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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2679 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 645
108th CONGRESS
  2d Session
                                S. 2679

 To strengthen anti-terrorism investigative tools, promote information 
      sharing, punish terrorist offenses, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 16, 2004

   Mr. Kyl (for himself, Mr. Cornyn, Mr. Nickles, Mr. Chambliss, Mr. 
Sessions, Mr. Frist, and Mr. McConnell) introduced the following bill; 
                     which was read the first time

                             July 19, 2004

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
 To strengthen anti-terrorism investigative tools, promote information 
      sharing, punish terrorist offenses, and for other purposes.

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

SECTION 1. SHORT TITLE; AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Tools to Fight 
Terrorism Act of 2004''.
    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title; and table of contents.
      TITLE I--ANTI-TERRORISM INVESTIGATIVE TOOLS IMPROVEMENT ACT

Sec. 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.
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.

      TITLE I--ANTI-TERRORISM INVESTIGATIVE TOOLS IMPROVEMENT ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Anti-terrorism Investigative Tools 
Improvement Act of 2004''.

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

    Section 101(b)(1) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801(b)(1)) is amended by adding at the end the 
following:
                    ``(C) engages in international terrorism or 
                activities in preparation therefore; or''.

SEC. 103. ADDING TERRORIST OFFENSES TO STATUTORY PRESUMPTION OF NO 
              BAIL.

    Section 3142 of title 18, United States Code, is amended--
            (1) in the flush language at the end of subsection (e) by 
        inserting before the period at the end the following: ``, or an 
        offense listed in section 2332b(g)(5)(B) of title 18 of the 
        United States Code, if the Attorney General certifies that the 
        offense appears by its nature or context to be intended to 
        intimidate or coerce a civilian population, to influence the 
        policy of a government by intimidation or coercion, or to 
        affect the conduct of a government by mass destruction, 
        assassination, or kidnaping, or an offense involved in or 
        related to domestic or international terrorism as defined in 
        section 2331 of title 18 of the United States Code''; and
            (2) in subsections (f)(1)(A) and (g)(1), by inserting after 
        ``violence'' the following: ``or an offense listed in section 
        2332b(g)(5)(B) of title 18 of the United States Code, if the 
        Attorney General certifies that the offense appears by its 
        nature or context to be intended to intimidate or coerce a 
        civilian population, to influence the policy of a government by 
        intimidation or coercion, or to affect the conduct of a 
        government by mass destruction, assassination, or kidnaping, or 
        an offense involved in or related to domestic or international 
        terrorism as defined in section 2331 of title 18 of the United 
        States Code,''.

SEC. 104. MAKING TERRORISTS ELIGIBLE FOR LIFETIME POST-RELEASE 
              SUPERVISION.

    Section 3583(j) of title 18, United States Code, is amended by 
striking ``, the commission'' and all that follows through ``person,''.

SEC. 105. JUDICIALLY ENFORCEABLE SUBPOENAS IN TERRORISM INVESTIGATIONS.

    (a) In General.--Chapter 113B of title 18, United States Code, is 
amended by inserting after section 2332f the following:
``Sec. 2332g. Judicially enforceable terrorism subpoenas
    ``(a) Authorization of Use.--
            ``(1) In general.--In any investigation concerning a 
        Federal crime of terrorism (as defined under section 
        2332b(g)(5)), the Attorney General may issue in writing and 
        cause to be served a subpoena requiring the production of any 
        records or other materials that the Attorney General finds 
        relevant to the investigation, or requiring testimony by the 
        custodian of the materials to be produced concerning the 
        production and authenticity of those materials.
            ``(2) Contents.--A subpoena issued under paragraph (1) 
        shall describe the records or items required to be produced and 
        prescribe a return date within a reasonable period of time 
        within which the records or items can be assembled and made 
        available.
            ``(3) Attendance of witnesses and production of records.--
                    ``(A) In general.--The attendance of witnesses and 
                the production of records may be required from any 
                place in any State, or in any territory or other place 
                subject to the jurisdiction of the United States at any 
                designated place of hearing.
                    ``(B) Limitation.--A witness shall not be required 
                to appear at any hearing more than 500 miles distant 
                from the place where he was served with a subpoena.
                    ``(C) Reimbursement.--Witnesses summoned under this 
                section shall be paid the same fees and mileage that 
                are paid to witnesses in the courts of the United 
                States.
    ``(b) Service.--
            ``(1) In general.--A subpoena issued under this section may 
        be served by any person designated in the subpoena as the agent 
        of service.
            ``(2) Service of subpoena.--
                    ``(A) Natural person.--Service of a subpoena upon a 
                natural person may be made by personal delivery of the 
                subpoena to that person, or by certified mail with 
                return receipt requested.
                    ``(B) Business entities and associations.--Service 
                of a subpoena may be made upon a domestic or foreign 
                corporation, or upon a partnership or other 
                unincorporated association that is subject to suit 
                under a common name, by delivering the subpoena to an 
                officer, to a managing or general agent, or to any 
                other agent authorized by appointment or by law to 
                receive service of process.
                    ``(C) Proof of service.--The affidavit of the 
                person serving the subpoena entered by that person on a 
                true copy thereof shall be sufficient proof of service.
    ``(c) Enforcement.--
            ``(1) In general.--In the case of the contumacy by, or 
        refusal to obey a subpoena issued to, any person, the Attorney 
        General may invoke the aid of any court of the United States 
        within the jurisdiction of which the investigation is carried 
        on, or the subpoenaed person resides, carries on business, or 
        may be found, to compel compliance with the subpoena.
            ``(2) Order.--A court of the United States described under 
        paragraph (1) may issue an order requiring the subpoenaed 
        person, in accordance with the subpoena, to appear, to produce 
        records, or to give testimony touching the matter under 
        investigation. Any failure to obey the order of the court may 
        be punished by the court as contempt thereof.
            ``(3) Service of process.--Any process under this 
        subsection may be served in any judicial district in which the 
        person may be found.
    ``(d)  Nondisclosure requirement.--
            ``(1) In general.--If the Attorney General certifies that 
        otherwise there may result a danger to the national security of 
        the United States, no person shall disclose to any other person 
        that a subpoena was received or records were provided pursuant 
        to this section, other than to--
                    ``(A) those persons to whom such disclosure is 
                necessary in order to comply with the subpoena;
                    ``(B) an attorney to obtain legal advice with 
                respect to testimony or the production of records in 
                response to the subpoena; or
                    ``(C) other persons as permitted by the Attorney 
                General.
            ``(2) Notice of nondisclosure requirement.--The subpoena, 
        or an officer, employee, or agency of the United States in 
        writing, shall notify the person to whom the subpoena is 
        directed of the nondisclosure requirements under paragraph (1).
            ``(3) Further applicability of nondisclosure 
        requirements.--Any person who receives a disclosure under this 
        subsection shall be subject to the same prohibitions on 
        disclosure under paragraph (1).
            ``(4) Enforcement of nondisclosure requirement.--Whoever 
        knowingly violates paragraphs (1) or (3) shall be imprisoned 
        for not more than 1 year, and if the violation is committed 
        with the intent to obstruct an investigation or judicial 
        proceeding, shall be imprisoned for not more than 5 years.
            ``(5) Termination of nondisclosure requirement.--If the 
        Attorney General concludes that a nondisclosure requirement no 
        longer is justified by a danger to the national security of the 
        United States, an officer, employee, or agency of the United 
        States shall notify the relevant person that the prohibition of 
        disclosure is no longer applicable.
    ``(e) Judicial Review.--
            ``(1) In general.--At any time before the return date 
        specified in a summons issued under this section, the person or 
        entity summoned may, in the United States district court for 
        the district in which that person or entity does business or 
        resides, petition for an order modifying or setting aside the 
        summons.
            ``(2) Modification of nondisclosure requirement.--Any court 
        described under paragraph (1) may modify or set aside a 
        nondisclosure requirement imposed under subsection (d) at the 
        request of a person to whom a subpoena has been directed, 
        unless there is reason to believe that the nondisclosure 
        requirement is justified because otherwise there may result a 
        danger to the national security of the United States.
            ``(3) Review of government submissions.--In all proceedings 
        under this subsection, the court shall review the submission of 
        the Federal Government, which may include classified 
        information, ex parte and in camera.
    ``(f) Immunity From Civil Liability.--Any person, including 
officers, agents, and employees of a non-natural person, who in good 
faith produce the records or items requested in a subpoena, shall not 
be liable in any court of any State or the United States to any 
customer or other person for such production, or for nondisclosure of 
that production to the customer or other person.
    ``(g) Guidelines.--The Attorney General shall, by rule, establish 
such guidelines as are necessary to ensure the effective implementation 
of this section.''.
    (b) Amendment to Table of Sections.--The table of sections of 
chapter 113B of title 18, United States Code, is amended by inserting 
after the item relating to section 2332f the following:

``2332g. Judicially enforceable terrorism subpoenas.''.

SEC. 106. HOAXES RELATING TO TERRORIST OFFENSES.

    (a) Prohibition on Hoaxes.--Chapter 47 of title 18, United States 
Code, is amended by inserting after section 1037 the following:
``Sec. 1038. False information and hoaxes
    ``(a) Criminal Violation.--
            ``(1) In general.--Whoever engages in any conduct with 
        intent to convey false or misleading information under 
        circumstances where such information may reasonably be 
        believed, and where such information indicates that an activity 
        has taken, is taking, or will take place that would constitute 
        an offense listed under section 2332b(g)(5)(B) of this title--
                    ``(A) be fined under this title or imprisoned not 
                more than 5 years, or both;
                    ``(B) if serious bodily injury (as defined in 
                section 1365 of this title, including any conduct that, 
                if the conduct occurred in the special maritime and 
                territorial jurisdiction of the United States, would 
                violate section 2241 or 2242 of this title) results, be 
                fined under this title or imprisoned not more than 25 
                years, or both; and
                    ``(C) if death results, shall be punished by death 
                or imprisoned for any term of years or for life.
            ``(2) Armed forces.--Whoever, without lawful authority, 
        makes a false statement, with intent to convey false or 
        misleading information, about the death, injury, capture, or 
        disappearance of a member of the Armed Forces of the United 
        States during a war or armed conflict in which the United 
        States is engaged, shall--
                    ``(A) be fined under this title or imprisoned not 
                more than 5 years, or both;
                    ``(B) if serious bodily injury (as defined in 
                section 1365 of this title, including any conduct that, 
                if the conduct occurred in the special maritime and 
                territorial jurisdiction of the United States, would 
                violate section 2241 or 2242 of this title) results, be 
                fined under this title or imprisoned not more than 25 
                years, or both; and
                    ``(C) if death results, shall be punished by death 
                or imprisoned for any term of years or for life.
    ``(b) Civil Action.--Whoever knowingly engages in any conduct with 
intent to convey false or misleading information under circumstances 
where such information may reasonably be believed and where such 
information indicates that an activity has taken, is taking, or will 
take place that would constitute a violation of chapter 2, 10, 11B, 39, 
40, 44, 111, or 113B of this title, section 236 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of 
section 46504, section 46505 (b)(3) or (c), section 46506 if homicide 
or attempted homicide is involved, or section 60123(b) of title 49 is 
liable in a civil action to any party incurring expenses incident to 
any emergency or investigative response to that conduct, for those 
expenses.
    ``(c) Reimbursement.--
            ``(1) In general.--The court, in imposing a sentence on a 
        defendant who has been convicted of an offense under subsection 
        (a), shall order the defendant to reimburse any party incurring 
        expenses incident to any emergency or investigative response to 
        that conduct, for those expenses.
            ``(2) Liability.--A person ordered to make reimbursement 
        under this subsection shall be jointly and severally liable for 
        such expenses with each other person, if any, who is ordered to 
        make reimbursement under this subsection for the same expenses.
            ``(3) Civil judgment.--An order of reimbursement under this 
        subsection shall, for the purposes of enforcement, be treated 
        as a civil judgment.
    ``(d) Activities of Law Enforcement.--This section shall not 
prohibit any lawfully authorized investigative, protective, or 
intelligence activity of a law enforcement agency of the United States, 
a State, or political subdivision of a State, or of an intelligence 
agency of the United States.''.
    (b) Clerical Amendment.--The table of sections of chapter 47 of 
title 18, United States Code, is amended by adding after the item 
relating to section 1037 the following:

``1038. False information and hoaxes.''.

SEC. 107. INCREASED PENALTIES FOR OBSTRUCTION OF JUSTICE IN TERRORISM 
              CASES.

