[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 735 Engrossed in Senate (ES)]
104th CONGRESS
1st Session
S. 735
_______________________________________________________________________
AN ACT
To prevent and punish acts of terrorism, and for other purposes.
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 ``Comprehensive Terrorism Prevention
Act of 1995''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--SUBSTANTIVE CRIMINAL LAW ENHANCEMENTS
Sec. 101. Increased penalty for conspiracies involving explosives.
Sec. 102. Acts of terrorism transcending national boundaries.
Sec. 103. Conspiracy to harm people and property overseas.
Sec. 104. Increased penalties for certain terrorism crimes.
Sec. 105. Mandatory penalty for transferring an explosive material
knowing that it will be used to commit a
crime of violence.
Sec. 106. Penalty for possession of stolen explosives.
Sec. 107. Enhanced penalties for use of explosives or arson crimes.
Sec. 108. Increased periods of limitation for National Firearms Act
violations.
TITLE II--COMBATING INTERNATIONAL TERRORISM
Sec. 201. Findings.
Sec. 202. Prohibition on assistance to countries that aid terrorist
states.
Sec. 203. Prohibition on assistance to countries that provide military
equipment to terrorist states.
Sec. 204. Opposition to assistance by international financial
institutions to terrorist states.
Sec. 205. Antiterrorism assistance.
Sec. 206. Jurisdiction for lawsuits against terrorist states.
Sec. 207. Report on support for international terrorists.
Sec. 208. Definition of assistance.
Sec. 209. Waiver authority concerning notice of denial of application
for visas.
Sec. 210. Membership in a terrorist organization as a basis for
exclusion from the United States under the
Immigration and Nationality Act.
TITLE III--ALIEN REMOVAL
Sec. 301. Alien terrorist removal.
Sec. 302. Extradition of aliens.
Sec. 303. Changes to the Immigration and Nationality Act to facilitate
removal of alien terrorists.
Sec. 304. Access to certain confidential immigration and naturalization
files through court order.
TITLE IV--CONTROL OF FUNDRAISING FOR TERRORISM ACTIVITIES
Sec. 401. Prohibition on terrorist fundraising.
Sec. 402. Correction to material support provision.
TITLE V--ASSISTANCE TO FEDERAL LAW ENFORCEMENT AGENCIES
Subtitle A--Antiterrorism Assistance
Sec. 501. Disclosure of certain consumer reports to the Federal Bureau
of Investigation for foreign
counterintelligence investigations.
Sec. 502. Access to records of common carriers, public accommodation
facilities, physical storage facilities,
and vehicle rental facilities in foreign
counterintelligence and counterterrorism
cases.
Sec. 503. Increase in maximum rewards for information concerning
international terrorism.
Subtitle B--Intelligence and Investigation Enhancements
Sec. 511. Study and report on electronic surveillance.
Sec. 512. Authorization for interceptions of communications in certain
terrorism related offenses.
Sec. 513. Requirement to preserve evidence.
Subtitle C--Additional Funding for Law Enforcement
Sec. 521. Federal Bureau of Investigation assistance to combat
terrorism.
Sec. 522. Authorization of additional appropriations for the United
States Customs Service.
Sec. 523. Authorization of additional appropriations for the
Immigration and Naturalization Service.
Sec. 524. Drug Enforcement Administration.
Sec. 525. Department of Justice.
Sec. 526. Authorization of additional appropriations for the Department
of the Treasury.
Sec. 527. Funding source.
Sec. 528. Deterrent against Terrorist Activity Damaging a Federal
Interest Computer.
TITLE VI--CRIMINAL PROCEDURAL IMPROVEMENTS
Subtitle A--Habeas Corpus Reform
Sec. 601. Filing deadlines.
Sec. 602. Appeal.
Sec. 603. Amendment of Federal Rules of Appellate Procedure.
Sec. 604. Section 2254 amendments.
Sec. 605. Section 2255 amendments.
Sec. 606. Limits on second or successive applications.
Sec. 607. Death penalty litigation procedures.
Sec. 608. Technical amendment.
Subtitle B--Criminal Procedural Improvements
Sec. 621. Clarification and extension of criminal jurisdiction over
certain terrorism offenses overseas.
Sec. 622. Expansion of territorial sea.
Sec. 623. Expansion of weapons of mass destruction statute.
Sec. 624. Addition of terrorism offenses to the RICO statute.
Sec. 625. Addition of terrorism offenses to the money laundering
statute.
Sec. 626. Protection of current or former officials, officers, or
employees of the United States.
Sec. 627. Addition of conspiracy to terrorism offenses.
Sec. 628. Clarification of Federal jurisdiction over bomb threats.
TITLE VII--MARKING OF PLASTIC EXPLOSIVES
Sec. 701. Findings and purposes.
Sec. 702. Definitions.
Sec. 703. Requirement of detection agents for plastic explosives.
Sec. 704. Criminal sanctions.
Sec. 705. Exceptions.
Sec. 706. Investigative authority.
Sec. 707. Effective date.
Sec. 708. Study and requirements for tagging of explosive materials,
and study and recommendations for rendering
explosive components inert and imposing
controls on precursors of explosives.
TITLE VIII--NUCLEAR MATERIALS
Sec. 801. Findings and purpose.
Sec. 802. Expansion of scope and jurisdictional bases of nuclear
materials prohibitions.
TITLE IX--MISCELLANEOUS PROVISIONS
Sec. 901. Prohibition on distribution of information relating to
explosive materials for a criminal purpose.
Sec. 902. Designation of Cartney Koch McRaven Child Development Center.
Sec. 903. Foreign air travel safety.
Sec. 904. Proof of citizenship.
Sec. 905. Cooperation of fertilizer research centers.
Sec. 906. Special assessments on convicted persons.
Sec. 907. Prohibition on assistance under Arms Export Control Act for
countries not cooperating fully with United
States antiterrorism efforts.
Sec. 908. Authority to request military assistance with respect to
offenses involving biological and chemical
weapons.
Sec. 909. Revision to existing authority for multipoint wiretaps.
Sec. 910. Authorization of additional appropriations for the United
States Park Police.
Sec. 911. Authorization of additional appropriations for the
Administrative Office of the United States
Courts.
Sec. 912. Authorization of additional appropriations for the United
States Customs Service.
Sec. 913. Severability.
TITLE X--VICTIMS OF TERRORISM ACT
Sec. 1001. Title.
Sec. 1002. Authority to provide assistance and compensation to victims
of terrorism.
Sec. 1003. Funding of compensation and assistance to victims of
terrorism, mass violence, and crime.
Sec. 1004. Crime victims fund amendments.
TITLE I--SUBSTANTIVE CRIMINAL LAW ENHANCEMENTS
SEC. 101. INCREASED PENALTY FOR CONSPIRACIES INVOLVING EXPLOSIVES.
Section 844 of title 18, United States Code, is amended by adding
at the end the following new subsection:
``(n) Except as otherwise provided in this section, a person who
conspires to commit any offense defined in this chapter shall be
subject to the same penalties (other than the penalty of death) as
those prescribed for the offense the commission of which was the object
of the conspiracy.''.
SEC. 102. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.
(a) Redesignation.--(1) Chapter 113B of title 18, United States
Code (relating to torture) is redesignated as chapter 113C.
(2) The chapter analysis of title 18, United States Code, is
amended by striking ``113B'' the second place it appears and inserting
``113C''.
(b) Offense.--Chapter 113B of title 18, United States Code, is
amended by inserting after section 2332a the following new section:
``Sec. 2332b. Acts of terrorism transcending national boundaries
``(a) Prohibited Acts.--
``(1) Whoever, in a circumstance described in subsection
(b), commits an act within the United States that if committed
within the special maritime and territorial jurisdiction of the
United States would be in violation of section 113(a), (1),
(2), (3), (6), or (7), 114, 1111, 1112, 1201, or 1363 shall be
punished as prescribed in subsection (c).
``(2) Whoever threatens, attempts, or conspires to commit
an offense under paragraph (1) shall be punished under
subsection (c).
``(b) Jurisdictional Bases.--
``(1) This section applies to conduct described in
subsection (a) if--
``(A) the mail, or any facility utilized in
interstate commerce, is used in furtherance of the
commission of the offense;
``(B) the offense obstructs, delays, or affects
interstate or foreign commerce in any way or degree, or
would have obstructed, delayed, or affected interstate
or foreign commerce if the offense had been
consummated;
``(C) the victim or intended victim is the United
States Government or any official, officer, employee,
or agent of the legislative, executive, or judicial
branches, or of any department or agency, of the United
States;
``(D) the structure, conveyance, or other real or
personal property was in whole or in part owned,
possessed, or used by, or leased to the United States,
or any department or agency thereof;
``(E) the offense is committed in the territorial
sea (including the airspace above and the seabed and
subsoil below, and artificial islands and fixed
structures erected thereon) of the United States; or
``(F) the offense is committed in places within the
United States that are in the special maritime and
territorial jurisdiction of the United States.
``(2) Jurisdiction shall exist over all principals,
coconspirators, and accessories after the fact, of an offense
under subsection (a) if at least one of the circumstances
described in paragraph (1) is applicable to at least one
offender.
``(c) Penalties.--
``(1) Whoever violates this section shall, in addition to
the punishment provided for any other crime charged in the
indictment, be punished--
``(A) if death results to any person, by death, or
by imprisonment for any term of years or for life;
``(B) for kidnapping, by imprisonment for any term
of years or for life;
``(C) for maiming, by imprisonment for not more
than 35 years;
``(D) for assault with intent to commit murder or
any other felony or with a dangerous weapon or assault
resulting in serious bodily injury, by imprisonment for
not more than 30 years;
``(E) for destroying or damaging any structure,
conveyance, or other real or personal property, by
imprisonment for not more than 25 years;
``(F) for attempting or conspiring to commit the
offense, for any term of years up to the maximum
punishment that would have applied had the offense been
completed; and
``(G) for threatening to commit the offense, by
imprisonment for not more than 10 years.
``(2) Notwithstanding any other provision of law, the court
shall not place on probation any person convicted of a
violation of this section.
``(d) Limitation on Prosecution.--No indictment for any offense
described in this section shall be sought by the United States except
after the Attorney General, or the highest ranking subordinate of the
Attorney General with responsibility for criminal prosecutions, has
made a written certification that, in the judgment of the certifying
official--
``(1) such offense, or any activity preparatory to its
commission, transcended national boundaries; and
``(2) the offense appears to have been intended to coerce,
intimidate, or retaliate against a government or a civilian
population, including any segment thereof.
``(e) Investigative Responsibility.--Violations of this section
shall be investigated by the Federal Bureau of Investigation. Nothing
in this section shall be construed to interfere with the authority of
the United States Secret Service under section 3056, or with its
investigative authority with respect to sections 871 and 879.
``(f) Evidence.--In a prosecution under this section, the United
States shall not be required to prove knowledge by any defendant of a
jurisdictional base alleged in the indictment.
``(g) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over--
``(1) any offense under subsection (a); and
``(2) conduct that, under section 3, renders any person an
accessory after the fact to an offense under subsection (a).
``(h) Definitions.--As used in this section--
``(1) the term `commerce' has the meaning given such term
in section 1951(b)(3);
``(2) the term `facility utilized in interstate commerce'
includes means of transportation, communication, and
transmission;
``(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 `serious bodily injury' has the meaning
given such term in section 1365(g)(3); and
``(5) 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.''.
(c) Technical Amendment.--The chapter analysis for Chapter 113B of
title 18, United States Code, is amended by inserting after the item
relating to section 2332a, the following new item:
``2332b. Acts of terrorism transcending national boundaries.''.
(d) Statute of Limitations Amendment.--Section 3286 of title 18,
United States Code, is amended--
(1) by striking ``any offense'' and inserting ``any
noncapital offense'';
(2) by striking ``36'' and inserting ``37'';
(3) by striking ``2331'' and inserting ``2332'';
(4) by striking ``2339'' and inserting ``2332a''; and
(5) by inserting ``2332b (acts of terrorism transcending
national boundaries),'' after ``(use of weapons of mass
destruction),''.
