(3) striking ‘‘2331’’ and inserting ‘‘2332’’;
(4) striking ‘‘2339’’ and inserting ‘‘2332a’’; and
(5) inserting ‘‘2332b (acts of terrorism tran-
scending national boundaries),’’ after ‘‘(use of weap-
ons of mass destruction),’’.
(d) PRESUMPTIVE DETENTION.—Section 3142(e) of
title 18, United States Code, is amended by inserting ‘‘,
956(a), or 2332b’’ after ‘‘section 924(c)’’.
(e) CONFORMING AMENDMENT.—Section 846 of title
18, United States Code, is amended by striking ‘‘In addi-
tion to any other’’ and all that follows through the end
of the section.
SEC. 105. CONSPIRACY TO HARM PEOPLE AND PROPERTY
OVERSEAS.
(a) IN GENERAL.—Section 956 of chapter 45 of title
18, United States Code, is amended to read as follows:
‘‘§ 956. Conspiracy to kill, kidnap, maim, or injure
persons or damage property in a foreign
country
‘‘(a)(1) Whoever, within the jurisdiction of the United
States, conspires with one or more other persons, regard-
less of where such other person or persons are located,
to commit at any place outside the United States an act
that would constitute the offense of murder, kidnapping,
or maiming if committed in the special maritime and terri-
torial jurisdiction of the United States shall, if any of the
conspirators commits an act within the jurisdiction of the
United States to effect any object of the conspiracy, be
punished as provided in subsection (a)(2).
‘‘(2) The punishment for an offense under subsection
(a)(1) of this section is—
‘‘(A) imprisonment for any term of years or for
life if the offense is conspiracy to murder or kidnap;
and
‘‘(B) imprisonment for not more than 35 years
if the offense is conspiracy to maim.
‘‘(b) Whoever, within the jurisdiction of the United
States, conspires with one or more persons, regardless of
where such other person or persons are located, to damage
or destroy specific property situated within a foreign coun-
try and belonging to a foreign government or to any politi-
cal subdivision thereof with which the United States is at
peace, or any railroad, canal, bridge, airport, airfield, or
other public utility, public conveyance, or public structure,
or any religious, educational, or cultural property so situ-
ated, shall, if any of the conspirators commits an act with-
in the jurisdiction of the United States to effect any object
of the conspiracy, be imprisoned not more than 25 years.’’.
(b) CLERICAL AMENDMENT.—The item relating to
section 956 in the table of sections at the beginning of
chapter 45 of title 18, United States Code, is amended
to read as follows:
‘‘956. Conspiracy to kill, kidnap, maim, or injure persons or damage property
in a foreign country.’’.
SEC. 106. CLARIFICATION AND EXTENSION OF CRIMINAL
JURISDICTION OVER CERTAIN TERRORISM
OFFENSES OVERSEAS.
(a) AIRCRAFT PIRACY.—Section 46502(b) of title 49,
United States Code, is amended—
(1) in paragraph (1), by striking ‘‘and later
found in the United States’’;
(2) so that paragraph (2) reads as follows:
‘‘(2) There is jurisdiction over the offense in para-
graph (1) if—
‘‘(A) a national of the United States was
aboard the aircraft;
‘‘(B) an offender is a national of the United
States; or
‘‘(C) an offender is afterwards found in the
United States.’’; and
(3) by inserting after paragraph (2) the follow-
ing:
‘‘(3) For purposes of this subsection, the term ‘na-
tional of the United States’ has the meaning prescribed
in section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22)).’’.
(b) DESTRUCTION OF AIRCRAFT OR AIRCRAFT FA-
CILITIES.—Section 32(b) of title 18, United States Code,
is amended—
(1) by striking ‘‘, if the offender is later found
in the United States,’’; and
(2) by inserting at the end the following:
‘‘There is jurisdiction over an offense under this
subsection if a national of the United States was on
board, or would have been on board, the aircraft; an
offender is a national of the United States; or an of-
fender is afterwards found in the United States. For
purposes of this subsection, the term ‘national of the
United States’ has the meaning prescribed in section
101(a)(22) of the Immigration and Nationality
Act.’’.
(c) MURDER OF FOREIGN OFFICIALS AND CERTAIN
OTHER PERSONS.—Section 1116 of title 18, United
States Code, is amended—
(1) in subsection (b), by adding at the end the
following:
‘‘(7) ‘National of the United States’ has the
meaning prescribed in section 101(a)(22) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(22)).’’; and
(2) in subsection (c), by striking the first sen-
tence and inserting the following: ‘‘If the victim of
an offense under subsection (a) is an internationally
protected person outside the United States, the
United States may exercise jurisdiction over the of-
fense if (1) the victim is a representative, officer,
employee, or agent of the United States, (2) an of-
fender is a national of the United States, or (3) an
offender is afterwards found in the United States.’’.
(d) PROTECTION OF FOREIGN OFFICIALS AND CER-
TAIN OTHER PERSONS.—Section 112 of title 18, United
States Code, is amended—
(1) in subsection (c), by inserting ‘‘ ‘national of
the United States’,’’ before ‘‘and’’; and
(2) in subsection (e), by striking the first sen-
tence and inserting the following: ‘‘If the victim of
an offense under subsection (a) is an internationally
protected person outside the United States, the
United States any exercise jurisdiction over the of-
fense if (1) the victim is a representative, officer,
employee, or agent of the United States, (2) an of-
fender is a national of the United States, or (3) an
offender is afterwards found in the United States.’’.
(e) THREATS AND EXTORTION AGAINST FOREIGN
OFFICIALS AND CERTAIN OTHER PERSONS.—Section 878
of title 18, United States Code, is amended—
(1) in subsection (c), by inserting ‘‘ ‘national of
the United States’,’’ before ‘‘and’’; and
(2) in subsection (d), by striking the first sen-
tence and inserting the following: ‘‘If the victim of
an offense under subsection (a) is an internationally
protected person outside the United States, the
United States may exercise jurisdiction over the of-
fense if (1) the victim is a representative, officer,
employee, or agent of the United States, (2) an of-
fender is a national of the United States, or (3) an
offender is afterwards found in the United States.’’.
(f) KIDNAPPING OF INTERNATIONALLY PROTECTED
PERSONS.—Section 1201(e) of title 18, United States
Code, is amended—
(1) by striking the first sentence and inserting
the following: ‘‘If the victim of an offense under sub-
section (a) is an internationally protected person
outside the United States, the United States may
exercise jurisdiction over the offense if (1) the victim
is a representative, officer, employee, or agent of the
United States, (2) an offender is a national of the
United States, or (3) an offender is afterwards
found in the United States.’’; and
(2) by adding at the end the following: ‘‘For
purposes of this subsection, the term ‘national of the
United States’ has the meaning prescribed in section
101(a)(22) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(22)).’’.
(g) VIOLENCE AT INTERNATIONAL AIRPORTS.—Sec-
tion 37(b)(2) of title 18, United States Code, is
amended—
(1) by inserting ‘‘(A)’’ before ‘‘the offender is
later found in the United States’’; and
(2) by inserting ‘‘; or (B) an offender or a vic-
tim is a national of the United States (as defined in
section 101(a)(22) of the Immigration and National-
ity Act (8 U.S.C. 1101(a)(22)))’’ after ‘‘the offender
is later found in the United States’’.
(h) BIOLOGICAL WEAPONS.—Section 178 of title 18,
United States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(3);
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and
(3) by adding the following at the end:
‘‘(5) the term ‘national of the United States’
has the meaning prescribed in section 101(a)(22) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).’’.
SEC. 107. EXPANSION AND MODIFICATION OF WEAPONS OF
MASS DESTRUCTION STATUTE.
Section 2332a of title 18, United States Code, is
amended—
(1) in subsection (a)—
(A) by inserting ‘‘AGAINST A NATIONAL
OR WITHIN THE UNITED STATES’’ after ‘‘OF-
FENSE’’;
(B) by inserting ‘‘, without lawful author-
ity’’ after ‘‘A person who’’;
(C) by inserting ‘‘threatens,’’ before ‘‘at-
tempts or conspires to use, a weapon of mass
destruction’’; and
(D) by inserting ‘‘and the results of such
use affect interstate or foreign commerce or, in
the case of a threat, attempt, or conspiracy,
would have affected interstate or foreign com-
merce’’ before the semicolon at the end of para-
graph (2);
(2) in subsection (b)(2)(A), by striking ‘‘section
921’’ and inserting ‘‘section 921(a)(4) (other than
subparagraphs (B) and (C))’’;
(3) in subsection (b), so that subparagraph (B)
of paragraph (2) reads as follows:
‘‘(B) any weapon that is designed to cause
death or serious bodily injury through the re-
lease, dissemination, or impact of toxic or poi-
sonous chemicals, or their precursors;’’;
(4) by redesignating subsection (b) as sub-
section (c); and
(5) by inserting after subsection (a) the follow-
ing new subsection:
‘‘(b) OFFENSE BY NATIONAL OUTSIDE THE UNITED
STATES.—Any national of the United States who, without
lawful authority and outside the United States, uses, or
threatens, attempts, or conspires to use, a weapon of mass
destruction shall be imprisoned for any term of years or
for life, and if death results, shall be punished by death,
or by imprisonment for any term of years or for life.’’.
