I

104TH CONGRESS

2D SESSION H. R. 3071

To combat terrorism.

IN THE HOUSE OF REPRESENTATIVES

MARCH 12, 1996

Mr. NADLER introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To combat terrorism.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Effective

5 Counterterrorism Act of 1996’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—CRIMINAL ACTS

Sec. 101. Protection of Federal employees.

Sec. 102. Prohibiting material support to terrorist organizations.

Sec. 103. Modification of material support provision.

Sec. 104. Receiving material support from terrorist organizations or governments.
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Sec. 105. Acts of terrorism against children.

Sec. 106. Conspiracy to harm people and property overseas.

Sec. 107. Clarification and extension of criminal jurisdiction over certain terrorism offenses overseas.

Sec. 108. Expansion and modification of weapons of mass destruction statute.

Sec. 109. Addition of offenses to the money laundering statute.

Sec. 110. Expansion of Federal jurisdiction over bomb threats.

Sec. 111. Clarification of maritime violence jurisdiction.

Sec. 112. Possession of stolen explosives prohibited.

TITLE II—INCREASED PENALTIES

Sec. 201. Penalties for certain explosives offenses.

Sec. 202. Increased penalty for explosive conspiracies.

Sec. 203. Increased and alternate conspiracy penalties for terrorism offenses.

Sec. 204. Mandatory penalty for transferring an explosive material knowing

that it will be used to commit a crime of violence.

TITLE III—INVESTIGATIVE TOOLS

Sec. 301. Study of tagging explosive materials, detection of explosives and explosive materials, rendering explosive components inert, and

imposing controls of precursors of explosives.

Sec. 302. Requirement to preserve record evidence.

Sec. 303. Detention hearing.

Sec. 304. Reward authority of the Attorney General.

Sec. 305. Protection of Federal Government buildings in the District of Columbia.

Sec. 306. Study of thefts from armories; report to the Congress.

TITLE IV—NUCLEAR MATERIALS

Sec. 401. Expansion of nuclear materials prohibitions.

TITLE V—CONVENTION ON THE MARKING OF PLASTIC

EXPLOSIVES

Sec. 501. Definitions.

Sec. 502. Requirement of detection agents for plastic explosives.

Sec. 503. Criminal sanctions.

Sec. 504. Exceptions.

Sec. 505. Effective date.

TITLE VI—REMOVAL PROCEDURES FOR ALIEN TERRORISTS

Sec. 601. Removal procedures for alien terrorists.

TITLE VII—AUTHORIZATION AND FUNDING

Sec. 701. Firefighter and emergency services training.

Sec. 702. Assistance to foreign countries to procure explosive detection devices

and other counter-terrorism technology.

Sec. 703. Research and development to support counter-terrorism technologies.

Sec. 704. Authorization of appropriations.

TITLE VIII—MISCELLANEOUS
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Sec. 801. Study of State licensing requirements for the purchase and use of

high explosives.

Sec. 802. Compensation of victims of terrorism.

Sec. 803. Jurisdiction for lawsuits against terrorist States.

Sec. 804. Compilation of statistics relating to intimidation of government employees.

Sec. 805. Victim restitution Act.

1 TITLE I—CRIMINAL ACTS

2 SEC. 101. PROTECTION OF FEDERAL EMPLOYEES.

3 (a) HOMICIDE.—Section 1114 of title 18, United

4 States Code, is amended to read as follows:

5 ‘‘§ 1114. Protection of officers and employees of the

6 United States

7 ‘‘Whoever kills or attempts to kill any officer or em8 ployee of the United States or of any agency in any branch

9 of the United States Government (including any member

10 of the uniformed services) while such officer or employee

11 is engaged in or on account of the performance of official

12 duties, or any person assisting such an officer or employee

13 in the performance of such duties or on account of that

14 assistance, shall be punished, in the case of murder, as

15 provided under section 1111, or in the case of man16 slaughter, as provided under section 1112, or, in the case

17 of attempted murder or manslaughter, as provided in sec18 tion 1113.’’.

19 (b) THREATS AGAINST FORMER OFFICERS AND EM20 PLOYEES.—Section 115(a)(2) of title 18, United States

21 Code, is amended by inserting ‘‘, or threatens to assault,

22 kidnap, or murder, any person who formerly served as a
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1 person designated in paragraph (1), or’’ after ‘‘assaults,

2 kidnaps, or murders, or attempts to kidnap or murder’’.

3 SEC. 102. PROHIBITING MATERIAL SUPPORT TO TERROR4 IST ORGANIZATIONS.

5 (a) IN GENERAL.—The chapter 113B of title 18,

6 United States Code, that relates to terrorism is amended

7 by adding at the end the following:

8 ‘‘§ 2339B. Providing material support to terrorist or9 ganizations

10 ‘‘(a) OFFENSE.—Whoever, within the United States

11 knowingly provides material support or resources in or af12 fecting interstate or foreign commerce, to any organization

13 which the person knows or should have known is a terror14 ist organization that has been designated under this sec15 tion as a terrorist organization shall be fined under this

16 title or imprisoned not more than 10 years, or both.

17 ‘‘(b) TERRORIST ORGANIZATION DEFINED.—

18 ‘‘(1) DESIGNATION.—For purposes of this sec19 tion and the Crimes Associated With Terrorism Act

20 of 1996 and title V of the Immigration and Nation21 ality Act, the term ‘terrorist organization’ means a

22 foreign organization designated in the Federal Reg23 ister as a terrorist organization by the Secretary of

24 State in consultation with the Attorney General,

25 based upon a finding that the organization engages
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1 in, or has engaged in, terrorist activity that threat2 ens the national security of the United States.

3 ‘‘(2) PROCESS.—At least 3 days before des4 ignating an organization as a terrorist organization

5 through publication in the Federal Register, the Sec6 retary of State, in consultation with the Attorney

7 General, shall notify the Committees on the Judici8 ary of the House of Representatives and the Senate

9 of the intent to make such designation and the find10 ings and the basis for designation. The Secretary of

11 State, in consultation with the Attorney General,

12 shall create an administrative record prior to such

13 designation and may use classified information in

14 making such a designation. Such classified informa15 tion is not subject to disclosure so long as it remains

16 classified, except as provided in paragraph (3) for

17 the purposes of judicial review of such designation.

18 The Secretary of State, in consultation with the At19 torney General, shall provide notice and an oppor20 tunity for public comment prior to the creation of

21 the administrative record under this paragraph.

22 ‘‘(3) JUDICIAL REVIEW.—Any organization des23 ignated as a terrorist organization under the preced24 ing provisions of this subsection may, not later than

25 30 days after the date of the designation, seek judi-
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1 cial review thereof in any United States Court of

2 Appeals of competent jurisdiction. The court shall

3 hold unlawful and set aside the designation if the

4 court finds the designation to be arbitrary, capri5 cious, an abuse of discretion, or otherwise not in ac6 cordance with law, not supported by a preponder7 ance of the evidence, contrary to constitutional right,

8 power, privilege, or immunity, or not in accord with

9 the procedures required by law. Such review shall

10 proceed in an expedited manner. Designated organi11 zations shall have the opportunity to call witnesses

12 and present evidence in rebuttal of such designation.

13 During the pendency of the court’s review of the

14 designation, the prohibition against providing mate15 rial support to the organization under this section

16 shall not apply unless the court finds that the Gov17 ernment is likely to succeed on the merits of the des18 ignation. For the purposes of this section, any classi19 fied information used in making the designation

20 shall be considered by the court, and provided to the

21 organization, under the procedures provided under

22 title V of the Immigration and Nationality Act.

23 ‘‘(4) CONGRESSIONAL AUTHORITY TO REMOVE

24 DESIGNATION.—The Congress reserves the authority
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1 to remove, by law, the designation of an organization

2 as a terrorist organization under this subsection.

3 ‘‘(5) SUNSET.—Subject to paragraph (4), the

4 designation under this subsection of an organization

5 as a terrorist organization shall be effective for a pe6 riod of 2 years from the date of the initial publica7 tion of the terrorist organization designation by the

8 Secretary of State. At the end of such period (but

9 no sooner than 60 days prior to the termination of

10 the 2-year designation period), the Secretary of

11 State, in consultation with the Attorney General,

12 may redesignate the organization in conformity with

13 the requirements of this subsection for designation

14 of the organization.

15 ‘‘(6) OTHER AUTHORITY TO REMOVE DESIGNA16 TION.—The Secretary of State, in consultation with

17 the Attorney General, may remove the terrorist or18 ganization designation from any organization pre19 viously designated as such an organization, at any

20 time, so long as the Secretary publishes notice of the

21 removal in the Federal Register. The Secretary is

22 not required to report to Congress prior to so remov23 ing such designation.

24 ‘‘(c) DEFINITIONS.—As used in this section, the

25 term—
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1 ‘‘(1) ‘material support or resources’ has the

2 meaning given that term in section 2339A of this

3 title; and

4 ‘‘(2) ‘terrorist activity’ means any act in prepa5 ration for or in carrying out a violation of section

6 32, 37, 351, 844(f) or (i), 956, 1114, 1116, 1203,

7 1361, 1363, 1751, 2280, 2281, 2331(1)(A), 2332,

8 2332a, or 2332b of this title or section 46502 of

9 title 49, or in preparation for or in carrying out the

10 concealment or an escape from the commission of

11 any such violation.’’.

12 (b) CLERICAL AMENDMENT.—The table of sections

13 at the beginning of the chapter 113B of title 18, United

14 States Code, that relates to terrorism is amended by in15 serting after the item relating to section 2339a the follow16 ing new item:

‘‘2339b. Providing material support to terrorist organizations.’’.

17 SEC. 103. MODIFICATION OF MATERIAL SUPPORT PROVI18 SION.

19 Section 2339A of title 18, United States Code, is

20 amended read as follows:

21 ‘‘§ 2339A. Providing material support to terrorists

22 ‘‘(a) OFFENSE.—Whoever, within the United States,

23 provides material support or resources or conceals or dis24 guises the nature, location, source, or ownership of mate25 rial support or resources, knowing or intending that they
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1 are to be used in preparation for or in carrying out, a

2 violation of section 32, 37, 81, 175, 351, 844(f) or (i),

3 956, 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281,

4 2332, 2332a, 2332b, or 2340 of this title or section 46502

5 or 6012 of title 49, or in preparation for or in carrying

6 out the concealment or an escape from the commission of

7 any such violation, shall be fined under this title, impris8 oned not more than ten years, or both.

