IB
Union Calendar No. 193
104TH CONGRESS
1ST SESSION
H. R. 1710
[Report No. 104–383]
To combat terrorism.
IN THE HOUSE OF REPRESENTATIVES
MAY 25, 1995
Mr. HYDE (for himself, Mr. MCCOLLUM, Mr. SMITH of Texas, Mr. GEKAS,
Mr. CANADY of Florida, Mr. HOKE, and Mr. BONO) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary
DECEMBER 5, 1995
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 25, 1995]
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—NEW OFFENSES
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 ca-
pable 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. Interceptions of communications.
Sec. 302. Pen registers and trap and trace devices in foreign counterintelligence
investigations.
Sec. 303. Disclosure of certain consumer reports to the Federal Bureau of Inves-
tigation for foreign counterintelligence investigations.
Sec. 304. Access to records of common carriers, public accommodation facilities,
physical storage facilities, and vehicle rental facilities in foreign
counterintelligence and counterterrorism cases.
Sec. 305. Study of tagging explosive materials, detection of explosives and explo-
sive materials, rendering explosive components inert, and impos-
ing controls of precursors of explosives.
Sec. 306. Application of statutory exclusionary rule concerning intercepted wire
or oral communications.
Sec. 307. Exclusion of certain types of information from wiretap-related defini-
tions.
Sec. 308. Addition of conspiracies to temporary emergency wiretap authority.
Sec. 309. Requirements for multipoint wiretaps.
Sec. 310. Access to telephone billing records.
Sec. 311. Requirement to preserve record evidence.
Sec. 312. Authority to request military assistance with respect to offenses involv-
ing biological and chemical weapons.
Sec. 313. Detention hearing.
Sec. 314. Reward authority of the Attorney General.
Sec. 315. Definition of terrorism.
Sec. 316. Protection of Federal Government buildings in the District of Columbia.
Sec. 317. 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. Investigative authority.
Sec. 506. 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 documenta-
tion.
TITLE VII—AUTHORIZATION AND FUNDING
Sec. 701. Authorization of appropriations.
Sec. 702. Civil monetary penalty surcharge and telecommunications carrier com-
pliance payments.
Sec. 703. Firefighter and emergency services training
Sec. 704. Assistance to foreign countries to procure explosive detection devices and
other counter-terrorism technology.
Sec. 705. Research and development to support counterterrorism technologies.
TITLE VIII—MISCELLANEOUS
Sec. 801. Machine readable visas and passports.
Sec. 802. Study of State licensing requirements for the purchase and use of high
explosives.
Sec. 803. Compensation of victims of terrorism.
Sec. 804. Jurisdiction for lawsuits against terrorist States.
Sec. 805. Study of publicly available instructional material on the making of
bombs, destructive devices, and weapons of mass destruction.
Sec. 806. Compilation of statistics relating to intimidation of Government em-
ployees.
TITLE I—NEW OFFENSES
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 du-
ties, or any person assisting such an officer or employee
in the performance of such duties or on account of that as-
sistance, shall be punished, in the case of murder, as pro-
vided under section 1111, or in the case of manslaughter,
as provided under section 1112, or, in the case of attempted
murder or manslaughter, as provided in section 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 TERRORIST
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
which the person knows or should have known is a terrorist
organization and that has been designated under section
212(a)(3)(B)(iv) of the Immigration and Nationality Act
as a terrorist organization shall be fined under this title
or imprisoned not more than 10 years, or both.
‘‘(b) DEFINITION.—As used in this section, the term
‘material support or resources’ has the meaning given that
term in section 2339A of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 113B of title 18, United States
Code, is amended by adding at the end the following 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 material
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, 351, 844(f) or (i), 956, 1114, 1116, 1203,
1361, 1363, 1751, 2280, 2281, 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 com-
mission 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 ‘material
support or resources’ means currency or other financial se-
curities, financial services, lodging, training, safehouses,
false documentation or identification, communications
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 re-
ferred to in subsection (a) are—
‘‘(1) any of the offenders travels in, or uses the
mail or any facility of, interstate or foreign commerce
in furtherance of the offense or to escape apprehension
after the commission of the offense;
‘‘(2) the offense obstructs, delays, or affects inter-
state 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 United
States Government, a member of the uniformed serv-
ices, 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 mari-
time 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 offender.