(e) Presumptive Detention.--Section 3142(e) of title 18, United
States Code, is amended by inserting ``or section 2332b'' after
``section 924(c)''.
(f) Expansion of Provision Relating to Destruction or Injury of
Property Within Special Maritime and Territorial Jurisdiction.--Section
1363 of title 18, United States Code, is amended by striking ``any
building, structure or vessel, any machinery or building materials and
supplies, military or naval stores, munitions of war or any structural
aids or appliances for navigation or shipping'' and inserting ``any
structure, conveyance, or other real or personal property''.
SEC. 103. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS.
(a) In General.--Section 956 of title 18, United States Code, is
amended to read as follows:
``Sec. 956. Conspiracy to kill, kidnap, maim, or injure certain
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 is 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 he or any such
other person commits an act within the jurisdiction of the United
States to effect any object of the conspiracy, be punished as provided
in paragraph (2).
``(2) The punishment for an offense under paragraph (1) 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 is located, to injure 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 he
or any such other person 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 chapter analysis for chapter 45 of
title 18, United States Code, is amended by striking the item relating
to section 956 and inserting the following:
``956. Conspiracy to kill, kidnap, maim, or injure certain property in
a foreign country.''.
SEC. 104. INCREASED PENALTIES FOR CERTAIN TERRORISM CRIMES.
(a) In General.--Title 18, United States Code, is amended--
(1) in section 114, by striking ``maim or disfigure'' and
inserting ``torture (as defined in section 2340), maim, or
disfigure'';
(2) in section 755, by striking ``two years'' and inserting
``five years'';
(3) in section 756, by striking ``one year'' and inserting
``five years'';
(4) in section 878(a), by striking ``by killing,
kidnapping, or assaulting a foreign official, official guest,
or internationally protected person'';
(5) in section 1113, by striking ``three years or fined''
and inserting ``seven years''; and
(6) in section 2332(c), by striking ``five'' and inserting
``ten''.
(b) Penalty for Carrying Weapons or Explosives on an Aircraft.--
Section 46505 of title 49, United States Code, is amended--
(1) in subsection (b), by striking ``one'' and inserting
``10''; and
(2) in subsection (c), by striking ``5'' and inserting
``15''.
SEC. 105. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE MATERIAL
KNOWING THAT IT WILL BE USED TO COMMIT A CRIME OF
VIOLENCE.
Section 844 of title 18, United States Code, is amended by adding
at the end the following new subsection:
``(n) Whoever knowingly transfers an explosive material, knowing or
having reasonable cause to believe that such explosive material will be
used to commit a crime of violence (as defined in section 924(c)(3)) or
drug trafficking crime (as defined in section 924(c)(2)) shall be
imprisoned for not less than 10 years, fined under this title, or
both.''.
SEC. 106. PENALTY FOR POSSESSION OF STOLEN EXPLOSIVES.
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, pledge, or
accept as security for a loan, any stolen explosive material that is
moving in, part of, constitutes, or has been shipped or transported in,
interstate or foreign commerce, either before or after such material
was stolen, knowing or having reasonable cause to believe that the
explosive material was stolen.''.
SEC. 107. ENHANCED PENALTIES FOR USE OF EXPLOSIVES OR ARSON CRIMES.
Section 844 of title 18, United States Code, is amended--
(1) in subsection (e), by striking ``five'' and inserting
``10'';
(2) by amending subsection (f) to read as follows:
``(f)(1) Whoever maliciously damages or destroys, or attempts to
damage or destroy, by means of fire or an explosive, any building,
vehicle, or other personal or real property in whole or in part owned
or possessed by, or leased to, the United States, or any department or
agency thereof, shall be imprisoned for not less than 5 years and not
more than 20 years. The court may order a fine of not more than the
greater of $100,000 or the cost of repairing or replacing any property
that is damaged or destroyed.
``(2) Whoever engages in conduct prohibited by this subsection, and
as a result of such conduct directly or proximately causes personal
injury to any person, including any public safety officer performing
duties, shall be imprisoned not less than 7 years and not more than 40
years. The court may order a fine of not more than the greater of
$200,000 or the cost of repairing or replacing any property that is
damaged or destroyed.
``(3) Whoever engages in conduct prohibited by this subsection, and
as a result of such conduct directly or proximately causes the death of
any person, including any public safety officer performing duties,
shall be imprisoned for a term of years or for life, or sentenced to
death. The court may order a fine of not more than the greater of
$200,000 or the cost of repairing or replacing any property that is
damaged or destroyed.''.
(4) in subsection (h)--
(A) in the first sentence by striking ``5 years but
not more than 15 years'' and inserting ``10 years'';
and
(B) in the second sentence by striking ``10 years
but not more than 25 years'' and inserting ``20
years''; and
(5) in subsection (i)--
(A) by striking ``not more than 20 years, fined the
greater of a fine under this title or the cost of
repairing or replacing any property that is damaged or
destroyed,'' and inserting ``not less than 5 years and
not more than 20 years, fined the greater of $100,000
or the cost of repairing or replacing any property that
is damaged or destroyed'';
(B) by striking ``not more than 40 years, fined the
greater of a fine under this title or the cost of
repairing or replacing any property that is damaged or
destroyed,'' and inserting ``not less than 7 years and
not more than 40 years, fined the greater of $200,000
or the cost of repairing or replacing any property that
is damaged or destroyed''; and
(C) by striking ``7 years'' and inserting ``10
years''.
SEC. 108. INCREASED PERIODS OF LIMITATION FOR NATIONAL FIREARMS ACT
VIOLATIONS.
Section 6531 of the Internal Revenue Code of 1986 is amended--
(1) by redesignating paragraphs (1) through (8) as
subparagraphs (A) through (H), respectively; and
(2) by amending the matter immediately preceding
subparagraph (A), as redesignated, to read as follows: ``No
person shall be prosecuted, tried, or punished for any criminal
offense under the internal revenue laws unless the indictment
is found or the information instituted not later than 3 years
after the commission of the offense, except that the period of
limitation shall be--
``(1) 5 years for offenses described in section 5861
(relating to firearms and other devices); and
``(2) 6 years--.''.
TITLE II--COMBATING INTERNATIONAL TERRORISM
SEC. 201. FINDINGS.
The Congress finds that--
(1) international terrorism is among the most serious
transnational threats faced by the United States and its
allies, far eclipsing the dangers posed by population growth or
pollution;
(2) the President should continue to make efforts to
counter international terrorism a national security priority;
(3) because the United Nations has been an inadequate forum
for the discussion of cooperative, multilateral responses to
the threat of international terrorism, the President should
undertake immediate efforts to develop effective multilateral
responses to international terrorism as a complement to
national counterterrorist efforts;
(4) the President should use all necessary means, including
covert action and military force, to disrupt, dismantle, and
destroy international infrastructure used by international
terrorists, including overseas terrorist training facilities
and safe havens;
(5) the Congress deplores decisions to ease, evade, or end
international sanctions on state sponsors of terrorism,
including the recent decision by the United Nations Sanctions
Committee to allow airline flights to and from Libya despite
Libya's noncompliance with United Nations resolutions; and
(6) the President should continue to undertake efforts to
increase the international isolation of state sponsors of
international terrorism, including efforts to strengthen
international sanctions, and should oppose any future
initiatives to ease sanctions on Libya or other state sponsors
of terrorism.
SEC. 202. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST
STATES.
The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) is
amended by adding immediately after section 620F the following new
section:
``SEC. 620G. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST
STATES.
``(a) Prohibition.--No assistance under this Act shall be provided
to the government of any country that provides assistance to the
government of any other country for which the Secretary of State has
made a determination under section 620A''.
``(b) Waiver.--Assistance prohibited by this section may be
furnished to a foreign government described in subsection (a) if the
President determines that furnishing such assistance is important to
the national interests of the United States and, not later than 15 days
before obligating such assistance, furnishes a report to the
appropriate committees of Congress including--
``(1) a statement of the determination;
``(2) a detailed explanation of the assistance to be
provided;
``(3) the estimated dollar amount of the assistance; and
``(4) an explanation of how the assistance furthers United
States national interests.''.
SEC. 203. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY
EQUIPMENT TO TERRORIST STATES.
The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) is
amended by adding immediately after section 620G the following new
section:
``SEC. 620H. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE
MILITARY EQUIPMENT TO TERRORIST STATES.
``(a) Prohibition.--
``(1) In general.--No assistance under this Act shall be
provided to the government of any country that provides lethal
military equipment to a country the government of which the
Secretary of State has determined is a terrorist government for
the purposes of 6(j) of the Export Administration Act of 1979
(50 U.S.C. App. 2405(j)), or 620A of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371).
``(2) Applicability.--The prohibition under this section
with respect to a foreign government shall terminate 1 year
after that government ceases to provide lethal military
equipment. This section applies with respect to lethal military
equipment provided under a contract entered into after the date
of enactment of this Act.
``(b) Waiver.--Notwithstanding any other provision of law,
assistance may be furnished to a foreign government described in
subsection (a) if the President determines that furnishing such
assistance is important to the national interests of the United States
and, not later than 15 days before obligating such assistance,
furnishes a report to the appropriate committees of Congress
including--
``(1) a statement of the determination;
``(2) a detailed explanation of the assistance to be
provided;
``(3) the estimated dollar amount of the assistance; and
``(4) an explanation of how the assistance furthers United
States national interests.''.
SEC. 204. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL
INSTITUTIONS TO TERRORIST STATES.
The International Financial Institutions Act (22 U.S.C. 262c et
seq.) is amended by inserting after section 1620 the following new
section:
``SEC. 1621. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL
INSTITUTIONS TO TERRORIST STATES.
``(a) In General.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to vote against any loan or other use of the funds of the
respective institution to or for a country for which the Secretary of
State has made a determination under section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section 620A of
the Foreign Assistance Act of 1961 (22 U.S.C. 2371).
``(b) Definition.--For purposes of this section, the term
`international financial institution' includes--
``(1) the International Bank for Reconstruction and
Development, the International Development Association, and the
International Monetary Fund;
``(2) wherever applicable, the Inter-American Bank, the
Asian Development Bank, the European Bank for Reconstruction
and Development, the African Development Bank, and the African
Development Fund; and
``(3) any similar institution established after the date of
enactment of this section.''.
SEC. 205. ANTITERRORISM ASSISTANCE.
(a) Foreign Assistance Act.--Section 573 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2349aa-2) is amended--
(1) in subsection (c), by striking ``development and
implementation of the antiterrorism assistance program under
this chapter, including'';
(2) by amending subsection (d) to read as follows:
``(d)(1) Arms and ammunition may be provided under this chapter
only if they are directly related to antiterrorism assistance.
``(2) The value (in terms of original acquisition cost) of all
equipment and commodities provided under this chapter in any fiscal
year shall not exceed 30 percent of the funds made available to carry
out this chapter for that fiscal year.''; and
(3) by striking subsection (f).
(b) Assistance to Foreign Countries To Procure Explosives Detection
Devices and Other Counterterrorism Technology.--(1) Subject to section
575(b), up to $3,000,000 in any fiscal year may be made available--
(A) to procure explosives detection devices and other
counterterrorism technology; and
(B) for joint counterterrorism research and development
projects on such technology conducted with NATO and major non-
NATO allies under the auspices of the Technical Support Working
Group of the Department of State.
(2) As used in this subsection, the term ``major non-NATO allies''
means those countries designated as major non-NATO allies for purposes
of section 2350a(i)(3) of title 10, United States Code.
(c) Assistance to Foreign Countries.--Notwithstanding any other
provision of law (except section 620A of the Foreign Assistance Act of
1961) up to $1,000,000 in assistance may be provided to a foreign
country for counterterrorism efforts in any fiscal year if--
(1) such assistance is provided for the purpose of
protecting the property of the United States Government or the
life and property of any United States citizen, or furthering
the apprehension of any individual involved in any act of
terrorism against such property or persons; and
(2) the appropriate committees of Congress are notified not
later than 15 days prior to the provision of such assistance.
