§ 46502. Aircraft piracy

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Pub. L. 103–272 § 1(e) · 108 Stat. 745

   Enacted · 49 U.S.C. § 46502

   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1241

   Source evidence

   Code source credit
   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1241

   Enacted provision · exact public law section
   Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

2. 1994

   Pub. L. 103–429 § 6(61) · 108 Stat. 4377

   Inserted · 49 U.S.C. § 46502(a)(2)(B); 49 U.S.C. § 46502(b)(1)(B)

   Pub. L. 103–429 inserted “notwithstanding section 3559(b) of title 18,” before “if the death”

   Source evidence

   Code amendment note
   Subsecs. (a)(2)(B), (b)(1)(B). Pub. L. 103–429 inserted “notwithstanding section 3559(b) of title 18,” before “if the death”.

   Enacted provision · exact public law section
   (61) In section 46502(a)(2)(B) and (b)(1)(B), insert “notwithstanding section 3559(b) of title 18,” before “if the death”.

   Effective date note
   Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

3. 1996

   Pub. L. 104–132 § 723(b)(1) · 110 Stat. 1214

   Inserted · 49 U.S.C. § 46502(a)(2)

   Pub. L. 104–132, § 723(b)(1), inserted “or conspiring” after “attempting”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 104–132, § 723(b)(1), inserted “or conspiring” after “attempting”.

   Enacted provision · exact public law section
   (1) Section 46502(a)(2) of title 49, United States Code, is amended by inserting “or conspiring” after “attempting”.

4. 1996

   Pub. L. 104–132 title VII · 110 Stat. 1214

   1. Inserted · 49 U.S.C. § 46502(b)(1)

      Pub. L. 104–132, §§ 721(a)(1), 723(b)(2), in introductory provisions, inserted “or conspiring to commit” after “committing”

   2. Struck · 49 U.S.C. § 46502(b)(1)

      Pub. L. 104–132, §§ 721(a)(1), 723(b)(2), in introductory provisions, struck out “and later found in the United States” after “jurisdiction of the United States”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 104–132, §§ 721(a)(1), 723(b)(2), in introductory provisions, inserted “or conspiring to commit” after “committing” and struck out “and later found in the United States” after “jurisdiction of the United States”.

