any terrorist aboard any vessel within 

12 the United States, on the high seas, or having United 

13 States nationality, knowing that the transported person 

14 is a terrorist, shall be fined under this title, imprisoned 

15 for any term of years or for life, or both. 

16 ‘‘(b) DEFINED TERM.—In this section, the term ‘ter17 rorist’ means any person who intends to commit, or is 

18 avoiding apprehension after having committed, an offense 

19 listed under section 2332b(g)(5)(B).’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

21 The table of sections for chapter 111 of title 18, United 

22 States Code, as amended by this Act, is amended by add23 ing at the end the following: 

‘‘2283. Transportation of explosive, chemical, biological, or radioactive or nuclear materials. 

‘‘2284. Transportation of terrorists.’’. 
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1 SEC. 407. DESTRUCTION OR INTERFERENCE WITH VESSELS 

2 OR MARITIME FACILITIES. 

3 (a) IN GENERAL.—Title 18, United States Code, is 

4 amended by inserting after chapter 111 the following: 

5 ‘‘CHAPTER 111A—DESTRUCTION OF, OR 

6 INTERFERENCE WITH, VESSELS OR 

7 MARITIME FACILITIES 

‘‘Sec. 

‘‘2290. Jurisdiction and scope. 

‘‘2291. Destruction of vessel or maritime facility. 

‘‘2292. Imparting or conveying false information. 

‘‘2293. Bar to prosecution. 

8 ‘‘§2290. Jurisdiction and scope 

9 ‘‘(a) JURISDICTION.—There is jurisdiction over an of10 fense under this chapter if the prohibited activity takes 

11 place— 

12 ‘‘(1) within the United States or within waters 

13 subject to the jurisdiction of the United States; or 

14 ‘‘(2) outside United States and— 

15 ‘‘(A) an offender or a victim is a national 

16 of the United States (as that term is defined 

17 under section 101(a)(22) of the Immigration 

18 and Nationality Act (8 U.S.C. 1101(a)(22)); 

19 ‘‘(B) the activity involves a vessel in which 

20 a national of the United States was on board; 

21 or 

22 ‘‘(C) the activity involves a vessel of the 

23 United States (as that term is defined under 
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1 section 2(c) of the Maritime Drug Law En2 forcement Act (42 App. U.S.C. 1903(c)). 

3 ‘‘(b) SCOPE.—Nothing in this chapter shall apply to 

4 otherwise lawful activities carried out by or at the direc5 tion of the United States Government. 

6 ‘‘§ 2291. Destruction of vessel or maritime facility 

7 ‘‘(a) OFFENSE.—Whoever willfully— 

8 ‘‘(1) sets fire to, damages, destroys, disables, or 

9 wrecks any vessel; 

10 ‘‘(2) places or causes to be placed a destructive 

11 device, as defined in section 921(a)(4), or destruc12 tive substance, as defined in section 13, in, upon, or 

13 in proximity to, or otherwise makes or causes to be 

14 made unworkable or unusable or hazardous to work 

15 or use, any vessel, or any part or other materials used 

16 or intended to be used in connection with the oper17 ation of a vessel; 

18 ‘‘(3) sets fire to, damages, destroys, or disables 

19 or places a destructive device or substance in, upon, 

20 or in proximity to, any maritime facility, including 

21 but not limited to, any aid to navigation, lock, canal, 

22 or vessel traffic service facility or equipment, or 

23 interferes by force or violence with the operation of 

24 such facility, if such action is likely to endanger the 

25 safety of any vessel in navigation; 
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1 ‘‘(4) sets fire to, damages, destroys, or disables 

2 or places a destructive device or substance in, upon, 

3 or in proximity to, any appliance, structure, prop4 erty, machine, or apparatus, or any facility or other 

5 material used, or intended to be used, in connection 

6 with the operation, maintenance, loading, unloading, 

7 or storage of any vessel or any passenger or cargo 

8 carried or intended to be carried on any vessel; 