9 ‘‘(b) DEFINITION.—In this section, the term ‘mate10 rial support or resources’ means currency or other finan11 cial securities, financial services, lodging, training,

12 safehouses, false documentation or identification, commu13 nications equipment, facilities, weapons, lethal substances,

14 explosives, personnel, transportation, and other physical

15 assets, except medicine or religious materials.’’.

16 SEC. 104. RECEIVING MATERIAL SUPPORT FROM TERROR17 IST ORGANIZATIONS OR GOVERNMENTS.

18 (a) IN GENERAL.—The chapter 113B of title 18,

19 United States Code, that relates to terrorism is amended

20 by adding by adding at the end the following:

21 ‘‘§ 2339C. Receiving material support from terrorist

22 organizations or countries supporting

23 terrorism

24 ‘‘(a) OFFENSE.—Whoever, within the United States

25 knowingly receives material support or resources in or af-
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1 fecting interstate or foreign commerce, from a terrorist

2 organization or a country supporting terrorism, shall be

3 fined under this title or imprisoned not more than 10

4 years.

5 ‘‘(b) EXCEPTIONS.—This section shall not apply to

6 any thing of value received as judgment in a civil action

7 or as restitution for any act of terrorism, crime of war

8 or crime against humanity.

9 ‘‘(c) DEFINITIONS.—For the purposes of this section,

10 the term—

11 ‘‘(1) ‘terrorist organization’ means any organi12 zation which the person knows or should have known

13 is a terrorist organization as designated for the pur14 poses of section 2339B; or

15 ‘‘(2) ‘counry supporting terrorism’, means any

16 country designated by the President under section

17 505 of the International Security and Development

18 Cooperation Act of 1985 (22 U.S.C. 2349aa–9) (re19 lating to the ban on importing goods and services

20 from countries supporting terrorism) as a country

21 supporting terrorism, or any country designated

22 under section 504 of the International Security and

23 Development Cooperation Act of 1985 (22 U.S.C

24 2349aa–8) (relating to the prohibition on imports

25 from and exports to Libya).’’.
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1 SEC. 105. ACTS OF TERRORISM AGAINST CHILDREN.

2 (a) OFFENSE.—Title 18, United States Code, is

3 amended by inserting after section 2332a the following:

4 ‘‘§ 2332b. Acts of terrorism against children

5 ‘‘(a) PROHIBITED ACTS.—

6 ‘‘(a) Whoever intentionally commits a Federal crime

7 of terrorism against a child, shall be fined under this title

8 or imprisoned for any term of years or for life, or both.

9 This section does not prevent the imposition of any more

10 severe penalty which may be provided for the same con11 duct by another provision of Federal law.

12 ‘‘(b) DEFINITIONS.—As used in this section—

13 ‘‘(1) the term ‘Federal crime of terrorism’

14 means an offense that—

15 ‘‘(A) is calculated to influence or affect the

16 conduct of government by intimidation or coer17 cion, or to retaliate against government con18 duct; and

19 ‘‘(B) is a violation of—

20 ‘‘(i) section 32 (relating to destruction

21 of aircraft or aircraft facilities), 37 (relat22 ing to violence at international airports),

23 81 (relating to arson within special mari24 time and territorial jurisdiction), 175 (re25 lating to biological weapons), 351 (relating

26 to congressional, cabinet, and Supreme
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1 Court assassination, kidnapping, and as2 sault), 831 (relating to nuclear weapons),

3 842(m) or (n) (relating to plastic explo4 sives), 844(e) (relating to certain bomb5 ings), 844(f) or (i) (relating to arson and

6 bombing of certain property), 956 (relating

7 to conspiracy to commit violent acts in for8 eign countries), 1114 (relating to protec9 tion of officers and employees of the Unit10 ed States), 1116 (relating to murder or

11 manslaughter of foreign officials, official

12 guests, or internationally protected per13 sons), 1203 (relating to hostage taking),

14 1361 (relating to injury of Government

15 property), 1362 (relating to destruction of

16 communication lines), 1363 (relating to in17 jury to buildings or property within special

18 maritime and territorial jurisdiction of the

19 United States), 1366 (relating to destruc20 tion of energy facility), 1751 (relating to

21 Presidential and Presidential staff assas22 sination, kidnapping, and assault), 2152

23 (relating to injury of harbor defenses),

24 2155 (relating to destruction of national

25 defense materials, premises, or utilities),
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1 2156 (relating to production of defective

2 national defense materials, premises, or

3 utilities), 2280 (relating to violence against

4 maritime navigation), 2281 (relating to vi5 olence against maritime fixed platforms),

6 2332 (relating to certain homicides and vi7 olence outside the United States), 2332a

8 (relating to use of weapons of mass de9 struction), 2332b (relating to acts of ter10 rorism transcending national boundaries),

11 2339A (relating to providing material sup12 port to terrorists), 2339B (relating to pro13 viding material support to terrorist organi14 zations), or 2340A (relating to torture) of

15 this title;

16 ‘‘(ii) section 236 (relating to sabotage

17 of nuclear facilities or fuel) of the Atomic

18 Energy Act of 1954; or

19 ‘‘(iii) section 46502 (relating to air20 craft piracy), or 60123(b) (relating to de21 struction of interstate gas or hazardous

22 liquid pipeline facility) of title 49; and

23 ‘‘(2) the term ‘child’ means an individual who

24 has not attained the age of 18 years.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of the chapter 113B of title 18, United

3 States Code, that relates to terrorism is amended by in4 serting after the item relating to section 2332a the follow5 ing new item:

‘‘2332b. Acts of terrorism against children.’’.

6 SEC. 106. CONSPIRACY TO HARM PEOPLE AND PROPERTY

7 OVERSEAS.

8 (a) IN GENERAL.—Section 956 of chapter 45 of title

9 18, United States Code, is amended to read as follows:

10 ‘‘§ 956. Conspiracy to kill, kidnap, maim, or injure

11 persons or damage property in a foreign

12 country

13 ‘‘(a)(1) Whoever, within the jurisdiction of the United

14 States, conspires with one or more other persons, regard15 less of where such other person or persons are located,

16 to commit at any place outside the United States an act

17 that would constitute the offense of murder, kidnapping,

18 or maiming if committed in the special maritime and terri19 torial jurisdiction of the United States shall, if any of the

20 conspirators commits an act within the jurisdiction of the

21 United States to effect any object of the conspiracy, be

22 punished as provided in subsection (a)(2).

23 ‘‘(2) The punishment for an offense under subsection

24 (a)(1) of this section is—
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1 ‘‘(A) imprisonment for any term of years or for

2 life if the offense is conspiracy to murder or kidnap;

3 and

4 ‘‘(B) imprisonment for not more than 35 years

5 if the offense is conspiracy to maim.

6 ‘‘(b) Whoever, within the jurisdiction of the United

7 States, conspires with one or more persons, regardless of

8 where such other person or persons are located, to damage

9 or destroy specific property situated within a foreign coun10 try and belonging to a foreign government or to any politi11 cal subdivision thereof with which the United States is at

12 peace, or any railroad, canal, bridge, airport, airfield, or

13 other public utility, public conveyance, or public structure,

14 or any religious, educational, or cultural property so situ15 ated, shall, if any of the conspirators commits an act with16 in the jurisdiction of the United States to effect any object

17 of the conspiracy, be imprisoned not more than 25 years.’’.

18 (b) CLERICAL AMENDMENT.—The item relating to

19 section 956 in the table of sections at the beginning of

20 chapter 45 of title 18, United States Code, is amended

21 to read as follows:

‘‘956. Conspiracy to kill, kidnap, maim, or injure persons or damage property

in a foreign country.’’.
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1 SEC. 107. CLARIFICATION AND EXTENSION OF CRIMINAL

2 JURISDICTION OVER CERTAIN TERRORISM

3 OFFENSES OVERSEAS.

4 (a) AIRCRAFT PIRACY.—Section 46502(b) of title 49,

5 United States Code, is amended—

6 (1) in paragraph (1), by striking ‘‘and later

7 found in the United States’’;

8 (2) so that paragraph (2) reads as follows:

9 ‘‘(2) There is jurisdiction over the offense in para10 graph (1) if—

11 ‘‘(A) a national of the United States was

12 aboard the aircraft;

13 ‘‘(B) an offender is a national of the United

14 States; or

15 ‘‘(C) an offender is afterwards found in the

16 United States.’’; and

17 (3) by inserting after paragraph (2) the follow18 ing:

19 ‘‘(3) For purposes of this subsection, the term ‘na20 tional of the United States’ has the meaning prescribed

21 in section 101(a)(22) of the Immigration and Nationality

22 Act (8 U.S.C. 1101(a)(22)).’’.

23 (b) DESTRUCTION OF AIRCRAFT OR AIRCRAFT FA24 CILITIES.—Section 32(b) of title 18, United States Code,

25 is amended—
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1 (1) by striking ‘‘, if the offender is later found

2 in the United States,’’; and

3 (2) by inserting at the end the following:

4 ‘‘There is jurisdiction over an offense under this

5 subsection if a national of the United States was on

6 board, or would have been on board, the aircraft; an

7 offender is a national of the United States; or an of8 fender is afterwards found in the United States. For

9 purposes of this subsection, the term ‘national of the

10 United States’ has the meaning prescribed in section

11 101(a)(22) of the Immigration and Nationality

12 Act.’’.

13 (c) MURDER OF FOREIGN OFFICIALS AND CERTAIN

14 OTHER PERSONS.—Section 1116 of title 18, United

15 States Code, is amended—

16 (1) in subsection (b), by adding at the end the

17 following:

18 ‘‘(7) ‘National of the United States’ has the

19 meaning prescribed in section 101(a)(22) of the Im20 migration and Nationality Act (8 U.S.C.

