Page:United States Statutes at Large Volume 120.djvu/276

 PUBLIC LAW 109–177—MAR. 9, 2006

120 STAT. 245

‘‘§ 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 (2) Subsections (a), (b), and (c) of section 316 of Public Law 107–56 are repealed.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’’.

18 USC 983 note.

SEC. 407. CROSS REFERENCE CORRECTION.

Section 5318(n)(4)(A) of title 31, United States Code, is amended by striking ‘‘National Intelligence Reform Act of 2004’’ and inserting ‘‘Intelligence Reform and Terrorism Prevention Act of 2004’’. SEC. 408. AMENDMENT TO AMENDATORY LANGUAGE.

Section 6604 of the Intelligence Reform and Terrorism Prevention Act of 2004 is amended (effective on the date of the enactment of that Act)—

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Effective date. 18 USC 2339C note.

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