‘‘(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 struc-
ture, conveyance, or other real or personal prop-
erty, 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 person con-
victed of a violation of this section; nor shall the term
of imprisonment imposed under this section run con-
currently with any other term of imprisonment.
‘‘(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 terrorism, as defined in section
2331 of this title.
‘‘(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 section
1958(b)(2) of this title;
‘‘(3) the term ‘serious bodily injury’ has the
meaning prescribed in section 1365(g)(3) of this title;
and
‘‘(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.’’.
(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 inserting after
the item relating to section 2332a the following new item:
‘‘2332b. Acts of terrorism transcending national boundaries.’’.
(c) STATUTE OF LIMITATIONS AMENDMENT.—Section
3286 of title 18, United States Code, is amended by—
(1) striking ‘‘any offense’’ and inserting ‘‘any
non-capital offense’’;
(2) striking ‘‘36’’ and inserting ‘‘37’’;
(3) striking ‘‘2331’’ and inserting ‘‘2332’’;
(4) striking ‘‘2339’’ and inserting ‘‘2332a’’; and
(5) inserting ‘‘2332b (acts of terrorism tran-
scending national boundaries),’’ after ‘‘(use of weap-
ons of mass destruction),’’.
(d) PRESUMPTIVE DETENTION.—Section 3142(e) of
title 18, United States Code, is amended by inserting ‘‘,
956(a), or 2332b’’ after ‘‘section 924(c)’’.
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, regardless
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 territorial juris-
diction 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 pro-
vided 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 within
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 sec-
tion 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 paragraph
(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 ‘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)).’’.
(b) DESTRUCTION OF AIRCRAFT OR AIRCRAFT FACILI-
TIES.—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 offender 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 pro-
tected 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 na-
tional of the United States, or (3) an offender is after-
wards 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 pro-
tected 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 na-
tional of the United States, or (3) an offender is after-
wards found in the United States.’’.
(e) THREATS AND EXTORTION AGAINST FOREIGN OF-
FICIALS 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 pro-
tected 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 na-
tional of the United States, or (3) an offender is after-
wards 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 out-
side the United States, the United States may exercise
jurisdiction over the offense if (1) the victim is a rep-
resentative, 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 pur-
poses 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.—Section
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 victim
is a national of the United States (as defined in sec-
tion 101(a)(22) of the Immigration and Nationality
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 de-
struction’’; 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), 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;’’;
(3) by redesignating subsection (b) as subsection
(c); and
(4) by inserting after subsection (a) the following
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.—Sec-
tion 1956(c)(7)(B)(ii) of title 18, United States Code, is
amended by striking ‘‘or extortion;’’ and inserting ‘‘extor-
tion, murder, or destruction of property by means of explo-
sive 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 fol-
lowing: ‘‘section 32 (relating to the destruction of air-
craft), section 37 (relating to violence at international
airports), section 115 (relating to influencing, imped-
ing, or retaliating against a Federal official by
threatening or injuring a family member),’’;
(2) by inserting after ‘‘section 215 (relating to
commissions or gifts for procuring loans),’’ the follow-
ing: ‘‘section 351 (relating to Congressional or Cabi-
net 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 conceal-
ment of assets from conservator, receiver, or liquidat-
ing agent of financial institution),’’ the following:
‘‘section 1111 (relating to murder), section 1114 (re-
lating to protection of officers and employees of the
United States), section 1116 (relating to murder of
foreign officials, official guests, or internationally
protected persons),’’;
(6) by inserting after ‘‘section 1203 (relating to
hostage taking),’’ the following: ‘‘section 1361 (relat-
ing to willful injury of Government property), section
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: ‘‘section
2280 (relating to violence against maritime naviga-
tion), section 2281 (relating to violence against mari-
time 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 2332b (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, United
States Code’’.
SEC. 109. EXPANSION OF FEDERAL JURISDICTION OVER
BOMB THREATS.
Section 844(e) of title 18, United States Code, is
amended by striking ‘‘commerce,’’ and inserting ‘‘interstate
or foreign commerce, or in or affecting interstate or foreign
commerce,’’.
SEC. 110. 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. 111. 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, pos-
sess, transport, ship, conceal, store, barter, sell, dispose of,
or pledge or accept as security for a loan, any stolen explo-
sive materials which are moving as, which are part of,
which constitute, or which have been shipped or transported
in, interstate or foreign commerce, either before or after such
materials were stolen, knowing or having reasonable 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 perform
a study of, and to recommend to Congress, a methodology
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 recommendations.