21 1101(a)(22)).’’; and

22 (2) in subsection (c), by striking the first sen23 tence and inserting the following: ‘‘If the victim of

24 an offense under subsection (a) is an internationally

25 protected person outside the United States, the
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1 United States may exercise jurisdiction over the of2 fense if (1) the victim is a representative, officer,

3 employee, or agent of the United States, (2) an of4 fender is a national of the United States, or (3) an

5 offender is afterwards found in the United States.’’.

6 (d) PROTECTION OF FOREIGN OFFICIALS AND CER7 TAIN OTHER PERSONS.—Section 112 of title 18, United

8 States Code, is amended—

9 (1) in subsection (c), by inserting ‘‘ ‘national of

10 the United States’,’’ before ‘‘and’’; and

11 (2) in subsection (e), by striking the first sen12 tence and inserting the following: ‘‘If the victim of

13 an offense under subsection (a) is an internationally

14 protected person outside the United States, the

15 United States may exercise jurisdiction over the of16 fense if (1) the victim is a representative, officer,

17 employee, or agent of the United States, (2) an of18 fender is a national of the United States, or (3) an

19 offender is afterwards found in the United States.’’.

20 (e) THREATS AND EXTORTION AGAINST FOREIGN

21 OFFICIALS AND CERTAIN OTHER PERSONS.—Section 878

22 of title 18, United States Code, is amended—

23 (1) in subsection (c), by inserting ‘‘ ‘national of

24 the United States’,’’ before ‘‘and’’; and
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1 (2) in subsection (d), by striking the first sen2 tence and inserting the following: ‘‘If the victim of

3 an offense under subsection (a) is an internationally

4 protected person outside the United States, the

5 United States may exercise jurisdiction over the of6 fense if (1) the victim is a representative, officer,

7 employee, or agent of the United States, (2) an of8 fender is a national of the United States, or (3) an

9 offender is afterwards found in the United States.’’.

10 (f) KIDNAPPING OF INTERNATIONALLY PROTECTED

11 PERSONS.—Section 1201(e) of title 18, United States

12 Code, is amended—

13 (1) by striking the first sentence and inserting

14 the following: ‘‘If the victim of an offense under sub15 section (a) is an internationally protected person

16 outside the United States, the United States may

17 exercise jurisdiction over the offense if (1) the victim

18 is a representative, officer, employee, or agent of the

19 United States, (2) an offender is a national of the

20 United States, or (3) an offender is afterwards

21 found in the United States.’’; and

22 (2) by adding at the end the following: ‘‘For

23 purposes of this subsection, the term ‘national of the

24 United States’ has the meaning prescribed in section
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1 101(a)(22) of the Immigration and Nationality Act

2 (8 U.S.C. 1101(a)(22)).’’.

3 (g) VIOLENCE AT INTERNATIONAL AIRPORTS.—Sec4 tion 37(b)(2) of title 18, United States Code, is

5 amended—

6 (1) by inserting ‘‘(A)’’ before ‘‘the offender is

7 later found in the United States’’; and

8 (2) by inserting ‘‘; or (B) an offender or a vic9 tim is a national of the United States (as defined in

10 section 101(a)(22) of the Immigration and National11 ity Act (8 U.S.C. 1101(a)(22)))’’ after ‘‘the offender

12 is later found in the United States’’.

13 (h) BIOLOGICAL WEAPONS.—Section 178 of title 18,

14 United States Code, is amended—

15 (1) by striking ‘‘and’’ at the end of paragraph

16 (3);

17 (2) by striking the period at the end of para18 graph (4) and inserting ‘‘; and’’; and

19 (3) by adding the following at the end:

20 ‘‘(5) the term ‘national of the United States’

21 has the meaning prescribed in section 101(a)(22) of

22 the Immigration and Nationality Act (8 U.S.C.

23 1101(a)(22)).’’.
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1 SEC. 108. EXPANSION AND MODIFICATION OF WEAPONS OF

2 MASS DESTRUCTION STATUTE.

3 Section 2332a of title 18, United States Code, is

4 amended—

5 (1) in subsection (a)—

6 (A) by inserting ‘‘AGAINST A NATIONAL

7 OR WITHIN THE UNITED STATES’’ after ‘‘OF8 FENSE’’;

9 (B) by inserting ‘‘, without lawful author10 ity’’ after ‘‘A person who’’;

11 (C) by inserting ‘‘threatens,’’ before ‘‘at12 tempts or conspires to use, a weapon of mass

13 destruction’’; and

14 (D) by inserting ‘‘and the results of such

15 use affect interstate or foreign commerce or, in

16 the case of a threat, attempt, or conspiracy,

17 would have affected interstate or foreign com18 merce’’ before the semicolon at the end of para19 graph (2);

20 (2) in subsection (b)(2)(A), by striking ‘‘section

21 921’’ and inserting ‘‘section 921(a)(4) (other than

22 subparagraphs (B) and (C))’’;

23 (3) in subsection (b), so that subparagraph (B)

24 of paragraph (2) reads as follows:

25 ‘‘(B) any weapon that is designed to cause

26 death or serious bodily injury through the re-
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1 lease, dissemination, or impact of toxic or poi2 sonous chemicals, or their precursors;’’;

3 (4) by redesignating subsection (b) as sub4 section (c); and

5 (5) by inserting after subsection (a) the follow6 ing new subsection:

7 ‘‘(b) OFFENSE BY NATIONAL OUTSIDE THE UNITED

8 STATES.—Any national of the United States who, without

9 lawful authority and outside the United States, uses, or

10 threatens, attempts, or conspires to use, a weapon of mass

11 destruction shall be imprisoned for any term of years or

12 for life.’’.

13 SEC. 109. ADDITION OF OFFENSES TO THE MONEY LAUN14 DERING STATUTE.

15 (a) MURDER AND DESTRUCTION OF PROPERTY.—

16 Section 1956(c)(7)(B)(ii) of title 18, United States Code,

17 is amended by striking ‘‘or extortion;’’ and inserting ‘‘ex18 tortion, murder, or destruction of property by means of

19 explosive or fire;’’.

20 (b) SPECIFIC OFFENSES.—Section 1956(c)(7)(D) of

21 title 18, United States Code, is amended—

22 (1) by inserting after ‘‘an offense under’’ the

23 following: ‘‘section 32 (relating to the destruction of

24 aircraft), section 37 (relating to violence at inter25 national airports), section 115 (relating to influenc-
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1 ing, impeding, or retaliating against a Federal offi2 cial by threatening or injuring a family member),’’;

3 (2) by inserting after ‘‘section 215 (relating to

4 commissions or gifts for procuring loans),’’ the fol5 lowing: ‘‘section 351 (relating to Congressional or

6 Cabinet officer assassination),’’;

7 (3) by inserting after ‘‘section 793, 794, or 798

8 (relating to espionage),’’ the following: ‘‘section 831

9 (relating to prohibited transactions involving nuclear

10 materials), section 844 (f) or (i) (relating to destruc11 tion by explosives or fire of Government property or

12 property affecting interstate or foreign commerce),’’;

13 (4) by inserting after ‘‘section 875 (relating to

14 interstate communications),’’ the following: ‘‘section

15 956 (relating to conspiracy to kill, kidnap, maim, or

16 injure certain property in a foreign country),’’;

17 (5) by inserting after ‘‘1032 (relating to con18 cealment of assets from conservator, receiver, or liq19 uidating agent of financial institution),’’ the follow20 ing: ‘‘section 1111 (relating to murder), section

21 1114 (relating to protection of officers and employ22 ees of the United States), section 1116 (relating to

23 murder of foreign officials, official guests, or inter24 nationally protected persons),’’;
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1 (6) by inserting after ‘‘section 1203 (relating to

2 hostage taking),’’ the following: ‘‘section 1361 (relat3 ing to willful injury of Government property), sec4 tion 1363 (relating to destruction of property within

5 the special maritime and territorial jurisdiction),’’;

6 (7) by inserting after ‘‘section 1708 (theft from

7 the mail),’’ the following: ‘‘section 1751 (relating to

8 Presidential assassination),’’;

9 (8) by inserting after ‘‘2114 (relating to bank

10 and postal robbery and theft),’’ the following: ‘‘sec11 tion 2280 (relating to violence against maritime

12 navigation), section 2281 (relating to violence

13 against maritime fixed platforms),’’; and

14 (9) by striking ‘‘of this title’’ and inserting the

15 following: ‘‘section 2332 (relating to terrorist acts

16 abroad against United States nationals), section

17 2332a (relating to use of weapons of mass destruc18 tion), section 2332c (relating to international terror19 ist acts transcending national boundaries), section

20 2339A (relating to providing material support to ter21 rorists) of this title, section 46502 of title 49, Unit22 ed States Code’’.
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1 SEC. 110. EXPANSION OF FEDERAL JURISDICTION OVER

2 BOMB THREATS.

3 Section 844(e) of title 18, United States Code, is

4 amended by striking ‘‘commerce,’’ and inserting ‘‘inter5 state or foreign commerce, or in or affecting interstate or

6 foreign commerce,’’.

7 SEC. 111. CLARIFICATION OF MARITIME VIOLENCE JURIS8 DICTION.

9 Section 2280(b)(1)(A) of title 18, United States

10 Code, is amended—

11 (1) in clause (ii), by striking ‘‘and the activity

12 is not prohibited as a crime by the State in which

13 the activity takes place’’; and

14 (2) in clause (iii), by striking ‘‘the activity takes

15 place on a ship flying the flag of a foreign country

16 or outside the United States,’’.

17 SEC. 112. POSSESSION OF STOLEN EXPLOSIVES PROHIB18 ITED.

19 Section 842(h) of title 18, United States Code, is

20 amended to read as follows:

21 ‘‘(h) It shall be unlawful for any person to receive,

22 possess, transport, ship, conceal, store, barter, sell, dispose

23 of, or pledge or accept as security for a loan, any stolen

24 explosive materials which are moving as, which are part

25 of, which constitute, or which have been shipped or trans26 ported in, interstate or foreign commerce, either before or
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1 after such materials were stolen, knowing or having rea2 sonable cause to believe that the explosive materials were

3 stolen.’’.