9 ‘‘(5) performs an act of violence against or in10 capacitates any individual on any vessel, if such act 

11 of violence or incapacitation is likely to endanger the 

12 safety of the vessel or those on board; 

13 ‘‘(6) performs an act of violence against a per14 son that causes or is likely to cause serious bodily 

15 injury, as defined in section 1365, in, upon, or in 

16 proximity to, any appliance, structure, property, ma17 chine, or apparatus, or any facility or other material 

18 used, or intended to be used, in connection with the 

19 operation, maintenance, loading, unloading, or stor20 age of any vessel or any passenger or cargo carried 

21 or intended to be carried on any vessel; 

22 ‘‘(7) communicates information, knowing the 

23 information to be false and under circumstances in 

24 which such information may reasonably be believed, 
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1 thereby endangering the safety of any vessel in navi2 gation; or 

3 ‘‘(8) attempts or conspires to do anything pro4 hibited under paragraphs (1) through (7): 

5 shall be fined under this title or imprisoned not more than 

6 20 years, or both. 

7 ‘‘(b) LIMITATION.—Subsection (a) shall not apply to 

8 any person that is engaging in otherwise lawful activity, 

9 such as normal repair and salvage activities, and the law10 ful transportation of hazardous materials. 

11 ‘‘(c) PENALTY.—Whoever is fined or imprisoned 

12 under subsection (a) as a result of an act involving a vessel 

13 that, at the time of the violation, carried high-level radio14 active waste (as that term is defined in section 2(12) of 

15 the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

16 10101(12)) or spent nuclear fuel (as that term is defined 

17 in section 2(23) of the Nuclear Waste Policy Act of 1982 

18 (42 U.S.C. 10101(23)), shall be fined under title 18, im19 prisoned for a term up to life, or both. 

20 ‘‘(d) PENALTY WHEN DEATH RESULTS.—Whoever is 

21 convicted of any crime prohibited by subsection (a), which 

22 has resulted in the death of any person, shall be subject 

23 also to the death penalty or to imprisonment for life. 

24 ‘‘(e) THREATS.—Whoever willfully imparts or con25 veys any threat to do an act which would violate this chap-
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1 ter, with an apparent determination and will to carry the 

2 threat into execution, shall be fined under this title, im3 prisoned not more than 5 years, or both, and is liable for 

4 all costs incurred as a result of such threat. 

5 ‘‘§ 2292. Imparting or conveying false information 

6 ‘‘(a) IN GENERAL.—Whoever imparts or conveys or 

7 causes to be imparted or conveyed false information, 

8 knowing the information to be false, concerning an at9 tempt or alleged attempt being made or to be made, to 

10 do any act which would be a crime prohibited by this chap11 ter or by chapter 111 of this title, shall be subject to a 

12 civil penalty of not more than $5,000, which shall be re13 coverable in a civil action brought in the name of the 

14 United States. 

15 ‘‘(b) MALICIOUS CONDUCT.—Whoever willfully and 

16 maliciously, or with reckless disregard for the safety of 

17 human life, imparts or conveys or causes to be imparted 

18 or conveyed false information, knowing the information to 

19 be false, concerning an attempt or alleged attempt to do 

20 any act which would be a crime prohibited by this chapter 

21 or by chapter 111 of this title, shall be fined under this 

22 title, imprisoned not more than 5 years, or both. 

23 ‘‘(c) JURISDICTION.— 
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1 ‘‘(1) IN GENERAL.—Except as provided under 

2 paragraph (2), section 2290(a) shall not apply to 

3 any offense under this section. 

4 ‘‘(2) JURISDICTION.—Jurisdiction over an of5 fense under this section shall be determined in ac6 cordance with the provisions applicable to the crime 

7 prohibited by this chapter, or by chapter 2, 97, or 

8 111 of this title, to which the imparted or conveyed 

9 false information relates, as applicable. 

