[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1301 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1301

                          To combat terrorism.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 1993

    Mr. Schumer (for himself and Mr. Sensenbrenner) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
                          To combat terrorism.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Terrorism Prevention and Protection 
Act of 1993''.

                      TITLE I--DOMESTIC TERRORISM

SEC. 101. DOMESTIC TERRORISM.

    (a) In General.--Chapter 113A of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2339. Domestic terrorism
    ``(a) Whoever commits a terrorist act in or affecting interstate or 
foreign commerce shall be subject to the death penalty if death 
results, and in any other case shall be fined under this title or 
imprisoned any term or years or for life.
    ``(b) As used in this section, the term `terrorist act' means any 
crime of violence that appears to be intended--
            ``(1) to influence or to be in retaliation for the policy 
        or conduct of a government;
            ``(2) to intimidate or coerce a civilian population; or
            ``(3) to affect the conduct of a government by 
        assassination or kidnapping.''.
    (b) Clerical Amendments.--The table of sections at the beginning of 
chapter 113A of title 18, United States Code, is amended by adding at 
the end the following:

``2339. Domestic terrorism.''.

SEC. 102. ENHANCED PENALTIES FOR CERTAIN OFFENSES.

    (a) Section 1705(b).--Section 206(b) of the International Economic 
Emergency Powers Act (50 U.S.C. 1705(b)) is amended by striking 
``$50,000'' and inserting ``$1,000,000''.
    (b) Section 1705(a).--Section 206(a) of the International Economic 
Emergency Powers Act (50 U.S.C. 1705(a)) is amended by striking 
``$10,000'' and inserting ``$1,000,000''.
    (c) Section 1541.--Section 1541 of title 18, United States Code, is 
amended--
            (1) by striking ``$500'' and inserting ``$250,000''; and
            (2) by striking ``one year'' and inserting ``five years''.
    (d) Chapter 75.--Sections 1542, 1543, 1544 and 1546 of title 18, 
United States Code, are each amended--
            (1) by striking ``$2,000'' each place it appears and 
        inserting ``$250,000''; and
            (2) by striking ``five years'' each place it appears and 
        inserting ``ten years''.
    (e) Section 1545.--Section 1545 of title 18, United States Code, is 
amended--
            (1) by striking ``$2,000'' and inserting ``$250,000''; and
            (2) by striking ``three years'' and inserting ``ten 
        years''.

SEC. 103. WEAPONS OF MASS DESTRUCTION.

    (a) Findings.--The Congress finds that the use and threatened use 
of weapons of mass destruction, as defined in the statute enacted by 
subsection (b) of this section, gravely harm the national security and 
foreign relations interests of the United States, seriously affect 
interstate and foreign commerce, and disturb the domestic tranquility 
of the United States.
    (b) Offense.--Chapter 113A of title 18, United States Code, as 
added by the preceding section, is amended by inserting after section 
2332 the following new section:
``Sec. 2332a. Use of weapons of mass destruction
    ``(a) Whoever uses, or attempts or conspires to use, a weapon of 
mass destruction--
            ``(1) against a national of the United States while such 
        national is outside of the United States;
            ``(2) against any person within the United States; or
            ``(3) against any property that is owned, leased or used by 
        the United States or by any department or agency of the United 
        States, whether the property is within or 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 imprisoned for any term of years 
or for life.
    ``(b) For purposes of this section--
            ``(1) `national of the United States' has the meaning given 
        in section 101(a)(22) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(22)); and
            ``(2) `weapon of mass destruction' means--
                    ``(a) any destructive device as defined in section 
                921 of this title;
                    ``(b) poison gas;
                    ``(c) any weapon involving a disease organism; or
                    ``(d) any weapon that is designed to release 
                radiation or radioactivity at a level dangerous to 
                human life.''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 113A of title 18, United States Code, is amended by inserting 
after the item relating to section 2332 the following:

``2332a. Use of weapons of mass destruction.''.

SEC. 104. EXTENSION OF THE STATUTE OF LIMITATIONS FOR CERTAIN TERRORISM 
              OFFENSES.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by inserting after section 3285 the following:
``Sec. 3286. Extension of statute of limitations for certain terrorism 
              offenses
    ``Notwithstanding the provisions of section 3282, no person shall 
be prosecuted, tried, or punished for any offense involving a violation 
of section 32 (aircraft destruction), section 36 (airport violence), 
section 112 (assaults upon diplomats), section 351 (crimes against 
Congressmen or Cabinet officers), section 1116 (crimes against 
diplomats), section 1203 (hostage taking), section 1361 (willful injury 
to government property), section 1751 (crimes against the President), 
section 2280 (maritime violence), section 2281 (maritime platform 
violence), section 2331 (terrorist acts abroad against United States 
nationals), section 2339 (use of weapons of mass destruction), or 
section 2340A (torture) of this title or section 902 (i), (j), (k), 
(l), or (n) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 
App. 1572 (i), (j), (k), (l), or (n)), unless the indictment is found 
or the information is instituted within ten years next after such 
offense shall have been committed.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 213 is amended by inserting below the item for:

``3285. Criminal contempt.''.
the following:

``3286. Extension of statute of limitations for certain terrorism 
                            offenses.''.

SEC. 105. F.B.I. ACCESS TO TELEPHONE SUBSCRIBER INFORMATION.

    (a) Required Certification.--Section 2709(b) of title 18, United 
States Code, is amended to read as follows:
    ``(b) Required Certification.--The Director of the Federal Bureau 
of Investigation, or his designee in a position not lower than Deputy 
Assistant Director, may--
            ``(1) request the name, address, length of service, and 
        toll billing records of a person or entity if the Director (or 
        his designee 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--
                    ``(A) the name, address, length of service, and 
                toll billing records sought are relevant to an 
                authorized foreign counterintelligence investigation; 
                and
                    ``(B) there are specific and articulable facts 
                giving reason to believe that the person or entity to 
                whom the information sought pertains is a foreign power 
                or an agent of a foreign power as defined in section 
                101 of the Foreign Intelligence Surveillance Act of 
                1978 (50 U.S.C. 1801); and
            ``(2) request the name, address, and length of service of a 
        person or entity if the Director (or his designee 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--
                    ``(A) the information sought is relevant to an 
                authorized foreign counterintelligence investigation; 
                and
                    ``(B) there are specific and articulable facts 
                giving reason to believe that communication facilities 
                registered in the name of the person or entity have 
                been used, through the services of such provider, in 
                communication with--
                            ``(i) an individual who is engaging or has 
                        engaged in international terrorism as defined 
                        in section 101(c) of the Foreign Intelligence 
                        Surveillance Act or clandestine intelligence 
                        activities that involve or may involve a 
                        violation of the criminal statutes of the 
                        United States; or
                            ``(ii) a foreign power or an agent of a 
                        foreign power under circumstances giving reason 
                        to believe that the communication concerned 
                        international terrorism as defined in section 
                        101(c) of the Foreign Intelligence Surveillance 
                        Act or clandestine intelligence activities that 
                        involve or may involve a violation of the 
                        criminal statutes of the United States.''.
    (b) Report to Judiciary Committees.--Section 2709(e) of title 18, 
United States Code, is amended by adding after ``Senate'' the 
following: ``, and the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate,''.

