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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This 
Act 
may 
be 
cited 
as 
the 
‘‘Effective
Counterterrorism Act of 1996’’.
SEC. 2. TABLE OF CONTENTS.
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 govern-
ments.
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 terror-
ism 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 ex-
plosive 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 Colum-
bia.
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
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 em-
ployees.
Sec. 805. Victim restitution Act.
TITLE I—CRIMINAL ACTS
SEC. 101. PROTECTION OF FEDERAL EMPLOYEES.
(a) HOMICIDE.—Section 1114 of title 18, United
States Code, is amended to read as follows:
‘‘§ 1114. Protection of officers and employees of the
United States
‘‘Whoever kills or attempts to kill any officer or em-
ployee of the United States or of any agency in any branch
of the United States Government (including any member
of the uniformed services) while such officer or employee
is engaged in or on account of the performance of official
duties, or any person assisting such an officer or employee
in the performance of such duties or on account of that
assistance, shall be punished, in the case of murder, as
provided under section 1111, or in the case of man-
slaughter, as provided under section 1112, or, in the case
of attempted murder or manslaughter, as provided in sec-
tion 1113.’’.
(b) THREATS AGAINST FORMER OFFICERS AND EM-
PLOYEES.—Section 115(a)(2) of title 18, United States
Code, is amended by inserting ‘‘, or threatens to assault,
kidnap, or murder, any person who formerly served as a
person designated in paragraph (1), or’’ after ‘‘assaults,
kidnaps, or murders, or attempts to kidnap or murder’’.
SEC. 102. PROHIBITING MATERIAL SUPPORT TO TERROR-
IST ORGANIZATIONS.
(a) IN GENERAL.—The chapter 113B of title 18,
United States Code, that relates to terrorism is amended
by adding at the end the following:
‘‘§ 2339B. Providing material support to terrorist or-
ganizations
‘‘(a) OFFENSE.—Whoever, within the United States
knowingly provides material support or resources in or af-
fecting interstate or foreign commerce, to any organization
which the person knows or should have known is a terror-
ist organization that has been designated under this sec-
tion as a terrorist organization shall be fined under this
title or imprisoned not more than 10 years, or both.
‘‘(b) TERRORIST ORGANIZATION DEFINED.—
‘‘(1) DESIGNATION.—For purposes of this sec-
tion and the Crimes Associated With Terrorism Act
of 1996 and title V of the Immigration and Nation-
ality Act, the term ‘terrorist organization’ means a
foreign organization designated in the Federal Reg-
ister as a terrorist organization by the Secretary of
State in consultation with the Attorney General,
based upon a finding that the organization engages
in, or has engaged in, terrorist activity that threat-
ens the national security of the United States.
‘‘(2) PROCESS.—At least 3 days before des-
ignating an organization as a terrorist organization
through publication in the Federal Register, the Sec-
retary of State, in consultation with the Attorney
General, shall notify the Committees on the Judici-
ary of the House of Representatives and the Senate
of the intent to make such designation and the find-
ings and the basis for designation. The Secretary of
State, in consultation with the Attorney General,
shall create an administrative record prior to such
designation and may use classified information in
making such a designation. Such classified informa-
tion is not subject to disclosure so long as it remains
classified, except as provided in paragraph (3) for
the purposes of judicial review of such designation.
The Secretary of State, in consultation with the At-
torney General, shall provide notice and an oppor-
tunity for public comment prior to the creation of
the administrative record under this paragraph.
‘‘(3) JUDICIAL REVIEW.—Any organization des-
ignated as a terrorist organization under the preced-
ing provisions of this subsection may, not later than
30 days after the date of the designation, seek judi-
cial review thereof in any United States Court of
Appeals of competent jurisdiction. The court shall
hold unlawful and set aside the designation if the
court finds the designation to be arbitrary, capri-
cious, an abuse of discretion, or otherwise not in ac-
cordance with law, not supported by a preponder-
ance of the evidence, contrary to constitutional right,
power, privilege, or immunity, or not in accord with
the procedures required by law. Such review shall
proceed in an expedited manner. Designated organi-
zations shall have the opportunity to call witnesses
and present evidence in rebuttal of such designation.