SEC. 108. ADDITION OF OFFENSES TO THE MONEY LAUN-
DERING STATUTE.
(a) MURDER AND DESTRUCTION OF PROPERTY.—
Section 1956(c)(7)(B)(ii) of title 18, United States Code,
is amended by striking ‘‘or extortion;’’ and inserting ‘‘ex-
tortion, murder, or destruction of property by means of
explosive or fire;’’.
(b) SPECIFIC OFFENSES.—Section 1956(c)(7)(D) of
title 18, United States Code, is amended—
(1) by inserting after ‘‘an offense under’’ the
following: ‘‘section 32 (relating to the destruction of
aircraft), section 37 (relating to violence at inter-
national airports), section 115 (relating to influenc-
ing, impeding, or retaliating against a Federal offi-
cial by threatening or injuring a family member),’’;
(2) by inserting after ‘‘section 215 (relating to
commissions or gifts for procuring loans),’’ the fol-
lowing: ‘‘section 351 (relating to Congressional or
Cabinet officer assassination),’’;
(3) by inserting after ‘‘section 793, 794, or 798
(relating to espionage),’’ the following: ‘‘section 831
(relating to prohibited transactions involving nuclear
materials), section 844 (f) or (i) (relating to destruc-
tion by explosives or fire of Government property or
property affecting interstate or foreign commerce),’’;
(4) by inserting after ‘‘section 875 (relating to
interstate communications),’’ the following: ‘‘section
956 (relating to conspiracy to kill, kidnap, maim, or
injure certain property in a foreign country),’’;
(5) by inserting after ‘‘1032 (relating to con-
cealment of assets from conservator, receiver, or liq-
uidating agent of financial institution),’’ the follow-
ing: ‘‘section 1111 (relating to murder), section
1114 (relating to protection of officers and employ-
ees of the United States), section 1116 (relating to
murder of foreign officials, official guests, or inter-
nationally protected persons),’’;
(6) by inserting after ‘‘section 1203 (relating to
hostage taking),’’ the following: ‘‘section 1361 (relat-
ing to willful injury of Government property), sec-
tion 1363 (relating to destruction of property within
the special maritime and territorial jurisdiction),’’;
(7) by inserting after ‘‘section 1708 (theft from
the mail),’’ the following: ‘‘section 1751 (relating to
Presidential assassination),’’;
(8) by inserting after ‘‘2114 (relating to bank
and postal robbery and theft),’’ the following: ‘‘sec-
tion 2280 (relating to violence against maritime
navigation), section 2281 (relating to violence
against maritime fixed platforms),’’; and
(9) by striking ‘‘of this title’’ and inserting the
following: ‘‘section 2332 (relating to terrorist acts
abroad against United States nationals), section
2332a (relating to use of weapons of mass destruc-
‘‘(h) It shall be unlawful for any person to receive,
possess, transport, ship, conceal, store, barter, sell, dispose
of, or pledge or accept as security for a loan, any stolen
explosive materials which are moving as, which are part
of, which constitute, or which have been shipped or trans-
ported in, interstate or foreign commerce, either before or
after such materials were stolen, knowing or having rea-
sonable cause to believe that the explosive materials were
stolen.’’.
SEC. 112. STUDY TO DETERMINE STANDARDS FOR DETER-
MINING WHAT AMMUNITION IS CAPABLE OF
PENETRATING POLICE BODY ARMOR.
The National Institute of Justice is directed to per-
form a study of, and to recommend to Congress, a meth-
odology for determining what ammunition, designed for
handguns, is capable of penetrating police body armor.
Not later than 6 months after the date of the enactment
of this Act, the National Institute of Justice shall report
to Congress the results of such study and such rec-
ommendations.
TITLE II—INCREASED
PENALTIES
SEC. 201. MANDATORY MINIMUM FOR CERTAIN EXPLO-
SIVES OFFENSES.
(a) INCREASED PENALTIES FOR DAMAGING CERTAIN
PROPERTY.—Section 844(f) of title 18, United States
Code, is amended to read as follows:
‘‘(f) Whoever damages or destroys, or attempts to
damage or destroy, by means of fire or an explosive, any
personal or real property in whole or in part owned, pos-
sessed, or used by, or leased to, the United States, or any
department or agency thereof, or any institution or organi-
zation receiving Federal financial assistance shall be fined
under this title or imprisoned for not more than 25 years,
or both, but—
‘‘(1) if personal injury results to any person
other than the offender, the term of imprisonment
shall be not more than 40 years;
‘‘(2) if fire or an explosive is used and its use
creates a substantial risk of serious bodily injury to
any person other than the offender, the term of im-
prisonment shall not be less than 20 years; and
‘‘(3) if death results to any person other than
the offender, the offender shall be subject to the
death penalty or imprisonment for any term of years
not less than 30, or for life.’’.
(b) CONFORMING AMENDMENT.—Section 81 of title
18, United States Code, is amended by striking ‘‘fined
under this title or imprisoned not more than five years,
or both’’ and inserting ‘‘imprisoned not more than 25
years or fined the greater of the fine under this title or
the cost of repairing or replacing any property that is
damaged or destroyed, or both’’.
(c) STATUTE
OF
LIMITATION
FOR
ARSON
OF-
FENSES.—
(1) Chapter 213 of title 18, United States
Code, is amended by adding at the end the follow-
ing:
‘‘§ 3295. Arson offenses
‘‘No person shall be prosecuted, tried, or punished
for any noncapital offense under section 81 or subsection
(f), (h), or (i) of section 844 of this title unless the indict-
ment is found or the information is instituted within 7
years after the date on which the offense was committed.’’.
(2) The table of sections at the beginning of
chapter 213 of title 18, United States Code, is
amended by adding at the end the following new
item:
‘‘3295. Arson offenses.’’.
(3) Section 844(i) of title 18, United States
Code, is amended by striking the last sentence.
SEC. 202. INCREASED PENALTY FOR EXPLOSIVE CONSPIR-
ACIES.
Section 844 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(n) Except as otherwise provided in this section, a
person who conspires to commit any offense defined in this
chapter shall be subject to the same penalties (other than
the penalty of death) as those prescribed for the offense
the commission of which was the object of the conspir-
acy.’’.
SEC. 203. INCREASED AND ALTERNATE CONSPIRACY PEN-
ALTIES FOR TERRORISM OFFENSES.
(a) TITLE 18 OFFENSES.—
(1) 
Sections 
32(a)(7), 
32(b)(4), 
37(a),
115(a)(1)(A), 115(a)(2), 1203(a), 2280(a)(1)(H),
and 2281(a)(1)(F) of title 18, United States Code,
are each amended by inserting ‘‘or conspires’’ after
‘‘attempts’’.
(2) Section 115(b)(2) of title 18, United States
Code, is amended by striking ‘‘or attempted kidnap-
ping’’ both places it appears and inserting ‘‘, at-
tempted kidnapping, or conspiracy to kidnap’’.
(3)(A) Section 115(b)(3) of title 18, United
States Code, is amended by striking ‘‘or attempted
murder’’ and inserting ‘‘, attempted murder, or con-
spiracy to murder’’.
(B) Section 115(b)(3) of title 18, United States
Code, is amended by striking ‘‘and 1113’’ and in-
serting ‘‘, 1113, and 1117’’.
(4) Section 175(a) of title 18, United States
Code, is amended by inserting ‘‘or conspires to do
so,’’ after ‘‘any organization to do so,’’.
(b) AIRCRAFT PIRACY.—
(1) Section 46502(a)(2) of title 49, United
States Code, is amended by inserting ‘‘or conspir-
ing’’ after ‘‘attempting’’.
(2) Section 46502(b)(1) of title 49, United
States Code, is amended by inserting ‘‘or conspiring
to commit’’ after ‘‘committing’’.
SEC. 204. MANDATORY PENALTY FOR TRANSFERRING A
FIREARM KNOWING THAT IT WILL BE USED
TO COMMIT A CRIME OF VIOLENCE.
Section 924(h) of title 18, United States Code, is
amended—
(1) by inserting ‘‘or having reasonable cause to
believe’’ after ‘‘knowing’’; and
(2) by striking ‘‘imprisoned not more than 10
years, fined in accordance with this title, or both.’’
and inserting ‘‘subject to the same penalties as may
be imposed under subsection (c) for a first convic-
tion for the use or carrying of the firearm.’’.
SEC. 205. MANDATORY PENALTY FOR TRANSFERRING AN
EXPLOSIVE MATERIAL KNOWING THAT IT
WILL BE USED TO COMMIT A CRIME OF VIO-
LENCE.
Section 844 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(o) Whoever knowingly transfers any explosive ma-
terials, knowing or having reasonable cause to believe that
such explosive materials will be used to commit a crime
of violence (as defined in section 924(c)(3) of this title)
or drug trafficking crime (as defined in section 924(c)(2)
of this title) shall be subject to the same penalties as may
be imposed under subsection (h) for a first conviction for
the use or carrying of the explosive materials.’’.
SEC. 206. DIRECTIONS TO SENTENCING COMMISSION.
