I
104TH CONGRESS
1ST SESSION
H. R. 2703
To combat terrorism.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 5, 1995
Mr. HYDE (for himself, Mr. MCCOLLUM, Mr. SMITH of Texas, and Mr. BARR
of Georgia) introduced the following bill; which was referred to the Com-
mittee 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 ‘‘Comprehensive
Antiterrorism Act of 1995’’.
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. Acts of terrorism transcending national boundaries.
Sec. 105. Conspiracy to harm people and property overseas.
Sec. 106. Clarification and extension of criminal jurisdiction over certain terror-
ism offenses overseas.
Sec. 107. Expansion and modification of weapons of mass destruction statute.
Sec. 108. Addition of offenses to the money laundering statute.
Sec. 109. Expansion of Federal jurisdiction over bomb threats.
Sec. 110. Clarification of maritime violence jurisdiction.
Sec. 111. Possession of stolen explosives prohibited.
Sec. 112. Study to determine standards for determining what ammunition is
capable of penetrating police body armor.
TITLE II—INCREASED PENALTIES
Sec. 201. Mandatory minimum 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 a firearm knowing that it will be
used to commit a crime of violence.
Sec. 205. Mandatory penalty for transferring an explosive material knowing
that it will be used to commit a crime of violence.
Sec. 206. Directions to Sentencing Commission.
TITLE III—INVESTIGATIVE TOOLS
Sec. 301. Pen registers and trap and trace devices in foreign counterintelligence
investigations.
Sec. 302. Disclosure of certain consumer reports to the Federal Bureau of In-
vestigation.
Sec. 303. Disclosure of business records held by third parties in foreign coun-
terintelligence cases.
Sec. 304. Study of tagging explosive materials, detection of explosives and ex-
plosive materials, rendering explosive components inert, and
imposing controls of precursors of explosives.
Sec. 305. Application of statutory exclusionary rule concerning intercepted wire
or oral communications.
Sec. 306. Exclusion of certain types of information from wiretap-related defini-
tions.
Sec. 307. Access to telephone billing records.
Sec. 308. Requirement to preserve record evidence.
Sec. 309. Detention hearing.
Sec. 310. Reward authority of the Attorney General.
Sec. 311. Protection of Federal Government buildings in the District of Colum-
bia.
Sec. 312. 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—IMMIGRATION-RELATED PROVISIONS
Subtitle A—Removal of Alien Terrorists
PART 1—REMOVAL PROCEDURES FOR ALIEN TERRORISTS
Sec. 601. Removal procedures for alien terrorists.
Sec. 602. Funding for detention and removal of alien terrorists.
PART 2—EXCLUSION AND DENIAL OF ASYLUM FOR ALIEN TERRORISTS
Sec. 611. Membership in terrorist organization as ground for exclusion.
Sec. 612. Denial of asylum to alien terrorists.
Sec. 613. Denial of other relief for alien terrorists.
Subtitle B—Expedited Exclusion
Sec. 621. Inspection and exclusion by immigration officers.
Sec. 622. Judicial review.
Sec. 623. Exclusion of aliens who have not been inspected and admitted.
Subtitle C—Improved Information and Processing
PART 1—IMMIGRATION PROCEDURES
Sec. 631. Access to certain confidential INS files through court order.
Sec. 632. Waiver authority concerning notice of denial of application for visas.
PART 2—ASSET FORFEITURE FOR PASSPORT AND VISA OFFENSES
Sec. 641. Criminal forfeiture for passport and visa related offenses.
Sec. 642. Subpoenas for bank records.
Sec. 643. Effective date.
Subtitle D—Employee Verification by Security Services Companies
Sec. 651. Permitting security services companies to request additional docu-
mentation.
Subtitle E—Criminal Alien Deportation Improvements
Sec. 661. Short title.
Sec. 662. Additional expansion of definition of aggravated felony.
Sec. 663. Deportation procedures for certain criminal aliens who are not per-
manent residents.