During the pendency of the court’s review of the
designation, the prohibition against providing mate-
rial support to the organization under this section
shall not apply unless the court finds that the Gov-
ernment is likely to succeed on the merits of the des-
ignation. For the purposes of this section, any classi-
fied information used in making the designation
shall be considered by the court, and provided to the
organization, under the procedures provided under
title V of the Immigration and Nationality Act.
‘‘(4) CONGRESSIONAL AUTHORITY TO REMOVE
DESIGNATION.—The Congress reserves the authority
to remove, by law, the designation of an organization
as a terrorist organization under this subsection.
‘‘(5) SUNSET.—Subject to paragraph (4), the
designation under this subsection of an organization
as a terrorist organization shall be effective for a pe-
riod of 2 years from the date of the initial publica-
tion of the terrorist organization designation by the
Secretary of State. At the end of such period (but
no sooner than 60 days prior to the termination of
the 2-year designation period), the Secretary of
State, in consultation with the Attorney General,
may redesignate the organization in conformity with
the requirements of this subsection for designation
of the organization.
‘‘(6) OTHER AUTHORITY TO REMOVE DESIGNA-
TION.—The Secretary of State, in consultation with
the Attorney General, may remove the terrorist or-
ganization designation from any organization pre-
viously designated as such an organization, at any
time, so long as the Secretary publishes notice of the
removal in the Federal Register. The Secretary is
not required to report to Congress prior to so remov-
ing such designation.
‘‘(c) DEFINITIONS.—As used in this section, the
term—
‘‘(1) ‘material support or resources’ has the
meaning given that term in section 2339A of this
title; and
‘‘(2) ‘terrorist activity’ means any act in prepa-
ration for or in carrying out a violation of section
32, 37, 351, 844(f) or (i), 956, 1114, 1116, 1203,
1361, 1363, 1751, 2280, 2281, 2331(1)(A), 2332,
2332a, or 2332b of this title or section 46502 of
title 49, or in preparation for or in carrying out the
concealment or an escape from the commission of
any such violation.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of the chapter 113B of title 18, United
States Code, that relates to terrorism is amended by in-
serting after the item relating to section 2339a the follow-
ing new item:
‘‘2339b. Providing material support to terrorist organizations.’’.
SEC. 103. MODIFICATION OF MATERIAL SUPPORT PROVI-
SION.
Section 2339A of title 18, United States Code, is
amended read as follows:
‘‘§ 2339A. Providing material support to terrorists
‘‘(a) OFFENSE.—Whoever, within the United States,
provides material support or resources or conceals or dis-
guises the nature, location, source, or ownership of mate-
rial support or resources, knowing or intending that they
are to be used in preparation for or in carrying out, a
violation of section 32, 37, 81, 175, 351, 844(f) or (i),
956, 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281,
2332, 2332a, 2332b, or 2340 of this title or section 46502
or 6012 of title 49, or in preparation for or in carrying
out the concealment or an escape from the commission of
any such violation, shall be fined under this title, impris-
oned not more than ten years, or both.
‘‘(b) DEFINITION.—In this section, the term ‘mate-
rial support or resources’ means currency or other finan-
cial securities, financial services, lodging, training,
safehouses, false documentation or identification, commu-
nications equipment, facilities, weapons, lethal substances,
explosives, personnel, transportation, and other physical
assets, except medicine or religious materials.’’.
SEC. 104. RECEIVING MATERIAL SUPPORT FROM TERROR-
IST ORGANIZATIONS OR GOVERNMENTS.
(a) IN GENERAL.—The chapter 113B of title 18,
United States Code, that relates to terrorism is amended
by adding by adding at the end the following:
‘‘§ 2339C. Receiving material support from terrorist
organizations or countries supporting
terrorism
‘‘(a) OFFENSE.—Whoever, within the United States
knowingly receives material support or resources in or af-
fecting interstate or foreign commerce, from a terrorist
organization or a country supporting terrorism, shall be
fined under this title or imprisoned not more than 10
years.
‘‘(b) EXCEPTIONS.—This section shall not apply to
any thing of value received as judgment in a civil action
or as restitution for any act of terrorism, crime of war
or crime against humanity.