   Enacted provision · exact public law
   TITLE VII— CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM Subtitle A— Crimes and Penalties SEC. 701. INCREASED PENALTY FOR CONSPIRACIES INVOLVING EXPLOSIVES. Section 844 of title 18, United States Code, is amended by adding at the end the following new subsection: “(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 the penalties prescribed for the offense the commission of which was the object of the conspiracy.”. SEC. 702. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES. (a) Offense.— Chapter 113B of title 18, United States Code, relating to terrorism, is amended by inserting after section 2332a the following new section: “§ 2332b. Acts of terrorism transcending national boundaries “(a) Prohibited Acts.— “(1) Offenses.— Whoever, involving conduct transcending national boundaries and in a circumstance described in subsection (b)— “(A) kills, kidnaps, maims, commits an assault resulting in serious bodily injury, or assaults with a dangerous weapon any person 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) Treatment of threats, attempts and conspiracies.— Whoever threatens to commit an offense under paragraph (1), or attempts or conspires to do so, shall be punished under subsection (c). “(b) Jurisdictional Bases.— “(1) Circumstances.— The circumstances referred to in subsection (a) are— “(A) any of the offenders uses the mail or any facility of interstate or foreign commerce in furtherance of the offense; “(B) the offense obstructs, delays, or affects interstate or foreign commerce, or would have so obstructed, delayed, or affected interstate or foreign commerce if the offense had been consummated; “(C) the victim, or intended victim, is the United States Government, a member of the uniformed services, or any official, officer, employee, or agent of the legislative, execu-tive, or judicial branches, or of any department or agency, of the United States; “(D) the structure, conveyance, or other real or personal property is, in whole or in part, owned, possessed, or leased to the United States, or any department or agency of the United States; “(E) the offense is committed in the territorial sea (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) of the United States; or “(F) the offense is committed within the special maritime and territorial jurisdiction of the United States. “(2) Co-conspirators and accessories after the fact.— Jurisdiction shall exist over all principals and co-conspirators of an offense under this section, and accessories after the fact to any offense under this section, if at least one of the circumstances described in subparagraphs (A) through (F) of paragraph (1) is applicable to at least one offender. “(c) Penalties.— “(1) Penalties.— Whoever violates this section shall be punished— “(A) for a killing, or if death results to any person from any other conduct prohibited by this section, by death, or by imprisonment for any term of years or for life; “(B) for kidnapping, by imprisonment for any term of years or for life; “(C) for maiming, by imprisonment for not more than 35 years; “(D) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than 30 years; “(E) for destroying or damaging any structure, conveyance, or other real or personal property, by imprisonment for not more than 25 years; “(F) for attempting or conspiring to commit 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) Consecutive sentence.— Notwithstanding any other provision of law, the court shall not place on probation any person convicted of a violation of this section; nor shall the term of imprisonment imposed under this section run concurrently with any other term of imprisonment. “(d) Proof Requirements.— The following shall apply to prosecutions under this section: “(1) Knowledge.— The prosecution is not required to prove knowledge by any defendant of a jurisdictional base alleged in the indictment. “(2) State law.— In a prosecution under this section that is based upon the adoption of State law, only the elements of the offense under State law, and not any provisions pertaining to criminal procedure or evidence, are adopted. “(e) Extraterritorial Jurisdiction.— There is extraterritorial Federal jurisdiction— “(1) over any offense under subsection (a), including any threat, attempt, or conspiracy to commit such offense; and “(2) over conduct which, under section 3, renders any person an accessory after the fact to an offense under subsection (a). “(f) Investigative Authority.— In addition to any other investigative authority with respect to violations of this title, the Attorney General shall have primary investigative responsibility for all Federal crimes of terrorism, and the Secretary of the Treasury shall assist the Attorney General at the request of the Attorney General. Nothing in this section shall be construed to interfere with the authority of the United States Secret Service under section 3056. “(g) Definitions.— As used in this section— “(1) the term ‘conduct transcending national boundaries’ means conduct occurring outside of 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); “(3) the term ‘serious bodily injury’ has the meaning given that term in section 1365(g)(3); “(4) the term ‘territorial sea of the United States’ means all waters extending seaward to 12 nautical miles from the baselines of the United States, determined in accordance with international law; and “(5) the term ‘Federal crime of terrorism’ means an offense that— “(A) is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct; and “(B) is a violation of— “(i) section 32 (relating to destruction of aircraft or aircraft facilities), 37 (relating to violence at international airports), 81 (relating to arson within special maritime and territorial jurisdiction), 175 (relating to biological weapons), 351 (relating to congressional, cabinet, and Supreme Court