TITLE II—INCREASED
PENALTIES
SEC. 201. MANDATORY MINIMUM FOR CERTAIN EXPLOSIVES
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 dam-
age or destroy, by means of fire or an explosive, any per-
sonal or real property in whole or in part owned, possessed,
or used by, or leased to, the United States, or any depart-
ment or agency thereof, or any institution or organization
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 pen-
alty 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 OFFENSES.—
(1) Chapter 213 of title 18, United States Code,
is amended by adding at the end the following:
‘‘§ 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 indictment
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 amend-
ed 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 conspiracy.’’.
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 ‘‘at-
tempts’’.
(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 insert-
ing ‘‘, 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 conspiring’’ after
‘‘attempting’’.
(2) Section 46502(b)(1) of title 49, United States
Code, is amended by inserting ‘‘or conspiring to com-
mit’’ 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 conviction
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 mate-
rials, 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 forth-
with, in accordance with the procedures set forth in section
21(a) of the Sentencing Act of 1987, as though the authority
under that section had not expired, amend the sentencing
guidelines so that the chapter 3 adjustment relating to
international terrorism also applies to domestic terrorism.
TITLE III—INVESTIGATIVE
TOOLS
SEC. 301. INTERCEPTIONS OF COMMUNICATIONS.
(a) AUTHORIZATION OF INTERCEPTIONS IN CERTAIN
TERRORISM RELATED OFFENSES.—Section 2516(1) of title
18, United States Code, is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (n);
(2) by redesignating subparagraph (o) as sub-
paragraph (q); and
(3) by inserting after paragraph (n) the follow-
ing:
‘‘(o) any violation of section 956 or section 960
(relating to certain actions against foreign nations),
section 1114 (relating to protection of officers and em-
ployees of the United States), section 1116 (relating
to murder of foreign officials, official guests, or inter-
nationally protected persons), section 2332 (relating
to terrorist acts abroad), section 2332a (relating to
weapons of mass destruction), section 2332b (relating
to acts of terrorism transcending national bound-
aries), section 2339A (relating to providing material
support to terrorists), section 37 (relating to violence
at international airports) of title 18, United States
Code; or
‘‘(p) any felony violation of section 842 (relating
to explosives) of this title; and’’.
(b) REPORTS CONCERNING INTERCEPTED COMMUNICA-
TIONS.—Subsection (6) of section 2518 of title 18, United
States Code is amended to read as follows:
‘‘(6) Whenever an order authorizing interception is en-
tered under this chapter, the order shall require the attorney
for the Government to file a report with the judge who is-
sued the order showing what progress has been made toward
achievement of the authorized objective and the need for con-
tinued interception. Such report shall be made 15 days after
the interception has begun. No other reports shall be made
to the judge under this subsection.’’.
SEC. 302. PEN REGISTERS AND TRAP AND TRACE DEVICES
IN FOREIGN COUNTERINTELLIGENCE INVES-
TIGATIONS.
(a) APPLICATION.—Section 3122(b)(2) of title 18,
United States Code, is amended by inserting ‘‘or foreign
counterintelligence’’ after ‘‘criminal’’.
(b) ORDER.—
(1) Section 3123(a) of title 18, United States
Code, is amended by inserting ‘‘or foreign counter-
intelligence’’ after ‘‘criminal’’.
(2) Section 3123(b)(1) of title 18, United States
Code, is amended in subparagraph (B), by striking
‘‘criminal’’.
SEC. 303. DISCLOSURE OF CERTAIN CONSUMER REPORTS
TO THE FEDERAL BUREAU OF INVESTIGA-
TION FOR FOREIGN COUNTERINTELLIGENCE
INVESTIGATIONS.
(a) IN GENERAL.—The Fair Credit Reporting Act (15
U.S.C. 1681 et seq.) is amended by adding after section 623
the following:
‘‘SEC. 624. DISCLOSURES TO THE FEDERAL BUREAU OF IN-
VESTIGATION FOR FOREIGN COUNTERINTEL-
LIGENCE PURPOSES.
‘‘(a) IDENTITY OF FINANCIAL INSTITUTIONS.—(1) Not-
withstanding 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 addresses
of all financial institutions (as that term is defined in sec-
tion 1101 of the Right to Financial Privacy Act of 1978)
at which a consumer maintains or has maintained an ac-
count, to the extent that information is in the files of the
agency. 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 Surveillance
Act of 1978) or a person who is not a United
States person (as defined in such section 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 counterintelligence
investigation.