4 TITLE II—INCREASED

5 PENALTIES

6 SEC. 201. PENALTIES FOR CERTAIN EXPLOSIVES OF7 FENSES.

8 (a) INCREASED PENALTIES FOR DAMAGING CERTAIN

9 PROPERTY.—Section 844(f) of title 18, United States

10 Code, is amended to read as follows:

11 ‘‘(f) Whoever damages or destroys, or attempts to

12 damage or destroy, by means of fire or an explosive, any

13 personal or real property in whole or in part owned, pos14 sessed, or used by, or leased to, the United States, or any

15 department or agency thereof, or any institution or organi16 zation receiving Federal financial assistance shall be fined

17 under this title or imprisoned for not more than 25 years,

18 or both, but—

19 ‘‘(1) if personal injury results to any person

20 other than the offender, the term of imprisonment

21 shall be not more than 40 years;

22 ‘‘(2) if fire or an explosive is used and its use

23 creates a substantial risk of serious bodily injury to

24 any person other than the offender, the term of im25 prisonment shall not be more than 45 years; and
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1 ‘‘(3) if death results to any person other than

2 the offender, the offender shall be subject to impris3 onment for any term of years, or for life.’’.

4 (b) CONFORMING AMENDMENT.—Section 81 of title

5 18, United States Code, is amended by striking ‘‘fined

6 under this title or imprisoned not more than five years,

7 or both’’ and inserting ‘‘imprisoned not more than 25

8 years or fined the greater of the fine under this title or

9 the cost of repairing or replacing any property that is

10 damaged or destroyed, or both’’.

11 (c) STATUTE OF LIMITATION FOR ARSON OF12 FENSES.—

13 (1) Chapter 213 of title 18, United States

14 Code, is amended by adding at the end the follow15 ing:

16 ‘‘§ 3295. Arson offenses

17 ‘‘No person shall be prosecuted, tried, or punished

18 for any non-capital offense under section 81 or subsection

19 (f), (h), or (i) of section 844 of this title unless the indict20 ment is found or the information is instituted within 7

21 years after the date on which the offense was committed.’’.

22 (2) The table of sections at the beginning of

23 chapter 213 of title 18, United States Code, is

24 amended by adding at the end the following new

25 item:

‘‘3295. Arson offenses.’’.
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1 (3) Section 844(i) of title 18, United States

2 Code, is amended by striking the last sentence.

3 SEC. 202. INCREASED PENALTY FOR EXPLOSIVE CONSPIR4 ACIES.

5 Section 844 of title 18, United States Code, is

6 amended by adding at the end the following:

7 ‘‘(n) Except as otherwise provided in this section, a

8 person who conspires to commit any offense defined in this

9 chapter shall be subject to the same penalties (other than

10 the penalty of death) as those prescribed for the offense

11 the commission of which was the object of the conspir12 acy.’’.

13 SEC. 203. INCREASED AND ALTERNATE CONSPIRACY PEN14 ALTIES FOR TERRORISM OFFENSES.

15 (a) TITLE 18 OFFENSES.—

16 (1) Sections 32(a)(7), 32(b)(4), 37(a),

17 115(a)(1)(A), 115(a)(2), 1203(a), 2280(a)(1)(H),

18 and 2281(a)(1)(F) of title 18, United States Code,

19 are each amended by inserting ‘‘or conspires’’ after

20 ‘‘attempts’’.

21 (2) Section 115(b)(2) of title 18, United States

22 Code, is amended by striking ‘‘or attempted kidnap23 ping’’ both places it appears and inserting ‘‘, at24 tempted kidnapping, or conspiracy to kidnap’’.
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1 (3)(A) Section 115(b)(3) of title 18, United

2 States Code, is amended by striking ‘‘or attempted

3 murder’’ and inserting ‘‘, attempted murder, or con4 spiracy to murder’’.

5 (B) Section 115(b)(3) of title 18, United States

6 Code, is amended by striking ‘‘and 1113’’ and in7 serting ‘‘, 1113, and 1117’’.

8 (4) Section 175(a) of title 18, United States

9 Code, is amended by inserting ‘‘or conspires to do

10 so,’’ after ‘‘any organization to do so,’’.

11 (b) AIRCRAFT PIRACY.—

12 (1) Section 46502(a)(2) of title 49, United

13 States Code, is amended by inserting ‘‘or conspir14 ing’’ after ‘‘attempting’’.

15 (2) Section 46502(b)(1) of title 49, United

16 States Code, is amended by inserting ‘‘or conspiring

17 to commit’’ after ‘‘committing’’.

18 SEC. 204. MANDATORY PENALTY FOR TRANSFERRING AN

19 EXPLOSIVE MATERIAL KNOWING THAT IT

20 WILL BE USED TO COMMIT A CRIME OF VIO21 LENCE.

22 Section 844 of title 18, United States Code, is

23 amended by adding at the end the following:

24 ‘‘(o) Whoever knowingly transfers any explosive ma25 terials, knowing that such explosive materials will be used
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1 to commit a crime of violence (as defined in section

2 924(c)(3) of this title) or drug trafficking crime (as de3 fined in section 924(c)(2) of this title) shall be subject to

4 the same penalties as may be imposed under subsection

5 (h) for a first conviction for the use or carrying of the

6 explosive materials.’’.

7 TITLE III—INVESTIGATIVE

8 TOOLS

9 SEC. 301. STUDY OF TAGGING EXPLOSIVE MATERIALS, DE10 TECTION OF EXPLOSIVES AND EXPLOSIVE

11 MATERIALS, RENDERING EXPLOSIVE COMPO12 NENTS INERT, AND IMPOSING CONTROLS OF

13 PRECURSORS OF EXPLOSIVES.

14 (a) STUDY.—The Secretary of the Treasury, in con15 sultation with other Federal, State and local officials with

16 expertise in this area and such other individuals as the

17 Secretary of the Treasury deems appropriate, shall con18 duct a study concerning—

19 (1) the tagging of explosive materials for pur20 poses of detection and identification;

21 (2) technology for devices to improve the detec22 tion of explosives materials;

23 (3) whether common chemicals used to manu24 facture explosive materials can be rendered inert and

25 whether it is feasible to require it; and
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1 (4) whether controls can be imposed on certain

2 precursor chemicals used to manufacture explosive

3 materials and whether it is feasible to require it.

4 (b) REPORT.—Not later than 180 days after the date

5 of the enactment of this Act, the Secretary shall submit

6 to the Congress a report that contains the results of the

7 study required by this section. The Secretary shall make

8 the report available to the public.

9 (c) LIMITATION.—The study under this section shall

10 not include black powder or smokeless powder among the

11 explosive materials it concerns.

12 SEC. 302. REQUIREMENT TO PRESERVE RECORD EVI13 DENCE.

14 Section 2703 of title 18, United States Code, is

15 amended by adding at the end the following:

16 ‘‘(f) REQUIREMENT TO PRESERVE EVIDENCE.—A

17 provider of wire or electronic communication services or

18 a remote computing service, upon the request of a govern19 mental entity, shall take all necessary steps to preserve

20 records, and other evidence in its possession pending the

21 issuance of a court order or other process. Such records

22 shall be retained for a period of 90 days, which period

23 shall be extended for an additional 90-day period upon a

24 renewed request by the governmental entity.’’.
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1 SEC. 303. DETENTION HEARING.

2 Section 3142(f) of title 18, United States Code, is

3 amended by inserting ‘‘(not including any intermediate

4 Saturday, Sunday, or legal holiday)’’ after ‘‘five days’’ and

5 after ‘‘three days’’.

6 SEC. 304. REWARD AUTHORITY OF THE ATTORNEY GEN7 ERAL.

8 (a) IN GENERAL.—Title 18, United States Code, is

9 amended by striking sections 3059 through 3059A and in10 serting the following:

11 ‘‘§ 3059. Reward authority of the Attorney General

12 ‘‘(a) The Attorney General may pay rewards and re13 ceive from any department or agency, funds for the pay14 ment of rewards under this section, to any individual who

15 provides any information unknown to the Government

16 leading to the arrest or prosecution of any individual for

17 Federal felony offenses.

18 ‘‘(b) If the reward exceeds $100,000, the Attorney

19 General shall give notice of that fact to the Senate and

20 the House of Representatives not later than 30 days be21 fore authorizing the payment of the reward.

22 ‘‘(c) A determination made by the Attorney General

23 as to whether to authorize an award under this section

24 and as to the amount of any reward authorized shall not

25 be subject to judicial review.
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1 ‘‘(d) If the Attorney General determines that the

2 identity of the recipient of a reward or of the members

3 of the recipient’s immediate family must be protected, the

4 Attorney General may take such measures in connection

5 with the payment of the reward as the Attorney General

6 deems necessary to effect such protection.

7 ‘‘(e) No officer or employee of any governmental en8 tity may receive a reward under this section for conduct

9 in performance of his or her official duties.

10 ‘‘(f) Any individual (and the immediate family of such

11 individual) who furnishes information which would justify

12 a reward under this section or a reward by the Secretary

13 of State under section 36 of the State Department Basic

14 Authorities Act of 1956 may, in the discretion of the At15 torney General, participate in the Attorney General’s wit16 ness security program under chapter 224 of this title.’’.

17 (b) CLERICAL AMENDMENT.—The table of sections

18 at the beginning of chapter 203 of title 18, United States

19 Code, is amended by striking the items relating to section

20 3059 and 3059A and inserting the following new item:

‘‘3059. Reward authority of the Attorney General.’’.

21 (c) CONFORMING AMENDMENT.—Section 1751 of

22 title 18, United States Code, is amended by striking sub23 section (g).
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1 SEC. 305. PROTECTION OF FEDERAL GOVERNMENT BUILD2 INGS IN THE DISTRICT OF COLUMBIA.

3 The Attorney General is authorized—

4 (1) to prohibit vehicles from parking or stand5 ing on any street or roadway adjacent to any build6 ing in the District of Columbia which is in whole or

7 in part owned, possessed, used by, or leased to the

8 Federal Government and used by Federal law en9 forcement authorities; and

10 (2) to prohibit any person or entity from con11 ducting business on any property immediately adja12 cent to any such building.

13 SEC. 306. STUDY OF THEFTS FROM ARMORIES; REPORT TO

14 THE CONGRESS.

15 (a) STUDY.—The Attorney General of the United

16 States shall conduct a study of the extent of thefts from

17 military arsenals (including National Guard armories) of

18 firearms, explosives, and other materials that are poten19 tially useful to terrorists.