Sec. 664. Restricting the defense to exclusion based on 7 years permanent resi-
dence for certain criminal aliens.
Sec. 665. Limitation on collateral attacks on underlying deportation order.
Sec. 666. Criminal alien identification system.
Sec. 667. Establishing certain alien smuggling-related crimes as RICO-predi-
cate offenses.
Sec. 668. Authority for alien smuggling investigations.
Sec. 669. Expansion of criteria for deportation for crimes of moral turpitude.
Sec. 670. Payments to political subdivisions for costs of incarcerating illegal
aliens.
Sec. 671. Miscellaneous provisions.
Sec. 672. Construction of expedited deportation requirements.
Sec. 673. Study of prisoner transfer treaty with Mexico.
Sec. 674. Justice Department assistance in bringing to justice aliens who flee
prosecution for crimes in the United States.
Sec. 675. Prisoner transfer treaties.
Sec. 676. Interior repatriation program.
Sec. 677. Deportation of nonviolent offenders prior to completion of sentence
of imprisonment.
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.
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. Study of publicly available instructional material on the making of
bombs, destructive devices, and weapons of mass destruction.
Sec. 805. Compilation of statistics relating to intimidation of Government em-
ployees.
Sec. 806. Victim Restitution Act of 1995.
TITLE IX—HABEAS CORPUS REFORM
Sec. 901. Filing deadlines.
Sec. 902. Appeal.
Sec. 903. Amendment of Federal rules of appellate procedure.
Sec. 904. Section 2254 amendments.
Sec. 905. Section 2255 amendments.
Sec. 906. Limits on second or successive applications.
Sec. 907. Death penalty litigation procedures.
Sec. 908. Technical amendment.
Sec. 909. Severability.
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.—That 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
preparation for or in carrying out the concealment or an
escape from the commission of any such violation, shall
be fined under this title, imprisoned 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. ACTS OF TERRORISM TRANSCENDING NATIONAL
BOUNDARIES.
(a) OFFENSE.—Title 18, United States Code, is
amended by inserting after section 2332a the following:
‘‘§ 2332b. Acts of terrorism transcending national
boundaries
‘‘(a) PROHIBITED ACTS.—
‘‘(1) Whoever, involving any conduct transcend-
ing national boundaries and in a circumstance de-
scribed in subsection (b)—
‘‘(A) kills, kidnaps, maims, commits an as-
sault resulting in serious bodily injury, or as-
saults with a dangerous weapon any individual
within the United States; or
‘‘(B) creates a substantial risk of serious
bodily injury to any other person by destroying
or damaging any structure, conveyance, or
other real or personal property within the
United States or by attempting or conspiring to
destroy or damage any structure, conveyance,
or other real or personal property within the
United States;
in violation of the laws of any State or the United
States shall be punished as prescribed in subsection
(c).
‘‘(2) Whoever threatens to commit an offense
under paragraph (1), or attempts or conspires to do
so, shall be punished as prescribed in subsection (c).
‘‘(b) JURISDICTIONAL BASES.—The circumstances
referred to in subsection (a) are—
‘‘(1) any of the offenders travels in, or uses the
mail or any facility of, interstate or foreign com-
merce in furtherance of the offense or to escape ap-
prehension after the commission of the offense;
‘‘(2) the offense obstructs, delays, or affects
interstate or foreign commerce, or would have so ob-
structed, delayed, or affected interstate or foreign
commerce if the offense had been consummated;
‘‘(3) the victim, or intended victim, is the Unit-
ed States Government, a member of the uniformed
services, or any official, officer, employee, or agent
of the legislative, executive, or judicial branches, or
of any department or agency, of the United States;
‘‘(4) the structure, conveyance, or other real or
personal property is, in whole or in part, owned, pos-
sessed, used by, or leased to the United States, or
any department or agency thereof;
‘‘(5) the offense is committed in the territorial
sea (including the airspace above and the seabed and
subsoil below, and artificial islands and fixed struc-
tures erected thereon) of the United States; or
‘‘(6) the offense is committed in those places
within the United States that are in the special mar-
itime and territorial jurisdiction of the United
States.