10 ‘‘§ 2293. Bar to prosecution 

11 ‘‘(a) IN GENERAL.—It is a bar to prosecution under 

12 this chapter if— 

13 ‘‘(1) the conduct in question occurred within 

14 the United States in relation to a labor dispute, and 

15 such conduct is prohibited as a felony under the law 

16 of the State in which it was committed; or 

17 ‘‘(2) such conduct is prohibited as a mis18 demeanor under the law of the State in which it was 

19 committed. 

20 ‘‘(b) DEFINITIONS.—In this section: 

21 ‘‘(1) LABOR DISPUTE.—The term ‘‘labor dis22 pute’’ has the same meaning given that term in sec23 tion 113(c) of the Norris-LaGuardia Act (29 U.S.C. 

24 113(c)). 
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1 ‘‘(2) STATE.—The term ‘‘State’’ means a State 

2 of the United States, the District of Columbia, and 

3 any commonwealth, territory, or possession of the 

4 United States.’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

6 The table of chapters at the beginning of title 18, United 

7 States Code, is amended by inserting after the item for 

8 chapter 111 the following: 

‘‘111A. Destruction of, or interference with, vessels or maritime facilities ................................................................................. 2290’’. 

9 SEC. 408. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS 

10 OR VESSELS. 

11 (a) THEFT OF INTERSTATE OR FOREIGN SHIP12 MENTS.—Section 659 of title 18, United States Code, is 

13 amended— 

14 (1) in the first undesignated paragraph— 

15 (A) by inserting ‘‘trailer,’’ after 

16 ‘‘motortruck,’’; 

17 (B) by inserting ‘‘air cargo container,’’ 

18 after ‘‘aircraft,’’; and 

19 (C) by inserting ‘‘, or from any intermodal 

20 container, trailer, container freight station, 

21 warehouse, or freight consolidation facility,’’ 

22 after ‘‘air navigation facility’’; 

23 (2) in the fifth undesignated paragraph, by 

24 striking ‘‘one year’’ and inserting ‘‘3 years’’; and 
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1 (3) by inserting after the first sentence in the 

2 eighth undesignated paragraph the following: ‘‘For 

3 purposes of this section, goods and chattel shall be 

4 construed to be moving as an interstate or foreign 

5 shipment at all points between the point of origin 

6 and the final destination (as evidenced by the waybill 

7 or other shipping document of the shipment), re8 gardless of any temporary stop while awaiting 

9 transhipment or otherwise.’’. 

10 (b) STOLEN VESSELS.— 

11 (1) IN GENERAL.—Section 2311 of title 18, 

12 United States Code, is amended by adding at the 

13 end the following: 

14 ‘‘ ‘Vessel’ means any watercraft or other contrivance 

15 used or designed for transportation or navigation on, 

16 under, or immediately above, water.’’. 

17 (2) TRANSPORTATION AND SALE OF STOLEN

18 VESSELS.—Sections 2312 and 2313 of title 18, 

19 United States Code, are each amended by striking 

20 ‘‘motor vehicle or aircraft’’ and inserting ‘‘motor ve21 hicle, vessel, or aircraft’’. 

22 (c) REVIEW OF SENTENCING GUIDELINES.—Pursu23 ant to section 994 of title 28, United States Code, the 

24 United States Sentencing Commission shall review the 

25 Federal Sentencing Guidelines to determine whether sen-
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1 tencing enhancement is appropriate for any offense under 

2 section 659 or 2311 of title 18, United States Code, as 

3 amended by this Act. 

4 (d) ANNUAL REPORT OF LAW ENFORCEMENT AC5 TIVITIES.—The Attorney General shall annually submit to 

6 Congress a report, which shall include an evaluation of 

7 law enforcement activities relating to the investigation and 

8 prosecution of offenses under section 659 of title 18, 

9 United States Code, as amended by this Act. 

10 (e) REPORTING OF CARGO THEFT.—The Attorney 

11 General shall take the steps necessary to ensure that re12 ports of cargo theft collected by Federal, State, and local 

13 officials are reflected as a separate category in the Uni14 form Crime Reporting System, or any successor system, 

15 by no later than December 31, 2005. 