20 (b) REPORT TO THE CONGRESS.—Within 6 months

21 after the date of the enactment of this Act, the Attorney

22 General shall submit to the Congress a report on the study

23 required by subsection (a).
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1 TITLE IV—NUCLEAR MATERIALS

2 SEC. 401. EXPANSION OF NUCLEAR MATERIALS PROHIBI3 TIONS.

4 Section 831 of title 18, United States Code, is

5 amended—

6 (1) in subsection (a), by striking ‘‘nuclear mate7 rial’’ each place it appears and inserting ‘‘nuclear

8 material or nuclear byproduct material’’;

9 (2) in subsection (a)(1)(A), by inserting ‘‘or the

10 environment’’ after ‘‘property’’;

11 (3) so that subsection (a)(1)(B) reads as fol12 lows:

13 ‘‘(B)(i) circumstances exist which are likely

14 to cause the death of or serious bodily injury to

15 any person or substantial damage to property

16 or the environment; or (ii) such circumstances

17 are represented to the defendant to exist;’’;

18 (4) in subsection (a)(6), by inserting ‘‘or the

19 environment’’ after ‘‘property’’;

20 (5) so that subsection (c)(2) reads as follows:

21 ‘‘(2) an offender or a victim is a national of the

22 United States or a United States corporation or

23 other legal entity;’’;
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1 (6) in subsection (c)(3), by striking ‘‘at the

2 time of the offense the nuclear material is in use,

3 storage, or transport, for peaceful purposes, and’’;

4 (7) by striking ‘‘or’’ at the end of subsection

5 (c)(3);

6 (8) in subsection (c)(4), by striking ‘‘nuclear

7 material for peaceful purposes’’ and inserting ‘‘nu8 clear material or nuclear byproduct material’’;

9 (9) by striking the period at the end of sub10 section (c)(4) and inserting ‘‘; or’’;

11 (10) by adding at the end of subsection (c) the

12 following:

13 ‘‘(5) the governmental entity under subsection

14 (a)(5) is the United States or the threat under sub15 section (a)(6) is directed at the United States.’’;

16 (11) in subsection (f)(1)(A), by striking ‘‘with

17 an isotopic concentration not in excess of 80 percent

18 plutonium 238’’;

19 (12) in subsection (f)(1)(C) by inserting ‘‘en20 riched uranium, defined as’’ before ‘‘uranium’’;

21 (13) in subsection (f), by redesignating para22 graphs (2), (3), and (4) as paragraphs (3), (4), and

23 (5), respectively;

24 (14) by inserting after subsection (f)(1) the

25 following:
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1 ‘‘(2) the term ‘nuclear byproduct material’

2 means any material containing any radioactive iso3 tope created through an irradiation process in the

4 operation of a nuclear reactor or accelerator;’’;

5 (15) by striking ‘‘and’’ at the end of subsection

6 (f)(4), as redesignated;

7 (16) by striking the period at the end of sub8 section (f)(5), as redesignated, and inserting a semi9 colon; and

10 (17) by adding at the end of subsection (f) the

11 following:

12 ‘‘(6) the term ‘national of the United States’

13 has the meaning prescribed in section 101(a)(22) of

14 the Immigration and Nationality Act (8 U.S.C.

15 1101(a)(22)); and

16 ‘‘(7) the term ‘United States corporation or

17 other legal entity’ means any corporation or other

18 entity organized under the laws of the United States

19 or any State, district, commonwealth, territory or

20 possession of the United States.’’.
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1 TITLE V—CONVENTION ON THE

2 MARKING OF PLASTIC EXPLO3 SIVES

4 SEC. 501. DEFINITIONS.

5 Section 841 of title 18, United States Code, is

6 amended by adding at the end the following:

7 ‘‘(o) ‘Convention on the Marking of Plastic Ex8 plosives’ means the Convention on the Marking of

9 Plastic Explosives for the Purpose of Detection,

10 Done at Montreal on 1 March 1991.

11 ‘‘(p) ‘Detection agent’ means any one of the

12 substances specified in this subsection when intro13 duced into a plastic explosive or formulated in such

14 explosive as a part of the manufacturing process in

15 such a manner as to achieve homogeneous distribu16 tion in the finished explosive, including—

17 ‘‘(1) Ethylene glycol dinitrate (EGDN),

18 C2H4(NO3)2, molecular weight 152, when the

19 minimum concentration in the finished explosive

20 is 0.2 percent by mass;

21 ‘‘(2) 2,3-Dimethyl-2,3-dinitrobutane

22 (DMNB), C6H12(NO2)2, molecular weight 176,

23 when the minimum concentration in the fin24 ished explosive is 0.1 percent by mass;
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1 ‘‘(3) Para-Mononitrotoluene (p-MNT),

2 C7H7NO2, molecular weight 137, when the min3 imum concentration in the finished explosive is

4 0.5 percent by mass;

5 ‘‘(4) Ortho-Mononitrotoluene (o-MNT),

6 C7H7NO2, molecular weight 137, when the min7 imum concentration in the finished explosive is

8 0.5 percent by mass; and

9 ‘‘(5) any other substance in the concentra10 tion specified by the Secretary, after consulta11 tion with the Secretary of State and the Sec12 retary of Defense, which has been added to the

13 table in part 2 of the Technical Annex to the

14 Convention on the Marking of Plastic Explo15 sives.

16 ‘‘(q) ‘Plastic explosive’ means an explosive ma17 terial in flexible or elastic sheet form formulated

18 with one or more high explosives which in their pure

19 form have a vapor pressure less than 10¥4 Pa at a

20 temperature of 25°C., is formulated with a binder

21 material, and is as a mixture malleable or flexible at

22 normal room temperature.’’.
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1 SEC. 502. REQUIREMENT OF DETECTION AGENTS FOR

2 PLASTIC EXPLOSIVES.

3 Section 842 of title 18, United States Code, is

4 amended by adding at the end the following:

5 ‘‘(l) It shall be unlawful for any person to manufac6 ture any plastic explosive which does not contain a detec7 tion agent.

8 ‘‘(m)(1) it shall be unlawful for any person to import

9 or bring into the United States, or export from the United

10 States, any plastic explosive which does not contain a de11 tection agent.

12 ‘‘(2) Until the 15-year period that begins with the

13 date of entry into force of the Convention on the Marking

14 of Plastic Explosives with respect to the United States has

15 expired, paragraph (1) shall not apply to the importation

16 or bringing into the United States, or the exportation from

17 the United States, of any plastic explosive which was im18 ported, brought into, or manufactured in the United

19 States before the effective date of this subsection by or

20 on behalf of any agency of the United States performing

21 military or police functions (including any military Re22 serve component) or by or on behalf of the National Guard

23 of any State.

24 ‘‘(n)(1) It shall be unlawful for any person to ship,

25 transport, transfer, receive, or possess any plastic explo26 sive which does not contain a detection agent.
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1 ‘‘(2)(A) During the 3-year period that begins on the

2 effective date of this subsection, paragraph (1) shall not

3 apply to the shipment, transportation, transfer, receipt, or

4 possession of any plastic explosive, which was imported,

5 brought into, or manufactured in the United States before

6 such effective date by any person.

7 ‘‘(B) Until the 15-year period that begins on the date

8 of entry into force of the Convention on the Marking of

9 Plastic Explosives with respect to the United States has

10 expired, paragraph (1) shall not apply to the shipment,

11 transportation, transfer, receipt, or possession of any plas12 tic explosive, which was imported, brought into, or manu13 factured in the United States before the effective date of

14 this subsection by or on behalf of any agency of the United

15 States performing a military or police function (including

16 any military reserve component) or by or on behalf of the

17 National Guard of any State.

18 ‘‘(o) It shall be unlawful for any person, other than

19 an agency of the United States (including any military re20 serve component) or the National Guard of any State, pos21 sessing any plastic explosive on the effective date of this

22 subsection, to fail to report to the Secretary within 120

23 days after the effective date of this subsection the quantity

24 of such explosives possessed, the manufacturer or im25 porter, any marks of identification on such explosives, and
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1 such other information as the Secretary may by regula2 tions prescribe.’’.

3 SEC. 503. CRIMINAL SANCTIONS.

4 Section 844(a) of title 18, United States Code, is

5 amended to read as follows:

6 ‘‘(a) Any person who violates subsections (a) through

7 (i) or (l) through (o) of section 842 of this title shall be

8 fined under this title, imprisoned not more than 10 years,

9 or both.’’.

10 SEC. 504. EXCEPTIONS.

11 Section 845 of title 18, United States Code, is

12 amended—

13 (1) in subsection (a), by inserting ‘‘(l), (m), (n),

14 or (o) of section 842 and subsections’’ after ‘‘sub15 sections’’;

16 (2) in subsection (a)(1), by inserting ‘‘and

17 which pertains to safety’’ before the semicolon; and

18 (3) by adding at the end the following:

19 ‘‘(c) It is an affirmative defense against any proceed20 ing involving subsection (l), (m), (n), or (o) of section 842

21 of this title if the proponent proves by a preponderance

22 of the evidence that the plastic explosive—

23 ‘‘(1) consisted of a small amount of plastic ex24 plosive intended for and utilized solely in lawful—
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1 ‘‘(A) research, development, or testing of

2 new or modified explosive materials;

3 ‘‘(B) training in explosives detection or de4 velopment or testing of explosives detection

5 equipment; or

6 ‘‘(C) forensic science purposes; or

7 ‘‘(2) was plastic explosive which, within 3 years

8 after the effective date of this paragraph, will be or

9 is incorporated in a military device within the terri10 tory of the United States and remains an integral

11 part of such military device, or is intended to be, or

12 is incorporated in, and remains an integral part of

13 a military device that is intended to become, or has

14 become, the property of any agency of the United

15 States performing military or police functions (in16 cluding any military reserve component) or the Na17 tional Guard of any State, wherever such device is

18 located. For purposes of this subsection, the term

19 ‘military device’ includes shells, bombs, projectiles,

20 mines, missiles, rockets, shaped charges, grenades,

21 perforators, and similar devices lawfully manufac22 tured exclusively for military or police purposes.’’.