    (a) Enhanced Penalty.--Sections 1001(a) and 1505 of title 18, 
United States Code, are amended by striking ``be fined under this title 
or imprisoned not more than 5 years, or both'' and inserting ``be fined 
under this title, imprisoned not more than 5 years or, if the matter 
relates to international or domestic terrorism (as defined in section 
2331), imprisoned not more than 10 years, or both''.
    (b) Sentencing Guidelines.--Not later than 30 days after the date 
of enactment of this section, the United States Sentencing Commission 
shall amend the Sentencing Guidelines to provide for an increased 
offense level for an offense under sections 1001(a) and 1505 of title 
18, United States Code, if the offense involves a matter relating to 
international or domestic terrorism, as defined in section 2331 of such 
title.

SEC. 108. AUTOMATIC PERMISSION FOR EX PARTE REQUESTS FOR PROTECTION 
              UNDER THE CLASSIFIED INFORMATION PROCEDURES ACT.

    The second sentence of section 4 of the Classified Information 
Procedures Act (18 U.S.C. App. 3) is amended--
            (1) by striking ``may'' and inserting ``shall''; and
            (2) by striking ``a written statement to be inspected'' and 
        inserting ``a statement to be considered''.

SEC. 109. USE OF FISA INFORMATION IN IMMIGRATION PROCEEDINGS.

    The following provisions of the Foreign Intelligence Surveillance 
Act of 1978 are each amended by inserting ``(other than in civil 
proceedings or other civil matters under the immigration laws (as that 
term is defined in section 101(a)(17) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(17)))'' after ``authority of the 
United States'':
            (1) Subsections (c), (e), and (f) of section 106 (50 U.S.C. 
        1806).
            (2) Subsections (d), (f), and (g) of section 305 (50 U.S.C. 
        1825).
            (3) Subsections (c), (e), and (f) of section 405 (50 U.S.C. 
        1845).

SEC. 110. EXPANDED DEATH PENALTY FOR TERRORIST MURDERS.

    (a) In General.--Chapter 113B of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2339D. Terrorist offenses resulting in death
    ``(a) Penalty.--A person who, in the course of committing a 
terrorist offense, engages in conduct that results in the death of a 
person, shall be punished by death, or imprisoned for any term of years 
or for life.
    ``(b) Terrorist Offense Defined.--In this section, the term 
`terrorist offense' means--
            ``(1) international or domestic terrorism as defined in 
        section 2331;
            ``(2) a Federal crime of terrorism as defined in section 
        2332b(g);
            ``(3) an offense under--
                    ``(A) this chapter;
                    ``(B) section 175, 175b, 229, or 831; or
                    ``(C) section 236 of the Atomic Energy Act of 1954 
                (42 U.S.C. 2284); or
            ``(4) an attempt or conspiracy to commit an offense 
        described in paragraph (1), (2), or (3).''.
    (b) Chapter Analysis.--The table of sections of chapter 113B of 
title 18, United States Code, is amended by inserting at the end the 
following:

``2339D. Terrorist offenses resulting in death.''.
    (c) Aggravating Factors.--
            (1) In general.--Section 3591(a)(1) of title 18, United 
        States Code, is amended by striking ``or section 2381'' and 
        inserting ``, 2339D, or 2381''.
            (2) Conforming amendment.--Section 3592(b) of title 18, 
        United States Code, is amended--
                    (A) in the section heading, by striking ``and 
                treason'' and inserting ``, treason, and terrorism''; 
                and
                    (B) in paragraph (1)--
                            (i) in the section heading, by striking 
                        ``or treason'' and inserting ``, treason, or 
                        terrorism''; and
                            (ii) by striking ``or treason'' and 
                        inserting ``, treason, or terrorism''.
    (d) Death Penalty in Certain Air Piracy Cases.--Section 60003(b) of 
the Violent Crime Control and Law Enforcement Act of 1994, (Public Law 
103-322), is amended, as of the time of its enactment, by adding at the 
end the following:
            ``(2) Death penalty procedures for certain previous 
        aircraft piracy violations.--An individual convicted of 
        violating section 46502 of title 49, United States Code, or its 
        predecessor, may be sentenced to death in accordance with the 
        procedures established in chapter 228 of title 18, United 
        States Code, if for any offense committed before the enactment 
        of the Violent Crime Control and Law Enforcement Act of 1994 
        (Public Law 103-322), but after the enactment of the 
        Antihijacking Act of 1974 (Public Law 93-366), it is determined 
        by the finder of fact, before consideration of the factors set 
        forth in sections 3591(a)(2) and 3592(a) and (c) of title 18, 
        United States Code, that one or more of the factors set forth 
        in former section 46503(c)(2) of title 49, United States Code, 
        or its predecessor, has been proven by the Government to exist, 
        beyond a reasonable doubt, and that none of the factors set 
        forth in former section 46503(c)(1) of title 49, United States 
        Code, or its predecessor, has been proven by the defendant to 
        exist, by a preponderance of the information. The meaning of 
        the term `especially heinous, cruel, or depraved', as used in 
        the factor set forth in former section 46503(c)(2)(B)(iv) of 
        title 49, United States Code, or its predecessor, shall be 
        narrowed by adding the limiting language `in that it involved 
        torture or serious physical abuse to the victim', and shall be 
        construed as when that term is used in section 3592(c)(6) of 
        title 18, United States Code.''.

SEC. 111. DENIAL OF FEDERAL BENEFITS TO CONVICTED TERRORISTS.

    (a) In General.--Chapter 113B of title 18, United States Code, as 
amended by this Act, is further amended by adding at the end the 
following:
``Sec. 2339E. Denial of Federal benefits to terrorists
    ``(a) In General.--Any individual who is convicted of a Federal 
crime of terrorism (as defined in section 2332b(g)) shall, as provided 
by the court on motion of the Government, be ineligible for any or all 
Federal benefits for any term of years or for life.
    ``(b) Federal Benefit Defined.--As used in this section, `Federal 
benefit' has the meaning given that term in section 421(d) of the 
Controlled Substances Act (21 U.S.C. 862(d)).''.
    (b) Chapter Analysis.--The table of sections of chapter 113B of 
title 18, United States Code, is amended by inserting at the end the 
following:

``2339E. Denial of Federal benefits to terrorists.''.

SEC. 112. UNIFORM STANDARDS FOR INFORMATION SHARING ACROSS FEDERAL 
              AGENCIES.

    (a) Telephone Records.--Section 2709(d) of title 18, United States 
Code, is amended by striking ``for foreign'' and all that follows 
through ``such agency''.
    (b) Consumer Information Under 15 U.S.C. 1681u.--Section 625(f) of 
the Fair Credit Reporting Act (15 U.S.C. 1681u(f)) is amended to read 
as follows:
    ``(f) Dissemination of Information.--The Federal Bureau of 
Investigation may disseminate information obtained pursuant to this 
section only as provided in guidelines approved by the Attorney 
General.''.
    (c) Consumer Information Under 15 U.S.C. 1681v.--Section 626 of the 
Fair Credit Reporting Act (15 U.S.C. 1681v) is amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d) Dissemination of Information.--The Federal Bureau of 
Investigation may disseminate information obtained pursuant to this 
section only as provided in guidelines approved by the Attorney 
General.''.
    (d) Financial Records.--Section 1114(a)(5)(B) of the Right to 
Financial Privacy Act (12 U.S.C. 3414(a)(5)(B)) is amended by striking 
``for foreign'' and all that follows through ``such agency''.
    (e) Records Concerning Certain Government Employees.--Section 
802(e) of the National Security Act of 1947 (50 U.S.C. 436(e)) is 
amended--
            (1) by striking ``An agency'' and inserting the following: 
        ``The Federal Bureau of Investigation may disseminate records 
        or information received pursuant to a request under this 
        section only as provided in guidelines approved by the Attorney 
        General. Any other agency''; and
            (2) in paragraph (3), by striking ``clearly''.

SEC. 113. AUTHORIZATION TO SHARE NATIONAL-SECURITY AND GRAND-JURY 
              INFORMATION WITH STATE AND LOCAL GOVERNMENTS.

    (a) Information Obtained in National Security Investigations.--
Section 203(d) of the USA PATRIOT ACT (50 U.S.C. 403-5d) is amended--
            (1) in paragraph (1), by striking ``criminal 
        investigation'' each place it appears and inserting ``criminal 
        or national security investigation''; and
            (2) by amending paragraph (2) to read as follows:
            ``(2) Definitions.--As used in this subsection--
                    ``(A) the term `foreign intelligence information' 
                means--
                            ``(i) information, whether or not 
                        concerning a United States person, that relates 
                        to the ability of the United States to protect 
                        against--
                                    ``(I) actual or potential attack or 
                                other grave hostile acts of a foreign 
                                power or an agent of a foreign power;
                                    ``(II) sabotage or international 
                                terrorism by a foreign power or an 
                                agent of a foreign power; or
                                    ``(III) clandestine intelligence 
                                activities by an intelligence service 
                                or network of a foreign power or by an 
                                agent of a foreign power; or
                            ``(ii) information, whether or not 
                        concerning a United States person, with respect 
                        to a foreign power or foreign territory that 
                        relates to--
                                    ``(I) the national defense or the 
                                security of the United States; or
                                    ``(II) the conduct of the foreign 
                                affairs of the United States; and
                    ``(B) the term `national security investigation'--
                            ``(i) means any investigative activity to 
                        protect the national security; and
                            ``(ii) includes--
                                    ``(I) counterintelligence and the 
                                collection of intelligence (as defined 
                                in section 3 of the National Security 
                                Act of 1947 (50 U.S.C. 401a)); and
                                    ``(II) the collection of foreign 
                                intelligence information.''.
    (b) Rule Amendments.--Rule 6(e) of the Federal Rules of Criminal 
Procedure is amended--
            (1) in paragraph (3)--
                    (A) in subparagraph (A)(ii), by striking ``or state 
                subdivision or of an Indian tribe'' and inserting ``, 
                state subdivision, Indian tribe, or foreign 
                government'';
                    (B) in subparagraph (D)--
                            (i) by inserting after the first sentence 
                        the following: ``An attorney for the government 
                        may also disclose any grand-jury matter 
                        involving a threat of actual or potential 
                        attack or other grave hostile acts of a foreign 
                        power or an agent of a foreign power, domestic 
                        or international sabotage, domestic or 
                        international terrorism, or clandestine 
                        intelligence gathering activities by an 
                        intelligence service or network of a foreign 
                        power or by an agent of a foreign power, within 
the United States or elsewhere, to any appropriate Federal, State, 
state subdivision, Indian tribal, or foreign government official for 
the purpose of preventing or responding to such a threat.''; and
                            (ii) in clause (i)--
                                    (I) by striking ``federal''; and
                                    (II) by adding at the end the 
                                following: ``Any State, state 
                                subdivision, Indian tribal, or foreign 
                                government official who receives 
                                information under Rule 6(e)(3)(D) may 
                                use the information only consistent 
                                with such guidelines as the Attorney 
                                General and Director of Central 
                                Intelligence shall jointly issue.''; 
                                and
                    (C) in subparagraph (E)--
                            (i) by redesignating clauses (iii) and (iv) 
                        as clauses (iv) and (v), respectively;
                            (ii) by inserting after clause (ii) the 
                        following:
                            ``(iii) at the request of the government, 
                        when sought by a foreign court or prosecutor 
                        for use in an official criminal investigation; 
                        ''; and
                            (iii) in clause (iv), as redesignated--
                                    (I) by striking ``state or Indian 
                                tribal'' and inserting ``State, Indian 
                                tribal, or foreign''; and
                                    (II) by striking ``or Indian tribal 
                                official'' and inserting ``Indian 
                                tribal, or foreign government 
                                official''; and
            (2) in paragraph (7), by inserting ``, or of guidelines 
        jointly issued by the Attorney General and Director of Central 
        Intelligence pursuant to Rule 6,'' after ``Rule 6''.
    (c) Conforming Amendment.--Section 203(c) of the USA PATRIOT ACT 
(18 U.S.C. 2517 note) is amended by striking ``Rule 6(e)(3)(C)(i)(V) 
and (VI)'' and inserting ``Rule 6(e)(3)(D)''.

SEC. 114. PROVIDING MATERIAL SUPPORT TO TERRORISM.

