[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3071 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3071

                          To combat terrorism.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 12, 1996

  Mr. Nadler 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 ``Effective Counterterrorism Act of 
1996''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                         TITLE I--CRIMINAL ACTS

Sec. 101. Protection of Federal employees.
Sec. 102. Prohibiting material support to terrorist organizations.
Sec. 103. Modification of material support provision.
Sec. 104. Receiving material support from terrorist organizations or 
                            governments.
Sec. 105. Acts of terrorism against children.
Sec. 106. Conspiracy to harm people and property overseas.
Sec. 107. Clarification and extension of criminal jurisdiction over 
                            certain terrorism offenses overseas.
Sec. 108. Expansion and modification of weapons of mass destruction 
                            statute.
Sec. 109. Addition of offenses to the money laundering statute.
Sec. 110. Expansion of Federal jurisdiction over bomb threats.
Sec. 111. Clarification of maritime violence jurisdiction.
Sec. 112. Possession of stolen explosives prohibited.
                     TITLE II--INCREASED PENALTIES

Sec. 201. Penalties for certain explosives offenses.
Sec. 202. Increased penalty for explosive conspiracies.
Sec. 203. Increased and alternate conspiracy penalties for terrorism 
                            offenses.
Sec. 204. Mandatory penalty for transferring an explosive material 
                            knowing that it will be used to commit a 
                            crime of violence.
                     TITLE III--INVESTIGATIVE TOOLS

Sec. 301. Study of tagging explosive materials, detection of explosives 
                            and explosive materials, rendering 
                            explosive components inert, and imposing 
                            controls of precursors of explosives.
Sec. 302. Requirement to preserve record evidence.
Sec. 303. Detention hearing.
Sec. 304. Reward authority of the Attorney General.
Sec. 305. Protection of Federal Government buildings in the District of 
                            Columbia.
Sec. 306. Study of thefts from armories; report to the Congress.
                      TITLE IV--NUCLEAR MATERIALS

Sec. 401. Expansion of nuclear materials prohibitions.
        TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES

Sec. 501. Definitions.
Sec. 502. Requirement of detection agents for plastic explosives.
Sec. 503. Criminal sanctions.
Sec. 504. Exceptions.
Sec. 505. Effective date.
           TITLE VI--REMOVAL PROCEDURES FOR ALIEN TERRORISTS

Sec. 601. Removal procedures for alien terrorists.
                  TITLE VII--AUTHORIZATION AND FUNDING

Sec. 701. Firefighter and emergency services training.
Sec. 702. Assistance to foreign countries to procure explosive 
                            detection devices and other counter-
                            terrorism technology.
Sec. 703. Research and development to support counter-terrorism 
                            technologies.
Sec. 704. Authorization of appropriations.
                       TITLE VIII--MISCELLANEOUS

Sec. 801. Study of State licensing requirements for the purchase and 
                            use of high explosives.
Sec. 802. Compensation of victims of terrorism.
Sec. 803. Jurisdiction for lawsuits against terrorist States.
Sec. 804. Compilation of statistics relating to intimidation of 
                            government employees.
Sec. 805. Victim restitution Act.

                         TITLE I--CRIMINAL ACTS

SEC. 101. PROTECTION OF FEDERAL EMPLOYEES.

    (a) Homicide.--Section 1114 of title 18, United States Code, is 
amended to read as follows:
``Sec. 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, in the case of murder, as provided under section 1111, or 
in the case of manslaughter, as provided under section 1112, or, in the 
case of attempted murder or manslaughter, as provided in section 
1113.''.
    (b) Threats Against Former Officers and Employees.--Section 
115(a)(2) of title 18, United States Code, is amended by inserting ``, 
or threatens to assault, kidnap, or murder, any person who formerly 
served as a person designated in paragraph (1), or'' after ``assaults, 
kidnaps, or murders, or attempts to kidnap or murder''.

SEC. 102. PROHIBITING MATERIAL SUPPORT TO TERRORIST ORGANIZATIONS.

    (a) In General.--The chapter 113B of title 18, United States Code, 
that relates to terrorism is amended by adding at the end the 
following:
``Sec. 2339B. Providing material support to terrorist organizations
    ``(a) Offense.--Whoever, within the United States knowingly 
provides material support or resources in or affecting interstate or 
foreign commerce, to any organization which the person knows or should 
have known is a terrorist organization that has been designated under 
this section as a terrorist organization shall be fined under this 
title or imprisoned not more than 10 years, or both.
    ``(b) Terrorist Organization Defined.--
            ``(1) Designation.--For purposes of this section and the 
        Crimes Associated With Terrorism Act of 1996 and title V of the 
        Immigration and Nationality Act, the term `terrorist 
        organization' means a foreign organization designated in the 
        Federal Register as a terrorist organization by the Secretary 
        of State in consultation with the Attorney General, based upon 
        a finding that the organization engages in, or has engaged in, 
        terrorist activity that threatens the national security of the 
        United States.
            ``(2) Process.--At least 3 days before designating an 
        organization as a terrorist organization through publication in 
        the Federal Register, the Secretary of State, in consultation 
        with the Attorney General, shall notify the Committees on the 
        Judiciary of the House of Representatives and the Senate of the 
        intent to make such designation and the findings and the basis 
        for designation. The Secretary of State, in consultation with 
        the Attorney General, shall create an administrative record 
        prior to such designation and may use classified information in 
        making such a designation. Such classified information is not 
        subject to disclosure so long as it remains classified, except 
        as provided in paragraph (3) for the purposes of judicial 
        review of such designation. The Secretary of State, in 
        consultation with the Attorney General, shall provide notice 
        and an opportunity for public comment prior to the creation of 
        the administrative record under this paragraph.
            ``(3) Judicial review.--Any organization designated as a 
        terrorist organization under the preceding provisions of this 
        subsection may, not later than 30 days after the date of the 
designation, seek judicial review thereof in any United States Court of 
Appeals of competent jurisdiction. The court shall hold unlawful and 
set aside the designation if the court finds the designation to be 
arbitrary, capricious, an abuse of discretion, or otherwise not in 
accordance with law, not supported by a preponderance of the evidence, 
contrary to constitutional right, power, privilege, or immunity, or not 
in accord with the procedures required by law. Such review shall 
proceed in an expedited manner. Designated organizations shall have the 
opportunity to call witnesses and present evidence in rebuttal of such 
designation. During the pendency of the court's review of the 
designation, the prohibition against providing material support to the 
organization under this section shall not apply unless the court finds 
that the Government is likely to succeed on the merits of the 
designation. For the purposes of this section, any classified 
information used in making the designation shall be considered by the 
court, and provided to the organization, under the procedures provided 
under title V of the Immigration and Nationality Act.
            ``(4) Congressional authority to remove designation.--The 
        Congress reserves the authority to remove, by law, the 
        designation of an organization as a terrorist organization 
        under this subsection.
            ``(5) Sunset.--Subject to paragraph (4), the designation 
        under this subsection of an organization as a terrorist 
        organization shall be effective for a period of 2 years from 
        the date of the initial publication of the terrorist 
        organization designation by the Secretary of State. At the end 
        of such period (but no sooner than 60 days prior to the 
        termination of the 2-year designation period), the Secretary of 
        State, in consultation with the Attorney General, may 
        redesignate the organization in conformity with the 
        requirements of this subsection for designation of the 
        organization.
            ``(6) Other authority to remove designation.--The Secretary 
        of State, in consultation with the Attorney General, may remove 
        the terrorist organization designation from any organization 
        previously designated as such an organization, at any time, so 
        long as the Secretary publishes notice of the removal in the 
        Federal Register. The Secretary is not required to report to 
        Congress prior to so removing such designation.
    ``(c) Definitions.--As used in this section, the term--
            ``(1) `material support or resources' has the meaning given 
        that term in section 2339A of this title; and
            ``(2) `terrorist activity' means any act in preparation for 
        or in carrying out a violation of section 32, 37, 351, 844(f) 
        or (i), 956, 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281, 
        2331(1)(A), 2332, 2332a, or 2332b of this title or section 
        46502 of title 49, or in preparation for or in carrying out the 
        concealment or an escape from the commission of any such 
        violation.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
the chapter 113B of title 18, United States Code, that relates to 
terrorism is amended by inserting after the item relating to section 
2339a the following new item:

``2339b. Providing material support to terrorist organizations.''.