23 SEC. 505. EFFECTIVE DATE.

24 The amendments made by this title shall take effect

25 1 year after the date of the enactment of this Act.
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1 TITLE VI—REMOVAL PROCE2 DURES FOR ALIEN TERROR3 ISTS

4 SEC. 601. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.

5 (a) IN GENERAL.—The Immigration and Nationality

6 Act is amended—

7 (1) by adding at the end of the table of con8 tents the following:

‘‘TITLE V—SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS

‘‘Sec. 501. Definitions.

‘‘Sec. 502. Establishment of special removal court.

‘‘Sec. 503. Application for initiation of special removal proceeding.

‘‘Sec. 504. Consideration of application.

‘‘Sec. 505. Special removal hearings.

‘‘Sec. 506. Appeals.’’;

9 and

10 (2) by adding at the end the following new title:

11 ‘‘TITLE V—SPECIAL REMOVAL PROCEDURES

12 FOR ALIEN TERRORISTS

13 ‘‘DEFINITIONS

14 ‘‘SEC. 501. In this title:

15 ‘‘(1) The term ‘alien terrorist’ means an alien

16 described in section 241(a)(4)(B).

17 ‘‘(2) The term ‘classified information’ has the

18 meaning given such term in section 1(a) of the Clas19 sified Information Procedures Act (18 U.S.C. App.).
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1 ‘‘(3) The term ‘national security’ has the mean2 ing given such term in section 1(b) of the Classified

3 Information Procedures Act (18 U.S.C. App.).

4 ‘‘(4) The term ‘special removal court’ means

5 the court established under section 502(a).

6 ‘‘(5) The term ‘special removal hearing’ means

7 a hearing under section 505.

8 ‘‘(6) The term ‘special removal proceeding’

9 means a proceeding under this title.

10 ‘‘ESTABLISHMENT OF SPECIAL REMOVAL COURT

11 ‘‘SEC. 502. (a) IN GENERAL.—The Chief Justice of

12 the United States shall publicly designate 5 district court

13 judges from 5 of the United States judicial circuits who

14 shall constitute a court which shall have jurisdiction to

15 conduct all special removal proceedings.

16 ‘‘(b) TERMS.—Each judge designated under sub17 section (a) shall serve for a term of 5 years and shall be

18 eligible for redesignation, except that the four associate

19 judges first so designated shall be designated for terms

20 of one, two, three, and four years so that the term of one

21 judge shall expire each year.

22 ‘‘(c) CHIEF JUDGE.—The Chief Justice shall publicly

23 designate one of the judges of the special removal court

24 to be the chief judge of the court. The chief judge shall

25 promulgate rules to facilitate the functioning of the court
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1 and shall be responsible for assigning the consideration

2 of cases to the various judges.

3 ‘‘(d) EXPEDITIOUS AND CONFIDENTIAL NATURE OF

4 PROCEEDINGS.—The provisions of section 103(c) of the

5 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.

6 1803(c)) shall apply to proceedings under this title in the

7 same manner as they apply to proceedings under such Act.

8 ‘‘APPLICATION FOR INITIATION OF SPECIAL REMOVAL

9 PROCEEDING

10 ‘‘SEC. 503. (a) IN GENERAL.—Whenever the Attor11 ney General has classified information that an alien is an

12 alien terrorist, the Attorney General, in the Attorney Gen13 eral’s discretion, may seek removal of the alien under this

14 title through the filing with the special removal court of

15 a written application described in subsection (b) that seeks

16 an order authorizing a special removal proceeding under

17 this title. The application shall be submitted in camera

18 and ex parte and shall be filed under seal with the court.

19 ‘‘(b) CONTENTS OF APPLICATION.—Each application

20 for a special removal proceeding shall include all of the

21 following:

22 ‘‘(1) The identity of the Department of Justice

23 attorney making the application.

24 ‘‘(2) The approval of the Attorney General or

25 the Deputy Attorney General for the filing of the ap26 plication based upon a finding by that individual
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1 that the application satisfies the criteria and re2 quirements of this title.

3 ‘‘(3) The identity of the alien for whom author4 ization for the special removal proceeding is sought.

5 ‘‘(4) A statement of the facts and cir6 cumstances relied on by the Department of Justice

7 to establish that—

8 ‘‘(A) the alien is an alien terrorist and is

9 physically present in the United States, and

10 ‘‘(B) with respect to such alien, adherence

11 to the provisions of title II regarding the depor12 tation of aliens would pose a risk to the na13 tional security of the United States.

14 ‘‘(5) An oath or affirmation respecting each of

15 the facts and statements described in the previous

16 paragraphs.

17 ‘‘(c) RIGHT TO DISMISS.—The Department of Jus18 tice retains the right to dismiss a removal action under

19 this title at any stage of the proceeding.

20 ‘‘CONSIDERATION OF APPLICATION

21 ‘‘SEC. 504. (a) IN GENERAL.—In the case of an ap22 plication under section 503 to the special removal court,

23 a single judge of the court shall be assigned to consider

24 the application. The judge, in accordance with the rules

25 of the court, shall consider the application and may con26 sider other information, including classified information,
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1 presented under oath or affirmation. The judge shall con2 sider the application (and any hearing thereof) in camera

3 and ex parte. A verbatim record shall be maintained of

4 any such hearing.

5 ‘‘(b) APPROVAL OF ORDER.—The judge shall enter

6 ex parte the order requested in the application if the judge

7 finds, on the basis of such application and such other in8 formation (if any), that there is probable cause to believe

9 that—

10 ‘‘(1) the alien who is the subject of the applica11 tion has been correctly identified and is an alien ter12 rorist, and

13 ‘‘(2) adherence to the provisions of title II re14 garding the deportation of the identified alien would

15 pose a risk to the national security of the United

16 States.

17 ‘‘(c) DENIAL OF ORDER.—If the judge denies the

18 order requested in the application, the judge shall prepare

19 a written statement of the judge’s reasons for the denial.

20 ‘‘SPECIAL REMOVAL HEARINGS

21 ‘‘SEC. 505. (a) IN GENERAL.—In any case in which

22 the application for the order is approved under section

23 504, a special removal hearing shall be conducted under

24 this section for the purpose of determining whether the

25 alien to whom the order pertains should be removed from

26 the United States on the grounds that the alien is an alien
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1 terrorist. Consistent with section 506, the alien shall be

2 given reasonable notice of the nature of the charges

3 against the alien and a general account of the basis for

4 the charges. The alien shall be given notice, reasonable

5 under all the circumstances, of the time and place at which

6 the hearing will be held. The hearing shall be held as expe7 ditiously as possible.

8 ‘‘(b) USE OF SAME JUDGE.—The special removal

9 hearing shall be held before the same judge who granted

10 the order pursuant to section 504 unless that judge is

11 deemed unavailable due to illness or disability by the chief

12 judge of the special removal court, or has died, in which

13 case the chief judge shall assign another judge to conduct

14 the special removal hearing. A decision by the chief judge

15 pursuant to the preceding sentence shall not be subject

16 to review by either the alien or the Department of Justice.

17 ‘‘(c) RIGHTS IN HEARING.—

18 ‘‘(1) PUBLIC HEARING.—The special removal

19 hearing shall be open to the public.

20 ‘‘(2) RIGHT OF COUNSEL.—The alien shall have

21 a right to be present at such hearing and to be rep22 resented by counsel. Any alien financially unable to

23 obtain counsel shall be entitled to have counsel as24 signed to represent the alien. Such counsel shall be

25 appointed by the judge pursuant to the plan for fur-
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1 nishing representation for any person financially un2 able to obtain adequate representation for the dis3 trict in which the hearing is conducted, as provided

4 for in section 3006A of title 18, United States Code.

5 All provisions of that section shall apply and, for

6 purposes of determining the maximum amount of

7 compensation, the matter shall be treated as if a fel8 ony was charged.

9 ‘‘(3) INTRODUCTION OF EVIDENCE.—The alien

10 shall have a right to introduce evidence on the

11 alien’s own behalf.

12 ‘‘(4) EXAMINATION OF WITNESSES.—The alien

13 shall have a reasonable opportunity to examine the

14 evidence against the alien and to cross-examine any

15 witness.

16 ‘‘(5) RECORD.—A verbatim record of the pro17 ceedings and of all testimony and evidence offered or

18 produced at such a hearing shall be kept.

19 ‘‘(6) DECISION BASED ON EVIDENCE AT HEAR20 ING.—The decision of the judge in the hearing shall

21 be based only on the evidence introduced at the

22 hearing.

23 ‘‘(d) SUBPOENAS.—

24 ‘‘(1) REQUEST.—At any time prior to the con25 clusion of the special removal hearing, either the
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1 alien or the Department of Justice may request the

2 judge to issue a subpoena for the presence of a

3 named witness (which subpoena may also command

4 the person to whom it is directed to produce books,

5 papers, documents, or other objects designated

6 therein) upon a satisfactory showing that the pres7 ence of the witness is necessary for the determina8 tion of any material matter.

9 ‘‘(2) PAYMENT FOR ATTENDANCE.—If an appli10 cation for a subpoena by the alien also makes a

11 showing that the alien is financially unable to pay

12 for the attendance of a witness so requested, the

13 court may order the costs incurred by the process

14 and the fees of the witness so subpoenaed to be paid

15 from funds appropriated for the enforcement of title

16 II.

17 ‘‘(3) NATIONWIDE SERVICE.—A subpoena

18 under this subsection may be served anywhere in the

19 United States.

20 ‘‘(4) WITNESS FEES.—A witness subpoenaed

21 under this subsection shall receive the same fees and

22 expenses as a witness subpoenaed in connection with

23 a civil proceeding in a court of the United States.

24 ‘‘(e) TREATMENT OF CLASSIFIED INFORMATION.—

25 The judge shall examine in camera and ex parte any item
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1 of classified information for which the Attorney General

2 determines that public disclosure would pose a risk to the

3 national security of the United States. With respect to

4 such evidence, the Attorney General shall also submit to

5 the court a summary prepared in accordance with sub6 section (f).

7 ‘‘(f) SUMMARY OF CLASSIFIED INFORMATION.—

8 ‘‘(1) The information submitted under sub9 section (e) shall contain a summary of the informa10 tion that does not pose a risk to the national secu11 rity.