    (a) In General.--Section 2339A(a) of title 18, United States Code, 
is amended--
            (1) by striking ``Whoever'' and inserting the following:
            ``(1) In general.--Any person who'';
            (2) by striking ``A violation'' and inserting the 
        following:
            ``(3) Prosecution.--A violation'';
            (3) by inserting after paragraph (1) the following:
            ``(2) Additional offense.--
                    ``(A) In general.--Any person who provides material 
                support or resources or conceals or disguises the 
                nature, location, source, or ownership of material 
                support or resources, knowing or intending that they 
                are to be used in preparation for, or in carrying out, 
                an act of international or domestic terrorism, or in 
                the preparation for, or in carrying out, the 
                concealment or escape from the commission of any such 
                act, or attempts or conspires to do so, shall be 
                punished as provided under paragraph (1) for an offense 
                under that paragraph.
                    ``(B) Jurisdiction.--There is Federal jurisdiction 
                over an offense under this paragraph if--
                            ``(i) the offense occurs in or affects 
                        interstate or foreign commerce;
                            ``(ii) the act of terrorism is an act of 
                        international or domestic terrorism that 
                        violates the criminal law of the United States;
                            ``(iii) the act of terrorism is an act of 
                        domestic terrorism that appears to be intended 
                        to influence the policy, or affect the conduct, 
                        of the Government of the United States or a 
                        foreign government;
                            ``(iv) the act of terrorism is an act of 
                        international terrorism that appears to be 
                        intended to influence the policy, or affect the 
                        conduct, of the Government of the United States 
                        or a foreign government, and an offender, 
                        acting within the United States or outside the 
                        territorial jurisdiction of the United States, 
                        is--
                                    ``(I) a national of the United 
                                States (as defined in section 
                                101(a)(22) of the Immigration and 
                                Nationality Act (8 U.S.C. 1101(a)(22));
                                    ``(II) an alien lawfully admitted 
                                for permanent residence in the United 
                                States (as defined in section 
                                101(a)(20) of such Act); or
                                    ``(III) a stateless person whose 
                                habitual residence is in the United 
                                States;
                            ``(v) the act of terrorism is an act of 
                        international terrorism that appears to be 
                        intended to influence the policy, or affect the 
                        conduct, of the Government of the United States 
                        or a foreign government, and an offender, 
                        acting within the United States, is an alien;
                            ``(vi) the act of terrorism is an act of 
                        international terrorism that appears to be 
                        intended to influence the policy, or affect the 
                        conduct, of the Government of the United 
                        States, and an offender, acting outside the 
                        territorial jurisdiction of the United States, 
                        is an alien; or
                            ``(vii) an offender aids or abets any 
                        person over whom jurisdiction exists under this 
                        paragraph in committing an offense under this 
                        paragraph or conspires with any person over 
                        whom jurisdiction exists under this paragraph 
                        to commit an offense under this paragraph.''; 
                        and
            (4) by inserting ``act or'' after ``underlying''.
    (b) Definitions.--Section 2339A(b) of title 18, United States Code, 
is amended to read as follows--
    ``(b) Definitions.--As used in this section--
            ``(1) the term `material support or resources' means any 
        property (tangible or intangible) or service, including 
        currency or monetary instruments or financial securities, 
        financial services, lodging, training, expert advice or 
        assistance, safehouses, false documentation or identification, 
        communications equipment, facilities, weapons, lethal 
        substances, explosives, personnel (1 or more individuals who 
        may be or include oneself), and transportation, except medicine 
        or religious materials;
            ``(2) the term `training' means instruction or teaching 
        designed to impart a specific skill, rather than general 
        knowledge; and
            ``(3) the term `expert advice or assistance' means advice 
        or assistance derived from scientific, technical, or other 
        specialized knowledge.''.
    (c) Material Support to Foreign Terrorist Organization.--Section 
2339B(a)(1) of title 18, United States Code, is amended--
            (1) by striking ``Whoever, within the United States or 
        subject to the jurisdiction of the United States,'' and 
        inserting the following:
                    ``(A) In general.--Any person who''; and
            (2) by adding at the end the following:
                    ``(B) Knowledge requirement.--A person cannot 
                violate this paragraph unless the person has knowledge 
                that the organization referred to in subparagraph (A)--
                            ``(i) is a terrorist organization;
                            ``(ii) has engaged or engages in terrorist 
                        activity (as defined in section 212(a)(3)(B) of 
                        the Immigration and Nationality Act (8 U.S.C. 
                        1182(a)(3)(B)); or
                            ``(iii) has engaged or engages in terrorism 
                        (as defined in section 140(d)(2) of the Foreign 
                        Relations Authorization Act, Fiscal Years 1988 
                        and 1989 (22 U.S.C. 2656f(d)(2)).''.
    (d) Jurisdiction.--Section 2339B(d) of title 18, United States 
Code, is amended to read as follows:
    ``(d) Jurisdiction.--
            ``(1) In general.--There is jurisdiction over an offense 
        under subsection (a) if--
                    ``(A) an offender is a national of the United 
                States (as defined in section 101(a)(22) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(22)) 
                or an alien lawfully admitted for permanent residence 
                in the United States (as defined in section 101(a)(20) 
                of such Act);
                    ``(B) an offender is a stateless person whose 
                habitual residence is in the United States;
                    ``(C) an offender is brought in or found in the 
                United States after the conduct required for the 
                offense occurs, even if such conduct occurs outside the 
                United States;
                    ``(D) the offense occurs in whole or in part within 
                the United States;
                    ``(E) the offense occurs in or affects interstate 
                or foreign commerce; or
                    ``(F) an offender aids or abets any person, over 
                whom jurisdiction exists under this paragraph, in 
                committing an offense under subsection (a) or conspires 
                with any person, over whom jurisdiction exists under 
                this paragraph, to commit an offense under subsection 
                (a).
            ``(2) Extraterritorial jurisdiction.--There is 
        extraterritorial Federal jurisdiction over an offense under 
        this section.''.
    (e) Provision of Personnel.--Section 2339B of title 18, United 
States Code, is amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by adding after subsection (f) the following:
    ``(g) Provision of Personnel.--No person may be prosecuted under 
this section in connection with the term `personnel' unless that person 
has knowingly provided, attempted to provide, or conspired to provide a 
foreign terrorist organization with 1 or more individuals (who may be 
or include that person) to work under that terrorist organization's 
direction or control or to organize, manage, supervise, or otherwise 
direct the operation of that organization. Any person who acts entirely 
independently of the foreign terrorist organization to advance its 
goals or objectives shall not be considered to be working under the 
foreign terrorist organization's direction or control.''.

SEC. 115. RECEIVING MILITARY TYPE TRAINING FROM A FOREIGN TERRORIST 
              ORGANIZATION.

    (a) Prohibition as to Citizens and Residents.--
            (1) In general.--Chapter 113B of title 18, United States 
        Code, is amended by adding after section 2339C the following:
``Sec. 2339E. Receiving military-type training from a foreign terrorist 
              organization
    ``(a) Offense.--
            ``(1) In general.--Whoever knowingly receives military-type 
        training from or on behalf of any organization designated at 
        the time of the training by the Secretary of State under 
        section 219(a)(1) of the Immigration and Nationality Act (8 
        U.S.C. 1189(a)(1)) as a foreign terrorist organization, shall 
        be fined under this title, imprisoned for ten years, or both.
            ``(2) Knowledge requirement.--To violate paragraph (1), a 
        person must have knowledge that the organization is a 
        designated terrorist organization (as defined in subsection 
        (c)(4)), that the organization has engaged or engages in 
        terrorist activity (as defined in section 212 of the 
        Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), or 
        that the organization has engaged or engages in terrorism (as 
        defined in section 140(d)(2) of the Foreign Relations 
        Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 
        2656f(d)(2)).
    ``(b) Jurisdiction.--
            ``(1) In general.--There is jurisdiction over an offense 
        under subsection (a) if--
                    ``(A) an offender is a national of the United 
                States (as defined in 101(a)(22) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(22)), or an alien 
lawfully admitted for permanent residence in the United States (as 
defined in section 101(a)(20) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(20));
                    ``(B) an offender is a stateless person whose 
                habitual residence is in the United States;
                    ``(C) after the conduct required for the offense 
                occurs an offender is brought into or found in the 
                United States, even if the conduct required for the 
                offense occurs outside the United States;
                    ``(D) the offense occurs in whole or in part within 
                the United States;
                    ``(E) the offense occurs in or affects interstate 
                or foreign commerce; and
                    ``(F) an offender aids or abets any person over 
                whom jurisdiction exists under this paragraph in 
                committing an offense under subsection (a), or 
                conspires with any person over whom jurisdiction exists 
                under this paragraph to commit an offense under 
                subsection (a).
            ``(2) Extraterritorial jurisdiction.--There is 
        extraterritorial Federal jurisdiction over an offense under 
        this section.
    ``(c) Definitions.--In this section:
            ``(1) Military-type training.--The term `military-type 
        training' means training in means or methods that can cause 
        death or serious bodily injury, destroy or damage property, or 
        disrupt services to critical infrastructure, or training on the 
        use, storage, production, or assembly of any explosive, firearm 
        or other weapon, including any weapon of mass destruction (as 
        defined in section 2232a(c)(2)).
            ``(2) Serious bodily injury.--The term `serious bodily 
        injury' has the meaning given that term in section 1365(h)(3).
            ``(3) Critical infrastructure.--The term `critical 
        infrastructure' means systems and assets vital to national 
        defense, national security, economic security, public health, 
        or safety, including both regional and national infrastructure. 
        Critical infrastructure may be publicly or privately owned. 
        Examples of critical infrastructure include gas and oil 
        production, storage, or delivery systems, water supply systems, 
        telecommunications networks, electrical power generation or 
        delivery systems, financing and banking systems, emergency 
        services (including medical, police, fire, and rescue 
        services), and transportation systems and services (including 
        highways, mass transit, airlines, and airports).
            ``(4) Foreign terrorist organization.--The term `foreign 
        terrorist organization' means an organization designated as a 
        terrorist organization under section 219 (a)(1) of the 
        Immigration and Nationality Act (8 U.S.C. 1189(a)(1)).''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 113B of title 18, United States Code, is 
        amended by adding at the end the following:

``2339E. Receiving military-type training from a foreign terrorist 
                            organization.''.
    (b) Inadmissibility of Aliens Who Have Received Military-Type 
Training From Terrorist Organizations.--Section 212(a)(3)(B)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is 
amended--
            (1) by striking ``is inadmissable. An alien who is an 
        officer, official, representative, or spokesman of the 
        Palestine Liberation Organization is considered, for purposes 
        of this chapter, to be engaged in a terrorist activity.''; and
            (2) by inserting after subclause (VII) the following:
                                    ``(VIII) has received military-type 
                                training (as defined in section 
                                2339D(c)(1) of title 18, United States 
                                Code) from or on behalf of any 
                                organization that, at the time the 
                                training was received, was a terrorist 
                                organization under section 
                                212(a)(3)(B)(vi),
                        is inadmissable. An alien who is an officer, 
                        official, representative, or spokesman of the 
                        Palestine Liberation Organization is 
                        considered, for purposes of this chapter, to be 
                        engaged in a terrorist activity.''.
    (c) Inadmissability of Representatives and Members of Terrorist 
Organizations.--Section 212(a)(3)(B)(i) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended--
            (1) in subclause (IV), by striking item (aa) and inserting 
        the following:
                                            ``(aa) a terrorist 
                                        organization as defined under 
                                        section 212(a)(3)(B)(vi), or''; 
                                        and
            (2) by striking subclause (V) and inserting the following:
                                    ``(V) is a member of--
                                            ``(aa) a terrorist 
                                        organization as defined under 
                                        section 212(a)(3)(B)(vi); or
                                            ``(bb) an organization 
                                        which the alien knows or should 
                                        have known is a terrorist 
                                        organization,''.
    (d) Deportation of Aliens Who Have Received Military-Type Training 
From Terrorist Organizations.--Section 237(a)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the end 
the following:
                    ``(E) Recipient of military-type training.--Any 
                alien who has received military-type training (as 
                defined in section 2339D(c)(1) of title 18, United 
                States Code) from or on behalf of any organization 
                that, at the time the training was received, was a 
                terrorist organization under section 212(a)(3)(B)(vi), 
                is deportable.''.
    (e) Retroactive Application.--The amendments made by subsections 
(b), (c), and (d) of this section shall apply to the receipt of 
military training occuring before, on, or after the date of enactment 
of this Act.

SEC. 116. WEAPONS OF MASS DESTRUCTION.