SEC. 103. MODIFICATION OF MATERIAL SUPPORT PROVISION.

    Section 2339A of title 18, United States Code, is amended read as 
follows:
``Sec. 2339A. Providing material support to terrorists
    ``(a) Offense.--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, 37, 81, 175, 351, 844(f) or 
(i), 956, 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, 2332a, 
2332b, or 2340 of this title or section 46502 or 6012 of title 49, or 
in preparation for or in carrying out the concealment or an escape from 
the commission of any such violation, shall be fined under this title, 
imprisoned not more than ten years, or both.
    ``(b) Definition.--In this section, the term `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, except medicine or religious materials.''.

SEC. 104. RECEIVING MATERIAL SUPPORT FROM TERRORIST ORGANIZATIONS OR 
              GOVERNMENTS.

    (a) In General.--The chapter 113B of title 18, United States Code, 
that relates to terrorism is amended by adding by adding at the end the 
following:
``Sec. 2339C. Receiving material support from terrorist organizations 
              or countries supporting terrorism
    ``(a) Offense.--Whoever, within the United States knowingly 
receives material support or resources in or affecting interstate or 
foreign commerce, from a terrorist organization or a country supporting 
terrorism, shall be fined under this title or imprisoned not more than 
10 years.
    ``(b) Exceptions.--This section shall not apply to any thing of 
value received as judgment in a civil action or as restitution for any 
act of terrorism, crime of war or crime against humanity.
    ``(c) Definitions.--For the purposes of this section, the term--
            ``(1) `terrorist organization' means any organization which 
        the person knows or should have known is a terrorist 
        organization as designated for the purposes of section 2339B; 
        or
            ``(2) `counry supporting terrorism', means any country 
        designated by the President under section 505 of the 
        International Security and Development Cooperation Act of 1985 
        (22 U.S.C. 2349aa-9) (relating to the ban on importing goods 
        and services from countries supporting terrorism) as a country 
        supporting terrorism, or any country designated under section 
        504 of the International Security and Development Cooperation 
        Act of 1985 (22 U.S.C 2349aa-8) (relating to the prohibition on 
        imports from and exports to Libya).''.

SEC. 105. ACTS OF TERRORISM AGAINST CHILDREN.

    (a) Offense.--Title 18, United States Code, is amended by inserting 
after section 2332a the following:
``Sec. 2332b. Acts of terrorism against children
    ``(a) Prohibited Acts.--
    ``(a) Whoever intentionally commits a Federal crime of terrorism 
against a child, shall be fined under this title or imprisoned for any 
term of years or for life, or both. This section does not prevent the 
imposition of any more severe penalty which may be provided for the 
same conduct by another provision of Federal law.
    ``(b) Definitions.--As used in this section--
            ``(1) 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 weapons), 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 
                        commit violent acts in foreign countries), 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), 1362 (relating to destruction of 
                        communication lines), 1363 (relating to injury 
                        to buildings or property within special 
                        maritime and territorial jurisdiction of the 
                        United States), 1366 (relating to destruction 
                        of energy facility), 1751 (relating to 
                        Presidential and Presidential staff 
                        assassination, kidnapping, and assault), 2152 
                        (relating to injury of harbor defenses), 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 violence outside 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) of this title;
                            ``(ii) section 236 (relating to sabotage of 
                        nuclear facilities or fuel) of the Atomic 
                        Energy Act of 1954; or
                            ``(iii) section 46502 (relating to aircraft 
                        piracy), or 60123(b) (relating to destruction 
                        of interstate gas or hazardous liquid pipeline 
                        facility) of title 49; and
            ``(2) the term `child' means an individual who has not 
        attained the age of 18 years.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
the chapter 113B of title 18, United States Code, that relates to 
terrorism is amended by inserting after the item relating to section 
2332a the following new item:

``2332b. Acts of terrorism against children.''.

SEC. 106. 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:
``Sec. 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. 107. 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. 108. EXPANSION AND MODIFICATION OF WEAPONS OF MASS DESTRUCTION 
              STATUTE.

    Section 2332a of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``Against a National or Within the 
                United States'' after ``Offense'';
                    (B) by inserting ``, without lawful authority'' 
                after ``A person who'';
                    (C) by inserting ``threatens,'' before ``attempts 
                or conspires to use, a weapon of mass destruction''; 
                and
                    (D) by inserting ``and the results of such use 
                affect interstate or foreign commerce or, in the case 
                of a threat, attempt, or conspiracy, would have 
                affected interstate or foreign commerce'' before the 
                semicolon at the end of paragraph (2);
            (2) in subsection (b)(2)(A), by striking ``section 921'' 
        and inserting ``section 921(a)(4) (other than subparagraphs (B) 
        and (C))'';
            (3) in subsection (b), so that subparagraph (B) of 
        paragraph (2) reads as follows:
                    ``(B) any weapon that is designed to cause death or 
                serious bodily injury through the release, 
                dissemination, or impact of toxic or poisonous 
                chemicals, or their precursors;'';
            (4) by redesignating subsection (b) as subsection (c); and
            (5) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Offense by National Outside the United States.--Any national 
of the United States who, without lawful authority and outside the 
United States, uses, or threatens, attempts, or conspires to use, a 
weapon of mass destruction shall be imprisoned for any term of years or 
for life.''.

SEC. 109. ADDITION OF OFFENSES TO THE MONEY LAUNDERING STATUTE.