SEC. 106. VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION.

    (a) Offense.--Chapter 2 of title 18, United States Code, is amended 
by adding at the end thereof the following:
``Sec. 36. Violence at international airports
    ``(a) Whoever unlawfully and intentionally, using any device, 
substance or weapon--
            ``(1) performs an act of violence against a person at an 
        airport serving international civil aviation which causes or is 
        likely to cause serious bodily injury or death; or
            ``(2) destroys or seriously damages the facilities of an 
        airport serving international civil aviation or a civil 
        aircraft not in service located thereon or disrupts the 
        services of the airport;
if such an act endangers or is likely to endanger safety at that 
airport, or attempts to do such an act, shall be fined under this title 
or imprisoned not more than twenty years, or both; and if the death of 
any person results from conduct prohibited by this subsection, shall be 
punished by death or imprisoned for any term of years or for life.
    ``(b) There is jurisdiction over the prohibited activity in 
subsection (a) if--
            ``(1) the prohibited activity takes place in the United 
        States and--
                    ``(A) the perpetrator of the prohibited activity 
                engages in terrorism or acts on behalf of a terrorist 
                group;
                    ``(B) the activity violates subsection (a)(1) and 
                the person against whom the violence is directed is 
                engaged in international air travel;
                    ``(C) the activity violates subsection (a)(2) and 
                the facility or aircraft destroyed or damaged is owned 
                by or leased by a foreign flag carrier or the services 
                disrupted are primarily for the benefit of such a 
                carrier; or
                    ``(D) the activity is not prohibited as a crime by 
                the law of the State in which the airport is located; 
                or
            ``(2) the prohibited activity takes place outside of the 
        United States and the offender is later found in the United 
        States.
    ``(c) For the purposes of this section, the terms `terrorism' and 
`terrorist group' have, respectively, the meanings given those terms in 
section 140 of Public Law 100-204 (22 U.S.C. 2656f).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 2 of title 18, United States Code, is amended by adding at the 
end the following:

``36. Violence at international airports.''.
    (c) Effective Date.--This section shall take effect on the later 
of--
            (1) the date of the enactment of this Act; or
            (2) the date the Protocol for the Suppression of Unlawful 
        Acts of Violence at Airports Serving International Civil 
        Aviation, Supplementary to the Convention for the Suppression 
        of Unlawful Acts Against the Safety of Civil Aviation, done at 
        Montreal on 23 September 1971, has come into force and the 
        United States has become a party to the Protocol.

SEC. 107. PREVENTING ACTS OF TERRORISM AGAINST CIVILIAN AVIATION.

    (a) In General.--Chapter 2 of title 18, United States Code, is 
amended by adding at the end thereof the following new section:
``Sec.  37. Violations of Federal aviation security regulations
    ``Whoever willfully violates a security regulation under part 107 
or 108 of title 14, Code of Federal Regulations (relating to airport 
and airline security) issued pursuant to section 1356 and 1357 of title 
49, United States Code, shall be fined under this title or imprisoned 
for not more than one year, or both.''.
    (b) Table of Sections.--The table of sections for chapter 2 of 
title 18, United States Code, is amended by adding at the end thereof 
the following:

``37. Violation of Federal aviation security regulations.''.

SEC. 108. ECONOMIC TERRORISM TASK FORCE.

    (a) Establishment and Purpose.--There is established an Economic 
Terrorism Task Force to--
            (1) assess the threat of terrorist actions directed against 
        the United States economy, including actions directed against 
        the United States government and actions against United States 
        business interests;
            (2) assess the adequacy of existing policies and procedures 
        designed to prevent terrorist actions directed against the 
        United States economy; and
            (3) recommend administrative and legislative actions to 
        prevent terrorist actions directed against the United States 
        economy.
    (b) Membership.--The Economic Terrorism Task Force shall be chaired 
by the Secretary of State, or his designee, and consist of the 
following members:
            (1) the Director of Central Intelligence;
            (2) the Director of the Federal Bureau of Investigation;
            (3) the Director of the United States Secret Service;
            (4) the Administrator of the Federal Aviation 
        Administration;
            (5) the Chairman of the Board of Governors of the Federal 
        Reserve;
            (6) the Under Secretary of the Treasury for Finance; and
            (7) such other members of the Departments of Defense, 
        Justice, State, Treasury, or any other agency of the United 
        States Government, as the Secretary of State may designate.
    (c) Administrative Provisions.--The provisions of the Federal 
Advisory Committee Act shall not apply with respect to the Economic 
Terrorism Task Force.
    (d) Report.--Not later than 180 days after the date of enactment of 
this Act, the chairman of the Economic Terrorism Task Force shall 
submit a report to the President and the Congress detailing the 
findings and recommendations of the task force. If the report of the 
task force is classified, an unclassified version shall be prepared for 
public distribution.

SEC. 109. ALIEN WITNESS COOPERATION.