12 ‘‘(2) The judge shall approve the summary if

13 the judge finds that the summary will provide the

14 alien with substantially the same ability to make his

15 defense as would disclosure of the specific classified

16 information.

17 ‘‘(3) The Attorney General shall cause to be de18 livered to the alien a copy of the summary approved

19 under paragraph (2).

20 ‘‘(g) DETERMINATION OF DEPORTATION.—If the

21 judge determines that the summary described in sub22 section (f) will provide the alien with substantially the

23 same ability to make his defense as would the disclosure

24 of the specific classified evidence, a determination of de25 portation may be made on the basis of the summary and
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1 any other evidence entered in the public record and to

2 which the alien has been given access. If the judge does

3 not approve the summary, a determination of deportation

4 may be made on the basis of any other evidence entered

5 in the public record and to which the alien has been given

6 access. In either case, such a determination will be made

7 when the Attorney General proves, by clear, convincing,

8 and unequivocal evidence that the alien is subject to depor9 tation because such alien is an alien as described in section

10 241(a)(4)(B).

11 ‘‘APPEALS

12 ‘‘SEC. 506. (a) APPEALS BY ALIEN.—The alien may

13 appeal a determination under section 505(f) or 505(g) to

14 the United States Court of Appeals for the circuit where

15 the alien resides by filing a notice of appeal with such

16 court not later than 30 days after the determination is

17 made.

18 ‘‘(b) APPEALS BY THE UNITED STATES.—The Attor19 ney General may appeal a determination made under sec20 tion 504, or section 505(f) or 505(g) to the Court of Ap21 peals for the circuit where the alien resides, by filing a

22 notice of appeal with such court not later than 20 days

23 after the determination is made under any one of such

24 subsections.

25 ‘‘(c) TRANSMITTAL OF CLASSIFIED INFORMATION.—

26 When requested by the Attorney General, the classified in-
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1 formation in section 506(e) shall be transmitted to the

2 court of appeals under seal.’’.

3 TITLE VII—AUTHORIZATION AND

4 FUNDING

5 SEC. 701. FIREFIGHTER AND EMERGENCY SERVICES TRAIN6 ING.

7 The Attorney General may award grants in consulta8 tion with the Federal Emergency Management Agency for

9 the purposes of providing specialized training or equip10 ment to enhance the capability of metropolitan fire and

11 emergency service departments to respond to terrorist at12 tacks. To carry out the purposes of this section, there is

13 authorized to be appropriated $5,000,000 for fiscal year

14 1996.

15 SEC. 702. ASSISTANCE TO FOREIGN COUNTRIES TO PRO16 CURE EXPLOSIVE DETECTION DEVICES AND

17 OTHER COUNTER-TERRORISM TECHNOLOGY.

18 There is authorized to be appropriated not to exceed

19 $10,000,000 for fiscal years 1996 and 1997 to the Presi20 dent to provide assistance to foreign countries facing an

21 imminent danger of terrorist attack that threatens the na22 tional interest of the United States or puts United States

23 nationals at risk—

24 (1) in obtaining explosive detection devices and

25 other counter-terrorism technology; and
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1 (2) in conducting research and development

2 projects on such technology.

3 SEC. 703. RESEARCH AND DEVELOPMENT TO SUPPORT

4 COUNTER-TERRORISM TECHNOLOGIES.

5 There are authorized to be appropriated not to exceed

6 $10,000,000 to the National Institute of Justice Science

7 and Technology Office—

8 (1) to develop technologies that can be used to

9 combat terrorism, including technologies in the areas

10 of—

11 (A) detection of weapons, explosives,

12 chemicals, and persons;

13 (B) tracking;

14 (C) surveillance;

15 (D) vulnerability assessment; and

16 (E) information technologies;

17 (2) to develop standards to ensure the adequacy

18 of products produced and compatibility with relevant

19 national systems; and

20 (3) to identify and assess requirements for tech21 nologies to assist State and local law enforcement in

22 the national program to combat terrorism.
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1 SEC. 704. AUTHORIZATION OF APPROPRIATIONS.

2 There is authorized to be appropriated for each of

3 fiscal years 1996 through 2000 to the Federal Bureau of

4 Investigation such sums as are necessary—

5 (1) to hire additional personnel, and to procure

6 equipment, to support expanded investigations of do7 mestic and international terrorism activities;

8 (2) to establish a Domestic Counterterrorism

9 Center to coordinate and centralize Federal, State,

10 and local law enforcement efforts in response to

11 major terrorist incidents, and as a clearinghouse for

12 all domestic and international terrorism information

13 and intelligence; and

14 (3) to cover costs associated with providing law

15 enforcement coverage of public events offering the

16 potential of being targeted by domestic or inter17 national terrorists.

18 TITLE VIII—MISCELLANEOUS

19 SEC. 801. STUDY OF STATE LICENSING REQUIREMENTS

20 FOR THE PURCHASE AND USE OF HIGH EX21 PLOSIVES.

22 The Secretary of the Treasury, in consultation with

23 the Federal Bureau of Investigation, shall conduct a study

24 of State licensing requirements for the purchase and use

25 of commercial high explosives, including detonators, deto26 nating cords, dynamite, water gel, emulsion, blasting
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1 agents, and boosters. Not later than 180 days after the

2 date of the enactment of this Act, the Secretary shall re3 port to Congress the results of this study, together with

4 any recommendations the Secretary determines are appro5 priate.

6 SEC. 802. COMPENSATION OF VICTIMS OF TERRORISM.

7 (a) REQUIRING COMPENSATION FOR TERRORIST

8 CRIMES.—Section 1403(d)(3) of the Victims of Crime Act

9 of 1984 (42 U.S.C. 10603(d)(3)) is amended—

10 (1) by inserting ‘‘crimes involving terrorism,’’

11 before ‘‘driving while intoxicated’’; and

12 (2) by inserting a comma after ‘‘driving while

13 intoxicated’’.

14 (b) FOREIGN TERRORISM.—Section 1403(b)(6)(B) of

15 the Victims of Crime Act of 1984 (42 U.S.C.

16 10603(b)(6)(B)) is amended by inserting ‘‘are outside the

17 United States (if the compensable crime is terrorism, as

18 defined in section 2331 of title 18, United States Code),

19 or’’ before ‘‘are States not having’’.

20 SEC. 803. JURISDICTION FOR LAWSUITS AGAINST TERROR21 IST STATES.

22 (a) EXCEPTION TO FOREIGN SOVEREIGN IMMUNITY

23 FOR CERTAIN CASES.—Section 1605 of title 28, United

24 States Code, is amended—

25 (1) in subsection (a)—
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1 (A) by striking ‘‘or’’ at the end of para2 graph (5);

3 (B) by striking the period at the end of

4 paragraph (6) and inserting ‘‘; or’’; and

5 (C) by adding at the end the following new

6 paragraph:

7 ‘‘(7) not otherwise covered by paragraph (2), in

8 which money damages are sought against a foreign

9 state for personal injury or death that was caused

10 by an act of torture, extrajudicial killing, aircraft

11 sabotage, hostage taking, or the provision of mate12 rial support or resources (as defined in section

13 2339A of title 18) for such an act if such act or pro14 vision of material support is engaged in by an offi15 cial, employee, or agent of such foreign state while

16 acting within the scope of his or her office, employ17 ment, or agency, except that—

18 ‘‘(A) an action under this paragraph shall

19 not be maintained unless the act upon which

20 the claim is based occurred while the individual

21 bringing the claim was a national of the United

22 States (as that term is defined in section

23 101(a)(22) of the Immigration and Nationality

24 Act); and
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1 ‘‘(B) the court shall decline to hear a claim

2 under this paragraph if the foreign state

3 against whom the claim has been brought es4 tablishes that procedures and remedies are

5 available in such state which comport with fun6 damental fairness and due process.’’; and

7 (2) by adding at the end the following new sub8 section:

9 ‘‘(e) For purposes of paragraph (7) of subsection

10 (a)—

11 ‘‘(1) the terms ‘torture’ and ‘extrajudicial kill12 ing’ have the meaning given those terms in section

13 3 of the Torture Victim Protection Act of 1991;

14 ‘‘(2) the term ‘hostage taking’ has the meaning

15 given that term in Article 1 of the International

16 Convention Against the Taking of Hostages; and

17 ‘‘(3) the term ‘aircraft sabotage’ has the mean18 ing given that term in Article 1 of the Convention

19 for the Suppression of Unlawful Acts Against the

20 Safety of Civil Aviation.’’.

21 (b) EXCEPTION TO IMMUNITY FROM ATTACH22 MENT.—

23 (1) FOREIGN STATE.—Section 1610(a) of title

24 28, United States Code, is amended—
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1 (A) by striking the period at the end of

2 paragraph (6) and inserting ‘‘, or’’; and

3 (B) by adding at the end the following new

4 paragraph:

5 ‘‘(7) the judgment relates to a claim for which

6 the foreign state is not immune under section

7 1605(a)(7), regardless of whether the property is or

8 was involved with the act upon which the claim is

9 based.’’.

10 (2) AGENCY OR INSTRUMENTALITY.—Section

11 1610(b)(2) of such title is amended—

12 (A) by striking ‘‘or (5)’’ and inserting

13 ‘‘(5), or (7)’’; and

14 (B) by striking ‘‘used for the activity’’ and

15 inserting ‘‘involved in the act’’.

16 (c) APPLICABILITY.—The amendments made by this

17 title shall apply to any cause of action arising before, on,

18 or after the date of the enactment of this Act.

19 SEC. 804. COMPILATION OF STATISTICS RELATING TO IN20 TIMIDATION OF GOVERNMENT EMPLOYEES.

21 (a) FINDINGS.—Congress finds that—

22 (1) threats of violence and acts of violence are

23 mounting against Federal, State, and local govern24 ment employees and their families in attempts to
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1 stop public servants from performing their lawful

2 duties;

3 (2) these acts are a danger to our constitutional

4 form of government; and

5 (3) more information is needed as to the extent

6 of the danger and its nature so that steps can be

7 taken to protect public servants at all levels of gov8 ernment in the performance of their duties.