‘‘(c) DEFINITIONS.—For the purposes of this section,
the term—
‘‘(1) ‘terrorist organization’ means any organi-
zation which the person knows or should have known
is a terrorist organization as designated for the pur-
poses of section 2339B; or
‘‘(2) ‘counry supporting terrorism’, means any
country designated by the President under section
505 of the International Security and Development
Cooperation Act of 1985 (22 U.S.C. 2349aa–9) (re-
lating to the ban on importing goods and services
from countries supporting terrorism) as a country
supporting terrorism, or any country designated
under section 504 of the International Security and
Development Cooperation Act of 1985 (22 U.S.C
2349aa–8) (relating to the prohibition on imports
from and exports to Libya).’’.
SEC. 105. ACTS OF TERRORISM AGAINST CHILDREN.
(a) OFFENSE.—Title 18, United States Code, is
amended by inserting after section 2332a the following:
‘‘§ 2332b. Acts of terrorism against children
‘‘(a) PROHIBITED ACTS.—
‘‘(a) Whoever intentionally commits a Federal crime
of terrorism against a child, shall be fined under this title
or imprisoned for any term of years or for life, or both.
This section does not prevent the imposition of any more
severe penalty which may be provided for the same con-
duct by another provision of Federal law.
‘‘(b) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘Federal crime of terrorism’
means an offense that—
‘‘(A) is calculated to influence or affect the
conduct of government by intimidation or coer-
cion, or to retaliate against government con-
duct; and
‘‘(B) is a violation of—
‘‘(i) section 32 (relating to destruction
of aircraft or aircraft facilities), 37 (relat-
ing to violence at international airports),
81 (relating to arson within special mari-
time and territorial jurisdiction), 175 (re-
lating to biological weapons), 351 (relating
to congressional, cabinet, and Supreme
Court assassination, kidnapping, and as-
sault), 831 (relating to nuclear weapons),
842(m) or (n) (relating to plastic explo-
sives), 844(e) (relating to certain bomb-
ings), 844(f) or (i) (relating to arson and
bombing of certain property), 956 (relating
to conspiracy to commit violent acts in for-
eign countries), 1114 (relating to protec-
tion of officers and employees of the Unit-
ed States), 1116 (relating to murder or
manslaughter of foreign officials, official
guests, or internationally protected per-
sons), 1203 (relating to hostage taking),
1361 (relating to injury of Government
property), 1362 (relating to destruction of
communication lines), 1363 (relating to in-
jury to buildings or property within special
maritime and territorial jurisdiction of the
United States), 1366 (relating to destruc-
tion of energy facility), 1751 (relating to
Presidential and Presidential staff assas-
sination, kidnapping, and assault), 2152
(relating to injury of harbor defenses),
2155 (relating to destruction of national
defense materials, premises, or utilities),
2156 (relating to production of defective
national defense materials, premises, or
utilities), 2280 (relating to violence against
maritime navigation), 2281 (relating to vi-
olence against maritime fixed platforms),
2332 (relating to certain homicides and vi-
olence outside the United States), 2332a
(relating to use of weapons of mass de-
struction), 2332b (relating to acts of ter-
rorism transcending national boundaries),
2339A (relating to providing material sup-
port to terrorists), 2339B (relating to pro-
viding material support to terrorist organi-
zations), or 2340A (relating to torture) of
this title;
‘‘(ii) section 236 (relating to sabotage
of nuclear facilities or fuel) of the Atomic
Energy Act of 1954; or
‘‘(iii) section 46502 (relating to air-
craft piracy), or 60123(b) (relating to de-
struction of interstate gas or hazardous
liquid pipeline facility) of title 49; and
‘‘(2) the term ‘child’ means an individual who
has not attained the age of 18 years.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of the chapter 113B of title 18, United
States Code, that relates to terrorism is amended by in-
serting after the item relating to section 2332a the follow-
ing new item:
‘‘2332b. Acts of terrorism against children.’’.
SEC. 106. 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. 107. 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 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.’’.
(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. 108. 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.’’.
SEC. 109. 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-
tion), section 2332c (relating to international terror-
ist acts transcending national boundaries), section
2339A (relating to providing material support to ter-
rorists) of this title, section 46502 of title 49, Unit-
ed States Code’’.