assassination, kidnapping, and assault), 831 (relating to nuclear materials), 842 (m) or (n) (relating to plastic explosives), 844(e) (relating to certain bombings), 844 (f) or (i) (relating to arson and bombing of certain property), 956 (relating to conspiracy to injure property of a foreign government), 1114 (relating to protection of officers and employees of the United States), 1116 (relating to murder or manslaughter of foreign officials, official guests, or internationally protected persons), 1203 (relating to hostage taking), 1361 (relating to injury of Government property or contracts), 1362 (relating to destruction of communication lines, stations, or systems), 1363 (relating to injury to buildings or property within special maritime and territorial jurisdiction of the United States), 1366 (relating to destruction of an energy facility), 1751 (relating to Presidential and Presidential staff assassination, kidnapping, and assault), 2152 (relating to injury of fortifications, harbor defenses, or defensive sea areas), 2155 (relating to destruction of national defense materials, premises, or utilities), 2156 (relating to production of defective national defense materials, premises, or utilities), 2280 (relating to violence against maritime navigation), 2281 (relating to violence against maritime fixed platforms), 2332 (relating to certain homicides and other violence against United States nationals occurring outside of the United States), 2332a (relating to use of weapons of mass destruction), 2332b (relating to acts of terrorism transcending national boundaries), 2339A (relating to providing material support to terrorists), 2339B (relating to providing material support to terrorist organizations), or 2340A (relating to torture); “(ii) section 236 (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284); or “(iii) section 46502 (relating to aircraft piracy) or section 60123(b) (relating to destruction of interstate gas or hazardous liquid pipeline facility) of title 49.”. (b) Clerical Amendment.— The table of sections at the beginning of chapter 113B of title 18, United States Code, relating 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— (1) by striking “any offense” and inserting “any non-capital offense”; (2) by striking “36” and inserting “37”; (3) by striking “2331” and inserting “2332”; (4) by striking “2339” and inserting “2332a”; and (5) by inserting “2332b (acts of terrorism transcending national boundaries),” after “(use of weapons 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. 703. EXPANSION OF PROVISION RELATING TO DESTRUCTION OR INJURY OF PROPERTY WITHIN SPECIAL MARITIME AND TERRITORIAL JURISDICTION. Section 1363 of title 18, United States Code, is amended by striking “any building,” and all that follows through “shipping” and inserting “any structure, conveyance, or other real or personal property”. SEC. 704. 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 jurisdiction of the United States shall, if any of the conspirators commits an act within the jurisdiction of the United States to effect any object of the conspiracy, be punished as provided in subsection (a)(2). “(2) The punishment for an offense under subsection (a)(1) of this section is— “(A) imprisonment for any term of years or for life if the offense is conspiracy to murder or kidnap; and “(B) imprisonment for not more than 35 years if the offense is conspiracy to maim. “(b) Whoever, within the jurisdiction of the United States, conspires with one or more persons, regardless of where such other person or persons are located, to damage or destroy specific property situated within a foreign country and belonging to a foreign government or to any political 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 situated, 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 section 956 in the table of sections at the beginning of chapter 45 of title 18, United States Code, is amended to read as follows: “956. Conspiracy to kill, kidnap, maim, or injure persons or damage property in a foreign country.”. SEC. 705. INCREASED PENALTIES FOR CERTAIN TERRORISM CRIMES. (a) In General.— Title 18, United States Code, is amended— (1) in section 114, by striking “maim or disfigure” and inserting “torture (as defined in section 2340), maim, or disfigure”; (2) in section 755, by striking “two years” and inserting “5 years”; (3) in section 756, by striking “one year” and inserting “five years”; (4) in section 878(a), by striking “by killing, kidnapping, or assaulting a foreign official, official guest, or internationally protected person”; (5) in section 1113, by striking “three years” and inserting “seven years”; and (6) in section 2332(c), by striking “five” and inserting “ten”. (b) Penalty for Carrying Weapons or Explosives on an Aircraft.— Section 46505 of title 49, United States Code, is amended— (1) in subsection (b), by striking “one year” and inserting “10 years”; and (2) in subsection (c), by striking “5” and inserting “15”. SEC. 706. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE MATERIAL KNOWING THAT IT WILL BE USED TO COMMIT A CRIME OF VIOLENCE. Section 844 of title 18, United States Code, is amended by adding at the end the following new subsection: “(o) Whoever knowingly transfers any explosive materials, 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)) or drug trafficking crime (as defined in section 924(c)(2)) shall be subject to the same penalties as may be imposed under subsection (h) for a first conviction for the use or carrying of an explosive material.”. SEC. 707. POSSESSION OF STOLEN EXPLOSIVES PROHIBITED. Section 842(h) of title 18, United States Code, is amended to read as follows: “(h) It shall be unlawful for any person to receive, possess, transport, ship, conceal, store, barter, sell, dispose of, or pledge or accept as security for a loan, any stolen explosive materials which are moving as, which are part of, which constitute, or which have been shipped or 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. 