[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