    (a) Establishment of New Nonimmigrant Classification.--Section 
101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)) is amended--
            (1) by striking ``or'' at the end of subparagraph (Q),
            (2) by striking the period at the end of subparagraph (R) 
        and inserting ``; or'', and
            (3) by adding at the end the following new subparagraph:
            ``(S) subject to section 214(j), an alien--
                    ``(i) who the Attorney General determines (I) is in 
                possession of critical reliable information concerning 
                a criminal organization or enterprise, and (II) is 
                willing to supply such information to Federal or State 
                law enforcement authorities or a Federal or State court 
                of law, and
                    ``(ii) whose presence in the United States the 
                Attorney General determines is essential to the success 
                of an authorized criminal investigation or the 
                successful prosecution of an individual involved in the 
                criminal organization or enterprise,
        and the spouse and minor children of the alien if accompanying, 
        or following to join, the alien.''.
    (b) Conditions of Entry.--
            (1) Waiver of grounds for exclusion.--Section 212(d) of 
        such Act (8 U.S.C. 1182(d)) is amended by inserting at the 
        beginning the following new paragraph:
    ``(1) The Attorney General may, in his discretion, waive the 
application of subsection (a) (other than paragraph (3)(E) thereof) in 
the case of a nonimmigrant described in section 101(a)(15)(S), if the 
Attorney General deems it in the national interest. Any such waiver 
shall be deemed a waiver of any comparable ground for deportation under 
section 241(a)(1)(A).''.
            (2) Numerical limitations; period of admission; etc.--
        Section 214 of such Act (8 U.S.C. 1184) is amended by adding at 
        the end the following new subsection:
    ``(j)(1) The number of aliens who may be provided a visa as 
nonimmigrants under section 101(a)(15)(S) in any fiscal year may not 
exceed 100.
    ``(2) No alien may be admitted into the United States as such a 
nonimmigrant more than 5 years after the date of the enactment of this 
subsection.
    ``(3) The period of admission of an alien as such a nonimmigrant 
may not exceed 3 years. Such period may not be extended by the Attorney 
General.
    ``(4) As a condition for the admission, and continued stay in 
lawful status, of such a nonimmigrant, the nonimmigrant (A) shall 
report not less often than quarterly to the Commissioner such 
information concerning the alien's whereabouts and activities as the 
Attorney General may require, (B) may not be convicted of any criminal 
offense in the United States after the date of such admission, and (C) 
must have executed a form that waives the nonimmigrant's right to 
contest, other than on the basis of an application for withholding of 
deportation, any action for deportation of the alien instituted before 
the alien obtains lawful permanent resident status.
    ``(5) The Attorney General shall submit a report annually to the 
Committees on the Judiciary of the House of Representatives and of the 
Senate concerning (A) the number of such nonimmigrants admitted, (B) 
the number of successful criminal prosecutions or investigations 
resulting from cooperation of such aliens, (C) the number of such 
nonimmigrants whose admission has not resulted in successful criminal 
prosecution or investigation, and (D) the number of such nonimmigrants 
who have failed to report quarterly (as required under paragraph (4)) 
or who have been convicted of crimes in the United States after the 
date of their admission as such a nonimmigrant.''.
            (3) Prohibition of change of status.--Section 248(1) of 
        such Act (8 U.S.C. 1258(1)) is amended by striking ``or (K)'' 
        and inserting ``(K), or (S)''.
    (c) Adjustment to Permanent Resident Status.--
            (1) In general.--Section 245 of such Act (8 U.S.C. 1255), 
        as amended by section 2(c) of the Armed Forces Immigration 
        Adjustment Act of 1991, is amended by adding at the end the 
        following new subsection:
    ``(h)(1) If, in the opinion of the Attorney General--
            ``(A) a nonimmigrant admitted into the United States under 
        section 101(a)(15)(S) has supplied information described in 
        clauses (i) and (ii) of such section, and
            ``(B) the provision of such information has substantially 
        contributed to the success of an authorized criminal 
        investigation or the successful prosecution of an individual 
        described in clause (ii) of such section,
the Attorney General may adjust the status of the alien (and the spouse 
and child of the alien if admitted under such section) to that of an 
alien lawfully admitted for permanent residence if the alien is not 
described in section 212(a)(3)(E).
    ``(2) Upon the approval of adjustment of status under paragraph 
(1), the Attorney General shall record the alien's lawful admission for 
permanent residence as of the date of such approval and the Secretary 
of State shall reduce by one the number of visas authorized to be 
issued under section 201(d) and 203(b)(4) for the fiscal year then 
current.''.
            (2) Exclusive means of adjustment.--Section 245(c) of such 
        Act (8 U.S.C. 1255(c)) is amended by striking ``or'' before 
        ``(4)'' and by inserting before the period at the end the 
        following: ``; or (5) an alien who was admitted as a 
        nonimmigrant described in section 101(a)(15)(S)''.
    (d) Extending Period of Deportation for Conviction of a Crime.--
Section 241(a)(2)(A)(i)(I) of such Act (8 U.S.C. 1251(a)(2)(A)(i)(I)) 
is amended by inserting ``(or 10 years in the case of an alien provided 
lawful permanent resident status under section 245(h))'' after ``five 
years''.

SEC. 110. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

    (a) Offense.--Chapter 113A of title 18, United States Code, is 
amended by adding the following new section:
``Sec. 2339A. Providing material support to terrorists
    ``Whoever, within the United States, provides material support or 
resources or conceals or disguises 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, 36, 351, 844 (f) or (i), 1114, 1116, 1203, 1361, 1363, 
1751, 2280, 2281, 2331, or 2339 of this title, or section 902(i) of the 
Federal Aviation Act of 1958, as amended (49 U.S.C. App. 1472(i)), or 
in preparation for or carrying out the concealment of an escape from 
the commission of any such violation, shall be fined under this title, 
imprisoned not more than ten years, or both. For purposes of this 
section, the term `material support or resources' means currency or 
other financial securities, financial services, lodging, training, 
safehouses, false documentation or identification, communications 
equipment, facilities, weapons, lethal substances, explosives, 
personnel, transportation, and other physical assets, but does not 
include humanitarian assistance to persons not directly involved in 
such violations.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 113A of title 18, United States Code, is amended by adding the 
following:

``2339A. Providing material support to terrorists.''.

SEC. 111. HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING FIREARMS IN 
              FEDERAL FACILITIES.

    Section 930 of title 18, United States Code, is amended by--
            (a) redesignating subsections (c), (d), (e), and (f) as 
        subsections (d), (e), (f), and (g) respectively;
            (b) in subsection (a), striking ``(c)'' and inserting 
        ``(d)''; and
            (c) inserting after subsection (b) the following:
    ``(c) Whoever kills or attempts to kill any person in the course of 
a violation of subsection (a) or (b), or in the course of an attack on 
a Federal facility involving the use of a firearm or other dangerous 
weapon, shall--
            ``(1) in the case of a killing constituting murder as 
        defined in section 1111(a) of this title, be punished by death 
        or imprisoned for any term of years or for life; and
            ``(2) in the case of any other killing or an attempted 
        killing, be subject to the penalties provided for engaging in 
        such conduct within the special maritime and territorial 
        jurisdiction of the United States under sections 1112 and 1113 
        of this title.''.

SEC. 112. DEATH PENALTY FOR CERTAIN EXPLOSIVES OFFENSES WHEN DEATH 
              RESULTS.

    Section 844 of title 18, United States Code, is amended--
            (1) in subsection (d), by striking ``as provided in section 
        34 of this title'';
            (2) in subsection (f), by striking ``as provided in section 
        34 of this title''; and
            (3) in subsection (i), by striking ``as provided in section 
        34 of this title''.

SEC. 113. SENTENCING GUIDELINES INCREASE FOR TERRORIST CRIMES.