‘‘(b) IDENTIFYING INFORMATION.—(1) Notwithstand-
ing section 604 or any other provision of this title, a court
or magistrate judge shall issue an order ex parte, upon ap-
plication by the Director of the Federal Bureau of Inves-
tigation (or the Director’s designee, whose rank shall be no
lower than Assistant Special Agent in Charge), directing
a consumer reporting agency to furnish identifying infor-
mation 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 believe
that the consumer has been, or is about to be, in con-
tact with a foreign power or an agent of a foreign
power (as defined in section 101 of the Foreign Intel-
ligence Surveillance Act of 1978).
‘‘(2) An order issued under this subsection shall not
disclose that it is issued for purposes of a counterintelligence
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 Director’s
designee, whose rank shall be no lower than Assistant Spe-
cial 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 cam-
era, 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 Surveil-
lance Act of 1978) or clandestine intelligence ac-
tivities 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 counterintelligence
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 subsection (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 In-
vestigation is authorized, subject to the availability of ap-
propriations, pay to the consumer reporting agency assem-
bling or providing reports or information in accordance
with procedures established under this section, a fee for re-
imbursement for such costs as are reasonably necessary and
which have been directly incurred in searching, reproduc-
ing, or transporting books, papers, records, or other data
required or requested to be produced under this section.
‘‘(f) LIMIT ON DISSEMINATION.—The Federal Bureau
of Investigation may not disseminate information obtained
pursuant to this section outside of the Federal Bureau 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 sec-
tion 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 judi-
cial or administrative proceeding to enforce the provisions
of this Act. Nothing in this section shall be construed to
authorize or permit the withholding of information 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 Bank-
ing and Financial Services of the House of Representatives,
and the Select Committee on Intelligence and the Committee
on Banking, Housing, and Urban Affairs of the Senate con-
cerning 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 reports,
records, or information contained therein in violation of
this section is liable to any person harmed by the violation
in an amount equal to the sum of—
‘‘(1) $100, without regard to the volume of
consumer reports, records, or information involved;
‘‘(2) any actual damages sustained by the person
harmed as a result of the disclosure;
‘‘(3) if the violation is found to have been willful
or intentional, such punitive damages as a court may
allow; and
‘‘(4) in the case of any successful action to en-
force liability under this subsection, the costs of the
action, together with reasonable attorney fees, as de-
termined by the court.
‘‘(j) DISCIPLINARY ACTIONS FOR VIOLATIONS.—If a
court determines that any agency or department of the
United States has violated any provision of this section and
the court finds that the circumstances surrounding the vio-
lation raise questions of whether or not an officer or em-
ployee of the agency or department acted willfully or inten-
tionally with respect to the violation, the agency or depart-
ment shall promptly initiate a proceeding to determine
whether or not disciplinary action is warranted against the
officer or employee who was responsible for the violation.
‘‘(k) GOOD-FAITH EXCEPTION.—Notwithstanding any
other provision of this title, any consumer reporting agency
or agent or employee thereof making disclosure of consumer
reports or identifying information pursuant to this sub-
section in good-faith reliance upon a certification of the
Federal Bureau of Investigation pursuant to provisions of
this section shall not be liable to any person for such disclo-
sure under this title, the constitution of any State, or any
law or regulation of any State or any political 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 sub-
section, costs together with reasonable attorney fees, as de-
termined 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 counterintel-
ligence purposes.’’.
SEC. 304. ACCESS TO RECORDS OF COMMON CARRIERS,
PUBLIC ACCOMMODATION FACILITIES, PHYS-
ICAL STORAGE FACILITIES, AND VEHICLE
RENTAL FACILITIES IN FOREIGN COUNTER-
INTELLIGENCE 
AND 
COUNTERTERRORISM
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. Access to records of common carriers, public accommodation facilities,
physical storage facilities, and vehicle rental facilities in coun-
terintelligence and counterterrorism cases.