    (a) Murder and Destruction of Property.--Section 1956(c)(7)(B)(ii) 
of title 18, United States Code, is amended by striking ``or 
extortion;'' and inserting ``extortion, murder, or destruction of 
property by means of explosive or fire;''.
    (b) Specific Offenses.--Section 1956(c)(7)(D) of title 18, United 
States Code, is amended--
            (1) by inserting after ``an offense under'' the following: 
        ``section 32 (relating to the destruction of aircraft), section 
        37 (relating to violence at international airports), section 
        115 (relating to influencing, impeding, or retaliating against 
        a Federal official by threatening or injuring a family 
        member),'';
            (2) by inserting after ``section 215 (relating to 
        commissions or gifts for procuring loans),'' the following: 
        ``section 351 (relating to Congressional or Cabinet officer 
        assassination),'';
            (3) by inserting after ``section 793, 794, or 798 (relating 
        to espionage),'' the following: ``section 831 (relating to 
        prohibited transactions involving nuclear materials), section 
        844 (f) or (i) (relating to destruction by explosives or fire 
        of Government property or property affecting interstate or 
        foreign commerce),'';
            (4) by inserting after ``section 875 (relating to 
        interstate communications),'' the following: ``section 956 
        (relating to conspiracy to kill, kidnap, maim, or injure 
        certain property in a foreign country),'';
            (5) by inserting after ``1032 (relating to concealment of 
        assets from conservator, receiver, or liquidating agent of 
        financial institution),'' the following: ``section 1111 
        (relating to murder), section 1114 (relating to protection of 
        officers and employees of the United States), section 1116 
        (relating to murder of foreign officials, official guests, or 
        internationally protected persons),'';
            (6) by inserting after ``section 1203 (relating to hostage 
        taking),'' the following: ``section 1361 (relating to willful 
        injury of Government property), section 1363 (relating to 
        destruction of property within the special maritime and 
        territorial jurisdiction),'';
            (7) by inserting after ``section 1708 (theft from the 
        mail),'' the following: ``section 1751 (relating to 
        Presidential assassination),'';
            (8) by inserting after ``2114 (relating to bank and postal 
        robbery and theft),'' the following: ``section 2280 (relating 
        to violence against maritime navigation), section 2281 
        (relating to violence against maritime fixed platforms),''; and
            (9) by striking ``of this title'' and inserting the 
        following: ``section 2332 (relating to terrorist acts abroad 
        against United States nationals), section 2332a (relating to 
        use of weapons of mass destruction), section 2332c (relating to 
        international terrorist acts transcending national boundaries), 
        section 2339A (relating to providing material support to 
        terrorists) of this title, section 46502 of title 49, United 
        States Code''.

SEC. 110. EXPANSION OF FEDERAL JURISDICTION OVER BOMB THREATS.

    Section 844(e) of title 18, United States Code, is amended by 
striking ``commerce,'' and inserting ``interstate or foreign commerce, 
or in or affecting interstate or foreign commerce,''.

SEC. 111. 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. 112. 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.''.

                     TITLE II--INCREASED PENALTIES

SEC. 201. PENALTIES FOR CERTAIN EXPLOSIVES OFFENSES.

    (a) Increased Penalties for Damaging Certain Property.--Section 
844(f) of title 18, United States Code, is amended to read as follows:
    ``(f) Whoever damages or destroys, or attempts to damage or 
destroy, by means of fire or an explosive, any personal or real 
property in whole or in part owned, possessed, or used by, or leased 
to, the United States, or any department or agency thereof, or any 
institution or organization receiving Federal financial assistance 
shall be fined under this title or imprisoned for not more than 25 
years, or both, but--
            ``(1) if personal injury results to any person other than 
        the offender, the term of imprisonment shall be not more than 
        40 years;
            ``(2) if fire or an explosive is used and its use creates a 
        substantial risk of serious bodily injury to any person other 
        than the offender, the term of imprisonment shall not be more 
        than 45 years; and
            ``(3) if death results to any person other than the 
        offender, the offender shall be subject to imprisonment for any 
        term of years, or for life.''.
    (b) Conforming Amendment.--Section 81 of title 18, United States 
Code, is amended by striking ``fined under this title or imprisoned not 
more than five years, or both'' and inserting ``imprisoned not more 
than 25 years or fined the greater of the fine under this title or the 
cost of repairing or replacing any property that is damaged or 
destroyed, or both''.
    (c) Statute of Limitation for Arson Offenses.--
            (1) Chapter 213 of title 18, United States Code, is amended 
        by adding at the end the following:
``Sec. 3295. Arson offenses
    ``No person shall be prosecuted, tried, or punished for any non-
capital offense under section 81 or subsection (f), (h), or (i) of 
section 844 of this title unless the indictment is found or the 
information is instituted within 7 years after the date on which the 
offense was committed.''.
            (2) The table of sections at the beginning of chapter 213 
        of title 18, United States Code, is amended by adding at the 
        end the following new item:

``3295. Arson offenses.''.
            (3) Section 844(i) of title 18, United States Code, is 
        amended by striking the last sentence.

SEC. 202. INCREASED PENALTY FOR EXPLOSIVE CONSPIRACIES.

    Section 844 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(n) Except as otherwise provided in this section, a person who 
conspires to commit any offense defined in this chapter shall be 
subject to the same penalties (other than the penalty of death) as 
those prescribed for the offense the commission of which was the object 
of the conspiracy.''.

SEC. 203. INCREASED AND ALTERNATE CONSPIRACY 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''.
            (4) Section 175(a) of title 18, United States Code, is 
        amended by inserting ``or conspires to do so,'' after ``any 
        organization to do so,''.
    (b) Aircraft Piracy.--
            (1) Section 46502(a)(2) of title 49, United States Code, is 
        amended by inserting ``or conspiring'' after ``attempting''.
            (2) Section 46502(b)(1) of title 49, United States Code, is 
        amended by inserting ``or conspiring to commit'' after 
        ``committing''.

SEC. 204. 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:
    ``(o) Whoever knowingly transfers any explosive materials, knowing 
that such explosive materials will be used to commit a crime of 
violence (as defined in section 924(c)(3) of this title) or drug 
trafficking crime (as defined in section 924(c)(2) of this title) shall 
be subject to the same penalties as may be imposed under subsection (h) 
for a first conviction for the use or carrying of the explosive 
materials.''.

                     TITLE III--INVESTIGATIVE TOOLS

SEC. 301. STUDY OF TAGGING EXPLOSIVE MATERIALS, DETECTION OF EXPLOSIVES 
              AND EXPLOSIVE MATERIALS, RENDERING EXPLOSIVE COMPONENTS 
              INERT, AND IMPOSING CONTROLS OF PRECURSORS OF EXPLOSIVES.

    (a) Study.--The Secretary of the Treasury, in consultation with 
other Federal, State and local officials with expertise in this area 
and such other individuals as the Secretary of the Treasury deems 
appropriate, shall conduct a study concerning--
            (1) the tagging of explosive materials for purposes of 
        detection and identification;
            (2) technology for devices to improve the detection of 
        explosives materials;
            (3) whether common chemicals used to manufacture explosive 
        materials can be rendered inert and whether it is feasible to 
        require it; and
            (4) whether controls can be imposed on certain precursor 
        chemicals used to manufacture explosive materials and whether 
        it is feasible to require it.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the Congress a 
report that contains the results of the study required by this section. 
The Secretary shall make the report available to the public.
    (c) Limitation.--The study under this section shall not include 
black powder or smokeless powder among the explosive materials it 
concerns.

SEC. 302. REQUIREMENT TO PRESERVE RECORD EVIDENCE.

    Section 2703 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(f) Requirement To Preserve Evidence.--A provider of wire or 
electronic communication services or a remote computing service, upon 
the request of a governmental entity, shall take all necessary steps to 
preserve records, and other evidence in its possession pending the 
issuance of a court order or other process. Such records shall be 
retained for a period of 90 days, which period shall be extended for an 
additional 90-day period upon a renewed request by the governmental 
entity.''.

SEC. 303. 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. 304. REWARD AUTHORITY OF THE ATTORNEY GENERAL.