    The United States Sentencing Commission is directed to amend its 
sentencing guidelines to provide an increase of not less than three 
levels in the base offense level for any felony, whether committed 
within or outside the United States, that involves or is intended to 
promote international terrorism, unless such involvement or intent is 
itself an element of the crime.

                          TITLE II--EXPLOSIVES

SEC. 201. TAGGANTS FOR EXPLOSIVE MATERIALS.

    (a) Definitions.--Section 841 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(o) `Identification taggant' means any substance which--
            ``(1) is added to an explosive material during the 
        manufacture of the material; and
            ``(2) after detonation--
                    ``(A) is retrievable;
                    ``(B) permits the identification of the 
                manufacturer and the date of manufacture, of the 
                material; and
                    ``(C) provides such other information as the 
                Secretary may require.
    ``(p) `Detective taggant' means any substance which--
            ``(1) is added to an explosive material during the 
        manufacture of the material; and
            ``(2) permits the detection of the material before its 
        detonation.''.
    (b) Prohibitions.--
            (1) In general.--Section 842 of such title is amended by 
        adding at the end the following:
    ``(l)(1) It shall be unlawful for any person knowingly to 
manufacture any explosive material which does not contain an 
identification taggant which meets standards which shall be promulgated 
by the Secretary under section 847.
    ``(2) It shall be unlawful for any person knowingly to manufacture 
any explosive material which does not contain a detection taggant which 
meets standards which shall be promulgated by the Secretary under 
section 847.
    ``(3) It shall be unlawful for any person knowingly to transport, 
ship, distribute, receive, or otherwise dispose of, or cause to be 
transported, shipped, distributed, received, or otherwise disposed of, 
in interstate or foreign commerce, any explosive material which does 
not contain an identification taggant which meets standards which shall 
be promulgated by the Secretary under section 847. The shipment of 
surplus explosive materials by a private person, from a military 
establishment where sold, to the purchaser's place of business, shall 
be in accordance with regulations which shall be promulgated by the 
Secretary.
    ``(4) It shall be unlawful for any person knowingly to transport, 
ship, distribute, receive, or otherwise dispose of, or cause to be 
transported, shipped, distributed, received, or otherwise disposed of, 
in interstate or foreign commerce, any explosive material which does 
not contain a detection taggant which meets standards which shall be 
promulgated by the Secretary under section 847. The shipment of surplus 
explosive materials, by a private person from a military establishment 
where sold, to the purchaser's place of business, shall be in 
accordance with regulations which shall be promulgated by the 
Secretary.
    ``(5) It shall be unlawful for any person knowingly to import any 
explosive material which does not contain an identification taggant 
which meets standards which shall be promulgated by the Secretary under 
section 847.
    ``(6) It shall be unlawful for any person knowingly to import any 
explosive material which does not contain a detection taggant which 
meets standards which shall be promulgated by the Secretary under 
section 847.
    ``(7) Paragraphs (1) through (6) shall not apply to any explosive 
material designated by the President or the designee of the President 
as an explosive material to be used by a department, agency, or 
instrumentality of the Federal Government for national defense or 
international security purposes.''.
            (2) Reports on designated explosive materials.--The 
        President or the designee of the President shall promptly 
        report to the Secretary of the Treasury any designation of 
        explosive materials pursuant to section 842(l)(7) of title 18, 
        United States Code.
    (c) Penalties.--Section 844(a) of such title is amended--
            (1) by inserting ``(1)'' after ``(a)''; and
            (2) by adding at the end the following:
    ``(2) Any person who violates section 842(l)(1) shall be fined 
under this title, imprisoned not more than 10 years, or both.''.
    (d) Exceptions.--Section 845(a) of such title is amended by adding 
at the end the following: ``Notwithstanding the preceding sentence, 
section 842(l)(1) shall apply to the matters described in paragraphs 
(4) and (5) of this subsection.''.
    (e) Effective Dates.--(1) Except as otherwise provided in this 
section, the amendments made by this section shall take effect 1 year 
after the date of the enactment of this Act.
    (2) Paragraph (2) section 842(l) of title 18, United States Code, 
shall take effect 2 years after such date of enactment.
    (3) Paragraph (3) of such section shall take effect 2 years after 
such date of enactment.
    (4) Paragraph (4) of such section shall take effect 3 years after 
such date of enactment.
    (5) Paragraph (5) of such section shall take effect 1 year after 
such date of enactment.
    (6) Paragraph (6) of such section shall take effect 2 years after 
such date of enactment.
    (f) Delayed Effective Dates.--
            (1) In general.--The Secretary of the Treasury shall by 
        regulation delay one or more of the effective dates provided 
        for in subsection (e) by extensions of not more than one year 
        at a time until the Secretary is satisfied that identification 
        and detection taggants (as defined in section 841 of title 18, 
        United States Code)--
                    (A) are available in sufficient quantity for 
                commercial purposes;
                    (B) will not impair the quality of explosive 
                materials for their intended use;
                    (C) are not unsafe; and
                    (D) will not adversely affect the environment.
            (2) Prior notice to the congress.--The Secretary shall 
        inform the Congress 60 days before delaying the effective date 
        of any provision of law pursuant to paragraph (1), specifying 
        the reasons for the delay, and estimating the time the 
        Secretary expects the provision of law will become effective.

                     TITLE III--ILLEGAL IMMIGRATION

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Immigration Preinspection Act of 
1993''.

SEC. 302. PREINSPECTION AT FOREIGN AIRPORTS.

    (a) In General.--The Immigration and Nationality Act is amended by 
inserting after section 235 the following new section:

                  ``preinspection at foreign airports

    ``Sec. 235A. (a) Establishment of Additional Preinspection Stations 
at High Volume Airports.--Subject to subsection (c), not later than 2 
years after the date of the enactment of this section, the Attorney 
General, in consultation with the Secretary of State, shall establish 
and maintain preinspection stations in at least 3 of the foreign 
airports that are among the 10 foreign airports which the Attorney 
General identifies as serving as last points of departure for the 
greatest numbers of passengers who arrive from abroad by air at ports 
of entry within the United States. Such preinspection stations shall be 
in addition to any preinspection stations established or authorized to 
be established prior to the date of the enactment of this section.
    ``(b) Establishment of Additional Preinspection Stations at Certain 
Foreign Airports From Which Undocumented Aliens Depart for the United 
States.--
            ``(1) Reports to congress.--Not later than November 1, 
        1993, and each subsequent November 1, the Attorney General 
        shall compile and submit to the Committee on the Judiciary of 
        the House of Representatives and the Committee on the Judiciary 
        of the Senate a report identifying the foreign airports which 
        served as last points of departure for aliens who arrived by 
        air at United States ports of entry without valid documentation 
        during the preceding fiscal year. Such report shall indicate 
        the number and nationality of such aliens arriving from each 
        such foreign airport.
            ``(2) Establishment of additional preinspection stations.--
        Subject to subsection (c), not later than November 1, 1995, the 
        Attorney General, in consultation with the Secretary of State, 
        shall establish preinspection stations in at least 3 of the 
        foreign airports that are among the 10 foreign airports 
        identified in the first report submitted under paragraph (1) as 
        serving as the last points of departure for the greatest number 
        of aliens who arrive from abroad by air at points of entry 
        within the United States without valid documentation. Such 
        preinspection stations shall be in addition to any 
        preinspection stations established or authorized to be 
        established either under subsection (a) or prior to the date of 
        the enactment of this section.
            ``(3) Establishment of carrier consultant program.--The 
        Attorney General shall assign additional immigration officers 
        to any foreign airport identified in the first report submitted 
        under paragraph (1) which served as a point of departure for a 
        significant number of arrivals at United States ports of entry 
        without valid documentation, but where no preinspection station 
        is established.
    ``(c) Conditions for Establishment of Preinspection.--Prior to the 
establishment of a preinspection station the Attorney General, in 
consultation with the Secretary of State, shall ensure that--
            ``(1) employees of the United States stationed at the 
        preinspection station and their accompanying family members 
        will receive appropriate protection,
            ``(2) such employees and their families will not be subject 
        to unreasonable risks to their welfare and safety, and
            ``(3) the country in which the preinspection station is to 
        be established maintains practices and procedures with respect 
        to asylum seekers and refugees in accordance with the 
        Convention Relating to the Status of Refugees (done at Geneva, 
        July 28, 1951) or the Protocol Relating to the Status of 
        Refugees (done at New York, January 31, 1967).''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 235 the 
following new item:

``Sec. 235A. Preinspection at foreign airports.''.

SEC. 303. VISA WAIVER PROGRAM.

    (a) Permanency of Program.--Section 217 of the Immigration and 
Nationality Act (8 U.S.C. 1187) is amended--
            (1) by amending the section heading to read as follows:

             ``visa waiver program for certain visitors'';

            (2) in the heading of subsection (a), (a)(2), and (c) by 
        striking ``Pilot'' and ``pilot'' each place either appears and 
        inserting ``Visa Waiver'' and ``visa waiver'', respectively;
            (3) by striking ``pilot'' each place it appears and 
        inserting ``visa waiver'';
            (4) in subsection (a)(1) by striking ``during the pilot 
        program period (as defined in subsection (e)),'';
            (5) in subsection (c)(3) by striking ``(within the pilot 
        program period) after the initial period'';
            (6) in subsection (c) by striking paragraph (4);
            (7) in subsection (e)(1)(A) by striking ``(a)(1)(A)'' and 
        inserting ``(a)(1)''; and
            (8) by striking subsection (f).
    (b) Elimination of Requirement for Execution of Immigration 
Forms.--Section 217 of such Act is further amended--
            (1) in subsection (a) by striking paragraph (3);
            (2) in subsection (a) by redesignating paragraphs (4) 
        through (7) as paragraphs (3) through (6); and
            (3) in subsection (e)(1) by striking ``subsection (a)(4)'' 
        and inserting ``subsection (a)(3)''.
    (c) Exclusion and Deportation of Applicants for Admission Under 
Visa Waiver Program.--Section 217(b) of such Act is amended to read as 
follows:
    ``(b) Exclusion and Deportation of Applicants for Admission under 
Visa Waiver Program.--
            ``(1) Exclusion.--
                    ``(A) An immigration officer's determination that 
                an applicant for admission under this section is not 
                clearly and beyond a doubt entitled to land shall 
                constitute a final order of exclusion and deportation, 
                enforceable pursuant to section 237. Pending such a 
                determination, the Attorney General may maintain such 
                applicant in custody.
                    ``(B) The procedure described in section 236 shall 
                not apply to an order issued under this paragraph.
            ``(2) Deportation.--
                    ``(A) Notwithstanding any other provision of law, 
                an alien admitted to the United States under this 
                section who is determined, pursuant to such regulations 
                as the Attorney General shall prescribe, to be subject 
                to deportation shall be deported pursuant to section 
                243. An immigration officer's determination under this 
                subsection shall constitute a final order of 
                deportation. Pending such determination, the Attorney 
                General may maintain such alien in custody.
                    ``(B) The procedure described in section 242 shall 
                not apply to an order issued under this paragraph.
            ``(3) Review.--Notwithstanding any other provision of law 
        or the failure of a carrier to provide the notice described in 
        subsection (e)(1)(D), an alien who applies for admission to the 
        United States under this section shall not be entitled--
                    ``(A) to review or appeal under this Act of an 
                immigration officer's determination as to the 
                admissibility of the alien at the port of entry into 
                the United States, or
                    ``(B) subject to paragraph (4), to contest an 
                immigration officer's determination under paragraph 
                (2).
            ``(4) Asylum.--The Attorney General shall establish a 
        procedure for an alien who is applying for admission under this 
        section or who has been admitted under this section to apply 
        for asylum under section 208.
            ``(5) Treatment of Nationals of Visa Waiver Countries.--An 
        alien who--
                    ``(A) is a national of a visa waiver program 
                country or claims to be a national of a visa waiver 
                country, and
                    ``(B) is not in possession of a valid visa, shall 
                be considered to be an applicant for admission under 
                this section.''.
    (d) Carrier Agreements.--Section 217(e)(1) of such Act is amended--
            (1) in subparagraph (B) by striking ``and'';
            (2) in subparagraph (C) by striking the period at the end 
        and inserting ``; and''; and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph:
                    ``(D) to provide passengers applying for admission 
                to the United States under this section with written 
                notification that they are not entitled (i) to any 
                appeal or review of an immigration officer's 
                determination of admissibility, or (ii) to contest any 
                action for deportation.''.
    (e) Clerical Amendment.--The item in the table of contents of such 
Act relating to section 217 is amended to read as follows:

``Sec. 217. Visa waiver program for certain visitors.''.

SEC. 304. EXPEDITING AIRPORT IMMIGRATION PROCESSING.