‘‘§ 2720. Access to records of common carriers, public
accommodation facilities, physical stor-
age facilities, and vehicle rental facilities
in 
counterintelligence 
and 
counter-
terrorism 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 designee, whose
rank shall be no lower than Assistant Special Agent in
Charge), directing any common carrier, public accommoda-
tion facility, physical storage facility, or vehicle rental fa-
cility to furnish any records in its possession 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 
records 
are 
necessary 
for
counterterrorism or foreign counterintelligence pur-
poses; 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 terrorism
(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 counterintelligence
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 car-
rier, public accommodation facility, physical storage facil-
ity, or vehicle rental facility necessary to fulfill the require-
ment to disclose the information to the Federal Bureau 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 infor-
mation 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 surround-
ing 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 deter-
mine whether or not disciplinary action is warranted
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 packages
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 seg-
ment 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 seg-
ment 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. 305. 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 manufac-
ture 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 sub-
mit to the Congress a report that contains the results of
the study required by this section. The Attorney General
shall make the report available to the public.
SEC. 306. APPLICATION OF STATUTORY EXCLUSIONARY
RULE CONCERNING INTERCEPTED WIRE OR
ORAL COMMUNICATIONS.
Section 2515 of title 18, United States Code, is amend-
ed by adding at the end the following: ‘‘This section shall
not apply to the disclosure by the United States in a crimi-
nal trial or hearing or before a grand jury of the contents
of a wire or oral communication, or evidence derived there-
from, if any law enforcement officers who intercepted the
communication or gathered the evidence derived therefrom
acted with the reasonably objective belief that their actions
were in compliance with this chapter.’’.
SEC. 307. EXCLUSION OF CERTAIN TYPES OF INFORMATION
FROM WIRETAP-RELATED DEFINITIONS.
(a) DEFINITION OF ‘‘ELECTRONIC COMMUNICATION’’.—
Section 2510(12) of title 18, United States Code, is amend-
ed—
(1) by striking ‘‘or’’ at the end of subparagraph
(B);
(2) by inserting ‘‘or’’ at the end of subparagraph
(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 subparagraph
(D);
(2) by striking ‘‘or’’ at the end of subparagraph
(E); and
(3) by striking subparagraph (F).
SEC. 308. ADDITION OF CONSPIRACIES TO TEMPORARY
EMERGENCY WIRETAP AUTHORITY.
(a) SECTION 2518.—Section 2518(7)(a) of title 18,
United States Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(ii);
(2) by inserting after subparagraph (ii) the fol-
lowing:
‘‘(iii) conspiratorial activities involving do-
mestic terrorism or international terrorism (as
that term is defined in section 2331 of this title),
or’’; and
(3) by redesignating existing subparagraph (iii)
as subparagraph (iv).
(b) DEFINITION OF DOMESTIC TERRORISM.—Section
2510 of title 18, United States Code, is amended.—
(1) by striking ‘‘and’’ at the end of paragraph
(17);
(2) by striking the period at the end of para-
graph (18) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (18) the follow-
ing:
‘‘(19) ‘domestic terrorism’ means terrorism, as
defined in section 2331 of this title, that occurs
primarily inside the territorial jurisdiction of the
United States.’’.
SEC. 309. REQUIREMENTS FOR MULTIPOINT WIRETAPS.
Section 2518(11) of title 18, United States Code, is
amended to read as follows:
‘‘(11) The requirements of subsections (1)(b)(11) and
(3)(d) of this section relating to the specification of facilities
from which or the place where the communication is to be
intercepted to do not apply if, in the case of an application
with respect to the interception of oral, wire, or electronic
communications—
‘‘(a) the application is by a Federal investigative
or law enforcement officer, and is approved by the At-
torney General, the Deputy Attorney General, the As-
sociate Attorney General, or an Assistant Attorney
General (or an official acting in any such capacity);
‘‘(b) the application contains a full and complete
statement as to why such specification is not prac-
tical and identifies the person committing the offense
and whose communications are to be intercepted; and
‘‘(c) the judge finds that such specification is not
practical.’’.
SEC. 310. ACCESS TO TELEPHONE BILLING RECORDS.
(a) SECTION 2709.—Section 2709(b) of title 18, Unit-
ed 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 service,
and local and long distance toll billing records of a
person or entity if the Director or the Director’s des-
ignee (in a position not lower than Deputy Assistant
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 domestic terrorism investigation.’’.
(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 ques-
tions 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 discipli-
nary action is warranted against the officer or employee
who was responsible for the violation.’’.
SEC. 311. REQUIREMENT TO PRESERVE RECORD EVIDENCE.