16 SEC. 409. INCREASED PENALTIES FOR NONCOMPLIANCE 

17 WITH MANIFEST REQUIREMENTS. 

18 (a) REPORTING, ENTRY, CLEARANCE REQUIRE19 MENTS.—Section 436(b) of the Tariff Act of 1930 (19 

20 U.S.C. 1436(b)) is amended by— 

21 (1) striking ‘‘or aircraft pilot’’ and inserting ‘‘, 

22 aircraft pilot, operator, owner of such vessel, vehicle 

23 or aircraft or any other responsible party (including 

24 non-vessel operating common carriers)’’; 
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1 (2) striking ‘‘$5,000’’ and inserting ‘‘$10,000’’; 

2 and 

3 (3) striking ‘‘$10,000’’ and inserting 

4 ‘‘$25,000’’. 

5 (b) CRIMINAL PENALTY.—Section 436(c) of the Tar6 iff Act of 1930 (19 U.S.C. 1436(c)) is amended by strik7 ing ‘‘$2,000’’ and inserting ‘‘$10,000’’. 

8 (c) FALSITY OR LACK OF MANIFEST.—Section 

9 584(a)(1) of the Tariff Act of 1930 (19 U.S.C. 

10 1584(a)(1)) is amended by striking ‘‘$1,000’’ in each 

11 place it occurs and inserting ‘‘$10,000’’. 

12 SEC. 410. STOWAWAYS ON VESSELS OR AIRCRAFT. 

13 Section 2199 of title 18, United States Code, is 

14 amended by striking ‘‘Shall be fined under this title or 

15 imprisoned not more than one year, or both.’’ and insert16 ing the following: 

17 ‘‘(1) shall be fined under this title, imprisoned 

18 not more than 5 years, or both; 

19 ‘‘(2) if the person commits an act proscribed by 

20 this section, with the intent to commit serious bodily 

21 injury, and serious bodily injury occurs (as defined 

22 under section 1365, including any conduct that, if 

23 the conduct occurred in the special maritime and 

24 territorial jurisdiction of the United States, would 

25 violate section 2241 or 2242) to any person other 
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1 than a participant as a result of a violation of this 

2 section, shall be fined under this title, imprisoned 

3 not more than 20 years, or both; and 

4 ‘‘(3) if an individual commits an act proscribed 

5 by this section, with the intent to cause death, and 

6 if the death of any person other than a participant 

7 occurs as a result of a violation of this section, shall 

8 be fined under this title, imprisoned for any number 

9 of years or for life, or both.’’. 

10 SEC. 411. BRIBERY AFFECTING PORT SECURITY. 

11 (a) IN GENERAL.—Chapter 11 of title 18, United 

12 States Code, is amended by adding at the end the fol13 lowing: 

14 ‘‘§ 226. Bribery affecting port security 

15 ‘‘(a) IN GENERAL.—Whoever knowingly— 

16 ‘‘(1) directly or indirectly, corruptly gives, of17 fers, or promises anything of value to any public or 

18 private person, with intent— 

19 ‘‘(A) to commit international or domestic 

20 terrorism (as that term is defined under section 

21 2331); 

22 ‘‘(B) to influence any action or any person 

23 to commit or aid in committing, or collude in, 

24 or allow, any fraud, or make opportunity for 
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1 the commission of any fraud affecting any se2 cure or restricted area or seaport; or 

3 ‘‘(C) to induce any official or person to do 

4 or omit to do any act in violation of the fidu5 ciary duty of such official or person which af6 fects any secure or restricted area or seaport; 

7 or 

8 ‘‘(2) directly or indirectly, corruptly demands, 

9 seeks, receives, accepts, or agrees to receive or ac10 cept anything of value personally or for any other 

11 person or entity in return for— 

12 ‘‘(A) being influenced in the performance 

13 of any official act affecting any secure or re14 stricted area or seaport; and 

15 ‘‘(B) knowing that such influence will be 

16 used to commit, or plan to commit, inter17 national or domestic terrorism 

18 ‘‘shall be fined under this title, imprisoned not more than 

19 15 years, or both. 