SEC. 206. 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 the period at the end of paragraph
(6) and inserting ``; or'' and
(B) 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 government 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, United States Code) for a person
carrying out such an act, by a foreign state or by any
official, employee, or agent of such foreign state while acting
within the scope of his or her office, employment, or agency,
except that--
``(A) the claimant must first afford the foreign
state a reasonable opportunity to arbitrate the claim
in accordance with accepted international rules of
arbitration; and
``(B) an action under this paragraph shall not be
maintained unless the act upon which the claim is
based--
``(i) occurred while the individual
bringing the claim was a national of the United
States (as that term is defined in section
101(a)(2) of the Immigration and Nationality
Act); and
``(ii) occurred while the foreign state was
designated as a state sponsor of terrorism
under section 6(j) of the Export Administration
Act of 1979 (50 App. U.S.C. 2405(j)) or section
620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371).''; and
(2) by adding at the end the following new subsection:
``(e) For purposes of paragraph (7)--
``(1) the terms `torture' and `extrajudicial killing' have
the meaning given those terms in section 3 of the Torture
Victim Protection Act of 1991 (28 U.S.C. 350 note);
``(2) the term `hostage taking' has the meaning given such
term in Article 1 of the International Convention Against the
Taking of Hostages; and
``(3) the term `aircraft sabotage' has the meaning given
such 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. 207. REPORT ON SUPPORT FOR INTERNATIONAL TERRORISTS.
Not later than 60 days after the date of enactment of this Act, and
annually thereafter in the report required by section 140 of the
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22
U.S.C. 2656f), the Secretary of State shall submit a report to the
Speaker of the House of Representatives and the Committee on Foreign
Relations of the Senate that includes--
(1) a detailed assessment of international terrorist groups
including their--
(A) size, leadership, and sources of financial and
logistical support;
(B) goals, doctrine, and strategy;
(C) nature, scope, and location of human and
technical infrastructure;
(D) level of education and training;
(E) bases of operation and recruitment;
(F) operational capabilities; and
(G) linkages with state and non-state actors such
as ethnic groups, religious communities, or criminal
organizations;
(2) a detailed assessment of any country that provided
support of any type for international terrorism, terrorist
groups, or individual terrorists, including countries that
knowingly allowed terrorist groups or individuals to transit or
reside in their territory, regardless of whether terrorist acts
were committed on their territory by such individuals;
(3) a detailed assessment of individual country efforts to
take effective action against countries named in section 6(j)
of the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)), including the status of compliance with international
sanctions and the status of bilateral economic relations; and
(4) United States Government efforts to implement this
title.
SEC. 208. DEFINITION OF ASSISTANCE.
For purposes of this title--
(1) the term ``assistance'' means assistance to or for the
benefit of a government of any country that is provided by
grant, concessional sale, guaranty, insurance, or by any other
means on terms more favorable than generally available in the
applicable market, whether in the form of a loan, lease,
credit, debt relief, or otherwise, including subsidies for
exports to such country and favorable tariff treatment of
articles that are the growth, product, or manufacture of such
country; and
(2) the term ``assistance'' does not include assistance of
the type authorized under chapter 9 of part 1 of the Foreign
Assistance Act of 1961 (relating to international disaster
assistance).
SEC. 209. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF APPLICATION
FOR VISAS.
Section 212(b) of the Immigration and Nationality Act (8 U.S.C.
1182(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by striking ``If'' and inserting ``(1) Subject to
paragraph (2), if''; and
(3) by inserting at the end the following paragraph:
``(2) With respect to applications for visas, the Secretary
of State may waive the application of paragraph (1) in the case
of a particular alien or any class or classes of excludable
aliens, except in cases of intent to immigrate.''.
SEC. 210. MEMBERSHIP IN A TERRORIST ORGANIZATION AS A BASIS FOR
EXCLUSION FROM THE UNITED STATES UNDER THE IMMIGRATION
AND NATIONALITY ACT.
Section 212(a)(3)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)) is amended--
(1) in clause (i)--
(A) by striking ``or'' at the end of subclause (I);
(B) by inserting ``or'' at the end of subclause
(II); and
(C) by inserting after subclause (II) the following
new subclause:
``(III) is a member of a terrorist
organization or who actively supports
or advocates terrorist activity,''; and
(2) by adding at the end the following new clause:
``(iv) Terrorist organization defined.--As
used in this subparagraph, the term `terrorist
organization' means an organization that
engages in, or has engaged in, terrorist
activity as designated by the Secretary of
State, after consultation with the Secretary of
the Treasury.''.
TITLE III--ALIEN REMOVAL
SEC. 301. ALIEN TERRORIST REMOVAL.
(a) Table of Contents.--The Immigration and Nationality Act is
amended by adding at the end of the table of contents the following:
``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES
``501. Definitions.
``502. Applicability.
``503. Removal of alien terrorists.''.
(b) Alien Terrorist Removal.--The Immigration and Nationality Act
is amended by adding at the end the following new title:
``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES
``SEC. 501. DEFINITIONS.
``As used in this title--
``(1) the term `alien terrorist' means any alien described
in section 241(a)(4)(B);
``(2) the term `classified information' has the same
meaning as defined in section 1(a) of the Classified
Information Procedures Act (18 U.S.C. App. IV);
``(3) the term `national security' has the same meaning as
defined in section 1(b) of the Classified Information
Procedures Act (18 U.S.C. App. IV);
``(4) the term `special court' means the court described in
section 503(c); and
``(5) the term `special removal hearing' means the hearing
described in section 503(e).
``SEC. 502. APPLICABILITY.
``(a) In General.--The provisions of this title may be followed in
the discretion of the Attorney General whenever the Department of
Justice has classified information that an alien described in section
241(a)(4)(B) is subject to deportation because of such section.
``(b) Procedures.--Whenever an official of the Department of
Justice files, under section 503(a), an application with the court
established under section 503(c) for authorization to seek removal
pursuant to this title, the alien's rights regarding removal and
expulsion shall be governed solely by the provisions of this title,
except as specifically provided.
``SEC. 503. REMOVAL OF ALIEN TERRORISTS.
``(a) Application for Use of Procedures.--This section shall apply
whenever the Attorney General certifies under seal to the special court
that--
``(1) the Attorney General or Deputy Attorney General has
approved of the proceeding under this section;
``(2) an alien terrorist is physically present in the
United States; and
``(3) removal of such alien terrorist by deportation
proceedings described in sections 242, 242A, or 242B would pose
a risk to the national security of the United States because
such proceedings would disclose classified information.
``(b) Custody and Release Pending Hearing.--(1) The Attorney
General may take into custody any alien with respect to whom a
certification has been made under subsection (a), and notwithstanding
any other provision of law, may retain such alien in custody in
accordance with this subsection.
``(2)(A) An alien with respect to whom a certification has been
made under subsection (a) shall be given a release hearing before the
special court designated pursuant to subsection (c).
``(B) The judge shall grant the alien release, subject to such
terms and conditions prescribed by the court (including the posting of
any monetary amount), pending the special removal hearing if--
``(i) the alien is lawfully present in the United States;
``(ii) the alien demonstrates that the alien, if released,
is not likely to flee; and
``(iii) the alien demonstrates that release of the alien
will not endanger national security or the safety of any person
or the community.
``(C) The judge may consider classified information submitted in
camera and ex parte in making a determination whether to release an
alien pending the special hearing.
``(c) Special Court.--(1) The Chief Justice of the United States
shall publicly designate not more than 5 judges from up to 5 United
States judicial districts to hear and decide cases arising under this
section, in a manner consistent with the designation of judges
described in section 103(a) of the Foreign Intelligence Surveillance
Act (50 U.S.C. 1803(a)).
``(2) The Chief Justice may, in the Chief Justice's discretion,
designate the same judges under this section as are designated pursuant
to section 103(a) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1803(a)).
``(d) Invocation of Special Court Procedure.--(1) When the Attorney
General makes the application described in subsection (a), a single
judge of the special court shall consider the application in camera and
ex parte.
``(2) The judge shall invoke the procedures of subsection (e) if
the judge determines that there is probable cause to believe that--
``(A) the alien who is the subject of the application has
been correctly identified and is an alien as described in
section 241(a)(4)(B); and
``(B) a deportation proceeding described in section 242,
242A, or 242B would pose a risk to the national security of the
United States because such proceedings would disclose
classified information.
``(e) Special Removal Hearing.--(1) Except as provided in paragraph
(5), the special removal hearing authorized by a showing of probable
cause described in subsection (d)(2) shall be open to the public.
``(2) The alien shall have a reasonable opportunity 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 such alien. Counsel may be appointed as described in section
3006A of title 18, United States Code.
``(3) The alien shall have a reasonable opportunity to introduce
evidence on his own behalf, and except as provided in paragraph (5),
shall have a reasonable opportunity to cross-examine any witness or
request that the judge issue a subpoena for the presence of a named
witness.
``(4)(A) An alien subject to removal under this section shall have
no right--
``(i) of discovery of information derived from electronic
surveillance authorized under the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 801 et seq.) or otherwise
for national security purposes if disclosure would present a
risk to the national security; or
``(ii) to seek the suppression of evidence that the alien
alleges was unlawfully obtained, except on grounds of
credibility or relevance.
``(B) The Government is authorized to use, in the removal
proceedings, the fruits of electronic surveillance and unconsented
physical searches authorized under the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 801 et seq.) without regard to
subsections 106 (c), (e), (f), (g), and (h) of such Act.
``(C) Section 3504 of title 18, United States Code, shall not apply
to procedures under this section if the Attorney General determines
that public disclosure would pose a risk to the national security of
the United States because it would disclose classified information.
``(5) The judge shall authorize the introduction in camera and ex
parte of any evidence for which the Attorney General determines that
public disclosure would pose a risk to the national security of the
United States because it would disclose classified information. With
respect to such evidence, the Attorney General shall submit to the
court an unclassified summary of the specific evidence prepared in
accordance with paragraph (6).
``(6)(A) The information submitted under paragraph (5)(B) shall
contain an unclassified summary of the classified information that does
not pose a risk to national security.
``(B) The judge shall approve the summary within 15 days of
submission if the judge finds that it is sufficient to inform the alien
of the nature of the evidence that such person is an alien as described
in section 241(a), and to provide the alien with substantially the same
ability to make his defense as would disclosure of the classified
information.
``(C) The Attorney General shall cause to be delivered to the alien
a copy of the unclassified summary approved under subparagraph (B).
``(D) If the written unclassified summary is not approved by the
court pursuant to subparagraph (B), the Department of Justice shall be
afforded 15 days to correct the deficiencies identified by the court
and submit a revised unclassified summary.
``(E) If the revised unclassified summary is not approved by the
court within 15 days of its submission pursuant to subparagraph (B),
the special removal hearing shall be terminated unless the court,
within that time, after reviewing the classified information in camera
and ex parte, issues written findings that--
``(i) the alien's continued presence in the United States
would likely cause--
``(I) serious and irreparable harm to the national
security; or
``(II) death or serious bodily injury to any
person; and
``(ii) provision of either the classified information or an
unclassified summary that meets the standard set forth in
subparagraph (B) would likely cause--
``(I) serious and irreparable harm to the national
security; or
``(II) death or serious bodily injury to any
person; and
``(iii) the unclassified summary prepared by the Justice
Department is adequate to allow the alien to prepare a defense.
``(F) If the court issues such findings, the special removal
proceeding shall continue, and the Attorney General shall cause to be
delivered to the alien within 15 days of the issuance of such findings
a copy of the unclassified summary together with a statement that it
meets the standard set forth in subparagraph (E)(iii).
``(G)(i) Within 10 days of filing of the appealable order the
Department of Justice may take an interlocutory appeal to the United
States Court of Appeals for the District of Columbia Circuit of--
``(I) any determination made by the judge concerning the
requirements set forth in subparagraph (B).
``(II) any determination made by the judge concerning the
requirements set forth in subparagraph (E).
``(ii) In an interlocutory appeal taken under this paragraph, the
entire record, including any proposed order of the judge or summary of
evidence, shall be transmitted to the Court of Appeals under seal, and
the matter shall be heard ex parte. The Court of Appeals shall consider
the appeal as expeditiously as possible, but no later than 30 days
after filing of the appeal.