9 (b) STATISTICS.—The Attorney General shall acquire

10 data, for the calendar year 1990 and each succeeding cal11 endar year about crimes and incidents of threats of vio12 lence and acts of violence against Federal, State, and local

13 government employees in performance of their lawful du14 ties. Such data shall include—

15 (1) in the case of crimes against such employ16 ees, the nature of the crime; and

17 (2) in the case of incidents of threats of vio18 lence and acts of violence, including verbal and im19 plicit threats against such employees, whether or not

20 criminally punishable, which deter the employees

21 from the performance of their jobs.

22 (c) GUIDELINES.—The Attorney General shall estab23 lish guidelines for the collection of such data, including

24 what constitutes sufficient evidence of noncriminal inci25 dents required to be reported.
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1 (d) ANNUAL PUBLISHING.—The Attorney General

2 shall publish an annual summary of the data acquired

3 under this section. Otherwise such data shall be used only

4 for research and statistical purposes.

5 (e) EXEMPTION.—The United States Secret Service

6 is not required to participate in any statistical reporting

7 activity under this section with respect to any direct or

8 indirect threats made against any individual for whom the

9 United States Secret Service is authorized to provide pro10 tection.

11 SEC. 805. VICTIM RESTITUTION ACT.

12 (a) ORDER OF RESTITUTION.—Section 3663 of title

13 18, United States Code, is amended—

14 (1) in subsection (a)—

15 (A) in paragraph (1)—

16 (i) by striking ‘‘may order, in addition

17 to or, in the case of a misdemeanor, in lieu

18 of any other penalty authorized by law’’

19 and inserting ‘‘shall order’’; and

20 (ii) by adding at the end the follow21 ing: ‘‘The requirement of this paragraph

22 does not affect the power of the court to

23 impose any other penalty authorized by

24 law. In the case of a misdemeanor, the
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1 court may impose restitution in lieu of any

2 other penalty authorized by law.’’;

3 (B) by adding at the end the following:

4 ‘‘(4) In addition to ordering restitution to the victim

5 of the offense of which a defendant is convicted, a court

6 may order restitution to any person who, as shown by a

7 preponderance of evidence, was harmed physically, emo8 tionally, or pecuniarily, by unlawful conduct of the defend9 ant during—

10 ‘‘(A) the criminal episode during which the of11 fense occurred; or

12 ‘‘(B) the course of a scheme, conspiracy, or pat13 tern of unlawful activity related to the offense.’’;

14 (2) in subsection (b)(1)(B) by striking ‘‘imprac15 tical’’ and inserting ‘‘impracticable’’;

16 (3) in subsection (b)(2) by inserting ‘‘emotional

17 or’’ after ‘‘resulting in’’;

18 (4) in subsection (b)—

19 (A) by striking ‘‘and’’ at the end of para20 graph (4);

21 (B) by redesignating paragraph (5) as

22 paragraph (6); and

23 (C) by inserting after paragraph (4) the

24 following new paragraph:
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1 ‘‘(5) in any case, reimburse the victim for lost

2 income and necessary child care, transportation, and

3 other expenses related to participation in the inves4 tigation or prosecution of the offense or attendance

5 at proceedings related to the offense; and’’;

6 (5) in subsection (c) by striking ‘‘If the court

7 decides to order restitution under this section, the’’

8 and inserting ‘‘The’’;

9 (6) by striking subsections (d), (e), (f), (g), and

10 (h);

11 (7) by redesignating subsection (i) as subsection

12 (m); and

13 (8) by inserting after subsection (c) the follow14 ing:

15 ‘‘(d)(1) The court shall order restitution to a victim

16 in the full amount of the victim’s losses as determined by

17 the court and without consideration of—

18 ‘‘(A) the economic circumstances of the of19 fender; or

20 ‘‘(B) the fact that a victim has received or is

21 entitled to receive compensation with respect to a

22 loss from insurance or any other source.

23 ‘‘(2) Upon determination of the amount of restitution

24 owed to each victim, the court shall specify in the restitu-
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1 tion order the manner in which and the schedule according

2 to which the restitution is to be paid, in consideration of—

3 ‘‘(A) the financial resources and other assets of

4 the offender;

5 ‘‘(B) projected earnings and other income of

6 the offender; and

7 ‘‘(C) any financial obligations of the offender,

8 including obligations to dependents.

9 ‘‘(3) A restitution order may direct the offender to

10 make a single, lump-sum payment, partial payment at

11 specified intervals, or such in-kind payments as may be

12 agreeable to the victim and the offender. A restitution

13 order shall direct the offender to give appropriate notice

14 to victims and other persons in cases where there are mul15 tiple victims or other persons who may receive restitution,

16 and where the identity of such victims and other persons

17 can be reasonably determined.

18 ‘‘(4) An in-kind payment described in paragraph (3)

19 may be in the form of—

20 ‘‘(A) return of property;

21 ‘‘(B) replacement of property; or

22 ‘‘(C) services rendered to the victim or to a per23 son or organization other than the victim.

24 ‘‘(e) When the court finds that more than 1 offender

25 has contributed to the loss of a victim, the court may make
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1 each offender liable for payment of the full amount of res2 titution or may apportion liability among the offenders to

3 reflect the level of contribution and economic cir4 cumstances of each offender.

5 ‘‘(f) When the court finds that more than 1 victim

6 has sustained a loss requiring restitution by an offender,

7 the court shall order full restitution to each victim but

8 may provide for different payment schedules to reflect the

9 economic circumstances of each victim.

10 ‘‘(g)(1) If the victim has received or is entitled to re11 ceive compensation with respect to a loss from insurance

12 or any other source, the court shall order that restitution

13 be paid to the person who provided or is obligated to pro14 vide the compensation, but the restitution order shall pro15 vide that all restitution to victims required by the order

16 be paid to the victims before any restitution is paid to

17 such a provider of compensation.

18 ‘‘(2) The issuance of a restitution order shall not af19 fect the entitlement of a victim to receive compensation

20 with respect to a loss from insurance or any other source

21 until the payments actually received by the victim under

22 the restitution order fully compensate the victim for the

23 loss, at which time a person that has provided compensa24 tion to the victim shall be entitled to receive any payments

25 remaining to be paid under the restitution order.
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1 ‘‘(3) Any amount paid to a victim under an order of

2 restitution shall be set off against any amount later recov3 ered as compensatory damages by the victim in—

4 ‘‘(A) any Federal civil proceeding; and

5 ‘‘(B) any State civil proceeding, to the extent

6 provided by the law of the State.

7 ‘‘(h) A restitution order shall provide that—

8 ‘‘(1) all fines, penalties, costs, restitution pay9 ments and other forms of transfers of money or

10 property made pursuant to the sentence of the court

11 shall be made by the offender to an entity des12 ignated by the Director of the Administrative Office

13 of the United States Courts for accounting and pay14 ment by the entity in accordance with this sub15 section;

16 ‘‘(2) the entity designated by the Director of

17 the Administrative Office of the United States

18 Courts shall—

19 ‘‘(A) log all transfers in a manner that

20 tracks the offender’s obligations and the cur21 rent status in meeting those obligations, unless,

22 after efforts have been made to enforce the res23 titution order and it appears that compliance

24 cannot be obtained, the court determines that
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1 continued recordkeeping under this subpara2 graph would not be useful; and

3 ‘‘(B) notify the court and the interested

4 parties when an offender is 30 days in arrears

5 in meeting those obligations; and

6 ‘‘(3) the offender shall advise the entity des7 ignated by the Director of the Administrative Office

8 of the United States Courts of any change in the of9 fender’s address during the term of the restitution

10 order.

11 ‘‘(i) A restitution order shall constitute a lien against

12 all property of the offender and may be recorded in any

13 Federal or State office for the recording of liens against

14 real or personal property.

15 ‘‘(j) Compliance with the schedule of payment and

16 other terms of a restitution order shall be a condition of

17 any probation, parole, or other form of release of an of18 fender. If a defendant fails to comply with a restitution

19 order, the court may revoke probation or a term of super20 vised release, modify the term or conditions of probation

21 or a term of supervised release, hold the defendant in con22 tempt of court, enter a restraining order or injunction,

23 order the sale of property of the defendant, accept a per24 formance bond, or take any other action necessary to ob25 tain compliance with the restitution order. In determining
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1 what action to take, the court shall consider the defend2 ant’s employment status, earning ability, financial re3 sources, the willfulness in failing to comply with the res4 titution order, and any other circumstances that may have

5 a bearing on the defendant’s ability to comply with the

6 restitution order.

7 ‘‘(k) An order of restitution may be enforced—

8 ‘‘(1) by the United States—

9 ‘‘(A) in the manner provided for the collec10 tion and payment of fines in subchapter B of

11 chapter 229 of this title; or

12 ‘‘(B) in the same manner as a judgment in

13 a civil action; and

14 ‘‘(2) by a victim named in the order to receive

15 the restitution, in the same manner as a judgment

16 in a civil action.

17 ‘‘(l) A victim or the offender may petition the court

18 at any time to modify a restitution order as appropriate

19 in view of a change in the economic circumstances of the

20 offender.’’.

21 (b) PROCEDURE FOR ISSUING ORDER OF RESTITU22 TION.—Section 3664 of title 18, United States Code, is

23 amended—

24 (1) by striking subsection (a);
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1 (2) by redesignating subsections (b), (c), (d),

2 and (e) as subsections (a), (b), (c), and (d);

3 (3) by amending subsection (a), as redesignated

4 by paragraph (2), to read as follows:

5 ‘‘(a) The court may order the probation service of the

6 court to obtain information pertaining to the amount of

7 loss sustained by any victim as a result of the offense,

8 the financial resources of the defendant, the financial

9 needs and earning ability of the defendant and the defend10 ant’s dependents, and such other factors as the court

11 deems appropriate. The probation service of the court

12 shall include the information collected in the report of

13 presentence investigation or in a separate report, as the

14 court directs.’’; and

15 (4) by adding at the end thereof the following

16 new subsection:

17 ‘‘(e) The court may refer any issue arising in connec18 tion with a proposed order of restitution to a magistrate

19 or special master for proposed findings of fact and rec20 ommendations as to disposition, subject to a de novo de21 termination of the issue by the court.’’.

Æ