    (a) Passenger Manifests.--
            (1) Electronic passenger manifests.--Section 231(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1221(a)) is amended 
        in the first sentence by striking ``typewritten'' and inserting 
        ``electronic, typewritten,''.
            (2) Information contained in passenger manifest.--Section 
        231(a) of such Act (8 U.S.C. 1221(a)) is further amended by 
        inserting immediately before the period at the end of the 
        second sentence ``, except that regulations concerning the 
        information contained in such lists may not require information 
        other than the full name, date of birth, passport number, and 
        citizenship of the person transported, and information 
        identifying the flight on which the person was transported''.
    (b) Inspection by Immigration Officers.--Section 235(a) of the 
Immigration and Nationality Act (8 U.S.C. 1225(a)) is amended by adding 
after the second sentence the following: ``Except as the Attorney 
General may provide, nothing in this section shall be construed as 
requiring a personal interview in the conduct of an examination or 
inspection.''.
    (c) Provision of Immigration Inspection and Preinspection 
Services.--
            (1) In general.--Section 286 of the Immigration and 
        Nationality Act (8 U.S.C. 1356) is amended--
                    (A) in subsection (g) by striking ``forty-five'' 
                and inserting ``thirty''; and
                    (B) in subsection (l)--
                            (i) by striking ``forty-five'' and 
                        inserting ``thirty''; and
                            (ii) by striking ``March 31st'' and 
                        inserting ``January 31st''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to passengers arriving on or after 60 days after 
        the date of the enactment of this Act.
    (d) Expedited Process for the Inspection of Citizens.--
            (1) In general.--Section 235A of the Immigration and 
        Nationality Act, as inserted by section 1(a) of this Act, is 
        amended--
                    (A) in the heading, by adding at the end the 
                following: ``; expedited process for the inspection of 
                citizens'', and
                    (B) by adding at the end the following new 
                subsection:
    ``(d) Expedited Process for the Inspection of Citizens.--Not later 
than 90 days after the date of the enactment of this section, the 
Attorney General shall implement an expedited process for the 
inspection of United States citizens upon arrival from abroad by air at 
ports of entry within the United States. An expedited process shall be 
maintained except during a national or airport specific security 
emergency as determined by the Attorney General.''.
            (2) Clerical amendment.--The item in the table of contents 
        of such Act relating to section 235A, as inserted by section 
        1(b) of this title, is amended to read as follows:

``Sec. 235A. Preinspection at foreign airports; expedited process for 
                            the inspection of citizens.''.

                   TITLE IV--INTERNATIONAL TERRORISM

SEC. 401. PROTECTION OF PARTICIPANTS IN THE REWARDS PROGRAM.

    Subsection 36(e) of the State Department Basic Authorities Act (22 
U.S.C. 2708) is amended by inserting ``(1)'' immediately following 
``(e)'' and by adding the following new paragraph:
    ``(2)(A) Whenever the information which would justify a reward 
under subsection (a) is furnished by an alien and the Secretary of 
State and the Attorney General jointly determine that the protection of 
such alien or the alien's immediate family requires the admission of 
such alien or aliens to the United States, then such alien, and the 
alien's immediate relatives, if necessary, may be issued visas and 
admitted to the United States for permanent residence, without regard 
to the requirements of the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.).
    ``(B) The total number of aliens admitted to the United States 
under subparagraph (A) shall not exceed 25 in any one fiscal year.
    ``(C) For purposes of this paragraph, the term `immediate relative' 
has the same meaning given to such term in section 201(b)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)).''.

SEC. 402. PENALTIES FOR INTERNATIONAL TERRORIST ACTS.

    Section 2331 of title 18, United States Code, as amended by 
subtitle A of this title, is further amended--
            (1) in subsection (a)--
                    (A) in paragraph (2) by striking ``ten'' and 
                inserting ``twenty''; and
                    (B) in paragraph (3) by striking ``three'' and 
                inserting ``ten''; and
            (2) in subsection (c) by striking ``five'' and inserting 
        ``ten''.

SEC. 403. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION OR FIXED 
              PLATFORMS.

    Chapter 111 of title 18, United States Code, is amended by adding 
at the end the following:
``Sec. 2280. Violence against maritime navigation
    ``(a) Whoever unlawfully and intentionally--
            ``(1) seizes or exercises control over a ship by force or 
        threat thereof or any other form of intimidation;
            ``(2) performs an act of violence against a person on board 
        a ship if that act is likely to endanger the safe navigation of 
        that ship;
            ``(3) destroys a ship or causes damage to a ship or to its 
        cargo which is likely to endanger the safe navigation of that 
        ship;
            ``(4) places or causes to be placed on a ship, by any means 
        whatsoever, a device or substance which is likely to destroy 
        that ship, or cause damage to that ship or its cargo which 
        endangers or is likely to endanger the safe navigation of that 
        ship;
            ``(5) destroys or seriously damages maritime navigational 
        facilities or seriously interferes with their operation, if 
        such act is likely to endanger the safe navigation of a ship;
            ``(6) communicates information, knowing the information to 
        be false and under circumstances in which such information may 
        reasonably be believed, thereby endangering the safe navigation 
        of a ship;
            ``(7) injures or kills any person in connection with the 
        commission or the attempted commission of any of the offenses 
        set forth in paragraphs (1) through (6); or
            ``(8) attempts to do any act prohibited under paragraphs 
        (1) through (7);
shall be fined under this title or imprisoned not more than twenty 
years, or both; and if the death of any person results, from conduct 
prohibited by this subsection, shall be punished by death or imprisoned 
for any term of years or for life.
    ``(b) Whoever threatens to do any act prohibited under paragraphs 
(2), (3) or (5) of subsection (a), with apparent determination and will 
to carry the threat into execution, if the threatened act is likely to 
endanger the safe navigation of the ship in question, shall be fined 
under this title or imprisoned not more than five years, or both.
    ``(c) There is jurisdiction over the prohibited activity in 
subsections (a) and (b)--
            ``(1) in the case of a covered ship, if--
                    ``(A) such activity is committed--
                            ``(i) by a person engaged in terrorism or 
                        who acts on behalf of a terrorist group;
                            ``(ii) against or on board a ship flying 
                        the flag of the United States at the time the 
                        prohibited activity is committed;
                            ``(iii) in the United States and the 
                        activity is not prohibited as a crime by the 
                        State in which the activity takes place; or
                            ``(iv) the activity takes place on a ship 
                        flying the flag of a foreign country or outside 
                        the United States, by a national of the United 
                        States or by a stateless person whose habitual 
                        residence is in the United States;
                    ``(B) during the commission of such activity, a 
                national of the United States is seized, threatened, 
                injured or killed; or
                    ``(C) the offender is later found in the United 
                States after such activity is committed;
            ``(2) in the case of a ship navigating or scheduled to 
        navigate solely within the territorial sea or internal waters 
        of a country other than the United States, if the offender is 
        later found in the United States after such activity is 
        committed; and
            ``(3) in the case of any vessel, if such activity is 
        committed in an attempt to compel the United States to do or 
        abstain from doing any act.
    ``(d) As used in this section, the term--
            ``(1) the term `ship' means a vessel of any type whatsoever 
        not permanently attached to the sea-bed, including dynamically 
        supported craft, submersibles or any other floating craft; but 
        such term does not include a warship, a ship owned or operated 
        by a government when being used as a naval auxiliary or for 
        customs or police purposes, or a ship which has been withdrawn 
        from navigation or laid up;
            ``(2) the term `covered ship' means a ship that is 
        navigating or is scheduled to navigate into, through or from 
        waters beyond the outer limit of the territorial sea of a 
        single country or a lateral limit of that country's territorial 
        sea with an adjacent country;
            ``(3) the term `national of the United States' has the 
        meaning given such term in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
            ``(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 `United States', when used in a geographical 
        sense, includes the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Marianas Islands and all 
        territories and possessions of the United States.
``Sec. 2281. Violence against maritime fixed platforms
    ``(a) Whoever unlawfully and intentionally--
            ``(1) seizes or exercises control over a fixed platform by 
        force or threat thereof or any other form of intimidation;
            ``(2) performs an act of violence against a person on board 
        a fixed platform if that act is likely to endanger its safety;
            ``(3) destroys a fixed platform or causes damage to it 
        which is likely to endanger its safety;
            ``(4) places or causes to be placed on a fixed platform, by 
        any means whatsoever, a device or substance which is likely to 
        destroy that fixed platform or likely to endanger its safety;
            ``(5) injures or kills any person in connection with the 
        commission or the attempted commission of any of the offenses 
        set forth in paragraphs (1) through (4); or
            ``(6) attempts to do anything prohibited under paragraphs 
        (1) through (5);