SEC. 110. EXPANSION OF FEDERAL JURISDICTION OVER
BOMB THREATS.
Section 844(e) of title 18, United States Code, is
amended by striking ‘‘commerce,’’ and inserting ‘‘inter-
state or foreign commerce, or in or affecting interstate or
foreign commerce,’’.
SEC. 111. CLARIFICATION OF MARITIME VIOLENCE JURIS-
DICTION.
Section 2280(b)(1)(A) of title 18, United States
Code, is amended—
(1) in clause (ii), by striking ‘‘and the activity
is not prohibited as a crime by the State in which
the activity takes place’’; and
(2) in clause (iii), by striking ‘‘the activity takes
place on a ship flying the flag of a foreign country
or outside the United States,’’.
SEC. 112. POSSESSION OF STOLEN EXPLOSIVES PROHIB-
ITED.
Section 842(h) of title 18, United States Code, is
amended to read as follows:
‘‘(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.’’.
TITLE II—INCREASED
PENALTIES
SEC. 201. PENALTIES FOR CERTAIN EXPLOSIVES OF-
FENSES.
(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 more than 45 years; and
‘‘(3) if death results to any person other than
the offender, the offender shall be subject to impris-
onment for any term of years, 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 non-capital 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 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 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 de-
fined 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.’’.
TITLE III—INVESTIGATIVE
TOOLS
SEC. 301. 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 Secretary of the Treasury, in con-
sultation with other Federal, State and local officials with
expertise in this area and such other individuals as the
Secretary of the Treasury deems appropriate, shall con-
duct a study concerning—
(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 Secretary shall submit
to the Congress a report that contains the results of the
study required by this section. The Secretary shall make
the report available to the public.
(c) LIMITATION.—The study under this section shall
not include black powder or smokeless powder among the
explosive materials it concerns.
SEC. 302. 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. 303. 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. 304. 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. 305. 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. 306. 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—REMOVAL 
PROCE-
DURES FOR ALIEN TERROR-
ISTS
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.
‘‘Sec. 503. Application for initiation of special removal proceeding.
‘‘Sec. 504. Consideration of application.
‘‘Sec. 505. Special removal hearings.
‘‘Sec. 506. Appeals.’’;
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 removal court’ means
the court established under section 502(a).
‘‘(5) The term ‘special removal hearing’ means
a hearing under section 505.
‘‘(6) The term ‘special removal proceeding’
means a proceeding under this title.
‘‘ESTABLISHMENT OF SPECIAL REMOVAL COURT
‘‘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.
‘‘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:
‘‘(1) The identity of the Department of Justice
attorney making the application.
‘‘(2) The approval of the Attorney General or
the Deputy Attorney General for the filing of the ap-
plication based upon a finding by that individual
that the application satisfies the criteria and re-
quirements of this title.
‘‘(3) The identity of the alien for whom author-
ization for the special removal proceeding is sought.
‘‘(4) A statement of the facts and cir-
cumstances relied on by the Department of Justice
to establish that—
‘‘(A) the alien is an alien terrorist and is
physically present in the United States, and
‘‘(B) with respect to such alien, adherence
to the provisions of title II regarding the depor-
tation of aliens would pose a risk to the na-
tional security of the United States.
‘‘(5) An oath or affirmation respecting each of
the facts and statements described in the previous
paragraphs.
‘‘(c) RIGHT TO DISMISS.—The Department of Jus-
tice retains the right to dismiss a removal action under
this title at any stage of the proceeding.
‘‘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.
‘‘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.—The alien
shall have a reasonable 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.
‘‘(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.
‘‘(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.
‘‘(e) TREATMENT OF CLASSIFIED INFORMATION.—
The judge shall examine in camera and ex parte any item
of classified information for which the Attorney General
determines that public disclosure would pose a risk to the
national security of the United States. With respect to
such evidence, the Attorney General shall also submit to
the court a summary prepared in accordance with sub-
section (f).
‘‘(f) SUMMARY OF CLASSIFIED INFORMATION.—
‘‘(1) The information submitted under sub-
section (e) shall contain a summary of the informa-
tion that does not pose a risk to the national secu-
rity.