20 ‘‘(b) DEFINITION.—In this section, the term ‘secure 

21 or restricted area’ has the meaning given that term in sec22 tion 2285(c).’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

24 The table of sections for chapter 11 of title 18, United 
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1 States Code, is amended by adding at the end the fol2 lowing: 

‘‘226. Bribery affecting port security.’’. 

3 TITLE V—COMBATING MONEY 

4 LAUNDERING AND TER5 RORIST FINANCING ACT 

6 SEC. 501. SHORT TITLE. 

7 This title may be cited as the ‘‘Combating Money 

8 Laundering and Terrorist Financing Act of 2004’’. 

9 SEC. 502. SPECIFIED ACTIVITIES FOR MONEY LAUNDERING. 

10 (a) RICO DEFINITIONS.—Section 1961(1) of title 

11 18, United States Code, is amended— 

12 (1) in subparagraph (A), by inserting ‘‘bur13 glary, embezzlement,’’ after ‘‘robbery,’’; 

14 (2) in subparagraph (B), by— 

15 (A) inserting ‘‘section 1960 (relating to il16 legal money transmitters),’’ before ‘‘sections 

17 2251’’; 

18 (B) striking ‘‘1591’’ and inserting ‘‘1592’’; 

19 (C) inserting ‘‘and 1470’’ after ‘‘1461– 

20 1465’’; and 

21 (D) inserting ‘‘2252A,’’ after ‘‘2252,’’; 

22 (3) in subparagraph (D), by striking ‘‘fraud in 

23 the sale of securities’’ and inserting ‘‘fraud in the 

24 purchase or sale of securities’’; and 
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1 (4) in subparagraph (F), by inserting ‘‘and 

2 274A’’ after ‘‘274’’. 

3 (b) MONETARY INVESTMENTS.—Section 

4 1956(c)(7)(D) of title 18, United States Code, is amended 

5 by— 

6 (1) inserting ‘‘, or section 2339C (relating to fi7 nancing of terrorism)’’ before ‘‘of this title’’; and 

8 (2) striking ‘‘or any felony violation of the For9 eign Corrupt Practices Act’’ and inserting ‘‘any fel10 ony violation of the Foreign Corrupt Practices Act, 

11 or any violation of section 208 of the Social Security 

12 Act (42 U.S.C. 408) (relating to obtaining funds 

13 through misuse of a social security number)’’. 

14 (c) CONFORMING AMENDMENTS.— 

15 (1) MONETARY INSTRUMENTS.—Section 

16 1956(e) of title 18, United States Code, is amended 

17 to read as follows: 

18 ‘‘(e) Violations of this section may be investigated by 

19 such components of the Department of Justice as the At20 torney General may direct, and by such components of the 

21 Department of the Treasury as the Secretary of the Treas22 ury may direct, as appropriate, and, with respect to of23 fenses over which the Department of Homeland Security 

24 has jurisdiction, by such components of the Department 

25 of Homeland Security as the Secretary of Homeland Secu-
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1 rity may direct, with respect to the offenses over which 

2 the Social Security Administration has jurisdiction, as the 

3 Commissioner of Social Security may direct, and with re4 spect to offenses over which the United States Postal 

5 Service has jurisdiction, as the Postmaster General may 

6 direct. The authority under this subsection of the Sec7 retary of the Treasury, the Secretary of Homeland Secu8 rity, the Commissioner of Social Security, and the Post9 master General shall be exercised in accordance with an 