The United States Sentencing Commission shall
forthwith, in accordance with the procedures set forth in
section 21(a) of the Sentencing Act of 1987, as though
the authority under that section had not expired, amend
the sentencing guidelines so that the chapter 3 adjustment
relating to international terrorism only applies to Federal
crimes of terrorism, as defined in section 2332b(g) of title
18, United States Code.
TITLE III—INVESTIGATIVE
TOOLS
SEC. 301. PEN REGISTERS AND TRAP AND TRACE DEVICES
IN FOREIGN COUNTERINTELLIGENCE INVES-
TIGATIONS.
(a) APPLICATION.—Section 3122(b)(2) of title 18,
United States Code, is amended by inserting ‘‘or foreign
counterintelligence’’ after ‘‘criminal’’.
(b) ORDER.—
(1) Section 3123(a) of title 18, United States
Code, is amended by inserting ‘‘or foreign counter-
intelligence’’ after ‘‘criminal’’.
(2) Section 3123(b)(1) of title 18, United
States Code, is amended in subparagraph (B), by
striking ‘‘criminal’’.
SEC. 302. DISCLOSURE OF CERTAIN CONSUMER REPORTS
TO THE FEDERAL BUREAU OF INVESTIGA-
TION.
(a) IN GENERAL.—The Fair Credit Reporting Act
(15 U.S.C. 1681 et seq.) is amended by adding after sec-
tion 623 the following new section:
‘‘§ 624. Disclosures to FBI for counterintelligence
purposes
‘‘(a) IDENTITY OF FINANCIAL INSTITUTIONS.—Not-
withstanding section 604 or any other provision of this
title, a consumer reporting agency shall furnish to the
Federal Bureau of Investigation the names and addresses
of all financial institutions (as that term is defined in sec-
tion 1101 of the Right to Financial Privacy Act of 1978)
at which a consumer maintains or has maintained an ac-
count, to the extent that information is in the files of the
agency, when presented with a written request for that
information, signed by the Director of the Federal Bureau
of Investigation, or the Director’s designee, which certifies
compliance with this section. The Director or the Direc-
tor’s designee may make such a certification only if the
Director or the Director’s designee has determined in writ-
ing that—
‘‘(1) such information is necessary for the con-
duct of an authorized foreign counterintelligence in-
vestigation; and
‘‘(2) there are specific and articulable facts giv-
ing reason to believe that the consumer—
‘‘(A) is a foreign power (as defined in sec-
tion 101 of the Foreign Intelligence Surveil-
lance Act of 1978) or a person who is not a
United States person (as defined in such sec-
tion 101) and is an official of a foreign power;
or
‘‘(B) is an agent of a foreign power and is
engaging or has engaged in international terror-
ism (as that term is defined in section 101(c)
of the Foreign Intelligence Surveillance Act of
1978) or clandestine intelligence activities that
involve or may involve a violation of criminal
statutes of the United States.
‘‘(b) IDENTIFYING INFORMATION.—Notwithstanding
the provisions of section 604 or any other provision of this
title, a consumer reporting agency shall furnish identifying
information respecting a consumer, limited to name, ad-
dress, former addresses, places of employment, or former
places of employment, to the Federal Bureau of Investiga-
tion when presented with a written request, signed by the
Director or the Director’s designee, which certifies compli-
ance with this subsection. The Director or the Director’s
designee may make such a certification only if the Director
or the Director’s designee has determined in writing
that—
‘‘(1) such information is necessary to the con-
duct of an authorized counterintelligence investiga-
tion; and
‘‘(2) there is information giving reason to be-
lieve that the consumer has been, or is about to be,
in contact with a foreign power or an agent of a for-
eign power (as defined in section 101 of the Foreign
Intelligence Surveillance Act of 1978).
‘‘(c) COURT ORDER FOR DISCLOSURE OF CONSUMER
REPORTS.—Notwithstanding section 604 or any other
provision of this title, if requested in writing by the Direc-
tor of the Federal Bureau of Investigation, or a designee
of the Director, a court may issue an order ex parte direct-
ing a consumer reporting agency to furnish a consumer
report to the Federal Bureau of Investigation, upon a
showing in camera that—
‘‘(1) the consumer report is necessary for the
conduct of an authorized foreign counterintelligence
investigation; and
‘‘(2) there are specific and articulable facts giv-
ing reason to believe that the consumer whose
consumer report is sought—
‘‘(A) is an agent of a foreign power; and
‘‘(B) is engaging or has engaged in inter-
national terrorism (as that term is defined in
section 101(c) of the Foreign Intelligence Sur-
veillance Act of 1978) or clandestine intel-
ligence activities that involve or may involve a
violation of criminal statutes of the United
States.
The terms of an order issued under this subsection shall
not disclose that the order is issued for purposes of a
counterintelligence investigation.
‘‘(d) CONFIDENTIALITY.—No consumer reporting
agency or officer, employee, or agent of a consumer report-
ing agency shall disclose to any person, other than those
officers, employees, or agents of a consumer reporting
agency necessary to fulfill the requirement to disclose in-
formation to the Federal Bureau of Investigation under
this section, that the Federal Bureau of Investigation has
sought or obtained the identity of financial institutions or
a consumer report respecting any consumer under sub-
section (a), (b), or (c) and no consumer reporting agency
or officer, employee, or agent of a consumer reporting
agency shall include in any consumer report any informa-
tion that would indicate that the Federal Bureau of Inves-
tigation has sought or obtained such information or a
consumer report.
‘‘(e) PAYMENT OF FEES.—The Federal Bureau of
Investigation shall, subject to the availability of appropria-
tions, pay to the consumer reporting agency assembling
or providing reports or information in accordance with
procedures established under this section, a fee for reim-
bursement for such costs as are reasonably necessary and
which have been directly incurred in searching, reproduc-
ing, or transporting books, papers, records, or other data
required or requested to be produced under this section.
‘‘(f) LIMIT ON DISSEMINATION.—The Federal Bu-
reau of Investigation may not disseminate information ob-
tained pursuant to this section outside of the Federal Bu-
reau of Investigation, except to other Federal agencies as
may be necessary for the approval or conduct of a foreign
counterintelligence investigation, or, where the informa-
tion concerns a person subject to the Uniform Code of
Military Justice, to appropriate investigative authorities
within the military department concerned as may be nec-
essary for the conduct of a joint foreign counterintel-
ligence investigation.
‘‘(g) RULES OF CONSTRUCTION.—Nothing in this
section shall be construed to prohibit information from
being furnished by the Federal Bureau of Investigation
pursuant to a subpoena or court order, or in connection
with a judicial or administrative proceeding to enforce the
provisions of this Act. Nothing in this section shall be con-
strued to authorize or permit the withholding or informa-
tion from the Congress.
‘‘(h) REPORTS
TO CONGRESS.—On a semiannual
basis, the Attorney General of the United States shall fully
inform the Permanent Select Committee on Intelligence
and the Committee on Banking and Financial Services of
the House of Representatives, and the Select Committee
on Intelligence and the Committee on Banking, Housing,
and Urban Affairs of the Senate concerning all requests
made pursuant to subsections (a), (b), and (c).
‘‘(i) DAMAGES.—Any agency or department of the
United States obtaining or disclosing any consumer re-
ports, records, or information contained therein in viola-
tion of this section is liable to the consumer to whom such
consumer reports, records, or information relate in an
amount equal to the sum of—
‘‘(1) $100, without regard to the volume of
consumer reports, records, or information involved;
‘‘(2) any actual damages sustained by the
consumer as a result of the disclosure;
‘‘(3) if the violation is found to have been will-
ful or intentional, such punitive damages as a court
may allow; and
‘‘(4) in the case of any successful action to en-
force liability under this subsection, the costs of the
action, together with reasonable attorney fees, as de-
termined by the court.
‘‘(j) DISCIPLINARY ACTIONS FOR VIOLATIONS.—If a
court determines that any agency or department of the
United States has violated any provision of this section
and the court finds that the circumstances surrounding
the violation raise questions of whether or not an officer
or employee of the agency or department acted willfully
or intentionally with respect to the violation, the agency
or department shall promptly initiate a proceeding to de-
termine whether or not disciplinary action is warranted
against the officer or employee who was responsible for
the violation.
‘‘(k) GOOD-FAITH
EXCEPTION.—Notwithstanding
any other provision of this title, any consumer reporting
agency or agent or employee thereof making disclosure of
consumer reports or identifying information pursuant to
this subsection in good-faith reliance upon a certification
of the Federal Bureau of Investigation pursuant to provi-
sions of this section shall not be liable to any person for
such disclosure under this title, the constitution of any
State, or any law or regulation of any State or any politi-
cal subdivision of any State.
‘‘(l) LIMITATION
OF REMEDIES.—Notwithstanding
any other provision of this title, the remedies and sanc-
tions set forth in this section shall be the only judicial
remedies and sanctions for violation of this section.
‘‘(m) INJUNCTIVE RELIEF.—In addition to any other
remedy contained in this section, injunctive relief shall be
available to require compliance with the procedures of this
section. In the event of any successful action under this
subsection, costs together with reasonable attorney fees,
as determined by the court, may be recovered.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of the Fair Credit Reporting Act (15
U.S.C. 1681a et seq.) is amended by adding after the item
relating to section 623 the following:
‘‘624. Disclosures to FBI for counterintelligence purposes.’’.