shall be fined under this title or imprisoned not more than twenty 
years, or both; and if death results to any person from conduct 
prohibited by this subsection, shall be punished by death or imprisoned 
for any term of years or for life.
    ``(b) Whoever threatens to do anything prohibited under paragraphs 
(2) or (3) of subsection (a), with apparent determination and will to 
carry the threat into execution, if the threatened act is likely to 
endanger the safety of the fixed platform, shall be fined under this 
title or imprisoned not more than five years, or both.
    ``(c) There is jurisdiction over the prohibited activity in 
subsections (a) and (b) if--
            ``(1) such activity is committed against or on board a 
        fixed platform--
                    ``(A) that is located on the continental shelf of 
                the United States, if--
                            ``(i) by a person engaged in terrorism or 
                        who acts on behalf of a terrorist group; or
                            ``(ii) if the activity is not prohibited as 
                        a crime by the State in which the activity 
                        takes place;
                    ``(B) that is located on the continental shelf of 
                another country, by a national of the United States or 
                by a stateless person whose habitual residence is in 
                the United States; or
                    ``(C) in an attempt to compel the United States to 
                do or abstain from doing any act;
            ``(2) during the commission of such activity against or on 
        board a fixed platform located on a continental shelf, a 
        national of the United States is seized, threatened, injured or 
        killed; or
            ``(3) such activity is committed against or on board a 
        fixed platform located outside the United States and beyond the 
        continental shelf of the United States and the offender is 
        later found in the United States.
    ``(d) As used in this section, the term--
            ``(1) `continental shelf' means the sea-bed and subsoil of 
        the submarine areas that extend beyond a country's territorial 
        sea to the limits provided by customary international law as 
        reflected in Article 76 of the 1982 Convention on the Law of 
        the Sea;
            ``(2) `fixed platform' means an artificial island, 
        installation or structure permanently attached to the sea-bed 
        for the purpose of exploration or exploitation of resources or 
        for other economic purposes;
            ``(3) `national of the United States' has the meaning given 
        such term in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22));
            ``(4) `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) `United States', when used in a geographical sense, 
        includes the Commonwealth of Puerto Rico, the Commonwealth of 
        the Northern Marianas Islands and all territories and 
        possessions of the United States.''.

SEC. 404. CLERICAL AMENDMENTS.

    The table of sections at the beginning of chapter 111 of title 18, 
United States Code, is amended by adding at the end thereof the 
following:

        ``2280. Violence against maritime navigation.
        ``2281. Violence against maritime fixed 
            platforms.''.

SEC. 405. EFFECTIVE DATES.

    This subtitle and the amendments made by this subtitle shall take 
effect on the later of--
            (1) the date of the enactment of this Act; or
            (2)(A) in the case of section 2280 of title 18, United 
        States Code, the date the Convention for the Suppression of 
        Unlawful Acts Against the Safety of Maritime Navigation has 
        come into force and the United States has become a party to 
        that Convention; and
            (B) in the case of section 2281 of title 18, United States 
        Code, the date the Protocol for the Suppression of Unlawful 
        Acts Against the Safety of Fixed Platforms Located on the 
        Continental Shelf has come into force and the United States has 
        become a party to that Protocol.

SEC. 406. TERRITORIAL SEA EXTENDING TO TWELVE MILES INCLUDED IN SPECIAL 
              MARITIME AND TERRITORIAL JURISDICTION.

    The Congress hereby declares that all the territorial sea of the 
United States, as defined by Presidential Proclamation 5928 of December 
27, 1988, is part of the United States, subject to its sovereignty, 
and, for purposes of Federal criminal jurisdiction, is within the 
special maritime and territorial jurisdiction of the United States 
wherever that term is used in title 18, United States Code.

SEC. 407. ASSIMILATED CRIMES IN EXTENDED TERRITORIAL SEA.

    Section 13 of title 18, United States Code (relating to the 
adoption of State laws for areas within Federal jurisdiction), is 
amended by--
            (1) inserting after ``title'' in subsection (a) the 
        following: ``or on, above, or below any portion of the 
        territorial sea of the United States not within the territory 
        of any State, Territory, Possession, or District''; and
            (2) inserting at the end thereof the following new 
        subsection:
    ``(c) Whenever any waters of the territorial sea of the United 
States lie outside the territory of any State, Territory, Possession, 
or District, such waters (including the airspace above and the seabed 
and subsoil below, and artificial islands and fixed structures erected 
thereon) shall be deemed for purposes of subsection (a) to lie within 
the area of that State, Territory, Possession, or District it would lie 
within if the boundaries of such State, Territory, Possession, or 
District were extended seaward to the outer limit of the territorial 
sea of the United States.''.

SEC. 408. JURISDICTION OVER CRIMES AGAINST UNITED STATES NATIONALS ON 
              CERTAIN FOREIGN SHIPS.