10 agreement which shall be entered into by the Secretary 

11 of the Treasury, the Secretary of Homeland Security, the 

12 Commissioner of Social Security, the Postmaster General, 

13 and the Attorney General. Violations of this section involv14 ing offenses described in subsection (c)(7)(E) may be in15 vestigated by such components of the Department of Jus16 tice as the Attorney General may direct, and the National 

17 Enforcement Investigations Center of the Environmental 

18 Protection Agency.’’. 

19 (2) PROPERTY FROM UNLAWFUL ACTIVITY.— 

20 Section 1957(e) of title 18, United States Code, is 

21 amended to read as follows: 

22 ‘‘(e) Violations of this section may be investigated by 

23 such components of the Department of Justice as the At24 torney General may direct, and by such components of the 

25 Department of the Treasury as the Secretary of the Treas-
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1 ury may direct, as appropriate, and, with respect to of2 fenses over which the Department of Homeland Security 

3 has jurisdiction, by such components of the Department 

4 of Homeland Security as the Secretary of Homeland Secu5 rity may direct, and, with respect to offenses over which 

6 the United States Postal Service has jurisdiction, by the 

7 Postmaster General. The authority under this subsection 

8 of the Secretary of the Treasury, the Secretary of Home9 land Security, and the Postmaster General shall be exer10 cised in accordance with an agreement which shall be en11 tered into by the Secretary of the Treasury, the Secretary 

12 of Homeland Security, the Postmaster General, and the 

13 Attorney General.’’. 

14 SEC. 503. ILLEGAL MONEY TRANSMITTING BUSINESSES. 

15 (a) TECHNICAL AMENDMENTS.—Section 1960 of 

16 title 18, United States Code, is amended— 

17 (1) in the caption by striking ‘‘unlicensed’’ and 

18 inserting ‘‘illegal’’; 

19 (2) in subsection (a), by striking ‘‘unlicensed’’ 

20 and inserting ‘‘illegal’’; 

21 (3) in subsection (b)(1), by striking ‘‘unli22 censed’’ and inserting ‘‘illegal’’; and 

23 (4) in subsection (b)(1)(C), by striking ‘‘to be 

24 used to be used’’ and inserting ‘‘to be used’’. 
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1 (b) PROHIBITION OF UNLICENSED MONEY TRANS2 MITTING BUSINESSES.—Section 1960(b)(1)(B) of title 18, 

3 United States Code, is amended by inserting the following 

4 before the semicolon: ‘‘, whether or not the defendant 

5 knew that the operation was required to comply with such 

6 registration requirements’’. 

7 (c) AUTHORITY TO INVESTIGATE.—Section 1960 of 

8 title 18, United States Code, is amended by adding at the 

9 end the following: 

10 ‘‘(c) Violations of this section may be investigated by 

11 the Attorney General, the Secretary of the Treasury, and 

12 the Secretary of the Department of Homeland Security.’’. 

13 SEC. 504. ASSETS OF PERSONS COMMITTING TERRORIST 

14 ACTS AGAINST FOREIGN COUNTRIES OR 

15 INTERNATIONAL ORGANIZATIONS. 

16 Section 981(a)(1)(G) of title 18, United States Code, 

17 is amended by— 

18 (1) striking ‘‘or’’ at the end of clause (ii); 

19 (2) striking the period at the end of clause (iii) 

20 and inserting ‘‘; or’’; and 

21 (3) inserting after clause (iii) the following: 

22 ‘‘(iv) of any individual, entity, or or23 ganization engaged in planning or perpe24 trating any act of international terrorism 

25 (as defined in section 2331) against any 
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1 international organization (as defined in 

2 section 209 of the State Department Basic 

3 Authorities Act of 1956 (22 U.S.C. 

4 4309(b))) or against any foreign govern5 ment. Where the property sought for for6 feiture is located beyond the territorial 

7 boundaries of the United States, an act in 

8 furtherance of such planning or perpetra9 tion must have occurred within the juris10 diction of the United States.’’. 