‘‘(2) The judge shall approve the summary if
the judge finds that the summary will provide the
alien with substantially the same ability to make his
defense as would disclosure of the specific classified
information.
‘‘(3) The Attorney General shall cause to be de-
livered to the alien a copy of the summary approved
under paragraph (2).
‘‘(g) DETERMINATION
OF DEPORTATION.—If the
judge determines that the summary described in sub-
section (f) will provide the alien with substantially the
same ability to make his defense as would the disclosure
of the specific classified evidence, a determination of de-
portation may be made on the basis of the summary and
any other evidence entered in the public record and to
which the alien has been given access. If the judge does
not approve the summary, a determination of deportation
may be made on the basis of any other evidence entered
in the public record and to which the alien has been given
access. In either case, such a determination will be made
when the Attorney General proves, by clear, convincing,
and unequivocal evidence that the alien is subject to depor-
tation because such alien is an alien as described in section
241(a)(4)(B).
‘‘APPEALS
‘‘SEC. 506. (a) APPEALS BY ALIEN.—The alien may
appeal a determination under section 505(f) or 505(g) to
the United States Court of Appeals for the circuit where
the alien resides by filing a notice of appeal with such
court not later than 30 days after the determination is
made.
‘‘(b) APPEALS BY THE UNITED STATES.—The Attor-
ney General may appeal a determination made under sec-
tion 504, or section 505(f) or 505(g) to the Court of Ap-
peals for the circuit where the alien resides, by filing a
notice of appeal with such court not later than 20 days
after the determination is made under any one of such
subsections.
‘‘(c) TRANSMITTAL OF CLASSIFIED INFORMATION.—
When requested by the Attorney General, the classified in-
formation in section 506(e) shall be transmitted to the
court of appeals under seal.’’.
TITLE VII—AUTHORIZATION AND
FUNDING
SEC. 701. FIREFIGHTER AND EMERGENCY SERVICES TRAIN-
ING.
The Attorney General may award grants in consulta-
tion with the Federal Emergency Management Agency for
the purposes of providing specialized training or equip-
ment to enhance the capability of metropolitan fire and
emergency service departments to respond to terrorist at-
tacks. To carry out the purposes of this section, there is
authorized to be appropriated $5,000,000 for fiscal year
1996.
SEC. 702. ASSISTANCE TO FOREIGN COUNTRIES TO PRO-
CURE EXPLOSIVE DETECTION DEVICES AND
OTHER COUNTER-TERRORISM TECHNOLOGY.
There is authorized to be appropriated not to exceed
$10,000,000 for fiscal years 1996 and 1997 to the Presi-
dent to provide assistance to foreign countries facing an
imminent danger of terrorist attack that threatens the na-
tional interest of the United States or puts United States
nationals at risk—
(1) in obtaining explosive detection devices and
other counter-terrorism technology; and
(2) in conducting research and development
projects on such technology.
SEC. 703. RESEARCH AND DEVELOPMENT TO SUPPORT
COUNTER-TERRORISM TECHNOLOGIES.
There are authorized to be appropriated not to exceed
$10,000,000 to the National Institute of Justice Science
and Technology Office—
(1) to develop technologies that can be used to
combat terrorism, including technologies in the areas
of—
(A) detection of weapons, explosives,
chemicals, and persons;
(B) tracking;
(C) surveillance;
(D) vulnerability assessment; and
(E) information technologies;
(2) to develop standards to ensure the adequacy
of products produced and compatibility with relevant
national systems; and
(3) to identify and assess requirements for tech-
nologies to assist State and local law enforcement in
the national program to combat terrorism.
SEC. 704. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for each of
fiscal years 1996 through 2000 to the Federal Bureau of
Investigation such sums as are necessary—
(1) to hire additional personnel, and to procure
equipment, to support expanded investigations of do-
mestic and international terrorism activities;
(2) to establish a Domestic Counterterrorism
Center to coordinate and centralize Federal, State,
and local law enforcement efforts in response to
major terrorist incidents, and as a clearinghouse for
all domestic and international terrorism information
and intelligence; and
(3) to cover costs associated with providing law
enforcement coverage of public events offering the
potential of being targeted by domestic or inter-
national terrorists.