    (a) Expansion of Jurisdictional Bases and Scope.--Section 2332a of 
title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (2) and inserting the 
                following:
            ``(2)(A) against any person or property within the United 
        States, and--
            ``(B)(i) the mail or any facility of interstate or foreign 
        commerce is used in furtherance of the offense;
            ``(ii) such property is used in interstate or foreign 
        commerce or in an activity that affects interstate or foreign 
        commerce;
            ``(iii) any perpetrator travels in or causes another to 
        travel in interstate or foreign commerce in furtherance of the 
        offense; or
            ``(iv) the offense, or the results of the offense, affect 
        interstate or foreign commerce, or, in the case of a threat, 
        attempt, or conspiracy, would have affected interstate or 
        foreign commerce;'';
                    (B) in paragraph (3), by striking the comma at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(4) against any property within the United States that is 
        owned, leased, or used by a foreign government,''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) the term `property' includes all real and personal 
        property.''.
    (b) Restoration of the Coverage of Chemical Weapons.--
            (1) In general.--Section 2332a of title 18, United States 
        Code, as amended by this Act, is further amended by--
                    (A) in the section heading, by striking 
                ``certain'';
                    (B) in subsection (a), by striking ``(other than a 
                chemical weapon as that term is defined in section 
                229F)''; and
                    (C) in subsection (b), by striking ``(other than a 
                chemical weapon (as that term is defined in section 
                229F))''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 113B of title 18, United States Code, is 
        amended in the matter relating to section 2332a by striking 
        ``certain''.
    (c) Expansion of Categories of Restricted Persons Subject to 
Prohibitions Relating to Select Agents.--Section 175b(d)(2) of title 
18, United States Code, is amended--
            (1) in subparagraph (G)--
                    (A) by inserting ``(i)'' after ``(G)'';
                    (B) by striking ``or'' after the semicolon; and
                    (C) by adding at the end the following:
                    ``(ii) acts for or on behalf of, or operates 
                subject to the direction or control of, a government or 
                official of a country described in this 
                subparagraph;''; and
            (2) in subparagraph (H), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(I) is a member of, acts for or on behalf of, or 
                operates subject to the direction or control of, a 
                terrorist organization (as that term is defined under 
                section 212(a)(3)B)(vi) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi))).''.
    (d) Conforming Amendment to Regulations.--
            (1) In general.--Section 175b(a)(1) of title 18, United 
        States Code, is amended by striking ``as a select agent in 
        Appendix A'' and all that follows through the period and 
        inserting ``as a non-overlap or overlap select biological agent 
        or toxin in sections 73.4 and 73.5 of title 42, Code of Federal 
        Regulations, pursuant to section 351A of the Public Health 
        Service Act, and is not excluded under sections 73.4 and 73.5 
        or exempted under section 73.6 of title 42, Code of Federal 
        Regulations.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date that sections 73.4, 73.5, and 
        73.6 of title 42, Code of Federal Regulations, become 
        effective.

SEC. 117. PARTICIPATION IN NUCLEAR AND WEAPONS OF MASS DESTRUCTION 
              THREATS TO THE UNITED STATES.

    (a) Atomic Energy Act.--Section 57(b) of the Atomic Energy Act of 
1954 (42 U.S.C. 2077(b)) is amended by striking ``in the production of 
any special nuclear material'' and inserting ``or participate in the 
development or production of any special nuclear material or atomic 
weapon''.
    (b) Nuclear Weapon and WMD Threats.--
            (1) In general.--Chapter 39 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 838. Participation in nuclear and weapons of mass destruction 
              threats to the United States
    ``(a) In General.--Whoever, within the United States, or subject to 
the jurisdiction of the United States, willfully participates in or 
provides material support or resources (as that term is defined under 
section 2339A) to a nuclear weapons program, or other weapons of mass 
destruction program of a foreign terrorist power, or attempts or 
conspires to do so, shall be imprisoned for not more than 20 years.
    ``(b) Jurisdiction.--There is extraterritorial Federal jurisdiction 
over an offense under this section.
    ``(c) Definitions.--As used in this section--
            ``(1) Foreign terrorist power.--The term `foreign terrorist 
        power' means a terrorist organization designated under section 
        219 of the Immigration and Nationality Act (8 U.S.C. 1189), or 
        a state sponsor of terrorism designated under section 6(j) of 
        the Export Administration Act of 1979 (50 U.S.C. App. 2405), or 
section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371).
            ``(2) Nuclear weapon.--The term `nuclear weapon' means any 
        weapon that contains or uses nuclear material (as that term is 
        defined under section 831(f)(1)).
            ``(3) Nuclear weapons program.--The term `nuclear weapons 
        program' means a program or plan for the development, 
        acquisition, or production of any nuclear weapon or weapons.
            ``(4) Weapons of mass destruction program.--The term 
        `weapons of mass destruction program' means a program or plan 
        for the development, acquisition, or production of any weapon 
        or weapons of mass destruction (as that term is defined in 
        section 2332a(c)).''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 39 of title 18, United States Code, is 
        amended by adding at the end the following:

        ``Sec. 838. Participation in nuclear and weapons of mass 
                            destruction threats to the United 
                            States.''.
    (c) Act of Terrorism Transcending National Boundaries.--Section 
2332b(g)(5)(B)(i) of title 18, United States Code, is amended by 
inserting ``832 (relating to participation in nuclear and weapons of 
mass destruction threats to the United States)'' after ``nuclear 
materials),''.

    TITLE II--PREVENTION OF TERRORIST ACCESS TO SPECIAL WEAPONS ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Prevention of Terrorist Access to 
Special Weapons Act of 2004''.

SEC. 202. MISSILE SYSTEMS DESIGNED TO DESTROY AIRCRAFT.

    Chapter 113B of title 18, United States Code, is amended by adding 
after section 2332g, as added by this Act, the following:
``Sec. 2332h. Missile systems designed to destroy aircraft
    ``(a) Unlawful Conduct.--
            ``(1) In general.--Except as provided in paragraph (3), it 
        shall be unlawful for any person to knowingly produce, 
        construct, otherwise acquire, transfer directly or indirectly, 
        receive, possess, import, export, or use, or possess and 
        threaten to use--
                    ``(A) an explosive or incendiary rocket or missile 
                that is guided by any system designed to enable the 
                rocket or missile to--
                            ``(i) seek or proceed toward energy 
                        radiated or reflected from an aircraft or 
                        toward an image locating an aircraft; or
                            ``(ii) otherwise direct or guide the rocket 
                        or missile to an aircraft;
                    ``(B) any device designed or intended to launch or 
                guide a rocket or missile described in subparagraph 
                (A); or
                    ``(C) any part or combination of parts designed or 
                redesigned for use in assembling or fabricating a 
                rocket, missile, or device described in subparagraph 
                (A) or (B).
            ``(2) Nonweapon.--Paragraph (1)(A) does not apply to any 
        device that is neither designed nor redesigned for use as a 
        weapon.
            ``(3) Excluded conduct.--This subsection does not apply 
        with respect to--
                    ``(A) conduct by or under the authority of the 
                United States or any department or agency thereof or of 
                a State or any department or agency thereof; or
                    ``(B) conduct pursuant to the terms of a contract 
                with the United States or any department or agency 
                thereof or with a State or any department or agency 
                thereof.
    ``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within 
the jurisdiction of the United States if--
            ``(1) the offense occurs in or affects interstate or 
        foreign commerce;
            ``(2) the offense occurs outside of the United States and 
        is committed by a national of the United States;
            ``(3) the offense is committed against a national of the 
        United States while the national is outside the United States;
            ``(4) the offense is committed against any property that is 
        owned, leased, or used by the United States or by any 
        department or agency of the United States, whether the property 
        is within or outside the United States; or
            ``(5) an offender aids or abets any person over whom 
        jurisdiction exists under this subsection in committing an 
        offense under this section or conspires with any person over 
        whom jurisdiction exists under this subsection to commit an 
        offense under this section.
    ``(c) Criminal Penalties.--
            ``(1) In general.--Any person who violates, or attempts or 
        conspires to violate, subsection (a) shall be fined not more 
        than $2,000,000 and shall be sentenced to a term of 
        imprisonment not less than 30 years or to imprisonment for 
        life.
            ``(2) Life imprisonment.--Any person who, in the course of 
        a violation of subsection (a), uses, attempts or conspires to 
        use, or possesses and threatens to use, any item or items 
        described in subsection (a), shall be fined not more than 
        $2,000,000 and imprisoned for life.
            ``(3) Death penalty.--If the death of another results from 
        a person's violation of subsection (a), the person shall be 
        fined not more than $2,000,000 and punished by death or 
        imprisoned for life.
    ``(d) Definition.--As used in this section, the term `aircraft' has 
the definition set forth in section 40102(a)(6) of title 49, United 
States Code.''.

SEC. 203. ATOMIC WEAPONS.

    (a) Prohibitions.--Section 92 of the Atomic Energy Act of 1954 (42 
U.S.C. 2122) is amended by--
            (1) inserting at the beginning ``a.'' before ``It'';
            (2) inserting ``knowingly'' after ``for any person to'';
            (3) striking ``or'' before ``export'';
            (4) striking ``transfer or receive in interstate or foreign 
        commerce,'' before ``manufacture'';
            (5) inserting ``receive,'' after ``acquire,'';
            (6) inserting ``, or use, or possess and threaten to use,'' 
        before ``any atomic weapon'';
            (7) inserting at the end the following:
    ``b. Conduct prohibited by subsection a. is within the jurisdiction 
of the United States if--
            ``(1) the offense occurs in or affects interstate or 
        foreign commerce; the offense occurs outside of the United 
        States and is committed by a national of the United States;
            ``(2) the offense is committed against a national of the 
        United States while the national is outside the United States;
            ``(3) the offense is committed against any property that is 
        owned, leased, or used by the United States or by any 
        department or agency of the United States, whether the property 
        is within or outside the United States; or
            ``(4) an offender aids or abets any person over whom 
        jurisdiction exists under this subsection in committing an 
        offense under this section or conspires with any person over 
        whom jurisdiction exists under this subsection to commit an 
        offense under this section.''.
    (b) Violations.--Section 222 of the Atomic Energy Act of 1954 (42 
U.S.C. 2272) is amended by--
            (1) inserting at the beginning ``a.'' before ``Whoever'';
            (2) striking ``, 92,''; and
            (3) inserting at the end the following:
    ``b. Any person who violates, or attempts or conspires to violate, 
section 92 shall be fined not more than $2,000,000 and sentenced to a 
term of imprisonment not less than 30 years or to imprisonment for 
life. Any person who, in the course of a violation of section 92, uses, 
attempts or conspires to use, or possesses and threatens to use, any 
atomic weapon shall be fined not more than $2,000,000 and imprisoned 
for life. If the death of another results from a person's violation of 
section 92, the person shall be fined not more than $2,000,000 and 
punished by death or imprisoned for life.''.

SEC. 204. RADIOLOGICAL DISPERSAL DEVICES.

    Chapter 113B of title 18, United States Code, is amended by adding 
after section 2332h, as added by this Act, the following:
``Sec. 2332i. Radiological dispersal devices
    ``(a) Unlawful Conduct.--
            ``(1) In general.--Except as provided in paragraph (2), it 
        shall be unlawful for any person to knowingly produce, 
        construct, otherwise acquire, transfer directly or indirectly, 
        receive, possess, import, export, or use, or possess and 
        threaten to use--
                    ``(A) any weapon that is designed or intended to 
                release radiation or radioactivity at a level dangerous 
                to human life; or
                    ``(B) any device or other object that is capable of 
                and designed or intended to endanger human life through 
                the release of radiation or radioactivity.
            ``(2) Exception.--This subsection does not apply with 
        respect to--
                    ``(A) conduct by or under the authority of the 
                United States or any department or agency thereof; or
                    ``(B) conduct pursuant to the terms of a contract 
                with the United States or any department or agency 
                thereof.
    ``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within 
the jurisdiction of the United States if--
            ``(1) the offense occurs in or affects interstate or 
        foreign commerce;
            ``(2) the offense occurs outside of the United States and 
        is committed by a national of the United States;
            ``(3) the offense is committed against a national of the 
        United States while the national is outside the United States;
            ``(4) the offense is committed against any property that is 
        owned, leased, or used by the United States or by any 
        department or agency of the United States, whether the property 
        is within or outside the United States; or
            ``(5) an offender aids or abets any person over whom 
        jurisdiction exists under this subsection in committing an 
        offense under this section or conspires with any person over 
        whom jurisdiction exists under this subsection to commit an 
        offense under this section.
    ``(c) Criminal Penalties.--
            ``(1) In general.--Any person who violates, or attempts or 
        conspires to violate, subsection (a) shall be fined not more 
        than $2,000,000 and shall be sentenced to a term of 
        imprisonment not less than 30 years or to imprisonment for 
        life.
            ``(2) Life imprisonment.--Any person who, in the course of 
        a violation of subsection (a), uses, attempts or conspires to 
        use, or possesses and threatens to use, any item or items 
        described in subsection (a), shall be fined not more than 
        $2,000,000 and imprisoned for life.
            ``(3) Death penalty.--If the death of another results from 
        a person's violation of subsection (a), the person shall be 
        fined not more than $2,000,000 and punished by death or 
        imprisoned for life.''.