708. ENHANCED PENALTIES FOR USE OF EXPLOSIVES OR ARSON CRIMES. (a) In General.— Section 844 of title 18, United States Code, is amended— (1) in subsection (e), by striking “five” and inserting “10”; (2) by amending subsection (f) to read as follows: “(f) (1) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other personal or real property in whole or in part owned or possessed by, or leased to, the United States, or any department or agency thereof, shall be imprisoned for not less than 5 years and not more than 20 years, fined under this title, or both. “(2) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct, directly or proximately causes personal injury or creates a substantial risk of injury to any person, including any public safety officer performing duties, shall be imprisoned for not less than 7 years and not more than 40 years, fined under this title, or both. “(3) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct directly or proximately causes the death of any person, including any public safety officer performing duties, shall be subject to the death penalty, or imprisoned for not less than 20 years or for life, fined under this title, or both.”; (3) in subsection (h)— (A) in the first sentence, by striking “5 years but not more than 15 years” and inserting “10 years”; and (B) in the second sentence, by striking “10 years but not more than 25 years” and inserting “20 years”; and (4) in subsection (i)— (A) by striking “not more than 20 years, fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed,” and inserting “not less than 5 years and not more than 20 years, fined under this title”; and (B) by striking “not more than 40 years, fined the greater of a fine under this title or the cost of repairing or replacing any property that is damaged or destroyed,” and inserting “not less than 7 years and not more than 40 years, fined under this title”. (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 for not more than 25 years, 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) In general.— Chapter 213 of title 18, United States Code, is amended by adding at the end the following new section: “§ 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 unless the indictment is found or the information is instituted not later than 10 years after the date on which the offense was committed.”. (2) Clerical amendment.— The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by adding at the end the following new item: “3295. Arson offenses.”. (3) Conforming amendment.— Section 844(i) of title 18, United States Code, is amended by striking the last sentence. SEC. 709. DETERMINATION OF CONSTITUTIONALITY OF RESTRICTING THE DISSEMINATION OF BOMB-MAKING INSTRUCTIONAL MATERIALS. (a) Study.— The Attorney General, in consultation with such other officials and individuals as the Attorney General considers appropriate, shall conduct a study concerning— (1) the extent to which there is available to the public material in any medium (including print, electronic, or film) that provides instruction on how to make bombs, destructive devices, or weapons of mass destruction; (2) the extent to which information gained from such material has been used in incidents of domestic or international terrorism; (3) the likelihood that such information may be used in future incidents of terrorism; (4) the application of Federal laws in effect on the date of enactment of this Act to such material; (5) the need and utility, if any, for additional laws relating to such material; and (6) an assessment of the extent to which the first amendment protects such material and its private and commercial distribution. (b) Report.— (1) Requirement.— Not later than 180 days after the date of enactment of this Act, the Attorney General shall submit to the Congress a report that contains the results of the study required by this section. (2) Availability.— The Attorney General shall make the report submitted under this subsection available to the public. Subtitle B— Criminal Procedures SEC. 721. 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 following: “(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 Facilities.— 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 Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).”; and (2) in subsection (c), by striking the first sentence and inserting the following: “If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States.”. (d) Protection of Foreign Officials and Certain 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 sentence and inserting the following: “If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States.”. (e) Threats and Extortion Against Foreign Officials and Certain Other Persons.— Section 878 of title 18, United States Code, is amended— (1) in subsection (c), by inserting “‘national of the United States’,” before “and”; and (2) in subsection (d), by striking the first sentence and inserting the following: “If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States.”. (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 subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States.”; and (2) by adding at the end the following: “For purposes of this subsection, the term ‘national of the United States’ has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).”. (g) Violence at International Airports.— 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 section 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 paragraph (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. 722. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION. 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. 723. INCREASED AND ALTERNATE CONSPIRACY PENALTIES FOR TERRORISM OFFENSES. (a) Title 18 Offenses.