Jurisdiction shall exist over all principals and co-conspira-
tors of an offense under this section, and accessories after
the fact to any offense under this section, if at least one
of such circumstances is applicable to at least one of-
fender.
‘‘(c) PENALTIES.—
‘‘(1) Whoever violates this section shall be pun-
ished—
‘‘(A) for a killing or if death results to any
person from any other conduct prohibited by
this section by death, or by imprisonment for
any term of years or for life;
‘‘(B) for kidnapping, by imprisonment for
any term of years or for life;
‘‘(C) for maiming, by imprisonment for not
more than 35 years;
‘‘(D) for assault with a dangerous weapon
or assault resulting in serious bodily injury, by
imprisonment for not more than 30 years;
‘‘(E) for destroying or damaging any
structure, conveyance, or other real or personal
property, by imprisonment for not more than
25 years;
‘‘(F) for attempting or conspiring to com-
mit an offense, for any term of years up to the
maximum punishment that would have applied
had the offense been completed; and
‘‘(G) for threatening to commit an offense
under this section, by imprisonment for not
more than 10 years.
‘‘(2) Notwithstanding any other provision of
law, the court shall not place on probation any per-
son convicted of a violation of this section; nor shall
the term of imprisonment imposed under this section
run concurrently with any other term of imprison-
ment.
‘‘(d) LIMITATION ON PROSECUTION.—No indictment
shall be sought nor any information filed for any offense
described in this section until the Attorney General, or the
highest ranking subordinate of the Attorney General with
responsibility for criminal prosecutions, makes a written
certification that, in the judgment of the certifying official,
such offense, or any activity preparatory to or meant to
conceal its commission, is a Federal crime of terrorism.
‘‘(e) PROOF REQUIREMENTS.—
‘‘(1) The prosecution is not required to prove
knowledge by any defendant of a jurisdictional base
alleged in the indictment.
‘‘(2) In a prosecution under this section that is
based upon the adoption of State law, only the ele-
ments of the offense under State law, and not any
provisions pertaining to criminal procedure or evi-
dence, are adopted.
‘‘(f) EXTRATERRITORIAL JURISDICTION.—There is
extraterritorial Federal jurisdiction—
‘‘(1) over any offense under subsection (a), in-
cluding any threat, attempt, or conspiracy to commit
such offense; and
‘‘(2) over conduct which, under section 3 of this
title, renders any person an accessory after the fact
to an offense under subsection (a).
‘‘(g) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘conduct transcending national
boundaries’ means conduct occurring outside the
United States in addition to the conduct occurring
in the United States;
‘‘(2) the term ‘facility of interstate or foreign
commerce’ has the meaning given that term in sec-
tion 1958(b)(2) of this title;
‘‘(3) the term ‘serious bodily injury’ has the
meaning prescribed in section 1365(g)(3) of this
title;
‘‘(4) the term ‘territorial sea of the United
States’ means all waters extending seaward to 12
nautical miles from the baselines of the United
States determined in accordance with international
law; and
‘‘(5) 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
(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 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. 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 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 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
‘‘SEC. 624. DISCLOSURES TO THE FEDERAL BUREAU OF IN-
VESTIGATION FOR FOREIGN COUNTERINTEL-
LIGENCE PURPOSES.
‘‘(a) IDENTITY OF FINANCIAL INSTITUTIONS.—(1)
Notwithstanding section 604 or any other provision of this
title, a court or magistrate judge may issue an order ex
parte, upon application by the Director of the Federal Bu-
reau of Investigation (or the Director’s designee, whose
rank shall be no lower than Assistant Special Agent in
Charge), directing a consumer reporting agency to furnish
to the Federal Bureau of Investigation the names and ad-
dresses of all financial institutions (as that term is defined
in section 1101 of the Right to Financial Privacy Act of
1978) at which a consumer maintains or has maintained
an account, to the extent that information is in the files
of the agency. The court or magistrate judge shall issue
the order if the court or magistrate judge finds, that—
‘‘(A) such information is necessary for the con-
duct of an authorized foreign counterintelligence in-
vestigation; and
‘‘(B) there are specific and articulable facts giv-
ing reason to believe that the consumer—
‘‘(i) 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
‘‘(ii) 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.
