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SEC. 103. STUDY AND REQUIREMENTS FOR TAGGING OF EX-
PLOSIVE MATERIALS, AND STUDY AND REC-
OMMENDATIONS FOR RENDERING EXPLO-
SIVE COMPONENTS INERT AND IMPOSING
CONTROLS OR PRECURSORS OF EXPLOSIVES.
(a) The Secretary of the Treasury shall conduct a
study and make recommendations concerning—
(1) the tagging of explosive materials for pur-
poses of detection and identification;
(2) whether common chemicals used to manu-
facture explosive materials can be rendered insert
and whether it is feasible to require it; and
(3) whether controls can be imposed on certain
precursor chemicals used to manufacture explosive
materials and whether it is feasible to require it.
In conducting the study, the Secretary shall consult with
other Federal, State and local officials with expertise in
this area and such other individuals as shall be deemed
necessary. Such study shall be complete within 12 months
after the enactment of this Act and shall be submitted
to the Congress and made available to the public. Such
study may include, if appropriate, recommendations for
legislation.
(b) There are authorized to be appropriated for the
study and recommendations contained in paragraph (a)
such sums as may be necessary.
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(c) Section 842, of title 18, United States Code, is
amended by inserting after subsection (k), a new sub-
section (l) which reads as follows:
‘‘(l) It shall be unlawful for any person to manufac-
ture, import, ship, transport, receive, possess, transfer, or
distribute any explosive material that does not contain a
tracer element as prescribed by the Secretary pursuant to
regulation, knowing or having reasonable cause to believe
that the explosive material does not contain the required
tracer element.’’.
(d) Section 844, of title 18, United States Code, is
amended by inserting after ‘‘(a) through (i)’’ the phrase
‘‘and (l)’’.
(e) Section 846, of title 18, United States Code, is
amended by designating the present section as ‘‘(a),’’ and
by adding a new subsection (b) reading as follows:
‘‘(b) To facilitate the enforcement of this chapter, the
Secretary may provide by regulation for the addition of
tracer elements to explosive materials manufactured in or
imported into the United States. Tracer elements to be
added to explosive materials under provisions of this sub-
section shall be of such character and in such quantity
as the Secretary may authorize or require, and such as
will not substantially impair the quality of the explosive
materials for their intended lawful use, be unreasonably
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unsafe, or have a substantially adverse effect on the envi-
ronment.’’.
(f) The penalties provided for herein, shall not take
effect until the later of one year from the date of enact-
ment of this Act or 90 days from the date of promulgation
of the regulations provided for herein.
SEC. 104. ACCESS TO RECORDS OF COMMON CARRIERS,
PUBLIC ACCOMMODATION FACILITIES, PHYS-
ICAL STORAGE FACILITIES AND VEHICLE
RENTAL FACILITIES IN FOREIGN COUNTER-
INTELLIGENCE 
AND 
COUNTERTERRORISM
CASES.
Title 18, United States Code, is amended by inserting
after chapter 121 the following new chapter:
‘‘CHAPTER 122—ACCESS TO CERTAIN RECORDS
‘‘§ 2720. Access to records of common carriers, public
accommodation 
facilities, 
physical
storage 
facilities 
and 
vehicle 
rental
facilities 
in 
counterintelligence 
and
counterterrorism cases
‘‘(a) Any common carrier, public accommodation fa-
cility, physical storage facility or vehicle rental facility
shall comply with a request for records in its possession
made pursuant to this section by the Federal Bureau of
Investigation when the Director or designee (whose rank
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shall be no lower than Assistant Special Agent in Charge)
certifies in writing to the common carrier, public accom-
modation facility, physical storage facility or vehicle rental
facility that such records are sought for foreign counter-
intelligence purposes and that there are specific and
articulable facts giving reason to believe that the person
to whom the records sought pertain, is a foreign power
or an agent of a foreign power as defined in section 101
of the Foreign Intelligence Surveillance Act (50 U.S.C.
1801).
‘‘(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 facility or
vehicle rental facility necessary to fulfill the requirement
to disclose the information to the Federal Bureau of Inves-
tigation under this section, that the Federal Bureau of
Investigation has sought or obtained the records re-
quested.
‘‘(c) As used in this chapter—
‘‘(1) the term ‘common carrier’ means a loco-
motive, a rail carrier, a bus carrying passengers, a
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water common carrier, an air common carrier, or a
private commercial interstate carrier for the delivery
of packages and other objects;
‘‘(2) the term ‘public accommodation facility’
means any inn, hotel, motel or other establishment
which provides lodging to transient guests;
‘‘(3) the term ‘physical storage facility’ means
any business or entity which 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 which provides vehicles for rent,
lease, loan or other similar use, to the public or any
segment thereof.’’.
SEC. 105. LIMITATION OF STATUTORY EXCLUSIONARY
RULE.
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, unless the violation of this chapter in-
volved bad faith by law enforcement.’’.
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SEC. 106. AUTHORITY FOR WIRETAPS IN ANY TERRORISM-
RELATED OR EXPLOSIVES FELONY.
(a) Section 2516(1) of title 18, United States Code,
is amended—
(1) by inserting after the words ‘‘section 224
(bribery in sporting contests)’’, the words ‘‘section
842 (relating to explosives violations)’’.