``(f) Determination of Deportation.--The judge shall, considering
the evidence on the record as a whole (in camera and otherwise),
require that the alien be deported if the Attorney General proves, by
clear and convincing evidence, that the alien is subject to deportation
because such alien is an alien as described in section 241(a)(4)(B). If
the judge finds that the Department of Justice has met this burden, the
judge shall order the alien removed and, if the alien was released
pending the special removal proceeding, order the Attorney General to
take the alien into custody.
``(g) Appeals.--(1) The alien may appeal a final determination
under subsection (f) to the United States Court of Appeals for the
District of Columbia Circuit, by filing a notice of appeal with such
court not later than 30 days after the determination is made. An appeal
under this section shall be heard by the Court of Appeals sitting en
banc.
``(2) The Attorney General may appeal a determination under
subsection (d), (e), or (f) to the Court of Appeals for the District of
Columbia Circuit, 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.
``(3) If the Department of Justice does not seek review, the alien
shall be released from custody, unless such alien may be arrested and
taken into custody pursuant to title II as an alien subject to
deportation, in which case such alien shall be treated in accordance
with the provisions of this Act concerning the deportation of aliens.
``(4) If the application for the order is denied because the judge
has not found probable cause to believe that the alien who is the
subject of the application has been correctly identified or is an alien
as described in paragraph 4(B) of section 241(a), and the Department of
Justice seeks review, the alien shall be released from custody unless
such alien may be arrested and taken into custody pursuant to title II
as an alien subject to deportation, in which case such alien shall be
treated in accordance with the provisions of this Act concerning the
deportation of aliens simultaneously with the application of this
title.
``(5)(A) If the application for the order is denied based on a
finding that no probable cause exists to find that adherence to the
provisions of title II regarding the deportation of the identified
alien would pose a risk of irreparable harm to the national security of
the United States, or death or serious bodily injury to any person, the
judge shall release the alien from custody subject to the least
restrictive condition or combination of conditions of release described
in section 3142(b) and (c)(1)(B) (i) through (xiv) of title 18, United
States Code, that will reasonably ensure the appearance of the alien at
any future proceeding pursuant to this title and will not endanger the
safety of any other person or the Community.
``(B) The alien shall remain in custody if the court fails to make
a finding under subparagraph (A), until the completion of any appeal
authorized by this title. Sections 3145 through 3148 of title 18,
United States Code, pertaining to review and appeal of a release or
detention order, penalties for failure to appear, penalties for an
offense committed while on release, and sanctions for violation of a
release condition, shall apply to an alien to whom the previous
sentence applies and--
``(i) for purposes of section 3145 of such title, an appeal
shall be taken to the United States Court of Appeals for the
District of Columbia Circuit; and
``(ii) for purposes of section 3146 of such title the alien
shall be considered released in connection with a charge of an
offense punishable by life imprisonment.
``(6) When requested by the Attorney General, the entire record of
the proceeding under this section shall be transmitted to the court of
appeals or the Supreme Court under seal. The court of appeals or
Supreme Court may consider such appeal in camera.''.
SEC. 302. EXTRADITION OF ALIENS.
(a) Scope.--Section 3181 of title 18, United States Code, is
amended--
(1) by inserting ``(a)'' before ``The provisions of this
chapter''; and
(2) by adding at the end the following new subsections:
``(b) The provisions of this chapter shall be construed to permit,
in the exercise of comity, the surrender of persons, other than
citizens, nationals, or permanent residents of the United States, who
have committed crimes of violence against nationals of the United
States in foreign countries without regard to the existence of any
treaty of extradition with such foreign government if the Attorney
General certifies, in writing, that--
``(1) evidence has been presented by the foreign government
that indicates that had the offenses been committed in the
United States, they would constitute crimes of violence as
defined under section 16 of this title; and
``(2) the offenses charged are not of a political nature.
``(c) 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) Fugitives.--Section 3184 of title 18, United States Code, is
amended--
(1) in the first sentence by inserting after ``United
States and any foreign government,'' the following: ``or in
cases arising under section 3181(b),'';
(2) in the first sentence by inserting after ``treaty or
convention,'' the following: ``or provided for under section
3181(b),''; and
(3) in the third sentence by inserting after ``treaty or
convention,'' the following: ``or under section 3181(b),''.
SEC. 303. CHANGES TO THE IMMIGRATION AND NATIONALITY ACT TO FACILITATE
REMOVAL OF ALIEN TERRORISTS.
(a) Terrorism Activities.--Section 212(a)(3)(B) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(B)) is amended to read as
follows:
``(B) Terrorism activities.--
``(i) In general.--Any alien who--
``(I) has engaged in a terrorism
activity, or
``(II) a consular officer or the
Attorney General knows, or has reason
to believe, is likely to engage after
entry in any terrorism activity (as
defined in clause (iii)),
is excludable. An alien who is an officer,
official, representative, or spokesman of any
terrorist organization designated as a
terrorist organization by proclamation by the
President after finding such organization to be
detrimental to the interest of the United
States, or any person who directs, counsels,
commands, or induces such organization or its
members to engage in terrorism activity, shall
be considered, for purposes of this Act, to be
engaged in terrorism activity.
``(ii) Terrorism activity defined.--As used
in this Act, the term `terrorism activity'
means any activity that is unlawful under the
laws of the place where it is committed (or
which, if it had been committed in the United
States, would be unlawful under the laws of the
United States or any State), and that involves
any of the following:
``(I) The hijacking or sabotage of
any conveyance (including an aircraft,
vessel, or vehicle).
``(II) The seizing or detaining,
and threatening to kill, injure, or
continue to detain, another individual
to compel a third person (including a
governmental organization) to do or
abstain from doing any act as an
explicit or implicit condition for the
release of the individual seized or
detained.
``(III) A violent attack upon an
internationally protected person (as
defined in section 1116(b)(4) of title
18, United States Code) or upon the
liberty of such a person.
``(IV) An assassination.
``(V) The use of any--
``(aa) biological agent,
chemical agent, or nuclear
weapon or device, or
``(bb) explosive, firearm,
or other weapon (other than for
mere personal monetary gain),
with intent to endanger, directly, or
indirectly, the safety of one or more
individuals or to cause substantial
damage to property.
``(VI) A threat, attempt, or
conspiracy to do any of the foregoing.
``(iii) Engage in terrorism activity
defined.--As used in this Act, the term `engage
in terrorism activity' means to commit, in an
individual capacity or as a member of an
organization, an act of terrorism activity, or
an act that the actor knows affords material
support to any individual, organization, or
government that the actor knows plans to commit
terrorism activity, including any of the
following acts:
``(I) The preparation or planning
of terrorism activity.
``(II) The gathering of information
on potential targets for terrorism
activity.
``(III) The providing of any type
of material support, including a safe
house, transportation, communications,
funds, false documentation or
identification, weapons, explosives, or
training.
``(IV) The soliciting of funds or
other things of value for terrorism
activity or for any terrorist
organization.
``(V) The solicitation of any
individual for membership in a
terrorist organization, terrorist
government, or to engage in a terrorism
activity.
``(iv) Terrorist organization defined.--As
used in this Act, the term `terrorist
organization' means--
``(I) an organization engaged in,
or that has a significant subgroup that
engages in, terrorism activity,
regardless of any legitimate activities
conducted by the organization or its
subgroups; and
``(II) an organization designated
by the Secretary of State under section
2339B of title 18.''.
(b) Deportable Aliens.--Section 241(a)(4)(B) of the Immigration and
Nationality Act (8 U.S.C. 1251(a)(4)(B)) is amended to read as follows:
``(B) Terrorism activities.--Any alien who is engaged, or
at any time after entry engages in, any terrorism activity (as
defined in section 212(a)(3)(B)) is deportable.''.
(c) Burden of Proof.--Section 291 of the Immigration and
Nationality Act (8 U.S.C. 1361) is amended by inserting after ``custody
of the Service.'' the following new sentence: ``The limited production
authorized by this provision shall not extend to the records of any
other agency or department of the Government or to any documents that
do not pertain to the respondent's entry.''.
(d) Apprehension and Deportation of Aliens.--Section 242(b) of the
Immigration and Nationality Act (8 U.S.C. 1252(b)(3)) is amended by
inserting immediately after paragraph (4) the following: ``For purposes
of paragraph (3), in the case of an alien who is not lawfully admitted
for permanent residence and notwithstanding the provisions of any other
law, reasonable opportunity shall not include access to classified
information, whether or not introduced in evidence against the alien,
except that any proceeding conducted under this section which involves
the use of classified evidence shall be conducted in accordance with
the procedures of section 501. Section 3504 of title 18, United States
Code, and 18 U.S.C. 3504 and the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801 et seq.) shall not apply in such cases.''.
(e) Criminal Alien Removal.--
(1) Judicial review.--Section 106 of the Immigration and
Nationality Act (8 U.S.C. 1105a(a)(10)) is amended to read as
follows:
``(10) Any final order of deportation against an alien who
is deportable by reason of having committed a criminal offense
covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any
offense covered by section 241(a)(2)(A)(ii) for which both
predicate offenses are covered by section 241(a)(2)(A)(i),
shall not be subject to review by any court.''.
(2) Final order of deportation defined.--Section 101(a) of
such Act (8 U.S.C. 1101(a)) is amended by adding at the end the
following new paragraph:
``(47)(A) The term `order of deportation' means the order of the
special inquiry officer, or other such administrative officer to whom
the Attorney General has delegated the responsibility for determining
whether an alien is deportable, concluding that the alien is deportable
or ordering deportation.
``(B) The order described under subparagraph (A) shall become final
upon the earlier of--
``(i) a determination by the Board of Immigration Appeals
affirming such order; or
``(ii) the expiration of the period in which the alien is
permitted to seek review of such order by the Board of
Immigration Appeals.''.
(3) Arrest and custody.--Section 242(a)(2) of such Act is
amended--
(A) in subparagraph (A)--
(i) by striking ``(2)(A) The Attorney'' and
inserting ``(2) The Attorney'';
(ii) by striking ``an aggravated felony
upon'' and all that follows through ``of the
same offense)'' and inserting ``any criminal
offense covered in section 241(a)(2) (A)(iii),
(B), (C), or (D), or any offense covered by
section 241(a)(2)(A)(ii) for which both
predicate offenses are covered by section
241(a)(2)(A)(i), upon release of the alien from
incarceration, shall deport the alien as
expeditiously as possible''; and
(iii) by striking ``but subject to
subparagraph (B)''; and
(B) by striking subparagraph (B).
(4) Classes of excludable aliens.--Section 212(c) of such
Act (8 U.S.C. 1182(c)) is amended--
(A) by striking ``The first sentence of this'' and
inserting ``This''; and
(B) by striking ``has been convicted of one or more
aggravated felonies'' and all that follows through the
end and inserting ``is deportable by reason of having
committed any criminal offense covered in section
241(a)(2) (A)(iii), (B), (C), or (D), or any offense
covered by section 241(a)(2)(A)(ii) for which both
predicate offenses are covered by section
241(a)(2)(A)(i).''.
(5) Aggravated felony defined.--Section 101(a)(43) of such
Act is amended--
(A) in subparagraph (F)--
(i) by inserting ``, including forcible
rape,'' after ``offense)''; and
(ii) by striking ``5 years'' and inserting
``1 year''; and
(B) in subparagraph (G) by striking ``5 years'' and
inserting ``1 year''.
(6) Deportation of criminal aliens.--Section 242A(a) of
such Act (8 U.S.C. 1252a) is amended--
(A) in paragraph (1)--
(i) by striking ``aggravated felonies (as
defined in section 101(a)(43) of this title)''
and inserting ``any criminal offense covered in
section 241(a)(2) (A)(iii), (B), (C), or (D),
or any offense covered by section
241(a)(2)(A)(ii) for which both predicate
offenses are covered by section
241(a)(2)(A)(i).''; and
(ii) by striking ``, where warranted,'';
(B) in paragraph (2), by striking ``aggravated
felony'' and all that follows through ``before any
scheduled hearings.'' and inserting ``any criminal
offense covered in section 241(a)(2) (A)(iii), (B),
(C), or (D), or any offense covered by section
241(a)(2)(A)(ii) for which both predicate offenses are
covered by section 241(a)(2)(A)(i).''.
