◆ SpookStack

To: All Divisions Frem: Office of the General Counsel Re: 3LOX-HO-AL467720-06C, 04/07/2006 See. 113. Amendments to Section 2516(1) of Tithe 18, United States Code (Title iI). This section adds 20 federal crimes rejated to terrorism to the list of predicate offenses that may be used as a basis to intercept wire, oral, or electronic communications (18 U.S.C. § 2516(1)). The new wiretap predicates include the following: ° 18 U.S.C. § 37 [violence at international airports] +18 U.S.C. § 43 [animal enterprise terrorism) +18 U.S.C. § 81 [arson within special maritime and territorial jurisdiction] «18 U.S.C. §§ 175, 175b, and 175c [biological agents] * 18 USC. § 832 {nuclear and weapons of mass destruction threats] * 18 U.S.C. § 842 [explosive materials} + 18 U.S.C. § 930 [possession of weapons in Federal facilities] «18 U.S.C. § 956 [conspiracy to harm persons or property overseas] *18 U.S.C. § 1028A [aggravated identity theft] *18 U.S.C. § 1114 [killing or attempted killing of Federal employees, including any member of the uniformed services] 18 U.S.C. §1116 [killing or attempted killing of certain foreign officials, including internationally protected persons} * 18 U.S.C. § 1992 [attacks on mass transit] * 18 U.S.C. § 2340A [torture] * 18 U.S.C. § 2339 [harboring terrorists} *18 U.S.C. § 2339D [receiving military-type training from a foreign terrorist organization] * 18 U.S.C. § 5324 [structuring transactions to evade reporting requirements] * 49 U.S.C. §46504 [assault on a flight crew member with a dangerous weapon] * 49 U.S.C. §46505(b)(3) or (c} [weapons offenses on board an aircraft] Procedural Changes: None at this time. If necessary, additional guidance may be issued in the future. Sec. 122. Prohibition of Narco-Terrorism. This section makes it a federal crime to engage in drug trafficking to benefit terrorism {amended the Controlled Substance Import and Export Act - 21 U.S.C. §§ 951 et seq.). To prove this crime, the evidence must show that a defendant had knowledge that the person or organization has engaged or ts engaging in terrorism. Procedural Changes: None at this time. If necessary, additional guidance may be issued in the future. Sec. 123, Interfering with the Operation of an Aircraft. This section makes il a federal crime to interfere with or disable a pilot or navigation facility operator with the intent to danger or with reckless disregard for human safety (e.g., aiming lasers at pilots) (18 U.S.C. § 32). Procedural Changes: None at this time. If necessary, additional guidance may be issued in the future. 24