SEC. 205. VARIOLA VIRUS.

    Chapter 10 of title 18, United States Code, is amended by inserting 
after section 175b the following:
``Sec. 175c. Variola virus
    ``(a) Unlawful Conduct.--
            ``(1) In general.--Except as provided in paragraph (2), it 
        shall be unlawful for any person to knowingly produce, 
        engineer, synthesize, acquire, transfer directly or indirectly, 
        receive, possess, import, export, or use, or possess and 
        threaten to use, variola virus.
            ``(2) Exception.--This subsection does not apply to conduct 
        by, or under the authority of, the Secretary of Health and 
        Human Services.
    ``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within 
the jurisdiction of the United States if--
            ``(1) the offense occurs in or affects interstate or 
        foreign commerce;
            ``(2) the offense occurs outside of the United States and 
        is committed by a national of the United States;
            ``(3) the offense is committed against a national of the 
        United States while the national is outside the United States;
            ``(4) the offense is committed against any property that is 
        owned, leased, or used by the United States or by any 
        department or agency of the United States, whether the property 
        is within or outside the United States; or
            ``(5) an offender aids or abets any person over whom 
        jurisdiction exists under this subsection in committing an 
        offense under this section or conspires with any person over 
        whom jurisdiction exists under this subsection to commit an 
        offense under this section.
    ``(c) Criminal Penalties.--
            ``(1) In general.--Any person who violates, or attempts or 
        conspires to violate, subsection (a) shall be fined not more 
        than $2,000,000 and shall be sentenced to a term of 
        imprisonment not less than 30 years or to imprisonment for 
        life.
            ``(2) Life imprisonment.--Any person who, in the course of 
        a violation of subsection (a), uses, attempts or conspires to 
        use, or possesses and threatens to use, any item or items 
        described in subsection (a), shall be fined not more than 
        $2,000,000 and imprisoned for life.
            ``(3) Death penalty.--If the death of another results from 
        a person's violation of subsection (a), the person shall be 
        fined not more than $2,000,000 and punished by death or 
        imprisoned for life.
    ``(d) Definition.--As used in this section, the term `variola 
virus' means a virus that can cause human smallpox or any derivative of 
the variola major virus that contains more than 85 percent of the gene 
sequence of the variola major virus or the variola minor virus.''.

SEC. 206. INTERCEPTION OF COMMUNICATIONS.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) in paragraph (a), by inserting ``2122 and'' after 
        ``sections'';
            (2) in paragraph (c), by inserting ``section 175c (relating 
        to variola virus),'' after ``section 175 (relating to 
        biological weapons),''; and
            (3) in paragraph (q), by inserting ``2332g, 2332h,'' after 
        ``2332f,''.

SEC. 207. AMENDMENTS TO SECTION 2332B(G)(5)(B) OF TITLE 18, UNITED 
              STATES CODE.

    Section 2332b(g)(5)(B) of title 18, United States Code, is 
amended--
            (1) in clause (i)--
                    (A) by inserting before ``2339 (relating to 
                harboring terrorists)'' the following: ``2332h 
                (relating to missile systems designed to destroy 
                aircraft), 2332i (relating to radiological dispersal 
                devices),''; and
                    (B) by inserting ``175c (relating to variola 
                virus),'' after ``175 or 175b (relating to biological 
                weapons),''; and
            (2) in clause (ii)--
                    (A) by striking ``section'' and inserting 
                ``sections 92 (relating to prohibitions governing 
                atomic weapons) or''; and
                    (B) by inserting ``2122 or'' before ``2284''.

SEC. 208. AMENDMENTS TO SECTION 1956(C)(7)(D) OF TITLE 18, UNITED 
              STATES CODE.

    Section 1956(c)(7)(D), title 18, United States Code, is amended--
            (1) by inserting after ``section 152 (relating to 
        concealment of assets; false oaths and claims; bribery),'' the 
        following: ``section 175c (relating to the variola virus),'';
            (2) by inserting after ``section 2332(b) (relating to 
        international terrorist acts transcending national 
        boundaries),'' the following: ``section 2332h (relating to 
        missile systems designed to destroy aircraft), section 2332i 
        (relating to radiological dispersal devices),''; and
            (3) striking ``or'' after ``any felony violation of the 
        Foreign Agents Registration Act of 1938,'' and after ``any 
        felony violation of the Foreign Corrupt Practices Act'', 
        striking ``;'' and inserting ``, or section 92 of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2122) (relating to prohibitions 
        governing atomic weapons)''.

SEC. 209. EXPORT LICENSING PROCESS.

    Section 38(g)(1)(A) of the Arms Export Control Act (22 U.S.C. 2778) 
is amended--
            (1) by striking ``or'' before ``(xi)''; and
            (2) by inserting after clause (xi) the following: ``or 
        (xii) section 3, 4, 5, and 6 of the Prevention of Terrorist 
        Access to Destructive Weapons Act of 2004, relating to missile 
        systems designed to destroy aircraft (18 U.S.C. 2332g), 
        prohibitions governing atomic weapons (42 U.S.C. 2122), 
        radiological dispersal devices (18 U.S.C. 2332h), and variola 
        virus (18 U.S.C. 175b);''.

SEC. 210. CLERICAL AMENDMENTS.

    (a) Chapter 113B.--The table of sections for chapter 113B of title 
18, United States Code, is amended by inserting the following after the 
item for section 2332g, as added by this Act:

        ``Sec. 2332h. Missile systems designed to destroy aircraft.
        ``Sec. 2332i. Radiological dispersal devices.''.
    (b) Chapter 10.--The table of sections for chapter 10 of title 18, 
United States Code, is amended by inserting the following item after 
the item for section 175b:

        ``Sec. 175c. Variola virus.''.

  TITLE III--RAILROAD CARRIERS AND MASS TRANSPORTATION PROTECTION ACT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Railroad Carriers and Mass 
Transportation Protection Act of 2004''.

SEC. 302. ATTACKS AGAINST RAILROAD CARRIERS AND MASS TRANSPORTATION 
              SYSTEMS.

    (a) In General.--Chapter 97 of title 18, United States Code, is 
amended by striking sections 1992 through 1993 and inserting the 
following:
``Sec. 1992. Terrorist attacks and other violence against railroad 
              carriers and against mass transportation systems on land, 
              on water, or through the air
    ``(a) General Prohibitions.--Whoever, in a circumstance described 
in subsection (c), knowingly--
            ``(1) wrecks, derails, sets fire to, or disables railroad 
        on-track equipment or a mass transportation vehicle;
            ``(2) with intent to endanger the safety of any passenger 
        or employee of a railroad carrier or mass transportation 
        provider, or with a reckless disregard for the safety of human 
        life, and without previously obtaining the permission of the 
        railroad carrier--
                    ``(A) places any biological agent or toxin, 
                destructive substance, or destructive device in, upon, 
                or near railroad on-track equipment or a mass 
                transportation vehicle; or
                    ``(B) releases a hazardous material or a biological 
                agent or toxin on or near the property of a railroad 
                carrier or mass transportation provider;
            ``(3) sets fire to, undermines, makes unworkable, unusable, 
        or hazardous to work on or use, or places any biological agent 
        or toxin, destructive substance, or destructive device in, 
        upon, or near any--
                    ``(A) tunnel, bridge, viaduct, trestle, track, 
                electromagnetic guideway, signal, station, depot, 
                warehouse, terminal, or any other way, structure, 
                property, or appurtenance used in the operation of, or 
                in support of the operation of, a railroad carrier, 
                without previously obtaining the permission of the 
                railroad carrier, and with intent to, or knowing or 
                having reason to know such activity would likely, 
                derail, disable, or wreck railroad on-track equipment; 
                or
                    ``(B) garage, terminal, structure, track, 
                electromagnetic guideway, supply, or facility used in 
                the operation of, or in support of the operation of, a 
                mass transportation vehicle, without previously 
                obtaining the permission of the mass transportation 
                provider, and with intent to, or knowing or having 
                reason to know such activity would likely, derail, 
                disable, or wreck a mass transportation vehicle used, 
                operated, or employed by a mass transportation 
                provider;
            ``(4) removes an appurtenance from, damages, or otherwise 
        impairs the operation of a railroad signal system or mass 
        transportation signal or dispatching system, including a train 
        control system, centralized dispatching system, or highway-
        railroad grade crossing warning signal, without authorization 
        from the rail carrier or mass transportation provider;
            ``(5) with intent to endanger the safety of any passenger 
        or employee of a railroad carrier or mass transportation 
        provider or with a reckless disregard for the safety of human 
        life, interferes with, disables, or incapacitates any 
        dispatcher, driver, captain, locomotive engineer, railroad 
        conductor, or other person while the person is employed in 
        dispatching, operating, or maintaining railroad on-track 
        equipment or a mass transportation vehicle;
            ``(6) engages in conduct, including the use of a dangerous 
        weapon, with the intent to cause death or serious bodily injury 
        to any person who is on the property of a railroad carrier or 
        mass transportation provider that is used for railroad or mass 
        transportation purposes;
            ``(7) conveys false information, knowing the information to 
        be false, concerning an attempt or alleged attempt that was 
        made, is being made, or is to be made, to engage in a violation 
        of this subsection; or
            ``(8) attempts, threatens, or conspires to engage in any 
        violation of any of paragraphs (1) through (8);
shall be fined under this title or imprisoned not more than 20 years, 
or both.
    ``(b) Aggravated Offense.--Whoever commits an offense under 
subsection (a) of this section in a circumstance in which--
            ``(1) the railroad on-track equipment or mass 
        transportation vehicle was carrying a passenger or employee at 
        the time of the offense;
            ``(2) the railroad on-track equipment or mass 
        transportation vehicle was carrying high-level radioactive 
        waste or spent nuclear fuel at the time of the offense;
            ``(3) the railroad on-track equipment or mass 
        transportation vehicle was carrying a hazardous material at the 
        time of the offense that--
                    ``(A) was required to be placarded under subpart F 
                of part 172 of title 49, Code of Federal Regulations; 
                and
                    ``(B) is identified as class number 3, 4, 5, 6.1, 
                or 8 and packing group I or packing group II, or class 
                number 1, 2, or 7 under the hazardous materials table 
                of section 172.101 of title 49, Code of Federal 
                Regulations; or
            ``(4) the offense results in the death of any person;
shall be fined under this title or imprisoned for any term of years or 
life, or both. In the case of a violation described in paragraph (2), 
the term of imprisonment shall be not less than 30 years; and, in the 
case of a violation described in paragraph (4), the offender shall be 
fined under this title and imprisoned for life and be subject to the 
death penalty.
    ``(c) Circumstances Required for Offense.--A circumstance referred 
to in subsection (a) is any of the following:
            ``(1) Any of the conduct required for the offense is, or, 
        in the case of an attempt, threat, or conspiracy to engage in 
        conduct, the conduct required for the completed offense would 
        be, engaged in, on, against, or affecting a mass transportation 
        provider or railroad carrier engaged in or affecting interstate 
        or foreign commerce.
            ``(2) Any person travels or communicates across a State 
        line in order to commit the offense, or transports materials 
        across a State line in aid of the commission of the offense.
    ``(d) Nonapplicability.--Subsection (a) does not apply to the 
conduct with respect to a destructive substance or destructive device 
that is also classified under chapter 51 of title 49 as a hazardous 
material in commerce if the conduct--
            ``(1) complies with chapter 51 of title 49 and regulations, 
        exemptions, approvals, and orders issued under that chapter, or
            ``(2) constitutes a violation, other than a criminal 
        violation, of chapter 51 of title 49 or a regulation or order 
        issued under that chapter.
    ``(e) Definitions.--In this section--
            ``(1) the term `biological agent' has the meaning given to 
        that term in section 178(1);
            ``(2) the term `dangerous weapon' means a weapon, device, 
        instrument, material, or substance, animate or inanimate, that 
        is used for, or is readily capable of, causing death or serious 
        bodily injury, including a pocket knife with a blade of less 
        than 2\1/2\ inches in length and a box cutter;
            ``(3) the term `destructive device' has the meaning given 
        to that term in section 921(a)(4);
            ``(4) the term `destructive substance' means an explosive 
        substance, flammable material, infernal machine, or other 
        chemical, mechanical, or radioactive device or material, or 
        matter of a combustible, contaminative, corrosive, or explosive 
        nature, except that the term `radioactive device' does not 
        include any radioactive device or material used solely for 
        medical, industrial, research, or other peaceful purposes;
            ``(5) the term `hazardous material' has the meaning given 
        to that term in chapter 51 of title 49;
            ``(6) the term `high-level radioactive waste' has the 
        meaning given to that term in section 2(12) of the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10101(12));
            ``(7) the term `mass transportation' has the meaning given 
        to that term in section 5302(a)(7) of title 49, except that the 
        term includes school bus, charter, and sightseeing 
        transportation;
            ``(8) the term `on-track equipment' means a carriage or 
        other contrivance that runs on rails or electromagnetic 
        guideways;
            ``(9) the term `railroad on-track equipment' means a train, 
        locomotive, tender, motor unit, freight or passenger car, or 
        other on-track equipment used, operated, or employed by a 
        railroad carrier;
            ``(10) the term `railroad' has the meaning given to that 
        term in chapter 201 of title 49;
            ``(11) the term `railroad carrier' has the meaning given to 
        that term in chapter 201 of title 49;
            ``(12) the term `serious bodily injury' has the meaning 
        given to that term in section 1365;
            ``(13) the term `spent nuclear fuel' has the meaning given 
        to that term in section 2(23) of the Nuclear Waste Policy Act 
        of 1982 (42 U.S.C. 10101(23));
            ``(14) the term `State' has the meaning given to that term 
        in section 2266;
            ``(15) the term `toxin' has the meaning given to that term 
        in section 178(2); and
            ``(16) the term `vehicle' means any carriage or other 
        contrivance used, or capable of being used, as a means of 
        transportation on land, on water, or through the air.''.
    (b) Conforming Amendments.--
            (1) The table of sections at the beginning of chapter 97 of 
        title 18, United States Code, is amended--
                    (A) by striking ``RAILROADS'' in the chapter 
                heading and inserting ``RAILROAD CARRIERS AND MASS 
                TRANSPORTATION SYSTEMS ON LAND, ON WATER, OR THROUGH 
                THE AIR'';
                    (B) by striking the items relating to sections 1992 
                and 1993; and
                    (C) by inserting after the item relating to section 
                1991 the following:

``1992. Terrorist attacks and other violence against railroad carriers 
                            and against mass transportation systems on 
                            land, on water, or through the air.''.
            (2) The table of chapters at the beginning of part I of 
        title 18, United States Code, is amended by striking the item 
        relating to chapter 97 and inserting the following:

``97. Railroad carriers and mass transportation systems on      1991''.
                            land, on water, or through the 
                            air.
            (3) Title 18, United States Code, is amended--
                    (A) in section 2332b(g)(5)(B)(i), by striking 
                ``1992 (relating to wrecking trains), 1993 (relating to 
                terrorist attacks and other acts of violence against 
                mass transportation systems),'' and inserting ``1992 
                (relating to terrorist attacks and other acts of 
                violence against railroad carriers and against mass 
                transportation systems on land, on water, or through 
                the air),'';
                    (B) in section 2339A, by striking ``1993,''; and
                    (C) in section 2516(1)(c) by striking ``1992 
                (relating to wrecking trains),'' and inserting ``1992 
                (relating to terrorist attacks and other acts of 
                violence against railroad carriers and against mass 
                transportation systems on land, on water, or through 
                the air),''.

    TITLE IV--REDUCING CRIME AND TERRORISM AT AMERICA'S SEAPORTS ACT

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Reducing Crime and Terrorism at 
America's Seaports Act of 2004''.

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

    (a) In General.--Section 1036 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``or'' at the 
                end;
                    (B) by redesignating paragraph (3) as paragraph 
                (4); and
                    (C) by inserting after paragraph (2) the following:
            ``(3) any secure or restricted area (as that term is 
        defined under section 2285(c)) of any seaport; or'';
            (2) in subsection (b)(1), by striking ``5'' and inserting 
        ``10'';
            (3) in subsection (c)(1), by inserting ``, captain of the 
        seaport,'' after ``airport authority''; and
            (4) in the section heading, by inserting ``or seaport'' 
        after ``airport''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 47 of title 18 is amended by striking the matter relating to 
section 1036 and inserting the following:

``1036. Entry by false pretenses to any real property, vessel, or 
                            aircraft of the United States or secure 
                            area of any airport or seaport.''.
    (c) Definition of Seaport.--Chapter 1 of title 18, United States 
Code, is amended by adding at the end the following:
``Sec. 25. Definition of seaport.
    ``As used in this title, the term `seaport' means all piers, 
wharves, docks, and similar structures to which a vessel may be 
secured, areas of land, water, or land and water under and in immediate 
proximity to such structures, and buildings on or contiguous to such 
structures, and the equipment and materials on such structures or in 
such buildings.''.
    (d) Technical and Conforming Amendment.--The table of sections for 
chapter 1 of title 18 is amended by inserting after the matter relating 
to section 24 the following:

``25. Definition of seaport.''.

SEC. 403. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO, OBSTRUCTION OF 
              BOARDING, OR PROVIDING FALSE INFORMATION.

    (a) Offense.--Chapter 109 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2237. Criminal sanctions for failure to heave to, obstruction of 
              boarding, or providing false information
    ``(a)(1) It shall be unlawful for the master, operator, or person 
in charge of a vessel of the United States, or a vessel subject to the 
jurisdiction of the United States, to knowingly fail to obey an order 
by an authorized Federal law enforcement officer to heave to that 
vessel.
    ``(2) It shall be unlawful for any person on board a vessel of the 
United States, or a vessel subject to the jurisdiction of the United 
States, to--
            ``(A) forcibly resist, oppose, prevent, impede, intimidate, 
        or interfere with a boarding or other law enforcement action 
        authorized by any Federal law, or to resist a lawful arrest; or
            ``(B) provide information to a Federal law enforcement 
        officer during a boarding of a vessel regarding the vessel's 
        destination, origin, ownership, registration, nationality, 
        cargo, or crew, which that person knows is false.
    ``(b) This section does not limit the authority of a customs 
officer under section 581 of the Tariff Act of 1930 (19 U.S.C. 1581), 
or any other provision of law enforced or administered by the Secretary 
of the Treasury or the Undersecretary for Border and Transportation 
Security of the Department of Homeland Security, or the authority of 
any Federal law enforcement officer under any law of the United States, 
to order a vessel to stop or heave to.
    ``(c) A foreign nation may consent or waive objection to the 
enforcement of United States law by the United States under this 
section by radio, telephone, or similar oral or electronic means. 
Consent or waiver may be proven by certification of the Secretary of 
State or the designee of the Secretary of State.
    ``(d) In this section--
            ``(1) the term `Federal law enforcement officer' has the 
        meaning given the term in section 115(c);
            ``(2) the term `heave to' means to cause a vessel to slow, 
        come to a stop, or adjust its course or speed to account for 
        the weather conditions and sea state to facilitate a law 
        enforcement boarding;
            ``(3) the term `vessel subject to the jurisdiction of the 
        United States' has the meaning given the term in section 2(c) 
        of the Maritime Drug Law Enforcement Act (46 App. U.S.C. 
        1903(b)); and
            ``(4) the term `vessel of the United States' has the 
        meaning given the term in section 2(c) of the Maritime Drug Law 
        Enforcement Act (46 App. U.S.C. 1903(b)).
    ``(e) Any person who intentionally violates the provisions of this 
section shall be fined under this title, imprisoned for not more than 5 
years, or both.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 109, title 18, United States Code, is amended by inserting 
after the item for section 2236 the following:

``2237. Criminal sanctions for failure to heave to, obstruction of 
                            boarding, or providing false 
                            information.''.

SEC. 404. USE OF A DANGEROUS WEAPON OR EXPLOSIVE ON A PASSENGER VESSEL.

    Section 1993 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``, passenger 
                vessel,'' after ``transportation vehicle'';
                    (B) in paragraphs (2)--
                            (i) by inserting ``, passenger vessel,'' 
                        after ``transportation vehicle''; and
                            (ii) by inserting ``or owner of the 
                        passenger vessel'' after ``transportation 
                        provider'' each place that term appears;
                    (C) in paragraph (3)--
                            (i) by inserting ``, passenger vessel,'' 
                        after ``transportation vehicle'' each place 
                        that term appears; and
                            (ii) by inserting ``or owner of the 
                        passenger vessel'' after ``transportation 
                        provider'' each place that term appears;
                    (D) in paragraph (5)--
                            (i) by inserting ``, passenger vessel,'' 
                        after ``transportation vehicle''; and
                            (ii) by inserting ``or owner of the 
                        passenger vessel'' after ``transportation 
                        provider''; and
                    (E) in paragraph (6), by inserting ``or owner of a 
                passenger vessel'' after ``transportation provider'' 
                each place that term appears;
            (2) in subsection (b)(1), by inserting ``, passenger 
        vessel,'' after ``transportation vehicle''; and
            (3) in subsection (c)--
                    (A) by redesignating paragraph (6) through (8) as 
                paragraphs (7) through (9); and
                    (B) by inserting after paragraph (5) the following:
            ``(6) the term `passenger vessel' has the meaning given 
        that term in section 2101(22) of title 46, United States Code, 
        and includes a small passenger vessel, as that term is defined 
        under section 2101(35) of that title.''.

SEC. 405. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME NAVIGATION, 
              PLACEMENT OF DESTRUCTIVE DEVICES, AND MALICIOUS DUMPING.

    (a) Violence Against Maritime Navigation.--Section 2280(a) of title 
18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (H), by striking ``(G)'' and 
                inserting ``(H)'';
                    (B) by redesignating subparagraphs (F), (G), and 
                (H) as subparagraphs (G), (H), and (I), respectively; 
                and
                    (C) by inserting after subparagraph (E) the 
                following:
                    ``(F) destroys, seriously damages, alters, moves, 
                or tampers with any aid to maritime navigation 
                maintained by the Saint Lawrence Seaway Development 
                Corporation under the authority of section 4 of the Act 
                of May 13, 1954 (33 U.S.C. 984), by the Coast Guard 
                pursuant to section 81 of title 14, United States Code, 
                or lawfully maintained under authority granted by the 
                Coast Guard pursuant to section 83 of title 14, United 
                States Code, if such act endangers or is likely to 
                endanger the safe navigation of a ship;''; and
            (2) in paragraph (2) by striking ``(C) or (E)'' and 
        inserting ``(C), (E), or (F)''.
    (b) Placement of Destructive Devices.--
            (1) In general.--Chapter 111 of title 18, United States 
        Code, is amended by adding after section 2280 the following:
``Sec. 2280A. Devices or substances in waters of the United States 
              likely to destroy or damage ships or to interfere with 
              maritime commerce
    ``(a) A person who knowingly places, or causes to be placed, in 
navigable waters of the United States, by any means, a device or 
substance which is likely to destroy or cause damage to a vessel or its 
cargo, or cause interference with the safe navigation of vessels, or 
interference with maritime commerce, such as by damaging or destroying 
marine terminals, facilities, and any other marine structure or entity 
used in maritime commerce, with the intent of causing such destruction 
or damage, or interference with the safe navigation of vessels or with 
maritime commerce, shall be fined under this title, imprisoned for any 
term of years or for life, or both; and if the death of any person 
results from conduct prohibited under this subsection, may be punished 
by death.
    ``(b) Nothing in this section shall be construed to apply to 
otherwise lawfully authorized and conducted activities of the United 
States Government.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 111 of title 18, United States Code, is 
        amended by adding after the item related to section 2280 the 
        following:

``2280A. Devices or substances in waters of the United States likely to 
                            destroy or damage ships or to interfere 
                            with maritime commerce.''.
    (c) Malicious Dumping.--
            (1) In general.--Chapter 111 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 2282. Knowing discharge or release
    ``(a) Endangerment of Human Life.--Any person who knowingly 
discharges or releases oil, a hazardous material, a noxious liquid 
substance, or any other dangerous substance into the navigable waters 
of the United States or the adjoining shoreline with the intent to 
endanger human life, health, or welfare shall be fined under this title 
and imprisoned for any term of years or for life.
    ``(b) Endangerment of Marine Environment.--Any person who knowingly 
discharges or releases oil, a hazardous material, a noxious liquid 
substance, or any other dangerous substance into the navigable waters 
of the United States or the adjacent shoreline with the intent to 
endanger the marine environment shall be fined under this title, 
imprisoned not more than 30 years, or both.
    ``(c) Definitions.--In this section:
            ``(1) Discharge.--The term `discharge' means any spilling, 
        leaking, pumping, pouring, emitting, emptying, or dumping.
            ``(2) Hazardous material.--The term `hazardous material' 
        has the meaning given the term in section 2101(14) of title 46, 
        United States Code.
            ``(3) Marine environment.--The term `marine environment' 
        has the meaning given the term in section 2101(15) of title 46, 
        United States Code.
            ``(4) Navigable waters.--The term `navigable waters' has 
        the meaning given the term in section 1362(7) of title 33, and 
        also includes the territorial sea of the United States as 
        described in Presidential Proclamation 5928 of December 27, 
        1988.
            ``(5) Noxious liquid substance.--The term `noxious liquid 
        substance' has the meaning given the term in the MARPOL 
        Protocol defined in section 2(1) of the Act to Prevent 
        Pollution from Ships (33 U.S.C. 1901(a)(3)).''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 111 of title 18, United States Code, is 
        amended by adding at the end the following:

``2282. Knowing discharge or release.''.