    (a) In General.--Title 18, United States Code, is amended by 
striking sections 3059 through 3059A and inserting the following:
``Sec. 3059. Reward authority of the Attorney General
    ``(a) The Attorney General may pay rewards and receive from any 
department or agency, funds for the payment of rewards under this 
section, to any individual who provides any information unknown to the 
Government leading to the arrest or prosecution of any individual for 
Federal felony offenses.
    ``(b) If the reward exceeds $100,000, the Attorney General shall 
give notice of that fact to the Senate and the House of Representatives 
not later than 30 days before authorizing the payment of the reward.
    ``(c) A determination made by the Attorney General as to whether to 
authorize an award under this section and as to the amount of any 
reward authorized shall not be subject to judicial review.
    ``(d) If the Attorney General determines that the identity of the 
recipient of a reward or of the members of the recipient's immediate 
family must be protected, the Attorney General may take such measures 
in connection with the payment of the reward as the Attorney General 
deems necessary to effect such protection.
    ``(e) No officer or employee of any governmental entity may receive 
a reward under this section for conduct in performance of his or her 
official duties.
    ``(f) Any individual (and the immediate family of such individual) 
who furnishes information which would justify a reward under this 
section or a reward by the Secretary of State under section 36 of the 
State Department Basic Authorities Act of 1956 may, in the discretion 
of the Attorney General, participate in the Attorney General's witness 
security program under chapter 224 of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 203 of title 18, United States Code, is amended by striking the 
items relating to section 3059 and 3059A and inserting the following 
new item:

``3059. Reward authority of the Attorney General.''.
    (c) Conforming Amendment.--Section 1751 of title 18, United States 
Code, is amended by striking subsection (g).

SEC. 305. PROTECTION OF FEDERAL GOVERNMENT BUILDINGS IN THE DISTRICT OF 
              COLUMBIA.

    The Attorney General is authorized--
            (1) to prohibit vehicles from parking or standing on any 
        street or roadway adjacent to any building in the District of 
        Columbia which is in whole or in part owned, possessed, used 
        by, or leased to the Federal Government and used by Federal law 
        enforcement authorities; and
            (2) to prohibit any person or entity from conducting 
        business on any property immediately adjacent to any such 
        building.

SEC. 306. STUDY OF THEFTS FROM ARMORIES; REPORT TO THE CONGRESS.

    (a) Study.--The Attorney General of the United States shall conduct 
a study of the extent of thefts from military arsenals (including 
National Guard armories) of firearms, explosives, and other materials 
that are potentially useful to terrorists.
    (b) Report to the Congress.--Within 6 months after the date of the 
enactment of this Act, the Attorney General shall submit to the 
Congress a report on the study required by subsection (a).

                      TITLE IV--NUCLEAR MATERIALS

SEC. 401. EXPANSION OF NUCLEAR MATERIALS PROHIBITIONS.

    Section 831 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``nuclear material'' 
        each place it appears and inserting ``nuclear material or 
        nuclear byproduct material'';
            (2) in subsection (a)(1)(A), by inserting ``or the 
        environment'' after ``property'';
            (3) so that subsection (a)(1)(B) reads as follows:
                    ``(B)(i) circumstances exist which are likely to 
                cause the death of or serious bodily injury to any 
                person or substantial damage to property or the 
                environment; or (ii) such circumstances are represented 
                to the defendant to exist;'';
            (4) in subsection (a)(6), by inserting ``or the 
        environment'' after ``property'';
            (5) so that subsection (c)(2) reads as follows:
            ``(2) an offender or a victim is a national of the United 
        States or a United States corporation or other legal entity;'';
            (6) in subsection (c)(3), by striking ``at the time of the 
        offense the nuclear material is in use, storage, or transport, 
        for peaceful purposes, and'';
            (7) by striking ``or'' at the end of subsection (c)(3);
            (8) in subsection (c)(4), by striking ``nuclear material 
        for peaceful purposes'' and inserting ``nuclear material or 
        nuclear byproduct material'';
            (9) by striking the period at the end of subsection (c)(4) 
        and inserting ``; or'';
            (10) by adding at the end of subsection (c) the following:
            ``(5) the governmental entity under subsection (a)(5) is 
        the United States or the threat under subsection (a)(6) is 
        directed at the United States.'';
            (11) in subsection (f)(1)(A), by striking ``with an 
        isotopic concentration not in excess of 80 percent plutonium 
        238'';
            (12) in subsection (f)(1)(C) by inserting ``enriched 
        uranium, defined as'' before ``uranium'';
            (13) in subsection (f), by redesignating paragraphs (2), 
        (3), and (4) as paragraphs (3), (4), and (5), respectively;
            (14) by inserting after subsection (f)(1) the following:
            ``(2) the term `nuclear byproduct material' means any 
        material containing any radioactive isotope created through an 
        irradiation process in the operation of a nuclear reactor or 
        accelerator;'';
            (15) by striking ``and'' at the end of subsection (f)(4), 
        as redesignated;
            (16) by striking the period at the end of subsection 
        (f)(5), as redesignated, and inserting a semicolon; and
            (17) by adding at the end of subsection (f) the following:
            ``(6) the term `national of the United States' has the 
        meaning prescribed in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22)); and
            ``(7) the term `United States corporation or other legal 
        entity' means any corporation or other entity organized under 
        the laws of the United States or any State, district, 
        commonwealth, territory or possession of the United States.''.

        TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES

SEC. 501. DEFINITIONS.

    Section 841 of title 18, United States Code, is amended by adding 
at the end the following:
            ``(o) `Convention on the Marking of Plastic Explosives' 
        means the Convention on the Marking of Plastic Explosives for 
        the Purpose of Detection, Done at Montreal on 1 March 1991.
            ``(p) `Detection agent' means any one of the substances 
        specified in this subsection when introduced into a plastic 
        explosive or formulated in such explosive as a part of the 
        manufacturing process in such a manner as to achieve 
        homogeneous distribution in the finished explosive, including--
                    ``(1) Ethylene glycol dinitrate (EGDN), 
                C<INF>2H<INF>4(NO<INF>3)<INF>2, molecular weight 152, 
                when the minimum concentration in the finished 
                explosive is 0.2 percent by mass;
                    ``(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), 
                C<INF>6H<INF>12(NO<INF>2)<INF>2, molecular weight 176, 
                when the minimum concentration in the finished 
                explosive is 0.1 percent by mass;
                    ``(3) Para-Mononitrotoluene (p-MNT), 
                C<INF>7H<INF>7NO<INF>2, molecular weight 137, when the 
                minimum concentration in the finished explosive is 0.5 
                percent by mass;
                    ``(4) Ortho-Mononitrotoluene (o-MNT), 
                C<INF>7H<INF>7NO<INF>2, molecular weight 137, when the 
                minimum concentration in the finished explosive is 0.5 
                percent by mass; and
                    ``(5) any other substance in the concentration 
                specified by the Secretary, after consultation with the 
                Secretary of State and the Secretary of Defense, which 
                has been added to the table in part 2 of the Technical 
                Annex to the Convention on the Marking of Plastic 
                Explosives.
            ``(q) `Plastic explosive' means an explosive material in 
        flexible or elastic sheet form formulated with one or more high 
        explosives which in their pure form have a vapor pressure less 
        than 10<SUP>-4 Pa at a temperature of 25 deg.C., is formulated 
        with a binder material, and is as a mixture malleable or 
        flexible at normal room temperature.''.

SEC. 502. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES.