Section 2703 of title 18, United States Code, is amend-
ed by adding at the end the following:
‘‘(f) REQUIREMENT TO PRESERVE EVIDENCE.—A pro-
vider of wire or electronic communication services or a re-
mote computing service, upon the request of a governmental
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. 312. AUTHORITY TO REQUEST MILITARY ASSISTANCE
WITH RESPECT TO OFFENSES INVOLVING BI-
OLOGICAL AND CHEMICAL WEAPONS.
(a) IN GENERAL.—The Attorney General may request
that the Secretary of Defense provide technical and
logistical assistance by civilian and military personnel of
the Department of Defense in support of Department of Jus-
tice activities relating to the enforcement of criminal law
in an emergency situation involving biological weapons or
chemical weapons of mass destruction. Department of De-
fense resources, including personnel of the Department of
Defense, may be used to provide such assistance if—
(1) the Secretary of Defense and the Attorney
General determine that an emergency situation in-
volving such weapons exists; and
(2) the Secretary of Defense determines that the
provision of such assistance will not adversely affect
the military preparedness of the United States.
(b) DEFINITION.—As used in this section, the term
‘‘emergency situation involving biological weapons or chem-
ical weapons of mass destruction’’ means a circumstance
involving a biological or chemical weapon of mass destruc-
tion—
(1) that poses a serious threat to the interests of
the United States; and
(2) in which—
(A) civilian expertise is not readily avail-
able to provide the required assistance to counter
the threat involved;
(B) Department of Defense special capabili-
ties and expertise are needed to counter the
threat; and
(C) enforcement of the law would be seri-
ously impaired if the Department of Defense as-
sistance were not provided.
(c) NATURE OF ASSISTANCE.—The assistance referred
to in subsection (a) includes the operation of equipment (in-
cluding equipment made available under section 372 of title
10, United States Code) to monitor, contain, disable, or dis-
pose of a biological or chemical weapon or elements of the
weapon.
(d) REGULATIONS.—The Attorney General and the
Secretary of Defense shall jointly issue regulations concern-
ing the types of technical and logistical assistance that may
be provided under this section. Such regulations shall also
describe the actions that Department of Defense personnel
may take in circumstances incident to the provision of as-
sistance under this section. Such regulations shall not au-
thorize arrest or any assistance in conducting searches and
seizures that seek evidence related to violations of criminal
law, except for the immediate protection of human life.
(e) REIMBURSEMENT.—The Secretary of Defense shall
require reimbursement as a condition for providing assist-
ance under this subsection in accordance with section 377
of title 10, United States Code.
(f) DELEGATION.—
(1) Except to the extent otherwise provided by
the Attorney General, the Deputy Attorney General
may exercise the authority of the Attorney General
under this subsection. The Attorney General may del-
egate the Attorney General’s authority under this sub-
section only to the Associate Attorney General or an
Assistant Attorney General and only if the Associate
Attorney General or Assistant Attorney General to
whom delegated has been designated by the Attorney
General to act for, and to exercise the general powers
of, the Attorney General.
(2) Except to the extent otherwise provided by
the Secretary of Defense, the Deputy Secretary of De-
fense may exercise the authority of the Secretary of
Defense under this subsection. The Secretary of De-
fense may delegate the Secretary’s authority under
this subsection only to an Under Secretary of Defense
or an Assistant Secretary of Defense and only if the
Under Secretary or Assistant Secretary to whom dele-
gated has been designated by the Secretary to act for,
and to exercise the general powers of, the Secretary.
SEC. 313. 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. 314. 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 lead-
ing to the arrest or prosecution of any individual for Fed-
eral felony offenses.
‘‘(b) If the reward exceeds $100,000, the Attorney Gen-
eral shall give notice of that fact to the Senate and the
House of Representatives not later than 30 days after au-
thorizing 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 be final
and conclusive, and no court shall have jurisdiction to re-
view it.
‘‘(d) If the Attorney General determines that the iden-
tity of the recipient of a reward or of the members of the
recipient’s immediate family must be protected, the Attor-
ney 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 entity
may receive a reward under this section for conduct in per-
formance 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 Attor-
ney General, participate in the Attorney General’s witness
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 subsection
(g).
SEC. 315. DEFINITION OF TERRORISM.