SEC. 303. DISCLOSURE OF BUSINESS RECORDS HELD BY
THIRD PARTIES IN FOREIGN COUNTERINTEL-
LIGENCE CASES.
(a) IN GENERAL.—Title 18, United States Code, is
amended by inserting after chapter 121 the following:
‘‘CHAPTER 122—ACCESS TO CERTAIN
RECORDS
‘‘Sec.
‘‘2720. Disclosure of business records held by third parties in foreign counter-
intelligence cases.
‘‘§ 2720. Disclosure of business records held by third
parties 
in 
foreign 
counterintelligence
cases
‘‘(a)(1) A court or magistrate judge may issue an
order ex parte, upon application by the Director of the
Federal Bureau of Investigation (or the Director’s des-
ignee, whose rank shall be no lower than Assistant Special
Agent in Charge), directing any common carrier, public
accommodation facility, physical storage facility, or vehicle
rental facility to furnish any records in its possession to
the Federal Bureau of Investigation. The court or mag-
istrate judge shall issue the order if the court or mag-
istrate judge finds that—
‘‘(A) such records are necessary for counter-ter-
rorism or foreign counterintelligence purposes; and
‘‘(B) there are specific and articulable facts giv-
ing reason to believe that the person to whom the
records pertain is—
‘‘(i) a foreign power; or
‘‘(ii) an agent of a foreign power and is en-
gaging or has engaged in international terror-
ism (as that term is defined in section 101(c)
of the Foreign Intelligence Surveillance Act of
1978) or clandestine intelligence activities that
involve or may involve a violation of criminal
statutes of the United States.
‘‘(2) An order issued under this subsection shall not
disclose that it is issued for purposes of a counterintel-
ligence investigation.
‘‘(b) No common carrier, public accommodation facil-
ity, physical storage facility, or vehicle rental facility, or
any officer, employee, or agent of such common carrier,
public accommodation facility, physical storage facility, or
vehicle rental facility, shall disclose to any person, other
than those officers, agents, or employees of the common
carrier, public accommodation facility, physical storage fa-
cility, or vehicle rental facility necessary to fulfill the re-
quirement to disclose the information to the Federal Bu-
reau of Investigation under this section.
‘‘(c)(1) The Federal Bureau of Investigation may not
disseminate information obtained pursuant to this section
outside the Federal Bureau of Investigation, except—
‘‘(A) to the Department of Justice or any other
law enforcement agency, as may be necessary for the
approval or conduct of a foreign counterintelligence
investigation; or
‘‘(B) where the information concerns a person
subject to the Uniform Code of Military Justice, to
appropriate investigative authorities within the mili-
tary department concerned as may be necessary for
the conduct of a joint foreign counterintelligence in-
vestigation.
‘‘(2) Any agency or department of the United States
obtaining or disclosing any information in violation of this
paragraph shall be liable to any person harmed by the vio-
lation in an amount equal to the sum of—
‘‘(A) $100 without regard to the volume of in-
formation involved;
‘‘(B) any actual damages sustained by the per-
son harmed as a result of the violation;
‘‘(C) if the violation is willful or intentional,
such punitive damages as a court may allow; and
‘‘(D) in the case of any successful action to en-
force liability under this paragraph, the costs of the
action, together with reasonable attorney fees, as de-
termined by the court.
‘‘(d) If a court determines that any agency or depart-
ment of the United States has violated any provision of
this section and the court finds that the circumstances
surrounding the violation raise questions of whether or not
an officer or employee of the agency or department acted
willfully or intentionally with respect to the violation, the
agency or department shall promptly initiate a proceeding
to determine whether or not disciplinary action is war-
ranted against the officer or employee who was responsible
for the violation.
‘‘(e) As used in this section—
‘‘(1) the term ‘common carrier’ means a loco-
motive, rail carrier, bus carrying passengers, water
common carrier, air common carrier, or private com-
mercial interstate carrier for the delivery of pack-
ages and other objects;
‘‘(2) the term ‘public accommodation facility’
means any inn, hotel, motel, or other establishment
that provides lodging to transient guests;
‘‘(3) the term ‘physical storage facility’ means
any business or entity that provides space for the
storage of goods or materials, or services related to
the storage of goods or materials, to the public or
any segment thereof; and
‘‘(4) the term ‘vehicle rental facility’ means any
person or entity that provides vehicles for rent,
lease, loan, or other similar use, to the public or any
segment thereof.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of part I of title 18, United States Code,
is amended by inserting after the item relating to chapter
121 the following new item:
‘‘122. Access to certain records .................................................... 2720’’.
SEC. 304. STUDY OF TAGGING EXPLOSIVE MATERIALS, DE-
TECTION OF EXPLOSIVES AND EXPLOSIVE
MATERIALS, RENDERING EXPLOSIVE COMPO-
NENTS INERT, AND IMPOSING CONTROLS OF
PRECURSORS OF EXPLOSIVES.
(a) STUDY.—The Attorney General, in consultation
with other Federal, State and local officials with expertise
in this area and such other individuals as the Attorney
General deems appropriate, shall conduct a study concern-
ing—
(1) the tagging of explosive materials for pur-
poses of detection and identification;
(2) technology for devices to improve the detec-
tion of explosives materials;
(3) whether common chemicals used to manu-
facture explosive materials can be rendered inert and
whether it is feasible to require it; and
(4) whether controls can be imposed on certain
precursor chemicals used to manufacture explosive
materials and whether it is feasible to require it.
(b) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Attorney General shall
submit to the Congress a report that contains the results
of the study required by this section. The Attorney Gen-
eral shall make the report available to the public.
SEC. 305. APPLICATION OF STATUTORY EXCLUSIONARY
RULE CONCERNING INTERCEPTED WIRE OR
ORAL COMMUNICATIONS.
Section 2515 of title 18, United States Code, is
amended by adding at the end the following: ‘‘This section
shall not apply to the disclosure by the United States in
a criminal trial or hearing or before a grand jury of the
contents of a wire or oral communication, or evidence de-
rived therefrom, if any law enforcement officers who inter-
cepted the communication or gathered the evidence de-
rived therefrom acted with the reasonably objective belief
that their actions were in compliance with this chapter.’’.
SEC. 306. EXCLUSION OF CERTAIN TYPES OF INFORMATION
FROM WIRETAP-RELATED DEFINITIONS.
(a) DEFINITION
OF
‘‘ELECTRONIC
COMMUNICA-
TION’’.—Section 2510(12) of title 18, United States Code,
is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(B);
(2) by inserting ‘‘or’’ at the end of subpara-
graph (C); and
(3) by adding a new subparagraph (D), as fol-
lows:
‘‘(D) information stored in a communica-
tions system used for the electronic storage and
transfer of funds;’’
(b) DEFINITION OF ‘‘READILY ACCESSIBLE TO THE
GENERAL PUBLIC’’.—Section 2510(16) of title 18, United
States Code, is amended—
(1) by inserting ‘‘or’’ at the end of subpara-
graph (D);
(2) by striking ‘‘or’’ at the end of subparagraph
(E); and
(3) by striking subparagraph (F).
SEC. 307. REQUIREMENT FOR PERIODIC REPORT.
Subsection (6) of section 2518 of title 18, United
States Code is amended to read as follows:
‘‘(6) Whenever an order authorizing interception is
entered under this chapter, the order shall require the at-
torney for the Government to file a report with the judge
who issued the order showing what progress has been
made toward achievement of the authorized objective and
the need for continued interception. Such report shall be
made 15 days after the interception has begun. No other
reports shall be made to the judge under this subsection.’’.
SEC. 308. ACCESS TO TELEPHONE BILLING RECORDS.
(a) SECTION 2709.—Section 2709(b) of title 18,
United States Code, is amended—
(1) in paragraph (1)(A), by inserting ‘‘local and
long distance’’ before ‘‘toll billing records’’;
(2) by striking ‘‘and’’ at the end of paragraph
(1);
(3) by striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and
(4) by adding at the end a new paragraph (3),
as follows:
‘‘(3) request the name, address, length of serv-
ice, and local and long distance toll billing records
of a person or entity if the Director or the Director’s
designee (in a position not lower than Deputy As-
sistant Director) certifies in writing to the wire or
electronic communication service provider to which
the request is made that the information sought is
relevant to an authorized international terrorism in-
vestigation (as defined in section 2331 of this
title).’’.
(b) SECTION 2703.—Section 2703(c)(1)(C) of title
18, United States Code, is amended by inserting ‘‘local
and long distance’’ before ‘‘telephone toll billing records’’.
(c) CIVIL REMEDY.—Section 2707 of title 18, United
States Code, is amended—
(1) in subsection (a), by striking ‘‘customer’’
and inserting ‘‘any other person’’;
(2) in subsection (c), inserting before the period
at the end the following: ‘‘, and if the violation is
willful or intentional, such punitive damages as the
court may allow, and, in the case of any successful
action to enforce liability under this section, the
costs of the action, together with reasonable attorney
fees, as determined by the court’’; and
(3) by adding at the end the following:
‘‘(f) DISCIPLINARY ACTIONS FOR VIOLATIONS.—If a
court determines that any agency or department of the
United States has violated this chapter and the court finds
that the circumstances surrounding the violation raise
questions of whether or not an officer or employee of the
agency or department acted willfully or intentionally with
respect to the violation, the agency or department shall
promptly initiate a proceeding to determine whether or not
disciplinary action is warranted against the officer or em-
ployee who was responsible for the violation.’’.