    Section 842 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(l) It shall be unlawful for any person to manufacture any 
plastic explosive which does not contain a detection agent.
    ``(m)(1) it shall be unlawful for any person to import or bring 
into the United States, or export from the United States, any plastic 
explosive which does not contain a detection agent.
    ``(2) Until the 15-year period that begins with the date of entry 
into force of the Convention on the Marking of Plastic Explosives with 
respect to the United States has expired, paragraph (1) shall not apply 
to the importation or bringing into the United States, or the 
exportation from the United States, of any plastic explosive which was 
imported, brought into, or manufactured in the United States before the 
effective date of this subsection by or on behalf of any agency of the 
United States performing military or police functions (including any 
military Reserve component) or by or on behalf of the National Guard of 
any State.
    ``(n)(1) It shall be unlawful for any person to ship, transport, 
transfer, receive, or possess any plastic explosive which does not 
contain a detection agent.
    ``(2)(A) During the 3-year period that begins on the effective date 
of this subsection, paragraph (1) shall not apply to the shipment, 
transportation, transfer, receipt, or possession of any plastic 
explosive, which was imported, brought into, or manufactured in the 
United States before such effective date by any person.
    ``(B) Until the 15-year period that begins on the date of entry 
into force of the Convention on the Marking of Plastic Explosives with 
respect to the United States has expired, paragraph (1) shall not apply 
to the shipment, transportation, transfer, receipt, or possession of 
any plastic explosive, which was imported, brought into, or 
manufactured in the United States before the effective date of this 
subsection by or on behalf of any agency of the United States 
performing a military or police function (including any military 
reserve component) or by or on behalf of the National Guard of any 
State.
    ``(o) It shall be unlawful for any person, other than an agency of 
the United States (including any military reserve component) or the 
National Guard of any State, possessing any plastic explosive on the 
effective date of this subsection, to fail to report to the Secretary 
within 120 days after the effective date of this subsection the 
quantity of such explosives possessed, the manufacturer or importer, 
any marks of identification on such explosives, and such other 
information as the Secretary may by regulations prescribe.''.

SEC. 503. CRIMINAL SANCTIONS.

    Section 844(a) of title 18, United States Code, is amended to read 
as follows:
    ``(a) Any person who violates subsections (a) through (i) or (l) 
through (o) of section 842 of this title shall be fined under this 
title, imprisoned not more than 10 years, or both.''.

SEC. 504. EXCEPTIONS.

    Section 845 of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting ``(l), (m), (n), or (o) 
        of section 842 and subsections'' after ``subsections'';
            (2) in subsection (a)(1), by inserting ``and which pertains 
        to safety'' before the semicolon; and
            (3) by adding at the end the following:
    ``(c) It is an affirmative defense against any proceeding involving 
subsection (l), (m), (n), or (o) of section 842 of this title if the 
proponent proves by a preponderance of the evidence that the plastic 
explosive--
            ``(1) consisted of a small amount of plastic explosive 
        intended for and utilized solely in lawful--
                    ``(A) research, development, or testing of new or 
                modified explosive materials;
                    ``(B) training in explosives detection or 
                development or testing of explosives detection 
                equipment; or
                    ``(C) forensic science purposes; or
            ``(2) was plastic explosive which, within 3 years after the 
        effective date of this paragraph, will be or is incorporated in 
        a military device within the territory of the United States and 
        remains an integral part of such military device, or is 
        intended to be, or is incorporated in, and remains an integral 
        part of a military device that is intended to become, or has 
        become, the property of any agency of the United States 
        performing military or police functions (including any military 
        reserve component) or the National Guard of any State, wherever 
        such device is located. For purposes of this subsection, the 
        term `military device' includes shells, bombs, projectiles, 
        mines, missiles, rockets, shaped charges, grenades, 
        perforators, and similar devices lawfully manufactured 
        exclusively for military or police purposes.''.

SEC. 505. EFFECTIVE DATE.

    The amendments made by this title shall take effect 1 year after 
the date of the enactment of this Act.

           TITLE VI--REMOVAL PROCEDURES FOR ALIEN TERRORISTS

SEC. 601. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.

    (a) In General.--The Immigration and Nationality Act is amended--
            (1) by adding at the end of the table of contents the 
        following:

       ``Title V--Special Removal Procedures for Alien Terrorists

``Sec. 501. Definitions.
``Sec. 502. Establishment of special removal court.
``Sec. 503. Application for initiation of special removal proceeding.
``Sec. 504. Consideration of application.
``Sec. 505. Special removal hearings.
``Sec. 506. Appeals.'';
        and
            (2) by adding at the end the following new title:

       ``TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS

                             ``definitions

    ``Sec. 501. In this title:
            ``(1) The term `alien terrorist' means an alien described 
        in section 241(a)(4)(B).
            ``(2) The term `classified information' has the meaning 
        given such term in section 1(a) of the Classified Information 
        Procedures Act (18 U.S.C. App.).
            ``(3) The term `national security' has the meaning given 
        such term in section 1(b) of the Classified Information 
        Procedures Act (18 U.S.C. App.).
            ``(4) The term `special removal court' means the court 
        established under section 502(a).
            ``(5) The term `special removal hearing' means a hearing 
        under section 505.
            ``(6) The term `special removal proceeding' means a 
        proceeding under this title.

                ``establishment of special removal court

    ``Sec. 502. (a) In General.--The Chief Justice of the United States 
shall publicly designate 5 district court judges from 5 of the United 
States judicial circuits who shall constitute a court which shall have 
jurisdiction to conduct all special removal proceedings.
    ``(b) Terms.--Each judge designated under subsection (a) shall 
serve for a term of 5 years and shall be eligible for redesignation, 
except that the four associate judges first so designated shall be 
designated for terms of one, two, three, and four years so that the 
term of one judge shall expire each year.
    ``(c) Chief Judge.--The Chief Justice shall publicly designate one 
of the judges of the special removal court to be the chief judge of the 
court. The chief judge shall promulgate rules to facilitate the 
functioning of the court and shall be responsible for assigning the 
consideration of cases to the various judges.
    ``(d) Expeditious and Confidential Nature of Proceedings.--The 
provisions of section 103(c) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1803(c)) shall apply to proceedings under this 
title in the same manner as they apply to proceedings under such Act.

       ``application for initiation of special removal proceeding

    ``Sec. 503. (a) In General.--Whenever the Attorney General has 
classified information that an alien is an alien terrorist, the 
Attorney General, in the Attorney General's discretion, may seek 
removal of the alien under this title through the filing with the 
special removal court of a written application described in subsection 
(b) that seeks an order authorizing a special removal proceeding under 
this title. The application shall be submitted in camera and ex parte 
and shall be filed under seal with the court.
    ``(b) Contents of Application.--Each application for a special 
removal proceeding shall include all of the following:
            ``(1) The identity of the Department of Justice attorney 
        making the application.
            ``(2) The approval of the Attorney General or the Deputy 
        Attorney General for the filing of the application based upon a 
        finding by that individual that the application satisfies the 
        criteria and requirements of this title.
            ``(3) The identity of the alien for whom authorization for 
        the special removal proceeding is sought.
            ``(4) A statement of the facts and circumstances relied on 
        by the Department of Justice to establish that--
                    ``(A) the alien is an alien terrorist and is 
                physically present in the United States, and
                    ``(B) with respect to such alien, adherence to the 
                provisions of title II regarding the deportation of 
                aliens would pose a risk to the national security of 
                the United States.
            ``(5) An oath or affirmation respecting each of the facts 
        and statements described in the previous paragraphs.
    ``(c) Right To Dismiss.--The Department of Justice retains the 
right to dismiss a removal action under this title at any stage of the 
proceeding.