TITLE VIII—MISCELLANEOUS
SEC. 801. STUDY OF STATE LICENSING REQUIREMENTS
FOR THE PURCHASE AND USE OF HIGH EX-
PLOSIVES.
The Secretary of the Treasury, in consultation with
the Federal Bureau of Investigation, shall conduct a study
of State licensing requirements for the purchase and use
of commercial high explosives, including detonators, deto-
nating cords, dynamite, water gel, emulsion, blasting
agents, and boosters. Not later than 180 days after the
date of the enactment of this Act, the Secretary shall re-
port to Congress the results of this study, together with
any recommendations the Secretary determines are appro-
priate.
SEC. 802. COMPENSATION OF VICTIMS OF TERRORISM.
(a) REQUIRING
COMPENSATION
FOR
TERRORIST
CRIMES.—Section 1403(d)(3) of the Victims of Crime Act
of 1984 (42 U.S.C. 10603(d)(3)) is amended—
(1) by inserting ‘‘crimes involving terrorism,’’
before ‘‘driving while intoxicated’’; and
(2) by inserting a comma after ‘‘driving while
intoxicated’’.
(b) FOREIGN TERRORISM.—Section 1403(b)(6)(B) of
the Victims of Crime Act of 1984 (42 U.S.C.
10603(b)(6)(B)) is amended by inserting ‘‘are outside the
United States (if the compensable crime is terrorism, as
defined in section 2331 of title 18, United States Code),
or’’ before ‘‘are States not having’’.
SEC. 803. JURISDICTION FOR LAWSUITS AGAINST TERROR-
IST STATES.
(a) EXCEPTION TO FOREIGN SOVEREIGN IMMUNITY
FOR CERTAIN CASES.—Section 1605 of title 28, United
States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘or’’ at the end of para-
graph (5);
(B) by striking the period at the end of
paragraph (6) and inserting ‘‘; or’’; and
(C) by adding at the end the following new
paragraph:
‘‘(7) not otherwise covered by paragraph (2), in
which money damages are sought against a foreign
state for personal injury or death that was caused
by an act of torture, extrajudicial killing, aircraft
sabotage, hostage taking, or the provision of mate-
rial support or resources (as defined in section
2339A of title 18) for such an act if such act or pro-
vision of material support is engaged in by an offi-
cial, employee, or agent of such foreign state while
acting within the scope of his or her office, employ-
ment, or agency, except that—
‘‘(A) an action under this paragraph shall
not be maintained unless the act upon which
the claim is based occurred while the individual
bringing the claim was a national of the United
States (as that term is defined in section
101(a)(22) of the Immigration and Nationality
Act); and
‘‘(B) the court shall decline to hear a claim
under this paragraph if the foreign state
against whom the claim has been brought es-
tablishes that procedures and remedies are
available in such state which comport with fun-
damental fairness and due process.’’; and
(2) by adding at the end the following new sub-
section:
‘‘(e) For purposes of paragraph (7) of subsection
(a)—
‘‘(1) the terms ‘torture’ and ‘extrajudicial kill-
ing’ have the meaning given those terms in section
3 of the Torture Victim Protection Act of 1991;
‘‘(2) the term ‘hostage taking’ has the meaning
given that term in Article 1 of the International
Convention Against the Taking of Hostages; and
‘‘(3) the term ‘aircraft sabotage’ has the mean-
ing given that term in Article 1 of the Convention
for the Suppression of Unlawful Acts Against the
Safety of Civil Aviation.’’.
(b) EXCEPTION
TO
IMMUNITY
FROM
ATTACH-
MENT.—
(1) FOREIGN STATE.—Section 1610(a) of title
28, United States Code, is amended—
(A) by striking the period at the end of
paragraph (6) and inserting ‘‘, or’’; and
(B) by adding at the end the following new
paragraph:
‘‘(7) the judgment relates to a claim for which
the foreign state is not immune under section
1605(a)(7), regardless of whether the property is or
was involved with the act upon which the claim is
based.’’.