SEC. 309. REQUIREMENT TO PRESERVE RECORD EVI-
DENCE.
Section 2703 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(f) REQUIREMENT
TO PRESERVE EVIDENCE.—A
provider of wire or electronic communication services or
a remote computing service, upon the request of a govern-
mental entity, shall take all necessary steps to preserve
records, and other evidence in its possession pending the
issuance of a court order or other process. Such records
shall be retained for a period of 90 days, which period
shall be extended for an additional 90-day period upon a
renewed request by the governmental entity.’’.
SEC. 310. DETENTION HEARING.
Section 3142(f) of title 18, United States Code, is
amended by inserting ‘‘(not including any intermediate
Saturday, Sunday, or legal holiday)’’ after ‘‘five days’’ and
after ‘‘three days’’.
SEC. 311. REWARD AUTHORITY OF THE ATTORNEY GEN-
ERAL.
(a) IN GENERAL.—Title 18, United States Code, is
amended by striking sections 3059 through 3059A and in-
serting the following:
‘‘§ 3059. Reward authority of the Attorney General
‘‘(a) The Attorney General may pay rewards and re-
ceive from any department or agency, funds for the pay-
ment of rewards under this section, to any individual who
provides any information unknown to the Government
leading to the arrest or prosecution of any individual for
Federal felony offenses.
‘‘(b) If the reward exceeds $100,000, the Attorney
General shall give notice of that fact to the Senate and
the House of Representatives not later than 30 days be-
fore authorizing the payment of the reward.
‘‘(c) A determination made by the Attorney General
as to whether to authorize an award under this section
and as to the amount of any reward authorized shall not
be subject to judicial review.
‘‘(d) If the Attorney General determines that the
identity of the recipient of a reward or of the members
of the recipient’s immediate family must be protected, the
Attorney General may take such measures in connection
with the payment of the reward as the Attorney General
deems necessary to effect such protection.
‘‘(e) No officer or employee of any governmental en-
tity may receive a reward under this section for conduct
in performance of his or her official duties.
‘‘(f) Any individual (and the immediate family of such
individual) who furnishes information which would justify
a reward under this section or a reward by the Secretary
of State under section 36 of the State Department Basic
Authorities Act of 1956 may, in the discretion of the At-
torney General, participate in the Attorney General’s wit-
ness security program under chapter 224 of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 203 of title 18, United States
Code, is amended by striking the items relating to section
3059 and 3059A and inserting the following new item:
‘‘3059. Reward authority of the Attorney General.’’.
(c) CONFORMING AMENDMENT.—Section 1751 of
title 18, United States Code, is amended by striking sub-
section (g).
SEC. 312. PROTECTION OF FEDERAL GOVERNMENT BUILD-
INGS IN THE DISTRICT OF COLUMBIA.
The Attorney General is authorized—
(1) to prohibit vehicles from parking or stand-
ing on any street or roadway adjacent to any build-
ing in the District of Columbia which is in whole or
in part owned, possessed, used by, or leased to the
Federal Government and used by Federal law en-
forcement authorities; and
(2) to prohibit any person or entity from con-
ducting business on any property immediately adja-
cent to any such building.
SEC. 313. STUDY OF THEFTS FROM ARMORIES; REPORT TO
THE CONGRESS.
(a) STUDY.—The Attorney General of the United
States shall conduct a study of the extent of thefts from
military arsenals (including National Guard armories) of
firearms, explosives, and other materials that are poten-
tially useful to terrorists.
(b) REPORT TO THE CONGRESS.—Within 6 months
after the date of the enactment of this Act, the Attorney
General shall submit to the Congress a report on the study
required by subsection (a).
TITLE IV—NUCLEAR MATERIALS
SEC. 401. EXPANSION OF NUCLEAR MATERIALS PROHIBI-
TIONS.
Section 831 of title 18, United States Code, is
amended—
(1) in subsection (a), by striking ‘‘nuclear mate-
rial’’ each place it appears and inserting ‘‘nuclear
material or nuclear byproduct material’’;
(2) in subsection (a)(1)(A), by inserting ‘‘or the
environment’’ after ‘‘property’’;
(3) so that subsection (a)(1)(B) reads as fol-
lows:
‘‘(B)(i) circumstances exist which are likely
to cause the death of or serious bodily injury to
any person or substantial damage to property
or the environment; or (ii) such circumstances
are represented to the defendant to exist;’’;
(4) in subsection (a)(6), by inserting ‘‘or the
environment’’ after ‘‘property’’;
(5) so that subsection (c)(2) reads as follows:
‘‘(2) an offender or a victim is a national of the
United States or a United States corporation or
other legal entity;’’;
(6) in subsection (c)(3), by striking ‘‘at the
time of the offense the nuclear material is in use,
storage, or transport, for peaceful purposes, and’’;
(7) by striking ‘‘or’’ at the end of subsection
(c)(3);
(8) in subsection (c)(4), by striking ‘‘nuclear
material for peaceful purposes’’ and inserting ‘‘nu-
clear material or nuclear byproduct material’’;
(9) by striking the period at the end of sub-
section (c)(4) and inserting ‘‘; or’’;
(10) by adding at the end of subsection (c) the
following:
‘‘(5) the governmental entity under subsection
(a)(5) is the United States or the threat under sub-
section (a)(6) is directed at the United States.’’;
(11) in subsection (f)(1)(A), by striking ‘‘with
an isotopic concentration not in excess of 80 percent
plutonium 238’’;
(12) in subsection (f)(1)(C) by inserting ‘‘en-
riched uranium, defined as’’ before ‘‘uranium’’;
(13) in subsection (f), by redesignating para-
graphs (2), (3), and (4) as paragraphs (3), (4), and
(5), respectively;
(14) by inserting after subsection (f)(1) the
following:
‘‘(2) the term ‘nuclear byproduct material’
means any material containing any radioactive iso-
tope created through an irradiation process in the
operation of a nuclear reactor or accelerator;’’;
(15) by striking ‘‘and’’ at the end of subsection
(f)(4), as redesignated;
(16) by striking the period at the end of sub-
section (f)(5), as redesignated, and inserting a semi-
colon; and
(17) by adding at the end of subsection (f) the
following:
‘‘(6) the term ‘national of the United States’
has the meaning prescribed in section 101(a)(22) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)); and
‘‘(7) the term ‘United States corporation or
other legal entity’ means any corporation or other
entity organized under the laws of the United States
or any State, district, commonwealth, territory or
possession of the United States.’’.
TITLE V—CONVENTION ON THE
MARKING OF PLASTIC EXPLO-
SIVES
SEC. 501. DEFINITIONS.
Section 841 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(o) ‘Convention on the Marking of Plastic Ex-
plosives’ means the Convention on the Marking of
Plastic Explosives for the Purpose of Detection,
Done at Montreal on 1 March 1991.
‘‘(p) ‘Detection agent’ means any one of the
substances specified in this subsection when intro-
duced into a plastic explosive or formulated in such
explosive as a part of the manufacturing process in
such a manner as to achieve homogeneous distribu-
tion in the finished explosive, including—
‘‘(1) Ethylene glycol dinitrate (EGDN),
C2H4(NO3)2, molecular weight 152, when the
minimum concentration in the finished explosive
is 0.2 percent by mass;
‘‘(2) 
2,3-Dimethyl-2,3-dinitrobutane
(DMNB), C6H12(NO2)2, molecular weight 176,
when the minimum concentration in the fin-
ished explosive is 0.1 percent by mass;
‘‘(3) 
Para-Mononitrotoluene 
(p-MNT),
C7H7NO2, molecular weight 137, when the min-
imum concentration in the finished explosive is
0.5 percent by mass;
‘‘(4) 
Ortho-Mononitrotoluene 
(o-MNT),
C7H7NO2, molecular weight 137, when the min-
imum concentration in the finished explosive is
0.5 percent by mass; and
‘‘(5) any other substance in the concentra-
tion specified by the Secretary, after consulta-
tion with the Secretary of State and the Sec-
retary of Defense, which has been added to the
table in part 2 of the Technical Annex to the
Convention on the Marking of Plastic Explo-
sives.
‘‘(q) ‘Plastic explosive’ means an explosive ma-
terial in flexible or elastic sheet form formulated
with one or more high explosives which in their pure
form have a vapor pressure less than 10¥4 Pa at a
temperature of 25°C., is formulated with a binder
material, and is as a mixture malleable or flexible at
normal room temperature.’’.
SEC. 502. REQUIREMENT OF DETECTION AGENTS FOR
PLASTIC EXPLOSIVES.
Section 842 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(l) It shall be unlawful for any person to manufac-
ture any plastic explosive which does not contain a detec-
tion agent.
