Sec. 406. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO THE USA PATRIOT ACT
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## SEC. 406 TECHNICAL AND CONFORMING AMENDMENTS RELATING TO THE USA PATRIOT ACT ###
(a)Technical Corrections ####
(1)**[**[28 U.S.C. 2466](/us/usc/t28/s2466)**]** Section 322 of Public Law 107-56 is amended by striking “title 18” and inserting “title 28”. ####
(2)Section 1956(b)(3) and
(4)of title 18, United States Code, are amended by striking “described in paragraph (2)” each time it appears; and ####
(3)Section 981(k) of title 18, United States Code, is amended by striking “foreign bank” each time it appears and inserting “foreign financial institution (as defined in section 984(c)(2)(A) of this title)”. ###
(b)Codification of Section 316 of the USA PATRIOT Act ####
(1)Chapter 46 of title 18, United States Code, is amended— #####
(A)in the chapter analysis, by inserting at the end the following:“987. Anti-terrorist forfeiture protection.”;and #####
(B)by inserting at the end the following: > > ## “SEC. 987 Anti-terrorist forfeiture protection > > > ### “(a) Right to Contest > > An owner of property that is confiscated under any provision of law relating to the confiscation of assets of suspected international terrorists, may contest that confiscation by filing a claim in the manner set forth in the Federal Rules of Civil Procedure (Supplemental Rules for Certain Admiralty and Maritime Claims), and asserting as an affirmative defense that— > > > #### “(1) > > the property is not subject to confiscation under such provision of law; or > > > #### “(2) > > the innocent owner provisions of section 983(d) of title 18, United States Code, apply to the case. > > > ### “(b) Evidence > > In considering a claim filed under this section, a court may admit evidence that is otherwise inadmissible under the Federal Rules of Evidence, if the court determines that the evidence is reliable, and that compliance with the Federal Rules of Evidence may jeopardize the national security interests of the United States. > > > ### “(c) Clarifications > > > #### “(1) Protection of rights > > The exclusion of certain provisions of Federal law from the definition of the term ‘**civil forfeiture statute**’ in section 983(i) of title 18, United States Code, shall not be construed to deny an owner of property the right to contest the confiscation of assets of suspected international terrorists under— > > > ##### “(A) > > subsection
(a)of this section; > > > ##### “(B) > > the Constitution; or > > > ##### “(C) > > subchapter II of chapter 5 of title 5, United States Code (commonly known as the ‘Administrative Procedure Act’). > > > #### “(2) Savings clause > > Nothing in this section shall limit or otherwise affect any other remedies that may be available to an owner of property under section 983 of title 18, United States Code, or any other provision of law.” > . ####
(2)**[**[18 U.S.C. 983 note](/us/usc/t18/s983)**]** Subsections (a), (b), and
(c)of section 316 of Public Law 107-56 are repealed. ###
(c)Conforming Amendments Concerning Conspiracies ####
(1)Section 33(a) of title 18, United States Code is amended by inserting “or conspires” before “to do any of the aforesaid acts”. ####
(2)Section 1366(a) of title 18, United States Code, is amended— #####
(A)by striking “attempts” each time it appears and inserting “attempts or conspires”; and #####
(B)by inserting “, or if the object of the conspiracy had been achieved,” after “the attempted offense had been completed”.
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- Pub. L. 107-56
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Sec. 406
TECHNICAL AND CONFORMING AMENDMENTS RELATING TO THE USA PATRIOT ACT
Pub. L.Pub. L. 107-56
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