(7) Deadlines for deporting alien.--Section 242(c) of such
Act (8 U.S.C. 1252(c)) is amended--
(A) by striking ``(c) When a final order'' and
inserting ``(c)(1) Subject to paragraph (2), when a
final order''; and
(B) by inserting at the end the following new
paragraph:
``(2) When a final order of deportation under administrative
process is made against any alien who is deportable by reason of having
committed a criminal offense covered in section 241(a)(2) (A)(iii),
(B), (C), or (D) or any offense covered by section 241(a)(2)(A)(ii) for
which both predicate offenses are covered by section 241(a)(2)(A)(i),
the Attorney General shall have 30 days from the date of the order
within which to effect the alien's departure from the United States.
The Attorney General shall have sole and unreviewable discretion to
waive the foregoing provision for aliens who are cooperating with law
enforcement authorities or for purposes of national security.''.
(f) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act and shall apply to cases
pending before, on, or after such date of enactment.
SEC. 304. ACCESS TO CERTAIN CONFIDENTIAL IMMIGRATION AND NATURALIZATION
FILES THROUGH COURT ORDER.
(a) Confidentiality of Information.--Section 245A(c)(5) of the
Immigration and Nationality Act (8 U.S.C. 1255a(c)(5)) is amended--
(1) by inserting ``(i)'' after ``except the Attorney
General''; and
(2) by inserting after ``Title 13'' the following: ``and
(ii) may authorize an application to a Federal court of
competent jurisdiction for, and a judge of such court may
grant, an order authorizing disclosure of information contained
in the application of the alien to be used--
``(I) for identification of the alien when there is
reason to believe that the alien has been killed or
severely incapacitated; or
``(II) for criminal law enforcement purposes
against the alien whose application is to be
disclosed.''.
(b) Applications for Adjustment of Status.--Section 210(b) of the
Immigration and Nationality Act (8 U.S.C. 1160(b)) is amended--
(1) in paragraph (5), by inserting ``, except as allowed by
a court order issued pursuant to paragraph (6) of this
subsection'' after ``consent of the alien''; and
(2) in paragraph (6), by inserting the following sentence
before ``Anyone who uses'': ``Notwithstanding the preceding
sentence, the Attorney General may authorize an application to
a Federal court of competent jurisdiction for, and a judge of
such court may grant an order authorizing, disclosure of
information contained in the application of the alien to be
used for identification of the alien when there is reason to
believe that the alien has been killed or severely
incapacitated, or for criminal law enforcement purposes against
the alien whose application is to be disclosed or to discover
information leading to the location or identity of the
alien.''.
TITLE IV--CONTROL OF FUNDRAISING FOR TERRORISM ACTIVITIES
SEC. 401. PROHIBITION ON TERRORIST FUNDRAISING.
(a) In General.--Chapter 113B of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 2339B. Fundraising for terrorist organizations
``(a) Findings and Purpose.--
``(1) The Congress finds that--
``(A) terrorism is a serious and deadly problem
which threatens the interests of the United States
overseas and within our territory;
``(B) the Nation's security interests are gravely
affected by the terrorist attacks carried out overseas
against United States Government facilities and
officials, and against American citizens present in
foreign countries;
``(C) United States foreign policy and economic
interests are profoundly affected by terrorist acts
overseas directed against foreign governments and their
people;
``(D) international cooperation is required for an
effective response to terrorism, as demonstrated by the
numerous multilateral conventions in force providing
universal prosecutive jurisdiction over persons
involved in a variety of terrorist acts, including
hostage taking, murder of an internationally protected
person, and aircraft piracy and sabotage;
``(E) some foreign terrorist organizations, acting
through affiliated groups or individuals, raise
significant funds within the United States or use the
United States as a conduit for the receipt of funds
raised in other nations; and
``(F) the provision of funds to organizations that
engage in terrorism serves to facilitate their
terrorist endeavors, regardless of whether the funds,
in whole or in part, are intended or claimed to be used
for nonviolent purposes.
``(2) The purpose of this section is to provide the Federal
Government the fullest possible basis, consistent with the
Constitution, to prevent persons within the United States or
subject to the jurisdiction of the United States from providing
funds, directly or indirectly, to foreign organizations,
including subordinate or affiliated persons, that engage in
terrorism activities.
``(b) Designation.--
``(1) The Secretary of State, after consultation with the
Secretary of the Treasury, is authorized to designate under
this section any foreign organization based on finding that--
``(A) the organization engages in terrorism
activity as defined in section 212(a)(3)(B) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)); and
``(B) the organization's terrorism activities
threaten the security of United States citizens,
national security, foreign policy, or the economy of
the United States.
``(2) Not later than 7 days after making a designation
under paragraph (1), the Secretary of State shall prepare and
transmit to Congress a report containing a list of the
designated organizations and a summary of the facts underlying
the designation. The designation shall take effect 30 days
after the receipt of actual notice under subsection (b)(6),
unless otherwise provided by law.
``(3) A designation or redesignation under this subsection
shall be in effect for 1 year following its effective date,
unless revoked under paragraph (4).
``(4)(A) If the Secretary of State, after consultation with
the Secretary of the Treasury, finds that the conditions that
were the basis for any designation issued under this subsection
have changed in such a manner as to warrant revocation of such
designation, or that the national security, foreign relations,
or economic interests of the United States so warrant, the
Secretary of State may revoke such designation in whole or in
part.
``(B) Not later than 7 calendar days after the Secretary of
State finds that an organization no longer engages in, or
supports, terrorism activity, the Secretary of State shall
prepare and transmit to Congress a supplemental report stating
the reasons for the finding.
``(5) Any designation, or revocation of a designation,
issued under this subsection shall be published in the Federal
Register not later than 7 calendar days after the Secretary of
State makes the designation.
``(6) Not later than 7 calendar days after making a
designation under this subsection, the Secretary of State shall
give the organization actual notice of--
``(A) the designation;
``(B) the consequences of the designation for the
organization's ability to raise funds in the United
States; and
``(C) the availability of judicial review.
``(7) Any revocation or lapsing of a designation shall not
affect any action or proceeding based on any conduct committed
prior to the effective date of such revocation or lapsing.
``(8) Classified information may be used in making a
designation under this subsection. Such information shall not
be disclosed to the public or to any party, but may be
disclosed to a court ex parte and in camera.
``(9) No question concerning the validity of the issuance
of a designation issued under this subsection may be raised by
a defendant in a criminal prosecution as a defense in or as an
objection to any trial or hearing if such designation was
issued and published in the Federal Register.
``(c) Judicial Review.--
``(1) Organizations designated by the Secretary of State as
engaging in, or supporting, terrorism activities under this
section may seek review of the designation in the District
Court for the District of Columbia not later than 30 days after
receipt of actual notice under subsection (b)(6).
``(2) In reviewing a designation under this subsection, the
court shall receive relevant oral or documentary evidence,
unless the court finds that the probative value is
substantially outweighed by the danger of unfair prejudice,
confusion of the issues, or considerations of undue delay,
waste of time, or needless presentation of cumulative evidence,
or unless its introduction or consideration is prohibited by a
common law privilege or by the Constitution or laws of the
United States. A party shall be entitled to present its case or
defense by oral or documentary evidence, to submit rebuttal
evidence, and to conduct such cross-examination as may be
required for a full and true disclosure of the facts.
``(3) The judge shall authorize the introduction in camera
and ex parte of any item of evidence containing 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 submit to the court either--
``(A) a statement identifying relevant facts that
the specific evidence would tend to prove; or
``(B) an unclassified summary of the specific
evidence prepared in accordance with paragraph (5).
``(4)(A)(i) The Secretary of State shall have the burden of
demonstrating that there are specific and articulable facts
giving reason to believe that the organization engages in or
supports terrorism activity (as that term is defined in section
212(a)(3)(B)).
``(ii) The organization shall have the burden of proving
that its purpose is to engage in religious, charitable,
literary, educational, or nonterrorism activities and that it
engages in such activities.
``(iii) The Secretary shall have the burden of proving that
the control group of the organization has actual knowledge that
the organization or its resources are being used for terrorism
activities.
``(iv) If any portion of the Secretary's evidence consists
of classified information that cannot be revealed to the
organization for national security reasons, the Secretary must
prove these elements by clear and convincing evidence.
``(B) If the court finds, under the standards stated in
subparagraph (A) that the control group of the organization has
actual knowledge that the organization or its resources are
being used for terrorism activities, the court shall affirm the
designation of the Secretary.
``(C)(i) If the court finds by a preponderance of the
evidence that the organization or its resources have been used
for terrorism activities without the knowledge of the control
group, but that the control group is now aware of these facts,
the court may condition revocation of the designation on the
control group's undertaking or completing all steps within its
power to prevent the organization or its resources from being
used for terrorism activities. Such steps may include--
``(I) maintaining financial records adequate to
document the use of the organization's resources; and
``(II) making records available to the Secretary
for inspection.
``(ii) If a designation is revoked under subsection (B)(4)
and the organization fails to comply with any condition
imposed, the designation may be reinstated by the Secretary of
State upon a showing that the organization failed to comply
with the condition.
``(5)(A) The information submitted under paragraph (3)(B) shall
contain an unclassified summary of the classified information that does
not pose a risk to national security.
``(B) The judge shall approve the unclassified summary if the judge
finds that the summary is sufficient to inform the organization of the
activities described in section 212(a)(3)(B) in which the organization
is alleged to engage, and to permit the organization to defend against
the designation.
``(C) The Attorney General shall cause to be delivered to the
organization a copy of the unclassified summary approved under
subparagraph (B).
``(6) The court shall decide the case on the basis of the evidence
on the record as a whole, in camera or otherwise.
``(d) Prohibited Activities.--It shall be unlawful for any person
within the United States, or any person subject to the jurisdiction of
the United States anywhere, to directly or indirectly, raise, receive,
or collect on behalf of, or furnish, give, transmit, transfer, or
provide funds to or for an organization or person designated by the
Secretary of State under subsection (b), or to attempt to do any of the
foregoing.
``(e) Special Requirements for Financial Institutions.--
``(1) Except as authorized by the Secretary of State, after
consultation with the Secretary of the Treasury, by means of
directives, regulations, or licenses, any financial institution
that becomes aware that it has possession of or control over
any funds in which an organization or person designated under
subsection (b) has an interest, shall--
``(A) retain possession of or maintain control over
such funds; and
``(B) report to the Secretary the existence of such
funds in accordance with the regulations prescribed by
the Secretary.
``(2) Any financial institution that knowingly fails to
report to the Secretary the existence of such funds shall be
subject to a civil penalty of $250 per day for each day that it
fails to report to the Secretary--
``(A) in the case of funds being possessed or
controlled at the time of the designation of the
organization or person, within 10 days after the
designation; and
``(B) in the case of funds whose possession of or
control over arose after the designation of the
organization or person, within 10 days after the
financial institution obtained possession of or control
over the funds.
``(f) Investigations.--Any investigation emanating from a possible
violation of this section shall be conducted by the Attorney General,
except that investigations relating to--
``(1) a financial institution's compliance with the
requirements of subsection (e); and
``(2) civil penalty proceedings authorized pursuant to
subsection (g)(2),
shall be conducted in coordination with the Attorney General by the
office within the Department of the Treasury responsible for civil
penalty proceedings authorized by this section. Any evidence of a
criminal violation of this section arising in the course of an
investigation by the Secretary or any other Federal agency shall be
referred immediately to the Attorney General for further investigation.
The Attorney General shall timely notify the Secretary of any action
taken on referrals from the Secretary, and may refer investigations to
the Secretary for remedial licensing or civil penalty action.
``(g) Penalties.--
``(1) Any person who, with knowledge that the donee is a
designated entity, violates subsection (d) shall be fined under
this title, or imprisoned for up to ten years, or both.