(2) AGENCY
OR
INSTRUMENTALITY.—Section
1610(b)(2) of such title is amended—
(A) by striking ‘‘or (5)’’ and inserting
‘‘(5), or (7)’’; and
(B) by striking ‘‘used for the activity’’ and
inserting ‘‘involved in the act’’.
(c) APPLICABILITY.—The amendments made by this
title shall apply to any cause of action arising before, on,
or after the date of the enactment of this Act.
SEC. 804. COMPILATION OF STATISTICS RELATING TO IN-
TIMIDATION OF GOVERNMENT EMPLOYEES.
(a) FINDINGS.—Congress finds that—
(1) threats of violence and acts of violence are
mounting against Federal, State, and local govern-
ment employees and their families in attempts to
stop public servants from performing their lawful
duties;
(2) these acts are a danger to our constitutional
form of government; and
(3) more information is needed as to the extent
of the danger and its nature so that steps can be
taken to protect public servants at all levels of gov-
ernment in the performance of their duties.
(b) STATISTICS.—The Attorney General shall acquire
data, for the calendar year 1990 and each succeeding cal-
endar year about crimes and incidents of threats of vio-
lence and acts of violence against Federal, State, and local
government employees in performance of their lawful du-
ties. Such data shall include—
(1) in the case of crimes against such employ-
ees, the nature of the crime; and
(2) in the case of incidents of threats of vio-
lence and acts of violence, including verbal and im-
plicit threats against such employees, whether or not
criminally punishable, which deter the employees
from the performance of their jobs.
(c) GUIDELINES.—The Attorney General shall estab-
lish guidelines for the collection of such data, including
what constitutes sufficient evidence of noncriminal inci-
dents required to be reported.
(d) ANNUAL PUBLISHING.—The Attorney General
shall publish an annual summary of the data acquired
under this section. Otherwise such data shall be used only
for research and statistical purposes.
(e) EXEMPTION.—The United States Secret Service
is not required to participate in any statistical reporting
activity under this section with respect to any direct or
indirect threats made against any individual for whom the
United States Secret Service is authorized to provide pro-
tection.
SEC. 805. VICTIM RESTITUTION ACT.
(a) ORDER OF RESTITUTION.—Section 3663 of title
18, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘may order, in addition
to or, in the case of a misdemeanor, in lieu
of any other penalty authorized by law’’
and inserting ‘‘shall order’’; and
(ii) by adding at the end the follow-
ing: ‘‘The requirement of this paragraph
does not affect the power of the court to
impose any other penalty authorized by
law. In the case of a misdemeanor, the
court may impose restitution in lieu of any
other penalty authorized by law.’’;
(B) by adding at the end the following:
‘‘(4) In addition to ordering restitution to the victim
of the offense of which a defendant is convicted, a court
may order restitution to any person who, as shown by a
preponderance of evidence, was harmed physically, emo-
tionally, or pecuniarily, by unlawful conduct of the defend-
ant during—
‘‘(A) the criminal episode during which the of-
fense occurred; or
‘‘(B) the course of a scheme, conspiracy, or pat-
tern of unlawful activity related to the offense.’’;
(2) in subsection (b)(1)(B) by striking ‘‘imprac-
tical’’ and inserting ‘‘impracticable’’;
(3) in subsection (b)(2) by inserting ‘‘emotional
or’’ after ‘‘resulting in’’;
(4) in subsection (b)—
(A) by striking ‘‘and’’ at the end of para-
graph (4);
(B) by redesignating paragraph (5) as
paragraph (6); and
(C) by inserting after paragraph (4) the
following new paragraph:
‘‘(5) in any case, reimburse the victim for lost
income and necessary child care, transportation, and
other expenses related to participation in the inves-
tigation or prosecution of the offense or attendance
at proceedings related to the offense; and’’;
(5) in subsection (c) by striking ‘‘If the court
decides to order restitution under this section, the’’
and inserting ‘‘The’’;
(6) by striking subsections (d), (e), (f), (g), and
(h);
(7) by redesignating subsection (i) as subsection
(m); and
(8) by inserting after subsection (c) the follow-
ing:
‘‘(d)(1) The court shall order restitution to a victim
in the full amount of the victim’s losses as determined by
the court and without consideration of—
‘‘(A) the economic circumstances of the of-
fender; or
‘‘(B) the fact that a victim has received or is
entitled to receive compensation with respect to a
loss from insurance or any other source.