                     ``consideration of application

    ``Sec. 504. (a) In General.--In the case of an application under 
section 503 to the special removal court, a single judge of the court 
shall be assigned to consider the application. The judge, in accordance 
with the rules of the court, shall consider the application and may 
consider other information, including classified information, presented 
under oath or affirmation. The judge shall consider the application 
(and any hearing thereof) in camera and ex parte. A verbatim record 
shall be maintained of any such hearing.
    ``(b) Approval of Order.--The judge shall enter ex parte the order 
requested in the application if the judge finds, on the basis of such 
application and such other information (if any), that there is probable 
cause to believe that--
            ``(1) the alien who is the subject of the application has 
        been correctly identified and is an alien terrorist, and
            ``(2) adherence to the provisions of title II regarding the 
        deportation of the identified alien would pose a risk to the 
        national security of the United States.
    ``(c) Denial of Order.--If the judge denies the order requested in 
the application, the judge shall prepare a written statement of the 
judge's reasons for the denial.

                       ``special removal hearings

    ``Sec. 505. (a) In General.--In any case in which the application 
for the order is approved under section 504, a special removal hearing 
shall be conducted under this section for the purpose of determining 
whether the alien to whom the order pertains should be removed from the 
United States on the grounds that the alien is an alien terrorist. 
Consistent with section 506, the alien shall be given reasonable notice 
of the nature of the charges against the alien and a general account of 
the basis for the charges. The alien shall be given notice, reasonable 
under all the circumstances, of the time and place at which the hearing 
will be held. The hearing shall be held as expeditiously as possible.
    ``(b) Use of Same Judge.--The special removal hearing shall be held 
before the same judge who granted the order pursuant to section 504 
unless that judge is deemed unavailable due to illness or disability by 
the chief judge of the special removal court, or has died, in which 
case the chief judge shall assign another judge to conduct the special 
removal hearing. A decision by the chief judge pursuant to the 
preceding sentence shall not be subject to review by either the alien 
or the Department of Justice.
    ``(c) Rights in Hearing.--
            ``(1) Public hearing.--The special removal hearing shall be 
        open to the public.
            ``(2) Right of counsel.--The alien shall have a right to be 
        present at such hearing and to be represented by counsel. Any 
        alien financially unable to obtain counsel shall be entitled to 
        have counsel assigned to represent the alien. Such counsel 
        shall be appointed by the judge pursuant to the plan for 
        furnishing representation for any person financially unable to 
        obtain adequate representation for the district in which the 
        hearing is conducted, as provided for in section 3006A of title 
        18, United States Code. All provisions of that section shall 
        apply and, for purposes of determining the maximum amount of 
        compensation, the matter shall be treated as if a felony was 
        charged.
            ``(3) Introduction of evidence.--The alien shall have a 
        right to introduce evidence on the alien's own behalf.
            ``(4) Examination of witnesses.--The alien shall have a 
        reasonable opportunity to examine the evidence against the 
        alien and to cross-examine any witness.
            ``(5) Record.--A verbatim record of the proceedings and of 
        all testimony and evidence offered or produced at such a 
        hearing shall be kept.
            ``(6) Decision based on evidence at hearing.--The decision 
        of the judge in the hearing shall be based only on the evidence 
        introduced at the hearing.
    ``(d) Subpoenas.--
            ``(1) Request.--At any time prior to the conclusion of the 
        special removal hearing, either the alien or the Department of 
        Justice may request the judge to issue a subpoena for the 
        presence of a named witness (which subpoena may also command 
        the person to whom it is directed to produce books, papers, 
        documents, or other objects designated therein) upon a 
        satisfactory showing that the presence of the witness is 
        necessary for the determination of any material matter.
            ``(2) Payment for attendance.--If an application for a 
        subpoena by the alien also makes a showing that the alien is 
        financially unable to pay for the attendance of a witness so 
        requested, the court may order the costs incurred by the 
        process and the fees of the witness so subpoenaed to be paid 
        from funds appropriated for the enforcement of title II.
            ``(3) Nationwide service.--A subpoena under this subsection 
        may be served anywhere in the United States.
            ``(4) Witness fees.--A witness subpoenaed under this 
        subsection shall receive the same fees and expenses as a 
        witness subpoenaed in connection with a civil proceeding in a 
        court of the United States.
    ``(e) Treatment of Classified Information.--The judge shall examine 
in camera and ex parte any item of classified information for which the 
Attorney General determines that public disclosure would pose a risk to 
the national security of the United States. With respect to such 
evidence, the Attorney General shall also submit to the court a summary 
prepared in accordance with subsection (f).
    ``(f) Summary of Classified Information.--
            ``(1) The information submitted under subsection (e) shall 
        contain a summary of the information that does not pose a risk 
        to the national security.
            ``(2) The judge shall approve the summary if the judge 
        finds that the summary will provide the alien with 
        substantially the same ability to make his defense as would 
        disclosure of the specific classified information.
            ``(3) The Attorney General shall cause to be delivered to 
        the alien a copy of the summary approved under paragraph (2).
    ``(g) Determination of Deportation.--If the judge determines that 
the summary described in subsection (f) will provide the alien with 
substantially the same ability to make his defense as would the 
disclosure of the specific classified evidence, a determination of 
deportation may be made on the basis of the summary and any other 
evidence entered in the public record and to which the alien has been 
given access. If the judge does not approve the summary, a 
determination of deportation may be made on the basis of any other 
evidence entered in the public record and to which the alien has been 
given access. In either case, such a determination will be made when 
the Attorney General proves, by clear, convincing, and unequivocal 
evidence that the alien is subject to deportation because such alien is 
an alien as described in section 241(a)(4)(B).

                               ``appeals

    ``Sec. 506. (a) Appeals by Alien.--The alien may appeal a 
determination under section 505(f) or 505(g) to the United States Court 
of Appeals for the circuit where the alien resides by filing a notice 
of appeal with such court not later than 30 days after the 
determination is made.
    ``(b) Appeals by the United States.--The Attorney General may 
appeal a determination made under section 504, or section 505(f) or 
505(g) to the Court of Appeals for the circuit where the alien resides, 
by filing a notice of appeal with such court not later than 20 days 
after the determination is made under any one of such subsections.
    ``(c) Transmittal of Classified Information.--When requested by the 
Attorney General, the classified information in section 506(e) shall be 
transmitted to the court of appeals under seal.''.

                  TITLE VII--AUTHORIZATION AND FUNDING

SEC. 701. FIREFIGHTER AND EMERGENCY SERVICES TRAINING.

    The Attorney General may award grants in consultation with the 
Federal Emergency Management Agency for the purposes of providing 
specialized training or equipment to enhance the capability of 
metropolitan fire and emergency service departments to respond to 
terrorist attacks. To carry out the purposes of this section, there is 
authorized to be appropriated $5,000,000 for fiscal year 1996.

SEC. 702. ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE EXPLOSIVE 
              DETECTION DEVICES AND OTHER COUNTER-TERRORISM TECHNOLOGY.

    There is authorized to be appropriated not to exceed $10,000,000 
for fiscal years 1996 and 1997 to the President to provide assistance 
to foreign countries facing an imminent danger of terrorist attack that 
threatens the national interest of the United States or puts United 
States nationals at risk--
            (1) in obtaining explosive detection devices and other 
        counter-terrorism technology; and
            (2) in conducting research and development projects on such 
        technology.