``(2) Any financial institution that knowingly fails to
comply with subsection (e), or by regulations promulgated
thereunder, shall be subject to a civil penalty of $50,000 per
violation, or twice the amount of money of which the financial
institution was required to retain possession or control,
whichever is greater.
``(h) Injunction.--
``(1) Whenever it appears to the Secretary or the Attorney
General that any person is engaged in, or is about to engage
in, any act which constitutes, or would constitute, a violation
of this section, the Attorney General may initiate civil action
in a district court of the United States to enjoin such
violation.
``(2) A proceeding under this subsection is governed by the
Federal Rules of Civil Procedure, except that, if an indictment
has been returned against the respondent, discovery is governed
by the Federal Rules of Criminal Procedure.
``(i) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section.
``(j) Classified Information in Civil Proceedings Brought by the
United States.--
``(1) Discovery of classified information by defendants.--A
court, upon a sufficient showing, may authorize the United
States to delete specified items of classified information from
documents to be introduced into evidence or made available to
the defendant through discovery under the Federal Rules of
Civil Procedure, to substitute an unclassified summary of the
information for such classified documents, or to substitute a
statement admitting relevant facts that the classified
information would tend to prove. The court shall permit the
United States to make a request for such authorization in the
form of a written statement to be inspected by the court alone.
If the court enters an order granting relief following such an
ex parte showing, the entire text of the statement of the
United States shall be sealed and preserved in the records of
the court to be made available to the appellate court in the
event of an appeal. If the court enters an order denying relief
to the United States under this paragraph, the United States
may take an immediate, interlocutory appeal in accordance with
the provisions of paragraph (3). For purposes of such an
appeal, the entire text of the underlying written statement of
the United States, together with any transcripts of arguments
made ex parte to the court in connection therewith, shall be
maintained under seal and delivered to the appellate court.
``(2) Introduction of classified information; precautions
by court.--
``(A) Exhibits.--The United States, to prevent
unnecessary or inadvertent disclosure of classified
information in a civil trial or other proceeding
brought by the United States under this section, may
petition the court ex parte to admit, in lieu of
classified writings, recordings or photographs, one or
more of the following:
``(i) copies of those items from which
classified information has been deleted;
``(ii) stipulations admitting relevant
facts that specific classified information
would tend to prove; or
``(iii) an unclassified summary of the
specific classified information.
The court shall grant such a motion of the United
States if the court finds that the redacted item,
stipulation, or unclassified summary will provide the
defendant with substantially the same ability to make
his defense as would disclosure of the specific
classified information.
``(B) Taking of trial testimony.--During the
examination of a witness in any civil proceeding
brought by the United States under this section, the
United States may object to any question or line of
inquiry that may require the witness to disclose
classified information not previously found to be
admissible. Following such an objection, the court
shall take suitable action to determine whether the
response is admissible and, in doing so, shall take
precautions to guard against the compromise of any
classified information. Such action may include
permitting the United States to provide the court, ex
parte, with a proffer of the witness's response to the
question or line of inquiry, and requiring the
defendant to provide the court with a proffer of the
nature of the information the defendant seeks to
elicit.
``(C) Appeal.--If the court enters an order denying
relief to the United States under this subsection, the
United States may take an immediate interlocutory
appeal in accordance with paragraph (3).
``(3) Interlocutory appeal.--
``(A) An interlocutory appeal by the United States
shall lie to a court of appeals from a decision or
order of a district court--
``(i) authorizing the disclosure of
classified information;
``(ii) imposing sanctions for nondisclosure
of classified information; or
``(iii) refusing a protective order sought
by the United States to prevent the disclosure
of classified information.
``(B) An appeal taken pursuant to this paragraph
either before or during trial shall be expedited by the
court of appeals. Prior to trial, an appeal shall be
taken not later than 10 days after the decision or
order appealed from, and the trial shall not commence
until the appeal is resolved. If an appeal is taken
during trial, the trial court shall adjourn the trial
until the appeal is resolved. The court of appeals--
``(i) shall hear argument on such appeal
not later than 4 days after the adjournment of
the trial;
``(ii) may dispense with written briefs
other than the supporting materials previously
submitted to the trial court;
``(iii) shall render its decision not later
than 4 days after argument on appeal; and
``(iv) may dispense with the issuance of a
written opinion in rendering its decision.
``(C) An interlocutory appeal and decision under
this paragraph shall not affect the right of the
defendant, in a subsequent appeal from a final
judgment, to claim as error, reversal by the trial
court on remand of a ruling appealed from during trial.
``(4) Construction.--Nothing in this subsection shall
prevent the United States from seeking protective orders or
asserting privileges ordinarily available to the United States
to protect against the disclosure of classified information,
including the invocation of the military and State secrets
privilege.
``(k) Definitions.--As used in this section--
``(1) the term `classified information' means any
information or material that has been determined by the United
States Government pursuant to an Executive order, statute, or
regulation, to require protection against unauthorized
disclosure for reasons of national security and any restricted
data, as defined in paragraph (r) of section 11 of the Atomic
Energy Act of 1954 (42 U.S.C. 2014(y));
``(2)(A) the term `control group' means the officers or
agents charged with directing the affairs of the organization;
``(B) if a single officer or agent is authorized to conduct
the affairs of the organization, the knowledge of the officer
or agent that the organization or its resources are being used
for terrorism activities shall constitute knowledge of the
control group;
``(C) if a single officer or agent is a member of a group
empowered to conduct the affairs of the organization but cannot
conduct the affairs of the organization on his or her own
authority, that person's knowledge shall not constitute
knowledge by the control group unless that person's knowledge
is shared by a sufficient number of members of the group so
that the group with knowledge has the authority to conduct the
affairs of the organization;
``(3) the term `financial institution' has the meaning
prescribed in section 5312(a)(2) of title 31, United States
Code, including any regulations promulgated thereunder;
``(4) the term `funds' includes coin or currency of the
United States or any other country, traveler's checks, personal
checks, bank checks, money orders, stocks, bonds, debentures,
drafts, letters of credit, any other negotiable instrument, and
any electronic representation of any of the foregoing;
``(5) the term `national security' means the national
defense and foreign relations of the United States;
``(6) the term `person' includes an individual,
partnership, association, group, corporation, or other
organization;
``(7) the term `Secretary' means the Secretary of the
Treasury; and
``(8) the term `United States', when used in a geographical
sense, includes all commonwealths, territories, and possessions
of the United States.''.
(b) Technical Amendment.--The analysis for chapter 113B of title
18, United States Code, is amended by adding at the end the following
new item:
``2339B. Fundraising for terrorist organizations.''.
(c) Classified Information in Civil Proceedings.--Section 2339B(k)
of title 18, United States Code (relating to classified information in
civil proceedings brought by the United States), shall also be
applicable to civil proceedings brought by the United States under the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
SEC. 402. CORRECTION TO MATERIAL SUPPORT PROVISION.
Section 2339A of title 18, United States Code, is amended to read
as follows:
``Sec. 2339A. Providing material support to terrorists
``(a) Definition.--In this section, `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) Offense.--A person who, 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, 351, 844(f) or (i), 956,
1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, or 2332a of this
title or section 46502 of title 49, or in preparation for or carrying
out the concealment or an escape from the commission of any such
violation, shall be fined under this title, imprisoned not more than 10
years, or both.''.
TITLE V--ASSISTANCE TO FEDERAL LAW ENFORCEMENT AGENCIES
Subtitle A--Antiterrorism Assistance
SEC. 501. DISCLOSURE OF CERTAIN CONSUMER REPORTS TO THE FEDERAL BUREAU
OF INVESTIGATION FOR FOREIGN COUNTERINTELLIGENCE
INVESTIGATIONS.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended by adding after section 623 the following new section:
``SEC. 624. DISCLOSURES TO THE FEDERAL BUREAU OF INVESTIGATION FOR
FOREIGN COUNTERINTELLIGENCE PURPOSES.
``(a) Identity of Financial Institutions.--(1) Notwithstanding
section 604 or any other provision of this title, a court or magistrate
judge may issue an order ex parte directing a consumer reporting agency
to furnish to the Federal Bureau of Investigation the names and
addresses of all financial institutions (as that term is defined in
section 1101 of the Right to Financial Privacy Act of 1978) at which a
consumer maintains or has maintained an account, to the extent that
information is in the files of the agency. The court or magistrate
judge shall issue the order if the Director of the Federal Bureau of
Investigation, or the Director's designee, certifies in writing to the
court or magistrate judge that--
``(A) such information is necessary for the conduct of an
authorized foreign counterintelligence investigation; and
``(B) there are specific and articulable facts giving
reason to believe that the consumer--
``(i) is a foreign power (as defined in section 101
of the Foreign Intelligence Surveillance Act of 1978)
or a person who is not a United States person (as
defined in such section 101) and is an official of a
foreign power; or
``(ii) is an agent of a foreign power and is
engaging or has engaged in international terrorism (as
that term is defined in section 101(c) of the Foreign
Intelligence Surveillance Act of 1978) or clandestine
intelligence activities that involve or may involve a
violation of criminal statutes of the United States.
``(2) An order issued under this subsection shall not disclose that
it is issued for purposes of a counterintelligence investigation.
``(b) Identifying Information.--(1) Notwithstanding section 604 or
any other provision of this title, a court or magistrate judge shall
issue an order ex parte directing a consumer reporting agency to
furnish identifying information respecting a consumer, limited to name,
address, former addresses, places of employment, or former places of
employment, to the Federal Bureau of Investigation. The court or
magistrate judge shall issue the order if the Director or the
Director's designee, certifies in writing that--
``(A) such information is necessary to the conduct of an
authorized foreign counterintelligence investigation; and
``(B) there is information giving reason to believe that
the consumer has been, or is about to be, in contact with a
foreign power or an agent of a foreign power (as defined in
section 101 of the Foreign Intelligence Surveillance Act of
1978).
``(2) An order issued under this subsection shall not disclose that
it is issued for purposes of a counterintelligence investigation.
``(c) Court Order for Disclosure of Consumer Reports.--(1)
Notwithstanding section 604 or any other provision of this title, if
requested in writing by the Director of the Federal Bureau of
Investigation, or an authorized designee of the Director, a court may
issue an order ex parte directing a consumer reporting agency to
furnish a consumer report to the Federal Bureau of Investigation, upon
a showing in camera that--
``(A) the consumer report is necessary for the conduct of
an authorized foreign counterintelligence investigation; and
``(B) there are specific and articulable facts giving
reason to believe that the consumer whose consumer report is
sought--
``(i) is an agent of a foreign power; and
``(ii) is engaging or has engaged in international
terrorism (as that term is defined in section 101(c) of
the Foreign Intelligence Surveillance Act of 1978) or
clandestine intelligence activities that involve or may
involve a violation of criminal statutes of the United
States.
``(2) An order issued under this subsection shall not disclose that
it is issued for purposes of a counterintelligence investigation.
``(d) Confidentiality.--(1) No consumer reporting agency or
officer, employee, or agent of a consumer reporting agency shall
disclose to any person, other than officers, employees, or agents of a
consumer reporting agency necessary to fulfill the requirement to
disclose information to the Federal Bureau of Investigation under this
section, that the Federal Bureau of Investigation has sought or
obtained the identity of financial institutions or a consumer report
respecting any consumer under subsection (a), (b), or (c).
``(2) No consumer reporting agency or officer, employee, or agent
of a consumer reporting agency shall include in any consumer report any
information that would indicate that the Federal Bureau of
Investigation has sought or obtained such information or a consumer
report.
``(e) Payment of Fees.--The Federal Bureau of Investigation is
authorized, subject to the availability of appropriations, pay to the
consumer reporting agency assembling or providing reports or
information in accordance with procedures established under this
section, a fee for reimbursement for such costs as are reasonably
necessary and which have been directly incurred in searching,
reproducing, or transporting books, papers, records, or other data
required or requested to be produced under this section.
``(f) Limit on Dissemination.--The Federal Bureau of Investigation
may not disseminate information obtained pursuant to this section
outside of the Federal Bureau of Investigation, except--
``(1) to the Department of Justice, as may be necessary for
the approval or conduct of a foreign counterintelligence
investigation; or
``(2) where the information concerns a person subject to
the Uniform Code of Military Justice, to appropriate
investigative authorities within the military department
concerned as may be necessary for the conduct of a joint
foreign counterintelligence investigation.