Section 2331 of title 18, United States Code, is amend-
ed—
(1) so that paragraph (1) reads as follows:
‘‘(1) the term ‘terrorism’ means terrorist activity
as defined in section 212(a)(3)(B)(ii) of the Immigra-
tion and Nationality Act;’’;
(2) by inserting after paragraph (1) the follow-
ing:
‘‘(2) the term ‘international terrorism’ means
terrorism that occurs primarily outside the territorial
jurisdiction of the United States, or transcends na-
tional boundaries in terms of the means by which it
is accomplished, the persons it appears intended to
intimidate or coerce, or the locale in which its per-
petrators operate or seek asylum;’’; and
(3) by redesignating existing paragraphs (2)
through (4) as paragraphs (3) through (5), respec-
tively.
SEC. 316. PROTECTION OF FEDERAL GOVERNMENT BUILD-
INGS IN THE DISTRICT OF COLUMBIA.
The Attorney General is authorized—
(1) to prohibit vehicles from parking or standing
on any street or roadway adjacent to any building 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 enforcement au-
thorities; and
(2) to prohibit any person or entity from con-
ducting business on any property immediately adja-
cent to any such building.
SEC. 317. 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 mili-
tary arsenals (including National Guard armories) of fire-
arms, explosives, and other materials that are potentially
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 follows:
‘‘(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 en-
vironment’’ 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 ma-
terial for peaceful purposes’’ and inserting ‘‘nuclear
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 plu-
tonium 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 op-
eration 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 sub-
stances specified in this subsection when introduced
into a plastic explosive or formulated in such explo-
sive as a part of the manufacturing process in such
a manner as to achieve homogeneous distribution 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 finished
explosive is 0.1 percent by mass;
‘‘(3) 
Para-Mononitrotoluene 
(p-MNT),
C7H7NO2, molecular weight 137, when the mini-
mum concentration in the finished explosive is
0.5 percent by mass;
‘‘(4) 
Ortho-Mononitrotoluene 
(o-MNT),
C7H7NO2, molecular weight 137, when the mini-
mum 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 consultation
with the Secretary of State and the Secretary of
Defense, which has been added to the table in
part 2 of the Technical Annex to the Convention
on the Marking of Plastic Explosives.
‘‘(q) ‘Plastic explosive’ means an explosive mate-
rial 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 tem-
perature of 25°C., is formulated with a binder mate-
rial, and is as a mixture malleable or flexible at nor-
mal room temperature.’’.
SEC. 502. REQUIREMENT OF DETECTION AGENTS FOR PLAS-
TIC 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 manufacture
any plastic explosive which does not contain a detection
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 detec-
tion agent.
‘‘(2) Until the 15-year period that begins with the date
of entry into force of the Convention on the Marking of Plas-
tic Explosives with respect to the United States has expired,
paragraph (1) shall not apply to the importation or bring-
ing into the United States, or the exportation from the
United States, of any plastic explosive which was imported,
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 Reserve 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 explosive
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 Plas-
tic Explosives with respect to the United States has expired,
paragraph (1) shall not apply to the shipment, transpor-
tation, transfer, receipt, or possession of any plastic explo-
sive, which was imported, brought into, or manufactured
in the United States before the effective date of this sub-
section 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 Na-
tional 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 sub-
section, 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 importer, any
marks of identification on such explosives, and such other
information as the Secretary may by regulations pre-
scribe.’’.
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 amend-
ed—
(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 explo-
sive 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 lo-
cated. For purposes of this subsection, the term ‘mili-
tary device’ includes shells, bombs, projectiles, mines,
missiles, rockets, shaped charges, grenades, per-
forators, and similar devices lawfully manufactured
exclusively for military or police purposes.’’.
SEC. 505. INVESTIGATIVE AUTHORITY.
Section 846 of title 18, United States Code, is amend-
ed—
(1) by inserting ‘‘subsection (m) or (n) of section
842 or’’ before ‘‘subsection (d)’’; and
(2) by adding at the end the following: ‘‘The At-
torney General shall exercise authority over violations
of subsection (m) or (n) of section 842 and subsection
(d), (e), (f), (g), (h), or (i) of section 844 of this title
only when they are committed by a member of a ter-
rorist or revolutionary group. In any matter involv-
ing a terrorist or revolutionary group or individual,
as determined by the Attorney General, the Attorney
General shall have primary investigative responsibil-
ity and the Secretary shall assist the Attorney Gen-
eral as requested.’’.
SEC. 506. 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 contents
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 Classi-
fied 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 attor-
ney 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 INFORMATION
‘‘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 con-
duct all special removal proceedings.