‘‘(m)(1) it shall be unlawful for any person to import
or bring into the United States, or export from the United
States, any plastic explosive which does not contain a de-
tection agent.
‘‘(2) Until the 15-year period that begins with the
date of entry into force of the Convention on the Marking
of Plastic Explosives with respect to the United States has
expired, paragraph (1) shall not apply to the importation
or bringing into the United States, or the exportation from
the United States, of any plastic explosive which was im-
ported, brought into, or manufactured in the United
States before the effective date of this subsection by or
on behalf of any agency of the United States performing
military or police functions (including any military Re-
serve component) or by or on behalf of the National Guard
of any State.
‘‘(n)(1) It shall be unlawful for any person to ship,
transport, transfer, receive, or possess any plastic explo-
sive which does not contain a detection agent.
‘‘(2)(A) During the 3-year period that begins on the
effective date of this subsection, paragraph (1) shall not
apply to the shipment, transportation, transfer, receipt, or
possession of any plastic explosive, which was imported,
brought into, or manufactured in the United States before
such effective date by any person.
‘‘(B) Until the 15-year period that begins on the date
of entry into force of the Convention on the Marking of
Plastic Explosives with respect to the United States has
expired, paragraph (1) shall not apply to the shipment,
transportation, transfer, receipt, or possession of any plas-
tic explosive, which was imported, brought into, or manu-
factured in the United States before the effective date of
this subsection by or on behalf of any agency of the United
States performing a military or police function (including
any military reserve component) or by or on behalf of the
National Guard of any State.
‘‘(o) It shall be unlawful for any person, other than
an agency of the United States (including any military re-
serve component) or the National Guard of any State, pos-
sessing any plastic explosive on the effective date of this
subsection, to fail to report to the Secretary within 120
days after the effective date of this subsection the quantity
of such explosives possessed, the manufacturer or im-
porter, any marks of identification on such explosives, and
such other information as the Secretary may by regula-
tions prescribe.’’.
SEC. 503. CRIMINAL SANCTIONS.
Section 844(a) of title 18, United States Code, is
amended to read as follows:
‘‘(a) Any person who violates subsections (a) through
(i) or (l) through (o) of section 842 of this title shall be
fined under this title, imprisoned not more than 10 years,
or both.’’.
SEC. 504. EXCEPTIONS.
Section 845 of title 18, United States Code, is
amended—
(1) in subsection (a), by inserting ‘‘(l), (m), (n),
or (o) of section 842 and subsections’’ after ‘‘sub-
sections’’;
(2) in subsection (a)(1), by inserting ‘‘and
which pertains to safety’’ before the semicolon; and
(3) by adding at the end the following:
‘‘(c) It is an affirmative defense against any proceed-
ing involving subsection (l), (m), (n), or (o) of section 842
of this title if the proponent proves by a preponderance
of the evidence that the plastic explosive—
‘‘(1) consisted of a small amount of plastic ex-
plosive intended for and utilized solely in lawful—
‘‘(A) research, development, or testing of
new or modified explosive materials;
‘‘(B) training in explosives detection or de-
velopment or testing of explosives detection
equipment; or
‘‘(C) forensic science purposes; or
‘‘(2) was plastic explosive which, within 3 years
after the effective date of this paragraph, will be or
is incorporated in a military device within the terri-
tory of the United States and remains an integral
part of such military device, or is intended to be, or
is incorporated in, and remains an integral part of
a military device that is intended to become, or has
become, the property of any agency of the United
States performing military or police functions (in-
cluding any military reserve component) or the Na-
tional Guard of any State, wherever such device is
located. For purposes of this subsection, the term
‘military device’ includes shells, bombs, projectiles,
mines, missiles, rockets, shaped charges, grenades,
perforators, and similar devices lawfully manufac-
tured exclusively for military or police purposes.’’.
SEC. 505. EFFECTIVE DATE.
The amendments made by this title shall take effect
1 year after the date of the enactment of this Act.
TITLE VI—IMMIGRATION-
RELATED PROVISIONS
Subtitle A—Removal of Alien
Terrorists
PART 1—REMOVAL PROCEDURES FOR ALIEN
TERRORISTS
SEC. 601. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended—
(1) by adding at the end of the table of con-
tents the following:
‘‘TITLE V—SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS
‘‘Sec. 501. Definitions.
‘‘Sec. 502. Establishment of special removal court; panel of attorneys to assist
with classified information.
‘‘Sec. 503. Application for initiation of special removal proceeding.
‘‘Sec. 504. Consideration of application.
‘‘Sec. 505. Special removal hearings.
‘‘Sec. 506. Consideration of classified information.
‘‘Sec. 507. Appeals.
‘‘Sec. 508. Detention and custody.’’;
and
(2) by adding at the end the following new title:
‘‘TITLE V—SPECIAL REMOVAL PROCEDURES
FOR ALIEN TERRORISTS
‘‘DEFINITIONS
‘‘SEC. 501. In this title:
‘‘(1) The term ‘alien terrorist’ means an alien
described in section 241(a)(4)(B).
‘‘(2) The term ‘classified information’ has the
meaning given such term in section 1(a) of the Clas-
sified Information Procedures Act (18 U.S.C. App.).
‘‘(3) The term ‘national security’ has the mean-
ing given such term in section 1(b) of the Classified
Information Procedures Act (18 U.S.C. App.).
‘‘(4) The term ‘special attorney’ means an at-
torney who is on the panel established under section
502(e).
‘‘(5) The term ‘special removal court’ means
the court established under section 502(a).
‘‘(6) The term ‘special removal hearing’ means
a hearing under section 505.
‘‘(7) The term ‘special removal proceeding’
means a proceeding under this title.
‘‘ESTABLISHMENT OF SPECIAL REMOVAL COURT; PANEL
OF ATTORNEYS TO ASSIST WITH CLASSIFIED INFOR-
MATION
‘‘SEC. 502. (a) IN GENERAL.—The Chief Justice of
the United States shall publicly designate 5 district court
judges from 5 of the United States judicial circuits who
shall constitute a court which shall have jurisdiction to
conduct all special removal proceedings.
‘‘(b) TERMS.—Each judge designated under sub-
section (a) shall serve for a term of 5 years and shall be
eligible for redesignation, except that the four associate
judges first so designated shall be designated for terms
of one, two, three, and four years so that the term of one
judge shall expire each year.
‘‘(c) CHIEF JUDGE.—The Chief Justice shall publicly
designate one of the judges of the special removal court
to be the chief judge of the court. The chief judge shall
promulgate rules to facilitate the functioning of the court
and shall be responsible for assigning the consideration
of cases to the various judges.
‘‘(d) EXPEDITIOUS AND CONFIDENTIAL NATURE OF
PROCEEDINGS.—The provisions of section 103(c) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803(c)) shall apply to proceedings under this title in the
same manner as they apply to proceedings under such Act.
‘‘(e) ESTABLISHMENT OF PANEL OF SPECIAL AT-
TORNEYS.—The special removal court shall provide for the
designation of a panel of attorneys each of whom—
‘‘(1) has a security clearance which affords the
attorney access to classified information, and
‘‘(2) has agreed to represent permanent resi-
dent aliens with respect to classified information
under sections 506 and 507(c)(2)(B) in accordance
with (and subject to the penalties under) this title.
‘‘APPLICATION FOR INITIATION OF SPECIAL REMOVAL
PROCEEDING
‘‘SEC. 503. (a) IN GENERAL.—Whenever the Attor-
ney General has classified information that an alien is an
alien terrorist, the Attorney General, in the Attorney Gen-
eral’s discretion, may seek removal of the alien under this
title through the filing with the special removal court of
a written application described in subsection (b) that seeks
an order authorizing a special removal proceeding under
this title. The application shall be submitted in camera
and ex parte and shall be filed under seal with the court.
‘‘(b) CONTENTS OF APPLICATION.—Each application
for a special removal proceeding shall include all of the
following:
‘‘CONSIDERATION OF APPLICATION
‘‘SEC. 504. (a) IN GENERAL.—In the case of an ap-
plication under section 503 to the special removal court,
a single judge of the court shall be assigned to consider
the application. The judge, in accordance with the rules
of the court, shall consider the application and may con-
sider other information, including classified information,
presented under oath or affirmation. The judge shall con-
sider the application (and any hearing thereof) in camera
and ex parte. A verbatim record shall be maintained of
any such hearing.
‘‘(b) APPROVAL OF ORDER.—The judge shall enter
ex parte the order requested in the application if the judge
finds, on the basis of such application and such other in-
formation (if any), that there is probable cause to believe
that—
‘‘(1) the alien who is the subject of the applica-
tion has been correctly identified and is an alien ter-
rorist, and
‘‘(2) adherence to the provisions of title II re-
garding the deportation of the identified alien would
pose a risk to the national security of the United
States.
‘‘(c) DENIAL OF ORDER.—If the judge denies the
order requested in the application, the judge shall prepare
a written statement of the judge’s reasons for the denial.
‘‘(d) EXCLUSIVE PROVISIONS.—Whenever an order is
issued under this section with respect to an alien—
‘‘(1) the alien’s rights regarding removal and
expulsion shall be governed solely by the provisions
of this title, and
‘‘(2) except as they are specifically referenced,
no other provisions of this Act shall be applicable.