``(g) Rules of Construction.--Nothing in this section shall be
construed to prohibit information from being furnished by the Federal
Bureau of Investigation pursuant to a subpoena or court order, or in
connection with a judicial or administrative proceeding to enforce the
provisions of this Act. Nothing in this section shall be construed to
authorize or permit the withholding of information from the Congress.
``(h) Reports to Congress.--On an annual basis, the Attorney
General shall fully inform the Permanent Select Committee on
Intelligence and the Committee on Banking and Financial Services of the
House of Representatives, and the Select Committee on Intelligence and
the Committee on Banking, Housing, and Urban Affairs of the Senate
concerning all requests made pursuant to subsections (a), (b), and (c).
``(i) Damages.--Any agency or department of the United States
obtaining or disclosing any consumer reports, records, or information
contained therein in violation of this section is liable to the
consumer to whom such consumer reports, records, or information relate
in an amount equal to the sum of--
``(1) $100, without regard to the volume of consumer
reports, records, or information involved;
``(2) any actual damages sustained by the consumer as a
result of the disclosure;
``(3) if the violation is found to have been willful or
intentional, such punitive damages as a court may allow; and
``(4) in the case of any successful action to enforce
liability under this subsection, the costs of the action,
together with reasonable attorney fees, as determined by the
court.
``(j) Disciplinary Actions for Violations.--If a court determines
that any agency or department of the United States has violated any
provision of this section and the court finds that the circumstances
surrounding the violation raise questions of whether or not an officer
or employee of the agency or department acted willfully or
intentionally with respect to the violation, the agency or department
shall promptly initiate a proceeding to determine whether or not
disciplinary action is warranted against the officer or employee who
was responsible for the violation.
``(k) Good-Faith Exception.--Notwithstanding any other provision of
this title, any consumer reporting agency or agent or employee thereof
making disclosure of consumer reports or identifying information
pursuant to this subsection in good-faith reliance upon a certification
of the Federal Bureau of Investigation pursuant to provisions of this
section shall not be liable to any person for such disclosure under
this title, the constitution of any State, or any law or regulation of
any State or any political subdivision of any State notwithstanding.
``(l) Injunctive Relief.--In addition to any other remedy contained
in this section, injunctive relief shall be available to require
compliance with the procedures of this section. In the event of any
successful action under this subsection, costs together with reasonable
attorney fees, as determined by the court, may be recovered.''.
(b) Clerical Amendment.--The table of sections at the beginning of
the Fair Credit Reporting Act (15 U.S.C. 1681a et seq.) is amended by
adding after the item relating to section 623 the following new item:
``624. Disclosures to the Federal Bureau of Investigation for foreign
counterintelligence purposes.''.
SEC. 502. ACCESS TO RECORDS OF COMMON CARRIERS, PUBLIC ACCOMMODATION
FACILITIES, PHYSICAL STORAGE FACILITIES, AND VEHICLE
RENTAL FACILITIES IN FOREIGN COUNTERINTELLIGENCE AND
COUNTERTERRORISM CASES.
Title 18, United States Code, is amended by inserting after chapter
121 the following new chapter:
``CHAPTER 122--ACCESS TO CERTAIN RECORDS
``Sec. 2720. Access to records of common carriers, public accommodation
facilities, physical storage facilities, and vehicle
rental facilities in counterintelligence and
counterterrorism cases
``(a)(1) A court or magistrate judge may issue an order ex parte
directing any common carrier, public accommodation facility, physical
storage facility, or vehicle rental facility to furnish any records in
its possession to the Federal Bureau of Investigation. The court or
magistrate judge shall issue the order if the Director of the Federal
Bureau of Investigation or the Director's designee (whose rank shall be
no lower than Assistant Special Agent in Charge) certifies in writing
that--
``(A) such records are sought for foreign
counterintelligence purposes; and
``(B) there are specific and articulable facts giving
reason to believe that the person to whom the records pertain
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. 801).
``(2) An order issued under this subsection shall not disclose that
it is issued for purposes of a counterintelligence investigation.
``(b) No common carrier, public accommodation facility, physical
storage facility, or vehicle rental facility, or any officer, employee,
or agent of such common carrier, public accommodation facility,
physical storage facility, or vehicle rental facility, shall disclose
to any person, other than those officers, agents, or employees of the
common carrier, public accommodation facility, physical storage
facility, or vehicle rental facility necessary to fulfill the
requirement to disclose the information to the Federal Bureau of
Investigation under this section.
``(c) As used in this chapter--
``(1) the term `common carrier' means a locomotive, rail
carrier, bus carrying passengers, water common carrier, air
common carrier, or private commercial interstate carrier for
the delivery of packages and other objects;
``(2) the term `public accommodation facility' means any
inn, hotel, motel, or other establishment that provides lodging
to transient guests;
``(3) the term `physical storage facility' means any
business or entity that provides space for the storage of goods
or materials, or services related to the storage of goods or
materials, to the public or any segment thereof; and
``(4) the term `vehicle rental facility' means any person
or entity that provides vehicles for rent, lease, loan, or
other similar use, to the public or any segment thereof.''.
SEC. 503. INCREASE IN MAXIMUM REWARDS FOR INFORMATION CONCERNING
INTERNATIONAL TERRORISM.
(a) Terrorism Abroad.--Section 36 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708) is amended--
(1) in subsection (c), by striking ``$2,000,000'' and
inserting ``$10,000,000''; and
(2) in subsection (g), by striking ``$5,000,000'' and
inserting ``$10,000,000.
(b) Domestic Terrorism.--Title 18, United States Code, is amended--
(1) in section 3072, by striking ``$500,000'' and inserting
``$10,000,000''; and
(2) in section 3075, by striking ``$5,000,000'' and
inserting ``$10,000,000''.
(c) General Reward Authority of the Attorney General.--
(1) In general.--Chapter 203 of title 18, United States
Code, is amended by adding immediately after section 3059A the
following section:
``Sec. 3059B. General reward authority
``(a) Notwithstanding any other provision of law, 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
assists the Department of Justice in performing its functions.
``(b) Not later than 30 days after authorizing a reward under this
section that exceeds $100,000, the Attorney General shall give notice
to the respective chairmen of the Committees on Appropriations and the
Committees on the Judiciary of the Senate and the House of
Representatives.
``(c) A determination made by the Attorney General to authorize an
award under this section and the amount of any reward authorized shall
be final and conclusive, and not subject to judicial review.''.
Subtitle B--Intelligence and Investigation Enhancements
SEC. 511. STUDY AND REPORT ON ELECTRONIC SURVEILLANCE.
(a) Study.--The Attorney General and the Director of the Federal
Bureau of Investigation shall study all applicable laws and guidelines
relating to electronic surveillance and the use of pen registers and
other trap and trace devices.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the Attorney General shall submit a report to the Congress
that includes--
(1) the findings of the study conducted pursuant to
subsection (a);
(2) recommendations for the use of electronic devices in
conducting surveillance of terrorist or other criminal
organizations, and for any modifications in the law necessary
to enable the Federal Government to fulfill its law enforcement
responsibilities within appropriate constitutional parameters;
and
(3) a summary of efforts to use current wiretap authority,
including detailed examples of situations in which expanded
authority would have enabled law enforcement authorities to
fulfill their responsibilities.
SEC. 512. AUTHORIZATION FOR INTERCEPTIONS OF COMMUNICATIONS IN CERTAIN
TERRORISM RELATED OFFENSES.
Section 2516(1) of title 18, United States Code, is amended--
(1) in paragraph (c)--
(A) by inserting before ``or section 1992 (relating
to wrecking trains)'' the following: ``section 2332
(relating to terrorist acts abroad), section 2332a
(relating to weapons of mass destruction, section 2332b
(relating to acts of terrorism transcending national
boundaries), section 2339A (relating to providing
material support to terrorists), section 37 (relating
to violence at international airports),''; and
(B) by inserting after ``section 175 (relating to
biological weapons),'' the following: ``or a felony
violation under section 1028 (relating to production of
false identification documentation), sections 1541,
1542, 1543, 1544, and 1546 (relating to passport and
visa offenses),'';
(2) by striking ``and'' at the end of paragraph (o), as so
redesignated by section 512(a)(2);
(3) by redesignating paragraph (p), as so redesignated by
section 512(a)(2), as paragraph (s); and
(4) by inserting after paragraph (o), as so redesignated by
section 512(a)(2), the following new subparagraphs:
``(p) any violation of section 956 or section 960 of title 18,
United States Code (relating to certain actions against foreign
nations);
``(q) any violation of section 46502 of title 49, United States
Code; and''.
SEC. 513. REQUIREMENT TO PRESERVE EVIDENCE.
Section 2703 of title 18, United States Code, is amended by adding
at the end the following new subsection:
``(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.''.
Subtitle C--Additional Funding for Law Enforcement
SEC. 521. FEDERAL BUREAU OF INVESTIGATION ASSISTANCE TO COMBAT
TERRORISM.
(a) In General.--With funds made available pursuant to subsection
(b), the Attorney General shall--
(1) develop digital telephony technology;
(2) support and enhance the technical support center and
tactical operations;
(3) create a Federal Bureau of Investigation
counterterrorism and counterintelligence fund for costs
associated with terrorism cases;
(4) expand and improve the instructional, operational
support, and construction of the Federal Bureau of
Investigation academy;
(5) construct an FBI laboratory, provide laboratory
examination support, and provide for a Command Center;
(6) make funds available to the chief executive officer of
each State to carry out the activities described in subsection
(d); and
(7) enhance personnel to support counterterrorism
activities.
(b) Authorization of Appropriations.--There are authorized to be
appropriated for the activities of the Federal Bureau of Investigation,
to help meet the increased demands for activities to combat terrorism--
(1) $300,000,000 for fiscal year 1996;
(2) $225,000,000 for fiscal year 1997;
(3) $328,000,000 for fiscal year 1998;
(4) $190,000,000 for fiscal year 1999; and
(5) $183,000,000 for fiscal year 2000.
(c) Availability of Funds.--
(1) In general.--Funds made available pursuant to
subsection (b), in any fiscal year, shall remain available
until expended.
(d) State Grants.--
(1) In general.--Any funds made available for purposes of
subsection (a)(6) may be expended--
(A) by the Director of the Federal Bureau of
Investigation to expand the combined DNA Identification
System (CODIS) to include Federal crimes and crimes
committed in the District of Columbia; and
(B) by the Attorney General, in consultation with
the Director of the Federal Bureau of Investigation to
make funds available to the chief executive officer of
each State to carry out the activities described in
paragraph (2).
(2) Grant program.--
(A) Use of funds.--The executive officer of each
State shall use any funds made available under
paragraph (1)(B) in conjunction with units of local
government, other States, or combinations thereof, to
carry out all or part of a program to establish,
develop, update, or upgrade--
(i) computerized identification systems
that are compatible and integrated with the
databases of the National Crime Information
Center of the Federal Bureau of Investigation;
(ii) ballistics identification programs
that are compatible and integrated with the
Drugfire Program of the Federal Bureau of
Investigation;
(iii) the capability to analyze
deoxyribonucleic acid (DNA) in a forensic
laboratory in ways that are compatible and
integrated with the combined DNA Identification
System (CODIS) of the Federal Bureau of
Investigation; and
(iv) automated fingerprint identification
systems that are compatible and integrated with
the Integrated Automated Fingerprint
Identification System (IAFIS) of the Federal
Bureau of Investigation.
(B) Eligibility.--To be eligible to receive funds
under this paragraph, a State shall require that each
person convicted of a felony of a sexual nature shall
provide to appropriate State law enforcement officials,
as designated by the chief executive officer of the
State, a sample of blood, saliva, or other specimen
necessary to conduct a DNA analysis consistent with the
standards established for DNA testing by the Director
of the Federal Bureau of Investigation.
(C) Interstate compacts.--A State may enter into a
compact or compacts with another State or States to
carry out this subsection.