SEC. 406. TRANSPORTATION OF DANGEROUS MATERIALS AND TERRORISTS.

    (a) Transportation of Dangerous Materials and Terrorists.--Chapter 
111 of title 18, as amended by section 5 of this Act, is amended by 
adding at the end the following:
``Sec. 2283. Transportation of explosive, biological, chemical, or 
              radioactive or nuclear materials
    ``(a) In General.--Any person who knowingly and willfully 
transports aboard any vessel within the United States, on the high 
seas, or having United States nationality, an explosive or incendiary 
device, biological agent, chemical weapon, or radioactive or nuclear 
material, knowing that any such item is intended to be used to commit 
an offense listed under section 2332b(g)(5)(B), shall be fined under 
this title, imprisoned for any term of years or for life, or both; and 
if the death of any person results from conduct prohibited by this 
subsection, may be punished by death.
    ``(b) Definitions.--In this section:
            ``(1) Biological agent.--The term `biological agent' means 
        any biological agent, toxin, or vector (as those terms are 
        defined in section 178).
            ``(2) By-product material.--The term `by-product material' 
        has the meaning given that term in section 11(e) of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2014(e)).
            ``(3) Chemical weapon.--The term `chemical weapon' has the 
        meaning given that term in section 229F.
            ``(4) Explosive or incendiary device.--The term `explosive 
        or incendiary device' has the meaning given the term in section 
        232(5).
            ``(5) Nuclear material.--The term `nuclear material' has 
        the meaning given that term in section 831(f)(1).
            ``(6) Radioactive material.--The term `radioactive 
        material' means--
                    ``(A) source material and special nuclear material, 
                but does not include natural or depleted uranium;
                    ``(B) nuclear by-product material;
                    ``(C) material made radioactive by bombardment in 
                an accelerator; or
                    ``(D) all refined isotopes of radium.
            ``(7) Source material.--The term `source material' has the 
        meaning given that term in section 11(z) of the Atomic Energy 
        Act of 1954 (42 U.S.C. 2014(z)).
            ``(8) Special nuclear material.--The term `special nuclear 
        material' has the meaning given that term in section 11(aa) of 
        the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).
``Sec. 2284. Transportation of terrorists
    ``(a) In General.--Any person who knowingly and willfully 
transports any terrorist aboard any vessel within the United States, on 
the high seas, or having United States nationality, knowing that the 
transported person is a terrorist, shall be fined under this title, 
imprisoned for any term of years or for life, or both.
    ``(b) Defined Term.--In this section, the term `terrorist' means 
any person who intends to commit, or is avoiding apprehension after 
having committed, an offense listed under section 2332b(g)(5)(B).''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 111 of title 18, United States Code, as amended by this Act, is 
amended by adding at the end the following:

``2283. Transportation of explosive, chemical, biological, or 
                            radioactive or nuclear materials.
``2284. Transportation of terrorists.''.

SEC. 407. DESTRUCTION OR INTERFERENCE WITH VESSELS OR MARITIME 
              FACILITIES.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 111 the following:

   ``CHAPTER 111A--DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR 
                          MARITIME FACILITIES

``Sec.
``2290. Jurisdiction and scope.
``2291. Destruction of vessel or maritime facility.
``2292. Imparting or conveying false information.
``2293. Bar to prosecution.
``Sec. 2290. Jurisdiction and scope
    ``(a) Jurisdiction.--There is jurisdiction over an offense under 
this chapter if the prohibited activity takes place--
            ``(1) within the United States or within waters subject to 
        the jurisdiction of the United States; or
            ``(2) outside United States and--
                    ``(A) an offender or a victim is a national of the 
                United States (as that term is defined under section 
                101(a)(22) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(22));
                    ``(B) the activity involves a vessel in which a 
                national of the United States was on board; or
                    ``(C) the activity involves a vessel of the United 
                States (as that term is defined under section 2(c) of 
                the Maritime Drug Law Enforcement Act (42 App. U.S.C. 
                1903(c)).
    ``(b) Scope.--Nothing in this chapter shall apply to otherwise 
lawful activities carried out by or at the direction of the United 
States Government.
``Sec. 2291. Destruction of vessel or maritime facility
    ``(a) Offense.--Whoever willfully--
            ``(1) sets fire to, damages, destroys, disables, or wrecks 
        any vessel;
            ``(2) places or causes to be placed a destructive device, 
        as defined in section 921(a)(4), or destructive substance, as 
        defined in section 13, in, upon, or in proximity to, or 
        otherwise makes or causes to be made unworkable or unusable or 
hazardous to work or use, any vessel, or any part or other materials 
used or intended to be used in connection with the operation of a 
vessel;
            ``(3) sets fire to, damages, destroys, or disables or 
        places a destructive device or substance in, upon, or in 
        proximity to, any maritime facility, including but not limited 
        to, any aid to navigation, lock, canal, or vessel traffic 
        service facility or equipment, or interferes by force or 
        violence with the operation of such facility, if such action is 
        likely to endanger the safety of any vessel in navigation;
            ``(4) sets fire to, damages, destroys, or disables or 
        places a destructive device or substance in, upon, or in 
        proximity to, any appliance, structure, property, machine, or 
        apparatus, or any facility or other material used, or intended 
        to be used, in connection with the operation, maintenance, 
        loading, unloading, or storage of any vessel or any passenger 
        or cargo carried or intended to be carried on any vessel;
            ``(5) performs an act of violence against or incapacitates 
        any individual on any vessel, if such act of violence or 
        incapacitation is likely to endanger the safety of the vessel 
        or those on board;
            ``(6) performs an act of violence against a person that 
        causes or is likely to cause serious bodily injury, as defined 
        in section 1365, in, upon, or in proximity to, any appliance, 
        structure, property, machine, or apparatus, or any facility or 
        other material used, or intended to be used, in connection with 
        the operation, maintenance, loading, unloading, or storage of 
        any vessel or any passenger or cargo carried or intended to be 
        carried on any vessel;
            ``(7) communicates information, knowing the information to 
        be false and under circumstances in which such information may 
        reasonably be believed, thereby endangering the safety of any 
        vessel in navigation; or
            ``(8) attempts or conspires to do anything prohibited under 
        paragraphs (1) through (7):
shall be fined under this title or imprisoned not more than 20 years, 
or both.
    ``(b) Limitation.--Subsection (a) shall not apply to any person 
that is engaging in otherwise lawful activity, such as normal repair 
and salvage activities, and the lawful transportation of hazardous 
materials.
    ``(c) Penalty.--Whoever is fined or imprisoned under subsection (a) 
as a result of an act involving a vessel that, at the time of the 
violation, carried high-level radioactive waste (as that term is 
defined in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10101(12)) or spent nuclear fuel (as that term is defined in 
section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101(23)), shall be fined under title 18, imprisoned for a term up to 
life, or both.
    ``(d) Penalty When Death Results.--Whoever is convicted of any 
crime prohibited by subsection (a), which has resulted in the death of 
any person, shall be subject also to the death penalty or to 
imprisonment for life.
    ``(e) Threats.--Whoever willfully imparts or conveys any threat to 
do an act which would violate this chapter, with an apparent 
determination and will to carry the threat into execution, shall be 
fined under this title, imprisoned not more than 5 years, or both, and 
is liable for all costs incurred as a result of such threat.
``Sec. 2292. Imparting or conveying false information
    ``(a) In General.--Whoever imparts or conveys or causes to be 
imparted or conveyed false information, knowing the information to be 
false, concerning an attempt or alleged attempt being made or to be 
made, to do any act which would be a crime prohibited by this chapter 
or by chapter 111 of this title, shall be subject to a civil penalty of 
not more than $5,000, which shall be recoverable in a civil action 
brought in the name of the United States.
    ``(b) Malicious Conduct.--Whoever willfully and maliciously, or 
with reckless disregard for the safety of human life, imparts or 
conveys or causes to be imparted or conveyed false information, knowing 
the information to be false, concerning an attempt or alleged attempt 
to do any act which would be a crime prohibited by this chapter or by 
chapter 111 of this title, shall be fined under this title, imprisoned 
not more than 5 years, or both.
    ``(c) Jurisdiction.--
            ``(1) In general.--Except as provided under paragraph (2), 
        section 2290(a) shall not apply to any offense under this 
        section.
            ``(2) Jurisdiction.--Jurisdiction over an offense under 
        this section shall be determined in accordance with the 
        provisions applicable to the crime prohibited by this chapter, 
        or by chapter 2, 97, or 111 of this title, to which the 
        imparted or conveyed false information relates, as applicable.
``Sec. 2293. Bar to prosecution
    ``(a) In General.--It is a bar to prosecution under this chapter 
if--
            ``(1) the conduct in question occurred within the United 
        States in relation to a labor dispute, and such conduct is 
        prohibited as a felony under the law of the State in which it 
        was committed; or
            ``(2) such conduct is prohibited as a misdemeanor under the 
        law of the State in which it was committed.
    ``(b) Definitions.--In this section:
            ``(1) Labor dispute.--The term ``labor dispute'' has the 
        same meaning given that term in section 113(c) of the Norris-
        LaGuardia Act (29 U.S.C. 113(c)).
            ``(2) State.--The term ``State'' means a State of the 
        United States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.''.
    (b) Technical and Conforming Amendment.--The table of chapters at 
the beginning of title 18, United States Code, is amended by inserting 
after the item for chapter 111 the following:

``111A. Destruction of, or interference with, vessels or        2290''.
                            maritime facilities.

SEC. 408. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR VESSELS.

    (a) Theft of Interstate or Foreign Shipments.--Section 659 of title 
18, United States Code, is amended--
            (1) in the first undesignated paragraph--
                    (A) by inserting ``trailer,'' after 
                ``motortruck,'';
                    (B) by inserting ``air cargo container,'' after 
                ``aircraft,''; and
                    (C) by inserting ``, or from any intermodal 
                container, trailer, container freight station, 
                warehouse, or freight consolidation facility,'' after 
                ``air navigation facility'';
            (2) in the fifth undesignated paragraph, by striking ``one 
        year'' and inserting ``3 years''; and
            (3) by inserting after the first sentence in the eighth 
        undesignated paragraph the following: ``For purposes of this 
        section, goods and chattel shall be construed to be moving as 
        an interstate or foreign shipment at all points between the 
        point of origin and the final destination (as evidenced by the 
        waybill or other shipping document of the shipment), regardless 
        of any temporary stop while awaiting transhipment or 
        otherwise.''.
    (b) Stolen Vessels.--
            (1) In general.--Section 2311 of title 18, United States 
        Code, is amended by adding at the end the following:
    ```Vessel' means any watercraft or other contrivance used or 
designed for transportation or navigation on, under, or immediately 
above, water.''.
            (2) Transportation and sale of stolen vessels.--Sections 
        2312 and 2313 of title 18, United States Code, are each amended 
        by striking ``motor vehicle or aircraft'' and inserting ``motor 
        vehicle, vessel, or aircraft''.
    (c) Review of Sentencing Guidelines.--Pursuant to section 994 of 
title 28, United States Code, the United States Sentencing Commission 
shall review the Federal Sentencing Guidelines to determine whether 
sentencing enhancement is appropriate for any offense under section 659 
or 2311 of title 18, United States Code, as amended by this Act.
    (d) Annual Report of Law Enforcement Activities.--The Attorney 
General shall annually submit to Congress a report, which shall include 
an evaluation of law enforcement activities relating to the 
investigation and prosecution of offenses under section 659 of title 
18, United States Code, as amended by this Act.
    (e) Reporting of Cargo Theft.--The Attorney General shall take the 
steps necessary to ensure that reports of cargo theft collected by 
Federal, State, and local officials are reflected as a separate 
category in the Uniform Crime Reporting System, or any successor 
system, by no later than December 31, 2005.