(2) by striking ‘‘and ’’ at the end of paragraph
(n);
(3) by striking the period at the end of para-
graph (o) and inserting ‘‘; and’’; and
(4) by adding a new paragraph (p) as follows:
‘‘(p) any other felony under the laws of the
United States if the Attorney General, the Deputy
Attorney General, or the Assistant Attorney General
for the Criminal Division (or an official acting in
any such capacity) certifies to the court under seal
that there is reason to believe the felony involves or
may involve domestic terrorism or international ter-
rorism (as those terms are defined in 18 U.S.C.
2331).’’
(b) Section 2510(12) of title 18, United States Code,
is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(B);
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laws of the United States or of any State and which
appear to be intended to intimidate or coerce a civil-
ian population or to influence the policy of a govern-
ment by intimidation or coercion; or to affect the
conduct of a government by assassination or kidnap-
ping.’’
SEC. 108. EXPANDED AUTHORITY FOR ROVING WIRETAPS.
Section 2518(11) of title 18, United States Code, is
amended to read as follows:
‘‘(11) The requirements of subsections (1)(b)(ii) and
(3)(d) of this section relating to the specification of facili-
ties from which or the place where the communication is
to be intercepted do not apply if in the case of an applica-
tion with respect to the interception of wire, oral or elec-
tronic communications—
‘‘(a) the application is by a federal investigative
or law enforcement officer, and is approved by the
Attorney General, the Deputy Attorney General, the
Associate Attorney General, or an Assistant Attor-
ney General (or an official acting in any such capac-
ity);
‘‘(b) the application contains a full and com-
plete statement as to why such specification is not
practical and identifies the person committing the
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offense and whose communications are to be inter-
cepted; and
‘‘(c) the judge finds that such specification is
not practical.’’.
SEC. 109. ENHANCED ACCESS TO TELEPHONE BILLING
RECORDS.
(a) 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’’; and
(2) 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 designee in
a position not lower than Deputy Assistant Director)
certifies in writing to the wire or electronic commu-
nication service provider to which the request is
made that the information sought is relevant to an
authorized domestic terrorism (as that term is de-
fined in section 2331(5) of this title) investigation.’’.
(b) Section 2703(c)(1)(C) of title 18, United States
Code, is amended by inserting ‘‘local and long distance’’
before ‘‘telephone toll billing records’’.
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SEC. 110. REQUIREMENT TO PRESERVE EVIDENCE.
Section 2703 of title 18, United States Code, is
amended by adding a new subsection (f), as follows:
‘‘(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. 111. PERMISSION TO REQUEST MILITARY ASSISTANCE
WITH RESPECT TO OFFENSES INVOLVING
CHEMICAL AND BIOLOGICAL WEAPONS.
(a) Section 175 of title 18, United States Code, is
amended by adding a new subsection (c), as follows:
‘‘(c)(1) MILITARY
ASSISTANCE.—Notwithstanding
any other provision of law, the Attorney General may re-
quest that the Secretary of Defense provide technical as-
sistance in support of Department of Justice activities re-
lating to the enforcement of this section in situations in-
volving biological weapon emergencies. Department of De-
fense resources, including civilian personnel and members
of the uniformed services, may be used to provide such
technical assistance if—
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‘‘(A) the Secretary of Defense and the Attorney
General determine that an emergency situation in-
volving biological weapons of mass destruction ex-
ists; and
‘‘(B) the Secretary of Defense determines that
the provision of such assistance will not adversely af-
fect the military preparedness of the United States.
‘‘(2) As used in this section, ‘emergency situation’
means a circumstance—
‘‘(A) that poses a serious threat to the interests
of the United States; and
‘‘(B) in which—
‘‘(i) enforcement of the law would be seri-
ously impaired if the assistance were not pro-
vided;
‘‘(ii) military technical assistance and ex-
pertise is needed to counter the threat posed by
the biological agent involved; and
‘‘(iii) civilian law enforcement expertise is
not available to provide the required technical
assistance.
‘‘(3) As used in this section, ‘technical assistance’
means the provision of equipment and technical expertise
to law enforcement officials in the investigation of viola-
tions of this section, such as technical assistance in con-
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ducting searches that seek evidence or instrumentalities
of violations of this section, technical assistance in taking
and collecting evidence related to violations of this section,
and technical assistance in disarming and disabling indi-
viduals in possession of contraband under this section. It
does not include authority to apprehend or arrest.
‘‘(4) The Secretary of Defense may require reim-
bursement as a condition of assistance under this section.
‘‘(5) The Attorney General may delegate the Attorney
General’s function under this subsection only to a Deputy,
Associate, or Assistant Attorney General.’’.
(b) Chapter 113B of title 18, United States Code,
is amended by adding after section 2332a the following
new section:
‘‘§ 2332b. Use of chemical weapons
‘‘(a) OFFENSE.—A person who without lawful au-
thority uses, or attempts or conspires to use, a chemical
weapon—
‘‘(1) against a national of the United States
while such national is outside of the United States;
‘‘(2) against any person within the United
States; or
‘‘(3) against any property that is owned, leased
or used by the United States or by any department