‘‘(2) An order issued under this subsection shall not
disclose that it is issued for purposes of a counterintel-
ligence investigation.
‘‘(b) IDENTIFYING
INFORMATION.—(1) Notwith-
standing section 604 or any other provision of this title,
a court or magistrate judge shall issue an order ex parte,
upon application by the Director of the Federal Bureau
of Investigation (or the Director’s designee, whose rank
shall be no lower than Assistant Special Agent in Charge),
directing a consumer reporting agency to furnish identify-
ing information respecting a consumer, limited to name,
address, former addresses, places of employment, or
former places of employment, to the Federal Bureau of
Investigation. The court or magistrate judge shall issue
the order if the court or magistrate judge finds, that—
‘‘(A) such information is necessary to the con-
duct of an authorized foreign counterintelligence in-
vestigation; and
‘‘(B) there is information giving reason to be-
lieve that the consumer has been, or is, in contact
with a foreign power or an agent of a foreign power
(as defined in section 101 of the Foreign Intelligence
Surveillance Act of 1978).
‘‘(2) An order issued under this subsection shall not
disclose that it is issued for purposes of a counterintel-
ligence investigation.
‘‘(c) COURT ORDER FOR DISCLOSURE OF CONSUMER
REPORTS.—(1) 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 the Direc-
tor’s designee, whose rank shall be no lower than Assistant
Special Agent in Charge), a court may issue an order ex
parte directing a consumer reporting agency to furnish a
consumer report to the Federal Bureau of Investigation,
after the court or magistrate finds, in a proceeding in
camera, that—
‘‘(A) the consumer report is necessary for the
conduct of an authorized foreign counterintelligence
investigation; and
‘‘(B) there are specific and articulable facts giv-
ing reason to believe that the consumer whose
consumer report is sought—
‘‘(i) is an agent of a foreign power; and
‘‘(ii) 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.
‘‘(2) An order issued under this subsection shall not
disclose that it is issued for purposes of a counterintel-
ligence investigation.
‘‘(d) CONFIDENTIALITY.—(1) No consumer reporting
agency or officer, employee, or agent of a consumer report-
ing agency shall disclose to any person, other than officers,
employees, or agents of a consumer reporting agency nec-
essary to fulfill the requirement to disclose information 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).
‘‘(2) No consumer reporting agency or officer, em-
ployee, or agent of a consumer reporting agency shall in-
clude in any consumer report any information that would
indicate that the Federal Bureau of Investigation has
sought or obtained such information or a consumer report.
‘‘(e) PAYMENT OF FEES.—The Federal Bureau of
Investigation is authorized, subject to the availability of
appropriations, pay to the consumer reporting agency as-
sembling or providing reports or information in accord-
ance with procedures established under this section, a fee
for reimbursement for such costs as are reasonably nec-
essary and which have been directly incurred in searching,
reproducing, 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—
‘‘(1) 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
‘‘(2) 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.
‘‘(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 of informa-
tion from the Congress.
‘‘(h) REPORTS TO CONGRESS.—On an annual basis,
the Attorney General shall fully inform the Permanent Se-
lect Committee on Intelligence and the Committee on
Banking and Financial Services of the House of Rep-
resentatives, 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 any person harmed by the
violation in an amount equal to the sum 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 notwithstanding.
‘‘(l) 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 new item:
‘‘624. Disclosures to the Federal Bureau of Investigation for foreign counter-
intelligence 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. 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. 308. 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. 309. 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. 310. 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. 311. 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. 312. 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
‘‘(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:
‘‘(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.
‘‘(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-