SEC. 703. RESEARCH AND DEVELOPMENT TO SUPPORT COUNTER-TERRORISM 
              TECHNOLOGIES.

    There are authorized to be appropriated not to exceed $10,000,000 
to the National Institute of Justice Science and Technology Office--
            (1) to develop technologies that can be used to combat 
        terrorism, including technologies in the areas of--
                    (A) detection of weapons, explosives, chemicals, 
                and persons;
                    (B) tracking;
                    (C) surveillance;
                    (D) vulnerability assessment; and
                    (E) information technologies;
            (2) to develop standards to ensure the adequacy of products 
        produced and compatibility with relevant national systems; and
            (3) to identify and assess requirements for technologies to 
        assist State and local law enforcement in the national program 
        to combat terrorism.

SEC. 704. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for each of fiscal years 
1996 through 2000 to the Federal Bureau of Investigation such sums as 
are necessary--
            (1) to hire additional personnel, and to procure equipment, 
        to support expanded investigations of domestic and 
        international terrorism activities;
            (2) to establish a Domestic Counterterrorism Center to 
        coordinate and centralize Federal, State, and local law 
        enforcement efforts in response to major terrorist incidents, 
        and as a clearinghouse for all domestic and international 
        terrorism information and intelligence; and
            (3) to cover costs associated with providing law 
        enforcement coverage of public events offering the potential of 
        being targeted by domestic or international terrorists.

                       TITLE VIII--MISCELLANEOUS

SEC. 801. STUDY OF STATE LICENSING REQUIREMENTS FOR THE PURCHASE AND 
              USE OF HIGH EXPLOSIVES.

    The Secretary of the Treasury, in consultation with the Federal 
Bureau of Investigation, shall conduct a study of State licensing 
requirements for the purchase and use of commercial high explosives, 
including detonators, detonating cords, dynamite, water gel, emulsion, 
blasting agents, and boosters. Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall report to Congress 
the results of this study, together with any recommendations the 
Secretary determines are appropriate.

SEC. 802. COMPENSATION OF VICTIMS OF TERRORISM.

    (a) Requiring Compensation for Terrorist Crimes.--Section 
1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(d)(3)) 
is amended--
            (1) by inserting ``crimes involving terrorism,'' before 
        ``driving while intoxicated''; and
            (2) by inserting a comma after ``driving while 
        intoxicated''.
    (b) Foreign Terrorism.--Section 1403(b)(6)(B) of the Victims of 
Crime Act of 1984 (42 U.S.C. 10603(b)(6)(B)) is amended by inserting 
``are outside the United States (if the compensable crime is terrorism, 
as defined in section 2331 of title 18, United States Code), or'' 
before ``are States not having''.

SEC. 803. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES.

    (a) Exception to Foreign Sovereign Immunity for Certain Cases.--
Section 1605 of title 28, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``or'' at the end of paragraph (5);
                    (B) by striking the period at the end of paragraph 
                (6) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(7) not otherwise covered by paragraph (2), in which 
        money damages are sought against a foreign state for personal 
        injury or death that was caused by an act of torture, 
        extrajudicial killing, aircraft sabotage, hostage taking, or 
        the provision of material support or resources (as defined in 
        section 2339A of title 18) for such an act if such act or 
        provision of material support is engaged in by an official, 
        employee, or agent of such foreign state while acting within 
        the scope of his or her office, employment, or agency, except 
        that--
                    ``(A) an action under this paragraph shall not be 
                maintained unless the act upon which the claim is based 
                occurred while the individual bringing the claim was a 
                national of the United States (as that term is defined 
                in section 101(a)(22) of the Immigration and 
                Nationality Act); and
                    ``(B) the court shall decline to hear a claim under 
                this paragraph if the foreign state against whom the 
                claim has been brought establishes that procedures and 
                remedies are available in such state which comport with 
                fundamental fairness and due process.''; and
            (2) by adding at the end the following new subsection:
    ``(e) For purposes of paragraph (7) of subsection (a)--
            ``(1) the terms `torture' and `extrajudicial killing' have 
        the meaning given those terms in section 3 of the Torture 
        Victim Protection Act of 1991;
            ``(2) the term `hostage taking' has the meaning given that 
        term in Article 1 of the International Convention Against the 
        Taking of Hostages; and
            ``(3) the term `aircraft sabotage' has the meaning given 
        that term in Article 1 of the Convention for the Suppression of 
        Unlawful Acts Against the Safety of Civil Aviation.''.
    (b) Exception to Immunity From Attachment.--
            (1) Foreign state.--Section 1610(a) of title 28, United 
        States Code, is amended--
                    (A) by striking the period at the end of paragraph 
                (6) and inserting ``, or''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(7) the judgment relates to a claim for which the foreign 
        state is not immune under section 1605(a)(7), regardless of 
        whether the property is or was involved with the act upon which 
        the claim is based.''.
            (2) Agency or instrumentality.--Section 1610(b)(2) of such 
        title is amended--
                    (A) by striking ``or (5)'' and inserting ``(5), or 
                (7)''; and
                    (B) by striking ``used for the activity'' and 
                inserting ``involved in the act''.
    (c) Applicability.--The amendments made by this title shall apply 
to any cause of action arising before, on, or after the date of the 
enactment of this Act.

SEC. 804. COMPILATION OF STATISTICS RELATING TO INTIMIDATION OF 
              GOVERNMENT EMPLOYEES.

    (a) Findings.--Congress finds that--
            (1) threats of violence and acts of violence are mounting 
        against Federal, State, and local government employees and 
        their families in attempts to stop public servants from 
        performing their lawful duties;
            (2) these acts are a danger to our constitutional form of 
        government; and
            (3) more information is needed as to the extent of the 
        danger and its nature so that steps can be taken to protect 
        public servants at all levels of government in the performance 
        of their duties.
    (b) Statistics.--The Attorney General shall acquire data, for the 
calendar year 1990 and each succeeding calendar year about crimes and 
incidents of threats of violence and acts of violence against Federal, 
State, and local government employees in performance of their lawful 
duties. Such data shall include--
            (1) in the case of crimes against such employees, the 
        nature of the crime; and
            (2) in the case of incidents of threats of violence and 
        acts of violence, including verbal and implicit threats against 
        such employees, whether or not criminally punishable, which 
        deter the employees from the performance of their jobs.
    (c) Guidelines.--The Attorney General shall establish guidelines 
for the collection of such data, including what constitutes sufficient 
evidence of noncriminal incidents required to be reported.
    (d) Annual Publishing.--The Attorney General shall publish an 
annual summary of the data acquired under this section. Otherwise such 
data shall be used only for research and statistical purposes.
    (e) Exemption.--The United States Secret Service is not required to 
participate in any statistical reporting activity under this section 
with respect to any direct or indirect threats made against any 
individual for whom the United States Secret Service is authorized to 
provide protection.

SEC. 805. VICTIM RESTITUTION ACT.