11 SEC. 505. MONEY LAUNDERING THROUGH INFORMAL 

12 VALUE TRANSFER SYSTEMS. 

13 Section 1956(a) of title 18, United States Code, is 

14 amended by adding at the end the following: 

15 ‘‘(4) A transaction described in paragraph (1), or a 

16 transportation, transmission, or transfer described in 

17 paragraph (2) shall be deemed to involve the proceeds of 

18 specified unlawful activity, if the transaction, transpor19 tation, transmission, or transfer is part of a single plan 

20 or arrangement whose purpose is described in either of 

21 those paragraphs and one part of such plan or arrange22 ment actually involves the proceeds of specified unlawful 

23 activity.’’. 
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1 SEC. 506. FINANCING OF TERRORISM. 

2 (a) CONCEALMENT.—Section 2339C(c)(2) of title 18, 

3 United States Code, is amended to read as follows: 

4 ‘‘(2) knowingly conceals or disguises the nature, 

5 location, source, ownership, or control of any mate6 rial support, or resources, or any funds or proceeds 

7 of such funds— 

8 ‘‘(A) knowing or intending that the sup9 port or resources are to be provided, or knowing 

10 that the support or resources were provided, in 

11 violation of section 2339B; or 

12 ‘‘(B) knowing or intending that any such 

13 funds are to be provided or collected, or know14 ing that the funds were provided or collected, in 

15 violation of subsection (a), 

16 shall be punished as prescribed in subsection 

17 (d)(2).’’. 

18 (b) DEFINITION.—Section 2339C(e) of title 18, 

19 United States Code, is amended— 

20 (1) in paragraph (12), by striking ‘‘and’’ at the 

21 end; 

22 (2) by redesignating paragraph (13) as para23 graph (14); and 

24 (3) by inserting after paragraph (12) the fol25 lowing: 
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1 ‘‘(13) the term ‘material support or resources’ 

2 has the same meaning as in section 2339B(g)(4); 

3 and’’. 

4 SEC. 507. MISCELLANEOUS AND TECHNICAL AMENDMENTS. 

5 (a) CRIMINAL FORFEITURE.—Section 982(b) of title 

6 18, United States Code, is amended in subsection (b)(2), 

7 by striking ‘‘The substitution’’ and inserting ‘‘With re8 spect to a forfeiture under subsection (a)(1), the substi9 tution’’. 

10 (b) TECHNICAL AMENDMENTS TO SECTIONS 1956 

11 AND 1957.— 

12 (1) UNLAWFUL ACTIVITY.—Section 

13 1956(c)(7)(F) of title 18, United States Code, is 

14 amended by inserting ‘‘, as defined in section 24’’ 

15 before the period. 

16 (2) PROPERTY FROM UNLAWFUL ACTIVITY.— 

17 Section 1957 of title 18, United States Code, is 

18 amended— 

19 (A) in subsection (a), by striking ‘‘engages 

20 or attempts to engage in’’ and inserting ‘‘con21 ducts or attempts to conduct’’; and 

22 (B) in subsection (f), by inserting the fol23 lowing after paragraph (3): 

24 ‘‘(4) the term ‘conducts’ has the same meaning 

25 as it does for purposes of section 1956 of this title.’’. 
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1 (c) OBSTRUCTION OF JUSTICE.—Section 

2 1510(b)(3)(B) of title 18, United States Code, is amended 

3 by striking ‘‘or’’ the first time it appears and inserting 

4 ‘‘, a subpoena issued pursuant to section 1782 of title 28, 

5 or’’. 

6 (d) INTERNATIONAL TERRORISM.—Section 

7 2332b(g)(5)(B) of title 18, United States Code, is amend8 ed by inserting ‘‘)’’ after ‘‘2339C (relating to financing 

9 of terrorism’’. 
Calendar No. 645 

108TH CONGRESS 

2D SESSION S. 2679 

A BILL 

To strengthen anti-terrorism investigative tools, 

fenses, and for other purposes. promote information sharing, punish terrorist ofJULY 19, 2004 

Read the second time and placed on the calendar