‘‘SPECIAL REMOVAL HEARINGS
‘‘SEC. 505. (a) IN GENERAL.—In any case in which
the application for the order is approved under section
504, a special removal hearing shall be conducted under
this section for the purpose of determining whether the
alien to whom the order pertains should be removed from
the United States on the grounds that the alien is an alien
terrorist. Consistent with section 506, the alien shall be
given reasonable notice of the nature of the charges
against the alien and a general account of the basis for
the charges. The alien shall be given notice, reasonable
under all the circumstances, of the time and place at which
the hearing will be held. The hearing shall be held as expe-
ditiously as possible.
‘‘(b) USE OF SAME JUDGE.—The special removal
hearing shall be held before the same judge who granted
the order pursuant to section 504 unless that judge is
deemed unavailable due to illness or disability by the chief
judge of the special removal court, or has died, in which
case the chief judge shall assign another judge to conduct
the special removal hearing. A decision by the chief judge
pursuant to the preceding sentence shall not be subject
to review by either the alien or the Department of Justice.
‘‘(c) RIGHTS IN HEARING.—
‘‘(1) PUBLIC
HEARING.—The special removal
hearing shall be open to the public.
‘‘(2) RIGHT OF COUNSEL.—The alien shall have
a right to be present at such hearing and to be rep-
resented by counsel. Any alien financially unable to
obtain counsel shall be entitled to have counsel as-
signed to represent the alien. Such counsel shall be
appointed by the judge pursuant to the plan for fur-
nishing representation for any person financially un-
able to obtain adequate representation for the dis-
trict in which the hearing is conducted, as provided
for in section 3006A of title 18, United States Code.
All provisions of that section shall apply and, for
purposes of determining the maximum amount of
compensation, the matter shall be treated as if a fel-
ony was charged.
‘‘(3) INTRODUCTION OF EVIDENCE.—The alien
shall have a right to introduce evidence on the
alien’s own behalf.
‘‘(4) EXAMINATION OF WITNESSES.—Except as
provided in section 506, the alien shall have a rea-
sonable opportunity to examine the evidence against
the alien and to cross-examine any witness.
‘‘(5) RECORD.—A verbatim record of the pro-
ceedings and of all testimony and evidence offered or
produced at such a hearing shall be kept.
‘‘(6) DECISION BASED ON EVIDENCE AT HEAR-
ING.—The decision of the judge in the hearing shall
be based only on the evidence introduced at the
hearing, including evidence introduced under sub-
section (e).
‘‘(7) NO RIGHT TO ANCILLARY RELIEF.—In the
hearing, the judge is not authorized to consider or
provide for relief from removal based on any of the
following:
‘‘(A) Asylum under section 208.
‘‘(B) Withholding of deportation under sec-
tion 243(h).
‘‘(C) Suspension of deportation under sec-
tion 244(a) or 244(e).
‘‘(D) Adjustment of status under section
245.
‘‘(E) Registry under section 249.
‘‘(d) SUBPOENAS.—
‘‘(1) REQUEST.—At any time prior to the con-
clusion of the special removal hearing, either the
alien or the Department of Justice may request the
judge to issue a subpoena for the presence of a
named witness (which subpoena may also command
the person to whom it is directed to produce books,
papers, documents, or other objects designated
therein) upon a satisfactory showing that the pres-
ence of the witness is necessary for the determina-
tion of any material matter. Such a request may be
made ex parte except that the judge shall inform the
Department of Justice of any request for a subpoena
by the alien for a witness or material if compliance
with such a subpoena would reveal evidence or the
source of evidence which has been introduced, or
which the Department of Justice has received per-
mission to introduce, in camera and ex parte pursu-
ant to subsection (e) and section 506, and the De-
partment of Justice shall be given a reasonable op-
portunity to oppose the issuance of such a subpoena.
‘‘(2) PAYMENT FOR ATTENDANCE.—If an appli-
cation for a subpoena by the alien also makes a
showing that the alien is financially unable to pay
for the attendance of a witness so requested, the
court may order the costs incurred by the process
and the fees of the witness so subpoenaed to be paid
from funds appropriated for the enforcement of title
II.
‘‘(3) 
NATIONWIDE
SERVICE.—A 
subpoena
under this subsection may be served anywhere in the
United States.
‘‘(4) WITNESS
FEES.—A witness subpoenaed
under this subsection shall receive the same fees and
expenses as a witness subpoenaed in connection with
a civil proceeding in a court of the United States.
‘‘(5) NO
ACCESS
TO
CLASSIFIED
INFORMA-
TION.—Nothing in this subsection is intended to
allow an alien to have access to classified informa-
tion.
‘‘(e) INTRODUCTION
OF
CLASSIFIED
INFORMA-
TION.—
‘‘(1) IN GENERAL.—Classified information that
has been summarized pursuant to section 506(b)
and classified information for which findings de-
scribed in section 506(b)(4)(B) have been made and
for which no summary is provided shall be intro-
duced (either in writing or through testimony) in
camera and ex parte and neither the alien nor the
public shall be informed of such evidence or its
sources other than through reference to the sum-
mary (if any) provided pursuant to such section.
Notwithstanding the previous sentence, the Depart-
ment of Justice may, in its discretion and after co-
ordination with the originating agency, elect to in-
troduce such evidence in open session.
‘‘(2) TREATMENT
OF
ELECTRONIC
SURVEIL-
LANCE INFORMATION.—
‘‘(A) USE
OF
ELECTRONIC
SURVEIL-
LANCE.—The Government is authorized to use
in a special removal proceeding the fruits of
electronic surveillance and unconsented physical
searches authorized under the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C.
1801 et seq.) without regard to subsections (c),
(e), (f), (g), and (h) of section 106 of that Act.
‘‘(B) NO DISCOVERY OF ELECTRONIC SUR-
VEILLANCE INFORMATION.—An alien subject to
removal under this title shall have no right of
discovery of information derived from electronic
surveillance authorized under the Foreign Intel-
ligence Surveillance Act of 1978 or otherwise
for national security purposes. Nor shall such
alien have the right to seek suppression of evi-
dence.
‘‘(C) CERTAIN PROCEDURES NOT APPLICA-
BLE.—The provisions and requirements of sec-
tion 3504 of title 18, United States Code, shall
not apply to procedures under this title.
‘‘(3) RIGHTS OF UNITED STATES.—Nothing in
this section shall prevent the United States from
seeking protective orders and from asserting privi-
leges ordinarily available to the United States to
protect against the disclosure of classified informa-
tion, including the invocation of the military and
state secrets privileges.
‘‘(f) INCLUSION OF CERTAIN EVIDENCE.—The Fed-
eral Rules of Evidence shall not apply to hearings under
this section. Evidence introduced at the special removal
hearing, either in open session or in camera and ex parte,
may, in the discretion of the Department of Justice, in-
clude all or part of the information presented under sec-
tion 504 used to obtain the order for the hearing under
this section.
‘‘(g) ARGUMENTS.—Following the receipt of evi-
dence, the attorneys for the Department of Justice and
for the alien shall be given fair opportunity to present ar-
gument as to whether the evidence is sufficient to justify
the removal of the alien. The attorney for the Department
of Justice shall open the argument. The attorney for the
alien shall be permitted to reply. The attorney for the De-
partment of Justice shall then be permitted to reply in
rebuttal. The judge may allow any part of the argument
that refers to evidence received in camera and ex parte
to be heard in camera and ex parte.
‘‘(h) BURDEN OF PROOF.—In the hearing the De-
partment of Justice has the burden of showing by clear
and convincing evidence that the alien is subject to re-
moval because the alien is an alien terrorist. If the judge
finds that the Department of Justice has met this burden,
the judge shall order the alien removed and detained pend-
ing removal from the United States. If the alien was re-
leased pending the special removal hearing, the judge shall
order the Attorney General to take the alien into custody.
‘‘(i) WRITTEN ORDER.—At the time of rendering a
decision as to whether the alien shall be removed, the
judge shall prepare a written order containing a statement
of facts found and conclusions of law. Any portion of the
order that would reveal the substance or source of infor-
mation received in camera and ex parte pursuant to sub-
section (e) shall not be made available to the alien or the
public.
‘‘CONSIDERATION OF CLASSIFIED INFORMATION
‘‘SEC. 506. (a) CONSIDERATION IN CAMERA AND EX
PARTE.—In any case in which the application for the
order authorizing the special procedures of this title is ap-
proved, the judge who granted the order shall consider
each item of classified information the Department of Jus-
tice proposes to introduce in camera and ex parte at the
special removal hearing and shall order the introduction
of such information pursuant to section 505(e) if the judge
determines the information to be relevant.
‘‘(b) PREPARATION
AND PROVISION
OF WRITTEN
SUMMARY.—
‘‘(1) PREPARATION.—The Department of Jus-
tice shall prepare a written summary of such classi-
fied information which does not pose a risk to na-
tional security.
‘‘(2) CONDITIONS
FOR
APPROVAL
BY
JUDGE
AND PROVISION TO ALIEN.—The judge shall approve
the summary so long as the judge finds that the
summary is sufficient—
‘‘(A) to inform the alien of the general na-
ture of the evidence that the alien is an alien
terrorist, and
‘‘(B) to permit the alien to prepare a de-
fense against deportation.