    Section 7 of title 18, United States Code (relating to the special 
maritime and territorial jurisdiction of the United States), is amended 
by inserting at the end thereof the following new paragraph:
    ``(8) To the extent permitted by international law, any foreign 
vessel during a voyage having a scheduled departure from or arrival in 
the United States with respect to an offense committed by or against a 
national of the United States.''.

SEC. 409. TORTURE.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 113A the following new chapter:

                        ``CHAPTER 113B--TORTURE

``Sec.
2340. Definitions.
2340A. Torture.
2340B. Exclusive remedies.
``Sec. 2340. Definitions
    ``As used in this chapter--
            ``(1) `torture' means an act committed by a person acting 
        under the color of law specifically intended to inflict severe 
        physical or mental pain or suffering (other than pain or 
        suffering incidental to lawful sanctions) upon another person 
        within his custody or physical control.
            ``(2) `severe mental pain or suffering' means the prolonged 
        mental harm caused by or resulting from: (a) the intentional 
        infliction or threatened infliction of severe physical pain or 
        suffering; (b) the administration or application, or threatened 
        administration or application, of mind altering substances or 
        other procedures calculated to disrupt profoundly the senses or 
        the personality; (c) the threat of imminent death; or (d) the 
        threat that another person will imminently be subjected to 
        death, severe physical pain or suffering, or the administration 
        or application of mind altering substances or other procedures 
        calculated to disrupt profoundly the senses or personality.
            ``(3) `United States' includes all areas under the 
        jurisdiction of the United States including any of the places 
        within the provisions of sections 5 and 7 of this title and 
        section 101(38) of the Federal Aviation Act of 1958, as amended 
        (49 U.S.C. App. 1301(38)).
``Sec. 2340A. Torture
    ``(a) Whoever outside the United States commits or attempts to 
commit torture shall be fined under this title or imprisoned not more 
than twenty years, or both; and if death results to any person from 
conduct prohibited by this subsection, shall be punished by death or 
imprisoned for any term of years or for life.
    ``(b) There is jurisdiction over the prohibited activity in 
subsection (a) if: (1) the alleged offender is a national of the United 
States; or (2) the alleged offender is present in the United States, 
irrespective of the nationality of the victim or the alleged offender.
``Sec. 2340B. Exclusive remedies
    ``Nothing in this chapter shall be construed as precluding the 
application of State or local laws on the same subject, nor shall 
anything in this chapter be construed as creating any substantive or 
procedural right enforceable by law by any party in any civil 
proceeding.''.
    (b) Clerical Amendment.--The table of chapters for part I of title 
18, United States Code, is amended by inserting after the item for 
chapter 113A the following new item:

``113B. Torture.............................................   2340.''.
    (c) Effective Date.--This section shall take effect on the later 
of--
            (1) the date of enactment of this section; or
            (2) the date the United States has become a party to the 
        Convention Against Torture and Other Cruel, Inhuman or 
        Degrading Treatment or Punishment.

SEC. 410. COUNTERFEITING UNITED STATES CURRENCY ABROAD.

    (a) In General.--Chapter 25 of title 18, United States Code, is 
amended by adding before section 471 the following new section:
``Sec. 470. Counterfeit acts committed outside the United States
    ``Whoever, outside the United States, engages in the act of--
            ``(1) making, dealing, or possessing any counterfeit 
        obligation or other security of the United States; or
            ``(2) making, dealing, or possessing any plate, stone, or 
        other thing, or any part thereof, used to counterfeit such 
        obligation or security,
if such act would constitute a violation of section 471, 473, or 474 of 
this title if committed within the United States, shall be fined under 
this title, imprisoned for not more than 15 years, or both.''.
    (b) Table of Sections.--The table of sections for chapter 25 of 
title 18, United States Code, is amended by adding before section 471 
the following:

``471. Counterfeit acts committed outside the United States.''.
    (c) Table of Chapters.--The table of chapters at the beginning of 
part I of title 18, United States Code, is amended by striking the item 
for chapter 25 and inserting the following:

``25. Counterfeiting and forgery............................     470''.

SEC. 411. TERRORIST DEATH PENALTY ACT.

    Section 2332(a)(1) of title 18 of the United States Code is amended 
to read as follows:
            ``(1)(A) if the killing is murder as defined in section 
        1111(a) of this title, be fined under this title, punished by 
        death or imprisonment for any term of years or for life, or 
        both;''.

SEC. 412. FOREIGN MURDER OF UNITED STATES NATIONALS.

    (a) In General.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end thereof the following new section:
``Sec. 1118. Foreign murder of United States nationals
    ``(a) Whoever, being a national of the United States, kills or 
attempts to kill a national of the United States while such national is 
outside the United States but within the jurisdiction of another 
country shall be punished as provided under sections 1111, 1112, and 
1113 of this title.
    ``(b) No prosecution may be instituted against any person under 
this section except upon the written approval of the Attorney General, 
the Deputy Attorney General, or an Assistant Attorney General, which 
function of approving prosecutions may not be delegated. No prosecution 
shall be approved if prosecution has been previously undertaken by a 
foreign country for the same act or omission.
    ``(c) No prosecution shall be approved under this section unless 
the Attorney General, in consultation with the Secretary of State, 
determines that the act or omission took place in a country in which 
the person is no longer present, and the country lacks the ability to 
lawfully secure the person's return. A determination by the Attorney 
General under this subsection is not subject to judicial review.
    ``(d) As used in this section, the term `national of the United 
States' has the meaning given such term in section 101(a)(22) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.
    (b) Conforming Amendment.--Section 1117 of title 18, United States 
Code, is amended by striking ``or 1116'' and inserting ``1116, or 
1118''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 51 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1118. Foreign murder of United States nationals.''.

     TITLE V--AUTHORIZATIONS TO EXPAND COUNTER-TERRORIST OPERATIONS

SEC. 501. AUTHORIZATIONS OF APPROPRIATIONS.

    There is authorized to be appropriated in each of the fiscal years 
1992, 1993 and 1994, in addition to any other amounts specified in 
appropriations Acts, for counter-terrorist operations and programs:
            (1) for the Federal Bureau of Investigation, $20,000,000;
            (2) for the Department of State, $5,000,000;
            (3) for the United States Customs Service, $5,000,000;
            (4) for the United States Secret Service, $2,500,000;
            (5) for the Bureau of Alcohol, Tobacco and Firearms, 
        $10,000,000;
            (6) for the Federal Aviation Administration, $2,500,000;
            (7) for the Immigration and Naturalization Service, 
        $5,000,000; and
            (8) for grants to state and local law enforcement agencies, 
        to be administered by the Office of Justice Programs in the 
        Department of Justice, in consultation with the Federal Bureau 
        of Investigation, $25,000,000.

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