    (a) Order of Restitution.--Section 3663 of title 18, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``may order, in addition to 
                        or, in the case of a misdemeanor, in lieu of 
                        any other penalty authorized by law'' and 
                        inserting ``shall order''; and
                            (ii) by adding at the end the following: 
                        ``The requirement of this paragraph does not 
                        affect the power of the court to impose any 
                        other penalty authorized by law. In the case of 
                        a misdemeanor, the court may impose restitution 
                        in lieu of any other penalty authorized by 
                        law.'';
                    (B) by adding at the end the following:
    ``(4) In addition to ordering restitution to the victim of the 
offense of which a defendant is convicted, a court may order 
restitution to any person who, as shown by a preponderance of evidence, 
was harmed physically, emotionally, or pecuniarily, by unlawful conduct 
of the defendant during--
            ``(A) the criminal episode during which the offense 
        occurred; or
            ``(B) the course of a scheme, conspiracy, or pattern of 
        unlawful activity related to the offense.'';
            (2) in subsection (b)(1)(B) by striking ``impractical'' and 
        inserting ``impracticable'';
            (3) in subsection (b)(2) by inserting ``emotional or'' 
        after ``resulting in'';
            (4) in subsection (b)--
                    (A) by striking ``and'' at the end of paragraph 
                (4);
                    (B) by redesignating paragraph (5) as paragraph 
                (6); and
                    (C) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) in any case, reimburse the victim for lost income and 
        necessary child care, transportation, and other expenses 
        related to participation in the investigation or prosecution of 
        the offense or attendance at proceedings related to the 
        offense; and'';
            (5) in subsection (c) by striking ``If the court decides to 
        order restitution under this section, the'' and inserting 
        ``The'';
            (6) by striking subsections (d), (e), (f), (g), and (h);
            (7) by redesignating subsection (i) as subsection (m); and
            (8) by inserting after subsection (c) the following:
    ``(d)(1) The court shall order restitution to a victim in the full 
amount of the victim's losses as determined by the court and without 
consideration of--
            ``(A) the economic circumstances of the offender; or
            ``(B) the fact that a victim has received or is entitled to 
        receive compensation with respect to a loss from insurance or 
        any other source.
    ``(2) Upon determination of the amount of restitution owed to each 
victim, the court shall specify in the restitution order the manner in 
which and the schedule according to which the restitution is to be 
paid, in consideration of--
            ``(A) the financial resources and other assets of the 
        offender;
            ``(B) projected earnings and other income of the offender; 
        and
            ``(C) any financial obligations of the offender, including 
        obligations to dependents.
    ``(3) A restitution order may direct the offender to make a single, 
lump-sum payment, partial payment at specified intervals, or such in-
kind payments as may be agreeable to the victim and the offender. A 
restitution order shall direct the offender to give appropriate notice 
to victims and other persons in cases where there are multiple victims 
or other persons who may receive restitution, and where the identity of 
such victims and other persons can be reasonably determined.
    ``(4) An in-kind payment described in paragraph (3) may be in the 
form of--
            ``(A) return of property;
            ``(B) replacement of property; or
            ``(C) services rendered to the victim or to a person or 
        organization other than the victim.
    ``(e) When the court finds that more than 1 offender has 
contributed to the loss of a victim, the court may make each offender 
liable for payment of the full amount of restitution or may apportion 
liability among the offenders to reflect the level of contribution and 
economic circumstances of each offender.
    ``(f) When the court finds that more than 1 victim has sustained a 
loss requiring restitution by an offender, the court shall order full 
restitution to each victim but may provide for different payment 
schedules to reflect the economic circumstances of each victim.
    ``(g)(1) If the victim has received or is entitled to receive 
compensation with respect to a loss from insurance or any other source, 
the court shall order that restitution be paid to the person who 
provided or is obligated to provide the compensation, but the 
restitution order shall provide that all restitution to victims 
required by the order be paid to the victims before any restitution is 
paid to such a provider of compensation.
    ``(2) The issuance of a restitution order shall not affect the 
entitlement of a victim to receive compensation with respect to a loss 
from insurance or any other source until the payments actually received 
by the victim under the restitution order fully compensate the victim 
for the loss, at which time a person that has provided compensation to 
the victim shall be entitled to receive any payments remaining to be 
paid under the restitution order.
    ``(3) Any amount paid to a victim under an order of restitution 
shall be set off against any amount later recovered as compensatory 
damages by the victim in--
            ``(A) any Federal civil proceeding; and
            ``(B) any State civil proceeding, to the extent provided by 
        the law of the State.
    ``(h) A restitution order shall provide that--
            ``(1) all fines, penalties, costs, restitution payments and 
        other forms of transfers of money or property made pursuant to 
        the sentence of the court shall be made by the offender to an 
        entity designated by the Director of the Administrative Office 
        of the United States Courts for accounting and payment by the 
        entity in accordance with this subsection;
            ``(2) the entity designated by the Director of the 
        Administrative Office of the United States Courts shall--
                    ``(A) log all transfers in a manner that tracks the 
                offender's obligations and the current status in 
                meeting those obligations, unless, after efforts have 
                been made to enforce the restitution order and it 
                appears that compliance cannot be obtained, the court 
                determines that continued recordkeeping under this 
                subparagraph would not be useful; and
                    ``(B) notify the court and the interested parties 
                when an offender is 30 days in arrears in meeting those 
                obligations; and
            ``(3) the offender shall advise the entity designated by 
        the Director of the Administrative Office of the United States 
        Courts of any change in the offender's address during the term 
        of the restitution order.
    ``(i) A restitution order shall constitute a lien against all 
property of the offender and may be recorded in any Federal or State 
office for the recording of liens against real or personal property.
    ``(j) Compliance with the schedule of payment and other terms of a 
restitution order shall be a condition of any probation, parole, or 
other form of release of an offender. If a defendant fails to comply 
with a restitution order, the court may revoke probation or a term of 
supervised release, modify the term or conditions of probation or a 
term of supervised release, hold the defendant in contempt of court, 
enter a restraining order or injunction, order the sale of property of 
the defendant, accept a performance bond, or take any other action 
necessary to obtain compliance with the restitution order. In 
determining what action to take, the court shall consider the 
defendant's employment status, earning ability, financial resources, 
the willfulness in failing to comply with the restitution order, and 
any other circumstances that may have a bearing on the defendant's 
ability to comply with the restitution order.
    ``(k) An order of restitution may be enforced--
            ``(1) by the United States--
                    ``(A) in the manner provided for the collection and 
                payment of fines in subchapter B of chapter 229 of this 
                title; or
                    ``(B) in the same manner as a judgment in a civil 
                action; and
            ``(2) by a victim named in the order to receive the 
        restitution, in the same manner as a judgment in a civil 
        action.
    ``(l) A victim or the offender may petition the court at any time 
to modify a restitution order as appropriate in view of a change in the 
economic circumstances of the offender.''.
    (b) Procedure for Issuing Order of Restitution.--Section 3664 of 
title 18, United States Code, is amended--
            (1) by striking subsection (a);
            (2) by redesignating subsections (b), (c), (d), and (e) as 
        subsections (a), (b), (c), and (d);
            (3) by amending subsection (a), as redesignated by 
        paragraph (2), to read as follows:
    ``(a) The court may order the probation service of the court to 
obtain information pertaining to the amount of loss sustained by any 
victim as a result of the offense, the financial resources of the 
defendant, the financial needs and earning ability of the defendant and 
the defendant's dependents, and such other factors as the court deems 
appropriate. The probation service of the court shall include the 
information collected in the report of presentence investigation or in 
a separate report, as the court directs.''; and
            (4) by adding at the end thereof the following new 
        subsection:
    ``(e) The court may refer any issue arising in connection with a 
proposed order of restitution to a magistrate or special master for 
proposed findings of fact and recommendations as to disposition, 
subject to a de novo determination of the issue by the court.''.
                                 <all>