The Department of Justice shall cause to be deliv-
ered to the alien a copy of the summary.
‘‘(3) OPPORTUNITY
FOR
CORRECTION
AND
RESUBMITTAL.—If the judge does not approve the
summary, the judge shall provide the Department a
reasonable opportunity to correct the deficiencies
identified by the court and to submit a revised sum-
mary.
‘‘(4) CONDITIONS FOR TERMINATION OF PRO-
CEEDINGS IF SUMMARY NOT APPROVED.—
‘‘(A) IN GENERAL.—If, subsequent to the
opportunity described in paragraph (3), the
judge does not approve the summary, the judge
shall terminate the special removal hearing un-
less the judge makes the findings described in
subparagraph (B).
‘‘(B) FINDINGS.—The findings described
in this subparagraph are, with respect to an
alien, that—
‘‘(i) the continued presence of the
alien in the United States, and
‘‘(ii) the provision of the required
summary,
would likely cause serious and irreparable harm
to the national security or death or serious bod-
ily injury to any person.
‘‘(5) CONTINUATION
OF
HEARING
WITHOUT
SUMMARY.—If a judge makes the findings described
in paragraph (4)(B)—
‘‘(A) if the alien involved is an alien law-
fully admitted for permanent residence, the pro-
cedures described in subsection (c) shall apply;
and
‘‘(B) in all cases the special removal hear-
ing shall continue, the Department of Justice
shall cause to be delivered to the alien a state-
ment that no summary is possible, and the clas-
sified information submitted in camera and ex
parte may be used pursuant to section 505(e).
‘‘(c) SPECIAL PROCEDURES FOR ACCESS AND CHAL-
LENGES TO CLASSIFIED INFORMATION BY SPECIAL AT-
TORNEYS IN CASE OF LAWFUL PERMANENT ALIENS.—
‘‘(1) IN GENERAL.—The procedures described
in this subsection are that the judge (under rules of
the special removal court) shall designate a special
attorney (as defined in section 501(4)), (and the
alien facing deportation under these procedures, may
choose which special attorney shall be so designated,
if the alien makes that choice not later than 45 days
after the date on which the alien receives notice that
the Government intends to use such procedures) to
assist the alien and the court—
‘‘(A) by reviewing in camera the classified
information on behalf of the alien, and
‘‘(B) by challenging through an in camera
proceeding the veracity of the evidence con-
tained in the classified information.
‘‘(2) RESTRICTIONS ON DISCLOSURE.—A spe-
cial attorney receiving classified information under
paragraph (1)—
‘‘(A) shall not disclosure the information to
the alien or to any other attorney representing
the alien, and
‘‘(B) who discloses such information in vio-
lation of subparagraph (A) shall be subject to
a fine under title 18, United States Code, and
imprisoned for not less than 10 years nor more
than 25 years.
‘‘APPEALS
‘‘SEC. 507. (a) APPEALS OF DENIALS OF APPLICA-
TIONS FOR ORDERS.—The Department of Justice may
seek a review of the denial of an order sought in an appli-
cation by the United States Court of Appeals for the Dis-
trict of Columbia Circuit by notice of appeal which must
be filed within 20 days after the date of such denial. In
such a case the entire record of the proceeding shall be
transmitted to the Court of Appeals under seal and the
Court of Appeals shall hear the matter ex parte. In such
a case the Court of Appeals shall review questions of law
de novo, but a prior finding on any question of fact shall
not be set aside unless such finding was clearly erroneous.
‘‘(b) APPEALS OF DETERMINATIONS ABOUT SUM-
MARIES
OF CLASSIFIED INFORMATION.—Either party
may take an interlocutory appeal to the United States
Court of Appeals for the District of Columbia Circuit of—
‘‘(1) any determination by the judge pursuant
to section 506(a)—
‘‘(A) concerning whether an item of evi-
dence may be introduced in camera and ex
parte, or
‘‘(B) concerning the contents of any sum-
mary of evidence to be introduced in camera
and ex parte prepared pursuant to section
506(b); or
‘‘(2) the refusal of the court to make the find-
ings permitted by section 506(b)(4)(B).
In any interlocutory appeal taken pursuant to this sub-
section, the entire record, including any proposed order
of the judge or summary of evidence, shall be transmitted
to the Court of Appeals under seal and the matter shall
be heard ex parte.
‘‘(c) APPEALS OF DECISION IN HEARING.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
the decision of the judge after a special removal
hearing may be appealed by either the alien or the
Department of Justice to the United States Court
of Appeals for the District of Columbia Circuit by
notice of appeal.
‘‘(2) AUTOMATIC APPEALS IN CASES OF PERMA-
NENT
RESIDENT
ALIENS
IN
WHICH
NO
SUMMARY
PROVIDED.—
‘‘(A) IN
GENERAL.—Unless the alien
waives the right to a review under this para-
graph, in any case involving an alien lawfully
admitted for permanent residence who is denied
a written summary of classified information
under section 506(b)(4) and with respect to
which the procedures described in section
506(c) apply, any order issued by the judge
shall be reviewed by the Court of Appeals for
the District of Columbia Circuit.
‘‘(B) USE OF SPECIAL ATTORNEY.—With
respect to any issue relating to classified infor-
mation that arises in such review, the alien
shall be represented only by the special attorney
designated under section 506(c)(1) on behalf of
the alien.
‘‘(d) GENERAL
PROVISIONS
RELATING
TO
AP-
PEALS.—
‘‘(1) NOTICE.—A notice of appeal pursuant to
subsection (b) or (c) (other than under subsection
(c)(2)) must be filed within 20 days after the date
of the order with respect to which the appeal is
sought, during which time the order shall not be exe-
cuted.
‘‘(2) TRANSMITTAL OF RECORD.—In an appeal
or review to the Court of Appeals pursuant to sub-
section (b) or (c)—
‘‘(A) the entire record shall be transmitted
to the Court of Appeals, and
‘‘(B) information received pursuant to sec-
tion 505(e), and any portion of the judge’s
order that would reveal the substance or source
of such information, shall be transmitted under
seal.
‘‘(3) EXPEDITED APPELLATE PROCEEDING.—In
an appeal or review to the Court of Appeals pursu-
ant to subsection (b) or (c):
‘‘(A) REVIEW.—The appeal or review shall
be heard as expeditiously as practicable and the
Court may dispense with full briefing and hear
the matter solely on the record of the judge of
the special removal court and on such briefs or
motions as the Court may require to be filed by
the parties.
‘‘(B) DISPOSITION.—The Court shall up-
hold or reverse the judge’s order within 60 days
after the date of the issuance of the judge’s
final order.
‘‘(4) STANDARD FOR REVIEW.—In an appeal or
review to the Court of Appeals pursuant to sub-
section (b) or (c):
‘‘(A) QUESTIONS OF LAW.—The Court of
Appeals shall review all questions of law de
novo.
‘‘(B) QUESTIONS OF FACT.—(i) Subject to
clause (ii), a prior finding on any question of
fact shall not be set aside unless such finding
was clearly erroneous.
‘‘(ii) In the case of a review under sub-
section (c)(2) in which an alien lawfully admit-
ted for permanent residence was denied a writ-
ten summary of classified information under
section 506(b)(4), the Court of Appeals shall
review questions of fact de novo.
‘‘(e) CERTIORARI.—Following a decision by the Court
of Appeals pursuant to subsection (b) or (c), either the
alien or the Department of Justice may petition the Su-
preme Court for a writ of certiorari. In any such case,
any information transmitted to the Court of Appeals
under seal shall, if such information is also submitted to
the Supreme Court, be transmitted under seal. Any order
of removal shall not be stayed pending disposition of a
writ of certiorari except as provided by the Court of Ap-
peals or a Justice of the Supreme Court.
‘‘(f) APPEALS OF DETENTION ORDERS.—
‘‘(1) IN GENERAL.— The provisions of sections
3145 through 3148 of title 18, United States Code,
pertaining to review and appeal of a release or de-
tention order, penalties for failure to appear, pen-
alties for an offense committed while on release, and
sanctions for violation of a release condition shall
apply to an alien to whom section 508(b)(1) applies.
In applying the previous sentence—
‘‘(A) for purposes of section 3145 of such
title an appeal shall be taken to the United
States Court of Appeals for the District of Co-
lumbia Circuit, and
the House of Representatives and the
Senate of the intent to make such
designation and the findings and basis
for designation. The Secretary of
State, in consultation with the Attor-
ney General, shall create an adminis-
trative record and may use classified
information in making such a designa-
tion. Such information is not subject
to disclosure so long as it remains
classified, except that it may be dis-
closed to a court ex parte and in cam-
era under subclause (III) for purposes
of judicial review of such a designa-
tion. The Secretary of State, in con-
sultation with the Attorney General,
shall provide notice and an oppor-
tunity for public comment prior to the
creation of the administrative record
under this subclause.
‘‘(III) JUDICIAL
REVIEW.—Any
organization designated as a terrorist
organization under the preceding pro-
visions of this clause may, not later
than 30 days after the date of the