‘‘(2) Upon determination of the amount of restitution
owed to each victim, the court shall specify in the restitu-
tion order the manner in which and the schedule according
to which the restitution is to be paid, in consideration of—
‘‘(A) the financial resources and other assets of
the offender;
‘‘(B) projected earnings and other income of
the offender; and
‘‘(C) any financial obligations of the offender,
including obligations to dependents.
‘‘(3) A restitution order may direct the offender to
make a single, lump-sum payment, partial payment at
specified intervals, or such in-kind payments as may be
agreeable to the victim and the offender. A restitution
order shall direct the offender to give appropriate notice
to victims and other persons in cases where there are mul-
tiple victims or other persons who may receive restitution,
and where the identity of such victims and other persons
can be reasonably determined.
‘‘(4) An in-kind payment described in paragraph (3)
may be in the form of—
‘‘(A) return of property;
‘‘(B) replacement of property; or
‘‘(C) services rendered to the victim or to a per-
son or organization other than the victim.
‘‘(e) When the court finds that more than 1 offender
has contributed to the loss of a victim, the court may make
each offender liable for payment of the full amount of res-
titution or may apportion liability among the offenders to
reflect the level of contribution and economic cir-
cumstances of each offender.
‘‘(f) When the court finds that more than 1 victim
has sustained a loss requiring restitution by an offender,
the court shall order full restitution to each victim but
may provide for different payment schedules to reflect the
economic circumstances of each victim.
‘‘(g)(1) If the victim has received or is entitled to re-
ceive compensation with respect to a loss from insurance
or any other source, the court shall order that restitution
be paid to the person who provided or is obligated to pro-
vide the compensation, but the restitution order shall pro-
vide that all restitution to victims required by the order
be paid to the victims before any restitution is paid to
such a provider of compensation.
‘‘(2) The issuance of a restitution order shall not af-
fect the entitlement of a victim to receive compensation
with respect to a loss from insurance or any other source
until the payments actually received by the victim under
the restitution order fully compensate the victim for the
loss, at which time a person that has provided compensa-
tion to the victim shall be entitled to receive any payments
remaining to be paid under the restitution order.
‘‘(3) Any amount paid to a victim under an order of
restitution shall be set off against any amount later recov-
ered as compensatory damages by the victim in—
‘‘(A) any Federal civil proceeding; and
‘‘(B) any State civil proceeding, to the extent
provided by the law of the State.
‘‘(h) A restitution order shall provide that—
‘‘(1) all fines, penalties, costs, restitution pay-
ments and other forms of transfers of money or
property made pursuant to the sentence of the court
shall be made by the offender to an entity des-
ignated by the Director of the Administrative Office
of the United States Courts for accounting and pay-
ment by the entity in accordance with this sub-
section;
‘‘(2) the entity designated by the Director of
the Administrative Office of the United States
Courts shall—
‘‘(A) log all transfers in a manner that
tracks the offender’s obligations and the cur-
rent status in meeting those obligations, unless,
after efforts have been made to enforce the res-
titution order and it appears that compliance
cannot be obtained, the court determines that
continued recordkeeping under this subpara-
graph would not be useful; and
‘‘(B) notify the court and the interested
parties when an offender is 30 days in arrears
in meeting those obligations; and
‘‘(3) the offender shall advise the entity des-
ignated by the Director of the Administrative Office
of the United States Courts of any change in the of-
fender’s address during the term of the restitution
order.
‘‘(i) A restitution order shall constitute a lien against
all property of the offender and may be recorded in any
Federal or State office for the recording of liens against
real or personal property.
‘‘(j) Compliance with the schedule of payment and
other terms of a restitution order shall be a condition of
any probation, parole, or other form of release of an of-
fender. If a defendant fails to comply with a restitution
order, the court may revoke probation or a term of super-
vised release, modify the term or conditions of probation
or a term of supervised release, hold the defendant in con-
tempt of court, enter a restraining order or injunction,
order the sale of property of the defendant, accept a per-
formance bond, or take any other action necessary to ob-
tain compliance with the restitution order. In determining