— (1) Sections 32(a)(7), 32(b)(4), 37(a), 115(a)(1)(A), 115(a)(2), 1203(a), 2280(a)(1)(H), and 2281(a)(1)(F) of title 18, United States Code, are each amended by inserting “or conspires” after “attempts”. (2) Section 115(b)(2) of title 18, United States Code, is amended by striking “or attempted kidnapping” both places it appears and inserting “, attempted 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 conspiracy to murder”. (B) Section 115(b)(3) of title 18, United States Code, is amended by striking “and 1113” and inserting “, 1113, and 1117”. (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 commit” after “committing”. SEC. 724. CLARIFICATION 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. 725. EXPANSION AND MODIFICATION OF WEAPONS OF MASS DESTRUCTION STATUTE. Section 2332a of title 18, United States Code, is amended— (1) in subsection (a)— (A) in the subsection heading, by inserting “Against a National of the United States or Within the United States” after “Offense”; (B) by striking “uses, or attempts” and inserting “, without lawful authority, uses, threatens, or attempts”, and (C) in paragraph (2), 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 commerce” before the semicolon at the end; (2) in subsection (b), by striking subparagraph (B) and inserting the following: “(B) any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous 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 of the United States Outside of the United States.— Any national of the United States who, without lawful authority, uses, or threatens, attempts, or conspires to use, a weapon of mass destruction outside of the United States 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. 726. ADDITION OF TERRORISM OFFENSES TO THE MONEY LAUNDERING STATUTE. Section 1956(c)(7) of title 18, United States Code, is amended— (1) in subparagraph (B), by amending clause (ii) to read as follows: “(ii) murder, kidnapping, robbery, extortion, or destruction of property by means of explosive or fire;”; and (2) in subparagraph (D)— (A) by inserting after “an offense under” the following: “section 32 (relating to the destruction of aircraft), section 37 (relating to violence at international airports), section 115 (relating to influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member),”; (B) by inserting after “section 215 (relating to commissions or gifts for procuring loans),” the following: “section 351 (relating to congressional or Cabinet officer assassination),”; (C) by inserting after “section 798 (relating to espionage),” the following: “section 831 (relating to prohibited transactions involving nuclear materials), section 844 (f) or (i) (relating to destruction by explosives or fire of Government property or property affecting interstate or foreign commerce),”; (D) 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),”; (E) by inserting after “section 1032 (relating to concealment of assets from conservator, receiver, or liquidating agent of financial institution),” the following: “section 1111 (relating to murder), section 1114 (relating to murder of United States law enforcement officials), section 1116 (relating to murder of foreign officials, official guests, or internationally protected persons),”; (F) by inserting after “section 1203 (relating to hostage taking),” the following: “section 1361 (relating to willful injury of Government property), section 1363 (relating to destruction of property within the special maritime and territorial jurisdiction),”; (G) by inserting after “section 1708 (relating to theft from the mail),” the following: “section 1751 (relating to Presidential assassination),”; (H) by inserting after “2114 (relating to bank and postal robbery and theft),” the following: “section 2280 (relating to violence against maritime navigation), section 2281 (relating to violence against maritime fixed platforms),”; (I) by striking “or section 2320” and inserting “section 2320”; and (J) 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 destruction), section 2332b (relating to international terrorist acts transcending national boundaries), or section 2339A (relating to providing material support to terrorists) of this title, section 46502 of title 49, United States Code,”. SEC. 727. PROTECTION OF FEDERAL EMPLOYEES; PROTECTION OF CURRENT OR FORMER OFFICIALS, OFFICERS, OR EMPLOYEES OF THE UNITED STATES. (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 employee of the United States or of any agency in any branch of the United States Government (including any member of the uniformed services) while such officer or employee is engaged in or on account of the performance of official duties, or any person assisting such an officer or employee in the performance of such duties or on account of that assistance, shall be punished— “(1) in the case of murder, as provided under section 1111; “(2) in the case of manslaughter, as provided under section 1112; or “(3) in the case of attempted murder or manslaughter, as provided in section 1113.”. (b) Threats Against Former Officers and Employees.— (1) In General.— 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”. (2) Limitation.— Section 115 of title 18, United States Code, is amended by adding at the end the following: “(d) This section shall not interfere with the investigative authority of the United States Secret Service, as provided under sections 3056, 871, and 879 of this title.”. (c) Amendment To Clarify the Meaning of the Term Deadly or Dangerous Weapon in the Prohibition on Assault on Federal Officers or Employees.— Section 111(b) of title 18, United States Code, is amended by inserting “(including a weapon intended to cause death or danger but that fails to do so by reason of a defective component)” after “deadly or dangerous weapon”. SEC. 728. DEATH PENALTY AGGRAVATING FACTOR. Section 3592(c) of title 18, United States Code, is amended by inserting after paragraph (15) the following new paragraph: “(16) Multiple killings or attempted killings.