‘‘(b) TERMS.—Each judge designated under subsection
(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 promul-
gate 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 For-
eign 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 ATTOR-
NEYS.—The special removal court shall provide for the des-
ignation 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 resident
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 Attorney
General has classified information that an alien is an alien
terrorist, the Attorney General, in the Attorney General’s
discretion, may seek removal of the alien under this title
through the filing with the special removal court of a writ-
ten 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 fol-
lowing:
‘‘(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 applica-
tion based upon a finding by that individual that the
application satisfies the criteria and requirements 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 circumstances
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 deporta-
tion of aliens would pose a risk to the national
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 Justice
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 appli-
cation under section 503 to the special removal court, a sin-
gle judge of the court shall be assigned to consider the appli-
cation. The judge, in accordance with the rules of the court,
shall consider the application and may consider other infor-
mation, including classified information, presented under
oath or affirmation. The judge shall consider the applica-
tion (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 infor-
mation (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 writ-
ten 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 ex-
pulsion 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 sec-
tion 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 reason-
able 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 cir-
cumstances, of the time and place at which the hearing will
be held. The hearing shall be held as expeditiously as pos-
sible.
‘‘(b) USE OF SAME JUDGE.—The special removal hear-
ing shall be held before the same judge who granted the order
pursuant to section 504 unless that judge is deemed un-
available 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 ei-
ther 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 district
in which the hearing is conducted, as provided for in
section 3006A of title 18, United States Code. All pro-
visions of that section shall apply and, for purposes
of determining the maximum amount of compensa-
tion, the matter shall be treated as if a felony 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 reason-
able 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 hear-
ing, including evidence introduced under subsection
(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 wit-
ness (which subpoena may also command the person
to whom it is directed to produce books, papers, docu-
ments, or other objects designated therein) upon a sat-
isfactory showing that the presence of the witness is
necessary for the determination of any material mat-
ter. 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 Jus-
tice has received permission to introduce, in camera
and ex parte pursuant to subsection (e) and section
506, and the Department of Justice shall be given a
reasonable opportunity 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 show-
ing 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 ap-
propriated 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 INFORMATION.—
Nothing in this subsection is intended to allow an
alien to have access to classified information.
‘‘(e) INTRODUCTION OF CLASSIFIED INFORMATION.—
‘‘(1) IN GENERAL.—Classified information that
has been summarized pursuant to section 506(b) and
classified information for which findings described in
section 506(b)(4)(B) have been made and for which
no summary is provided shall be introduced (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 summary (if any) provided
pursuant to such section. Notwithstanding the pre-
vious sentence, the Department of Justice may, in its
discretion and after coordination with the originating
agency, elect to introduce such evidence in open ses-
sion.
‘‘(2) TREATMENT OF ELECTRONIC SURVEILLANCE
INFORMATION.—
‘‘(A) 
USE
OF
ELECTRONIC
SURVEIL-
LANCE.—The Government is authorized to use in
a special removal proceeding the fruits of elec-
tronic surveillance and unconsented physical
searches authorized under the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) without regard to subsections (c), (e), (f),
(g), and (h) of section 106 of that Act.
‘‘(B) NO DISCOVERY OF ELECTRONIC SUR-
VEILLANCE INFORMATION.—An alien subject to
removal under this title shall have no right of
discovery of information derived from electronic
surveillance authorized under the Foreign Intel-
ligence Surveillance Act of 1978 or otherwise for
national security purposes. Nor shall such alien
have the right to seek suppression of evidence.
‘‘(C) CERTAIN PROCEDURES NOT APPLICA-
BLE.—The provisions and requirements of sec-
tion 3504 of title 18, United States Code, shall
not apply to procedures under this title.
‘‘(3) RIGHTS OF UNITED STATES.—Nothing in
this section shall prevent the United States from seek-
ing protective orders and from asserting privileges or-
dinarily available to the United States to protect
against the disclosure of classified information, in-
cluding the invocation of the military and state se-
crets privileges.
‘‘(f) INCLUSION OF CERTAIN EVIDENCE.—The Federal
Rules of Evidence shall not apply to hearings under this
section. Evidence introduced at the special removal hearing,
either in open session or in camera and ex parte, may, in
the discretion of the Department of Justice, include all or
part of the information presented under section 504 used
to obtain the order for the hearing under this section.
‘‘(g) ARGUMENTS.—Following the receipt of evidence,
the attorneys for the Department of Justice and for the alien
shall be given fair opportunity to present argument as to