SEC. 409. INCREASED PENALTIES FOR NONCOMPLIANCE WITH MANIFEST 
              REQUIREMENTS.

    (a) Reporting, Entry, Clearance Requirements.--Section 436(b) of 
the Tariff Act of 1930 (19 U.S.C. 1436(b)) is amended by--
            (1) striking ``or aircraft pilot'' and inserting ``, 
        aircraft pilot, operator, owner of such vessel, vehicle or 
        aircraft or any other responsible party (including non-vessel 
        operating common carriers)'';
            (2) striking ``$5,000'' and inserting ``$10,000''; and
            (3) striking ``$10,000'' and inserting ``$25,000''.
    (b) Criminal Penalty.--Section 436(c) of the Tariff Act of 1930 (19 
U.S.C. 1436(c)) is amended by striking ``$2,000'' and inserting 
``$10,000''.
    (c) Falsity or Lack of Manifest.--Section 584(a)(1) of the Tariff 
Act of 1930 (19 U.S.C. 1584(a)(1)) is amended by striking ``$1,000'' in 
each place it occurs and inserting ``$10,000''.

SEC. 410. STOWAWAYS ON VESSELS OR AIRCRAFT.

    Section 2199 of title 18, United States Code, is amended by 
striking ``Shall be fined under this title or imprisoned not more than 
one year, or both.'' and inserting the following:
            ``(1) shall be fined under this title, imprisoned not more 
        than 5 years, or both;
            ``(2) if the person commits an act proscribed by this 
        section, with the intent to commit serious bodily injury, and 
        serious bodily injury occurs (as defined under section 1365, 
        including any conduct that, if the conduct occurred in the 
        special maritime and territorial jurisdiction of the United 
        States, would violate section 2241 or 2242) to any person other 
        than a participant as a result of a violation of this section, 
        shall be fined under this title, imprisoned not more than 20 
        years, or both; and
            ``(3) if an individual commits an act proscribed by this 
        section, with the intent to cause death, and if the death of 
        any person other than a participant occurs as a result of a 
        violation of this section, shall be fined under this title, 
        imprisoned for any number of years or for life, or both.''.

SEC. 411. BRIBERY AFFECTING PORT SECURITY.

    (a) In General.--Chapter 11 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 226. Bribery affecting port security
    ``(a) In General.--Whoever knowingly--
            ``(1) directly or indirectly, corruptly gives, offers, or 
        promises anything of value to any public or private person, 
        with intent--
                    ``(A) to commit international or domestic terrorism 
                (as that term is defined under section 2331);
                    ``(B) to influence any action or any person to 
                commit or aid in committing, or collude in, or allow, 
                any fraud, or make opportunity for the commission of 
                any fraud affecting any secure or restricted area or 
                seaport; or
                    ``(C) to induce any official or person to do or 
                omit to do any act in violation of the fiduciary duty 
                of such official or person which affects any secure or 
                restricted area or seaport; or
            ``(2) directly or indirectly, corruptly demands, seeks, 
        receives, accepts, or agrees to receive or accept anything of 
        value personally or for any other person or entity in return 
        for--
                    ``(A) being influenced in the performance of any 
                official act affecting any secure or restricted area or 
                seaport; and
                    ``(B) knowing that such influence will be used to 
                commit, or plan to commit, international or domestic 
                terrorism
``shall be fined under this title, imprisoned not more than 15 years, 
or both.
    ``(b) Definition.--In this section, the term `secure or restricted 
area' has the meaning given that term in section 2285(c).''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 11 of title 18, United States Code, is amended by adding at the 
end the following:

``226. Bribery affecting port security.''.

    TITLE V--COMBATING MONEY LAUNDERING AND TERRORIST FINANCING ACT

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Combating Money Laundering and 
Terrorist Financing Act of 2004''.

SEC. 502. SPECIFIED ACTIVITIES FOR MONEY LAUNDERING.

    (a) RICO Definitions.--Section 1961(1) of title 18, United States 
Code, is amended--
            (1) in subparagraph (A), by inserting ``burglary, 
        embezzlement,'' after ``robbery,'';
            (2) in subparagraph (B), by--
                    (A) inserting ``section 1960 (relating to illegal 
                money transmitters),'' before ``sections 2251'';
                    (B) striking ``1591'' and inserting ``1592'';
                    (C) inserting ``and 1470'' after ``1461-1465''; and
                    (D) inserting ``2252A,'' after ``2252,'';
            (3) in subparagraph (D), by striking ``fraud in the sale of 
        securities'' and inserting ``fraud in the purchase or sale of 
        securities''; and
            (4) in subparagraph (F), by inserting ``and 274A'' after 
        ``274''.
    (b) Monetary Investments.--Section 1956(c)(7)(D) of title 18, 
United States Code, is amended by--
            (1) inserting ``, or section 2339C (relating to financing 
        of terrorism)'' before ``of this title''; and
            (2) striking ``or any felony violation of the Foreign 
        Corrupt Practices Act'' and inserting ``any felony violation of 
        the Foreign Corrupt Practices Act, or any violation of section 
        208 of the Social Security Act (42 U.S.C. 408) (relating to 
        obtaining funds through misuse of a social security number)''.
    (c) Conforming Amendments.--
            (1) Monetary instruments.--Section 1956(e) of title 18, 
        United States Code, is amended to read as follows:
    ``(e) Violations of this section may be investigated by such 
components of the Department of Justice as the Attorney General may 
direct, and by such components of the Department of the Treasury as the 
Secretary of the Treasury may direct, as appropriate, and, with respect 
to offenses over which the Department of Homeland Security has 
jurisdiction, by such components of the Department of Homeland Security 
as the Secretary of Homeland Security may direct, with respect to the 
offenses over which the Social Security Administration has 
jurisdiction, as the Commissioner of Social Security may direct, and 
with respect to offenses over which the United States Postal Service 
has jurisdiction, as the Postmaster General may direct. The authority 
under this subsection of the Secretary of the Treasury, the Secretary 
of Homeland Security, the Commissioner of Social Security, and the 
Postmaster General shall be exercised in accordance with an agreement 
which shall be entered into by the Secretary of the Treasury, the 
Secretary of Homeland Security, the Commissioner of Social Security, 
the Postmaster General, and the Attorney General. Violations of this 
section involving offenses described in subsection (c)(7)(E) may be 
investigated by such components of the Department of Justice as the 
Attorney General may direct, and the National Enforcement 
Investigations Center of the Environmental Protection Agency.''.
            (2) Property from unlawful activity.--Section 1957(e) of 
        title 18, United States Code, is amended to read as follows:
    ``(e) Violations of this section may be investigated by such 
components of the Department of Justice as the Attorney General may 
direct, and by such components of the Department of the Treasury as the 
Secretary of the Treasury may direct, as appropriate, and, with respect 
to offenses over which the Department of Homeland Security has 
jurisdiction, by such components of the Department of Homeland Security 
as the Secretary of Homeland Security may direct, and, with respect to 
offenses over which the United States Postal Service has jurisdiction, 
by the Postmaster General. The authority under this subsection of the 
Secretary of the Treasury, the Secretary of Homeland Security, and the 
Postmaster General shall be exercised in accordance with an agreement 
which shall be entered into by the Secretary of the Treasury, the 
Secretary of Homeland Security, the Postmaster General, and the 
Attorney General.''.

SEC. 503. ILLEGAL MONEY TRANSMITTING BUSINESSES.

    (a) Technical Amendments.--Section 1960 of title 18, United States 
Code, is amended--
            (1) in the caption by striking ``unlicensed'' and inserting 
        ``illegal'';
            (2) in subsection (a), by striking ``unlicensed'' and 
        inserting ``illegal'';
            (3) in subsection (b)(1), by striking ``unlicensed'' and 
        inserting ``illegal''; and
            (4) in subsection (b)(1)(C), by striking ``to be used to be 
        used'' and inserting ``to be used''.
    (b) Prohibition of Unlicensed Money Transmitting Businesses.--
Section 1960(b)(1)(B) of title 18, United States Code, is amended by 
inserting the following before the semicolon: ``, whether or not the 
defendant knew that the operation was required to comply with such 
registration requirements''.
    (c) Authority To Investigate.--Section 1960 of title 18, United 
States Code, is amended by adding at the end the following:
    ``(c) Violations of this section may be investigated by the 
Attorney General, the Secretary of the Treasury, and the Secretary of 
the Department of Homeland Security.''.

SEC. 504. ASSETS OF PERSONS COMMITTING TERRORIST ACTS AGAINST FOREIGN 
              COUNTRIES OR INTERNATIONAL ORGANIZATIONS.

    Section 981(a)(1)(G) of title 18, United States Code, is amended 
by--
            (1) striking ``or'' at the end of clause (ii);
            (2) striking the period at the end of clause (iii) and 
        inserting ``; or''; and
            (3) inserting after clause (iii) the following:
                            ``(iv) of any individual, entity, or 
                        organization engaged in planning or 
                        perpetrating any act of international terrorism 
                        (as defined in section 2331) against any 
                        international organization (as defined in 
                        section 209 of the State Department Basic 
                        Authorities Act of 1956 (22 U.S.C. 4309(b))) or 
                        against any foreign government. Where the 
                        property sought for forfeiture is located 
                        beyond the territorial boundaries of the United 
                        States, an act in furtherance of such planning 
                        or perpetration must have occurred within the 
                        jurisdiction of the United States.''.

SEC. 505. MONEY LAUNDERING THROUGH INFORMAL VALUE TRANSFER SYSTEMS.

    Section 1956(a) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(4) A transaction described in paragraph (1), or a 
transportation, transmission, or transfer described in paragraph (2) 
shall be deemed to involve the proceeds of specified unlawful activity, 
if the transaction, transportation, transmission, or transfer is part 
of a single plan or arrangement whose purpose is described in either of 
those paragraphs and one part of such plan or arrangement actually 
involves the proceeds of specified unlawful activity.''.

SEC. 506. FINANCING OF TERRORISM.

    (a) Concealment.--Section 2339C(c)(2) of title 18, United States 
Code, is amended to read as follows:
            ``(2) knowingly conceals or disguises the nature, location, 
        source, ownership, or control of any material support, or 
        resources, or any funds or proceeds of such funds--
                    ``(A) knowing or intending that the support or 
                resources are to be provided, or knowing that the 
                support or resources were provided, in violation of 
                section 2339B; or
                    ``(B) knowing or intending that any such funds are 
                to be provided or collected, or knowing that the funds 
                were provided or collected, in violation of subsection 
                (a),
        shall be punished as prescribed in subsection (d)(2).''.
    (b) Definition.--Section 2339C(e) of title 18, United States Code, 
is amended--
            (1) in paragraph (12), by striking ``and'' at the end;
            (2) by redesignating paragraph (13) as paragraph (14); and
            (3) by inserting after paragraph (12) the following:
            ``(13) the term `material support or resources' has the 
        same meaning as in section 2339B(g)(4); and''.

SEC. 507. MISCELLANEOUS AND TECHNICAL AMENDMENTS.

    (a) Criminal Forfeiture.--Section 982(b) of title 18, United States 
Code, is amended in subsection (b)(2), by striking ``The substitution'' 
and inserting ``With respect to a forfeiture under subsection (a)(1), 
the substitution''.
    (b) Technical Amendments to Sections 1956 and 1957.--
            (1) Unlawful activity.--Section 1956(c)(7)(F) of title 18, 
        United States Code, is amended by inserting ``, as defined in 
        section 24'' before the period.
            (2) Property from unlawful activity.--Section 1957 of title 
        18, United States Code, is amended--
                    (A) in subsection (a), by striking ``engages or 
                attempts to engage in'' and inserting ``conducts or 
                attempts to conduct''; and
                    (B) in subsection (f), by inserting the following 
                after paragraph (3):
            ``(4) the term `conducts' has the same meaning as it does 
        for purposes of section 1956 of this title.''.
    (c) Obstruction of Justice.--Section 1510(b)(3)(B) of title 18, 
United States Code, is amended by striking ``or'' the first time it 
appears and inserting ``, a subpoena issued pursuant to section 1782 of 
title 28, or''.
    (d) International Terrorism.--Section 2332b(g)(5)(B) of title 18, 
United States Code, is amended by inserting ``)'' after ``2339C 
(relating to financing of terrorism''.

                                                       Calendar No. 645

108th CONGRESS

  2d Session

                                S. 2679

_______________________________________________________________________

                                 A BILL

 To strengthen anti-terrorism investigative tools, promote information 
      sharing, punish terrorist offenses, and for other purposes.

_______________________________________________________________________

                             July 19, 2004

            Read the second time and placed on the calendar
```