— The defendant intentionally killed or attempted to kill more than one person in a single criminal episode.”. SEC. 729. 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. 730. DIRECTIONS TO SENTENCING COMMISSION. The United States Sentencing Commission shall forthwith, in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that section had not expired, amend the sentencing guidelines so that the chapter 3 adjustment relating to international terrorism only applies to Federal crimes of terrorism, as defined in section 2332b(g) of title 18, United States Code. SEC. 731. EXCLUSION OF CERTAIN TYPES OF INFORMATION FROM DEFINITIONS. Section 2510 of title 18, United States Code, is amended— (1) in paragraph (12)— (A) by striking “or” at the end of subparagraph (B); (B) by adding “or” at the end of subparagraph (C); and (C) by adding at the end the following new subparagraph: “(D) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds;”; and (2) in paragraph (16)— (A) by adding “or” at the end of subparagraph (D); (B) by striking “or” at the end of subparagraph (E); and (C) by striking subparagraph (F). SEC. 732. MARKING, RENDERING INERT, AND LICENSING OF EXPLOSIVE MATERIALS. (a) Study.— (1) In general.— Not later than 12 months after the date of enactment of this Act, the Secretary of the Treasury (referred to in this section as the “Secretary”) shall conduct a study of— (A) the tagging of explosive materials for purposes of detection and identification; (B) the feasibility and practicability of rendering common chemicals used to manufacture explosive materials inert; (C) the feasibility and practicability of imposing controls on certain precursor chemicals used to manufacture explosive materials; and (D) State licensing requirements for the purchase and use of commercial high explosives, including— (i) detonators; (ii) detonating cords; (iii) dynamite; (iv) water gel; (v) emulsion; (vi) blasting agents; and (vii) boosters. (2) Exclusion.— No study conducted under this subsection or regulation proposed under subsection (e) shall include black or smokeless powder among the explosive materials considered. (b) Consultation.— (1) In general.— In conducting the study under subsection (a), the Secretary shall consult with— (A) Federal, State, and local officials with expertise in the area of chemicals used to manufacture explosive materials; and (B) such other individuals as the Secretary determines are necessary. (2) Fertilizer research centers.— In conducting any portion of the study under subsection (a) relating to the regulation and use of fertilizer as a preexplosive material, the Secretary of the Treasury shall consult with and receive input from non-profit fertilizer research centers. (c) Report.— Not later than 30 days after the completion of the study conducted under subsection (a), the Secretary shall submit a report to the Congress, which shall be made public, that contains— (1) the results of the study; (2) any recommendations for legislation; and (3) any opinions and findings of the fertilizer research centers. (d) Hearings.— Congress shall have not less than 90 days after the submission of the report under subsection (c) to— (1) review the results of the study ; and (2) hold hearings and receive testimony regarding the recommendations of the Secretary. (e) Regulations.— (1) Federal Register, publication. In general.— Not later than 6 months after the submission of the report required by subsection (c), the Secretary may submit to Congress and publish in the Federal Register draft regulations for the addition of tracer elements to explosive materials manufactured in or imported into the United States, of such character and in such quantity as the Secretary may authorize or require, if the results of the study conducted under subsection (a) indicate that the tracer elements— (A) will not pose a risk to human life or safety; (B) will substantially assist law enforcement officers in their investigative efforts; (C) will not substantially impair the quality of the explosive materials for their intended lawful use; (D) will not have a substantially adverse effect on the environment; and (E) the costs associated with the addition of the tracers will not outweigh benefits of their inclusion. (2) Effective date.— The regulations under paragraph (1) shall take effect 270 days after the Secretary submits proposed regulations to Congress pursuant to paragraph (1), except to the extent that the effective date is revised or the regulation is otherwise modified or disapproved by an Act of Congress.

5. 1996

   Pub. L. 104–132 § 721(a)(2) · 110 Stat. 1214

   Amended · 49 U.S.C. § 46502(b)(2)

   Pub. L. 104–132, § 721(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “This subsection applies only if the place of takeoff or landing of the aircraft on which the individual commits the offense is located outside the territory of the country of registration of the aircraft.”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 104–132, § 721(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “This subsection applies only if the place of takeoff or landing of the aircraft on which the individual commits the offense is located outside the territory of the country of registration of the aircraft.”

   Enacted provision · exact public law section
   (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

6. 1996

   Pub. L. 104–132 § 721(a)(3) · 110 Stat. 1214

   Added · 49 U.S.C. § 46502(b)(3)

   Pub. L. 104–132, § 721(a)(3), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 104–132, § 721(a)(3), added par. (3).

   Enacted provision · exact public law section
   (3) by inserting after paragraph (2) the following: “(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)).”.

5 of 7 references resolved to an enrolled provision · 2 partial