(D) Allocation.--(i) Of the total amount
appropriated pursuant to this section in a fiscal
year--
(I) $500,000 or 0.25 percent, whichever is
greater, shall be allocated to each of the
participating States; and
(II) of the total funds remaining after the
allocation under subclause (I), there shall be
allocated to each State an amount which bears
the same ratio to the amount of remaining funds
described in this subparagraph as the
population of such State bears to the
population of all States.
(ii) Definition.--For purposes of this
subparagraph, the term ``State'' means any State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands,
except that for purposes of the allocation under this
subparagraph, American Samoa and the Commonwealth of
the Northern Mariana Islands shall be considered as one
State and that for these purposes, 67 percent of the
amounts allocated shall be allocated to American Samoa,
and 33 percent to the Commonwealth of the Northern
Mariana Islands.
SEC. 522. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE UNITED
STATES CUSTOMS SERVICE.
(a) In General.--There are authorized to be appropriated for the
activities of the United States Customs Service, to help meet the
increased needs of the United States Customs Service--
(1) $6,000,000 for fiscal year 1996;
(2) $6,000,000 for fiscal year 1997;
(3) $6,000,000 for fiscal year 1998;
(4) $5,000,000 for fiscal year 1999; and
(5) $5,000,000 for fiscal year 2000.
(b) Availability of Funds.--Funds made available pursuant to
subsection (a), in any fiscal year, shall remain available until
expended.
SEC. 523. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE
IMMIGRATION AND NATURALIZATION SERVICE.
(a) In General.--There are authorized to be appropriated for the
activities of the Immigration and Naturalization Service, to help meet
the increased needs of the Immigration and Naturalization Service
$5,000,000 for each of the fiscal years 1996, 1997, 1998, 1999, and
2000.
(b) Availability of Funds.--Funds made available pursuant to
subsection (a), in any fiscal year, shall remain available until
expended.
SEC. 524. DRUG ENFORCEMENT ADMINISTRATION.
(a) Activities of Drug Enforcement Administration.--With funds made
available pursuant to subsection (b), the Attorney General shall--
(1) fund antiviolence crime initiatives;
(2) fund major violators' initiatives; and
(3) enhance or replace infrastructure.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Drug Enforcement Administration, to help meet the
increased needs of the Drug Enforcement Administration--
(1) $60,000,000 for fiscal year 1996;
(2) $70,000,000 for fiscal year 1997;
(3) $80,000,000 for fiscal year 1998;
(4) $90,000,000 for fiscal year 1999; and
(5) $100,000,000 for fiscal year 2000.
(c) Availability of Funds.--Funds made available pursuant to this
section, in any fiscal year, shall remain available until expended.
SEC. 525. DEPARTMENT OF JUSTICE.
(a) In General.--Subject to the availability of appropriations, the
Attorney General shall--
(1) hire additional Assistant United States Attorneys, and
(2) provide for increased security at courthouses and other
facilities housing Federal workers.
(b) Authorization of Additional Appropriations.--There are
authorized to be appropriated for the activities of the Department of
Justice, to hire additional Assistant United States Attorneys and
personnel for the Criminal Division of the Department of Justice and
provide increased security to meet the needs resulting from this Act
$20,000,000 for each of the fiscal years 1996, 1997, 1998, 1999, and
2000.
(c) Availability of Funds.--Funds made available pursuant to this
section, in any fiscal year, shall remain available until expended.
SEC. 526. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE DEPARTMENT
OF THE TREASURY.
(a) In General.--There are authorized to be appropriated for the
activities of the Bureau of Alcohol, Tobacco and Firearms, to augment
counterterrorism efforts--
(1) $20,000,000 for fiscal year 1996;
(2) $20,000,000 for fiscal year 1997;
(3) $20,000,000 for fiscal year 1998;
(4) $20,000,000 for fiscal year 1999; and
(5) $20,000,000 for fiscal year 2000.
(b) In General.--There are authorized to be appropriated for the
activities of the United States Secret Service, to augment White House
security and expand Presidential protection activities--
(1) $62,000,000 for fiscal year 1996;
(2) $25,000,000 for fiscal year 1997;
(3) $25,000,000 for fiscal year 1998;
(4) $25,000,000 for fiscal year 1999; and
(5) $25,000,000 for fiscal year 2000.
SEC. 527. FUNDING SOURCE.
Notwithstanding any other provision of law, funding for
authorizations provided in this subtitle may be paid for out of the
Violent Crime Reduction Trust Fund.
SEC. 528. DETERRENT AGAINST TERRORIST ACTIVITY DAMAGING A FEDERAL
INTEREST COMPUTER.
The United States Sentencing Commission shall review existing
guideline levels as they apply to sections 1030(a)(4) and 1030(a)(5) of
title 18, United States Code, and report to Congress on their findings
as to their deterrent effect within 60 calendar days. Furthermore, the
Commission shall promulgate guideline amendments that will ensure that
individuals convicted under sections 1030(a)(4) and 1030(a)(5) of title
18, United States Code, are incarcerated for not less than 6 months.
TITLE VI--CRIMINAL PROCEDURAL IMPROVEMENTS
Subtitle A--Habeas Corpus Reform
SEC. 601. FILING DEADLINES.
Section 2244 of title 28, United States Code, is amended by adding
at the end the following new subsection:
``(d)(1) A 1-year period of limitation shall apply to an
application for a writ of habeas corpus by a person in custody pursuant
to the judgment of a State court. The limitation period shall run from
the latest of--
``(A) the date on which the judgment became final by the
conclusion of direct review or the expiration of the time for
seeking such review;
``(B) the date on which the impediment to filing an
application created by State action in violation of the
Constitution or laws of the United States is removed, if the
applicant was prevented from filing by such State action;
``(C) the date on which the constitutional right asserted
was initially recognized by the Supreme Court, if the right has
been newly recognized by the Supreme Court and made
retroactively applicable to cases on collateral review; or
``(D) the date on which the factual predicate of the claim
or claims presented could have been discovered through the
exercise of due diligence.
``(2) The time during which a properly filed application for State
post-conviction or other collateral review with respect to the
pertinent judgment or claim shall not be counted toward any period of
limitation under this subsection.''.
SEC. 602. APPEAL.
Section 2253 of title 28, United States Code, is amended to read as
follows:
``Sec. 2253. Appeal
``(a) In a habeas corpus proceeding or a proceeding under section
2255 before a district judge, the final order shall be subject to
review, on appeal, by the court of appeals for the circuit in which the
proceeding is held.
``(b) There shall be no right of appeal from a final order in a
proceeding to test the validity of a warrant to remove to another
district or place for commitment or trial a person charged with a
criminal offense against the United States, or to test the validity of
such person's detention pending removal proceedings.
``(c)(1) Unless a circuit justice or judge issues a certificate of
appealability, an appeal may not be taken to the court of appeals
from--
``(A) the final order in a habeas corpus proceeding in
which the detention complained of arises out of process issued
by a State court; or
``(B) the final order in a proceeding under section 2255.
``(2) A certificate of appealability may issue under paragraph (1)
only if the applicant has made a substantial showing of the denial of a
constitutional right.
``(3) The certificate of appealability under paragraph (1) shall
indicate which specific issue or issues satisfy the showing required by
paragraph (2).''.
SEC. 603. AMENDMENT OF FEDERAL RULES OF APPELLATE PROCEDURE.
Rule 22 of the Federal Rules of Appellate Procedure is amended to
read as follows:
``Rule 22. Habeas corpus and section 2255 proceedings
``(a) Application for the Original Writ.--An application for a writ
of habeas corpus shall be made to the appropriate district court. If
application is made to a circuit judge, the application shall be
transferred to the appropriate district court. If an application is
made to or transferred to the district court and denied, renewal of the
application before a circuit judge shall not be permitted. The
applicant may, pursuant to section 2253 of title 28, United States
Code, appeal to the appropriate court of appeals from the order of the
district court denying the writ.
``(b) Certificate of Appealability.--In a habeas corpus proceeding
in which the detention complained of arises out of process issued by a
State court, an appeal by the applicant for the writ may not proceed
unless a district or a circuit judge issues a certificate of
appealability pursuant to section 2253(c) of title 28, United States
Code. If an appeal is taken by the applicant, the district judge who
rendered the judgment shall either issue a certificate of appealability
or state the reasons why such a certificate should not issue. The
certificate or the statement shall be forwarded to the court of appeals
with the notice of appeal and the file of the proceedings in the
district court. If the district judge has denied the certificate, the
applicant for the writ may then request issuance of the certificate by
a circuit judge. If such a request is addressed to the court of
appeals, it shall be deemed addressed to the judges thereof and shall
be considered by a circuit judge or judges as the court deems
appropriate. If no express request for a certificate is filed, the
notice of appeal shall be deemed to constitute a request addressed to
the judges of the court of appeals. If an appeal is taken by a State or
its representative, a certificate of appealability is not required.''.
SEC. 604. SECTION 2254 AMENDMENTS.
Section 2254 of title 28, United States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b)(1) An application for a writ of habeas corpus on behalf of a
person in custody pursuant to the judgment of a State court shall not
be granted unless it appears that--
``(A) the applicant has exhausted the remedies available in
the courts of the State; or
``(B)(i) there is an absence of available State corrective
process; or
``(ii) circumstances exist that render such process
ineffective to protect the rights of the applicant.
``(2) An application for a writ of habeas corpus may be denied on
the merits, notwithstanding the failure of the applicant to exhaust the
remedies available in the courts of the State.
``(3) A State shall not be deemed to have waived the exhaustion
requirement or be estopped from reliance upon the requirement unless
the State, through counsel, expressly waives the requirement.'';
(2) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(3) by inserting after subsection (c) the following new
subsection:
``(d) An application for a writ of habeas corpus on behalf of a
person in custody pursuant to the judgment of a State court shall not
be granted with respect to any claim that was adjudicated on the merits
in State court proceedings unless the adjudication of the claim--
``(1) resulted in a decision that was contrary to, or
involved an unreasonable application of, clearly established
Federal law, as determined by the Supreme Court of the United
States; or
``(2) resulted in a decision that was based on an
unreasonable determination of the facts in light of the
evidence presented in the State court proceeding.'';
(4) by amending subsection (e), as redesignated by
paragraph (2), to read as follows:
``(e)(1) In a proceeding instituted by an application for a writ of
habeas corpus by a person in custody pursuant to the judgment of a
State court, a determination of a factual issue made by a State court
shall be presumed to be correct. The applicant shall have the burden of
rebutting the presumption of correctness by clear and convincing
evidence.
``(2) If the applicant has failed to develop the factual basis of a
claim in State court proceedings, the court shall not hold an
evidentiary hearing on the claim unless the applicant shows that--
``(A) the claim relies on--
``(i) a new rule of constitutional law, made
retroactive to cases on collateral review by the
Supreme Court, that was previously unavailable; or
``(ii) a factual predicate that could not have been
previously discovered through the exercise of due
diligence; and
``(B) the facts underlying the claim would be sufficient to
establish by clear and convincing evidence that but for
constitutional error, no reasonable factfinder would have found
the applicant guilty of the underlying offense.''; and
(5) by adding at the end the following new subsections:
``(h) Except as provided in title 21, United States Code, section
848, in all proceedings brought under this section, and any subsequent
proceedings on review, the court may appoint counsel for an applicant
who is or becomes financially unable to afford counsel, except as
provided by a rule promulgated by the Supreme Court pursuant to
statutory authority. Appointment of counsel under this section shall be
governed by section 3006A of title 18.
``(i) The ineffectiveness or incompetence of counsel during Federal
or State collateral post-conviction proceedings shall not be a ground
for relief in a proceeding arising under section 2254.''.
SEC. 605. SECTION 2255 AMENDMENTS.
Section 2255 of title 28, United States Code, is amended--
(1) by striking the second and fifth undesignated
paragraphs; and
(2) by adding at the end the following new undesignated
paragraphs:
``A 1-year period of limitation shall apply to a motion under this
section. The limitation period shall run from the latest of--
``(1) the date on which the judgment of conviction becomes
final;
``(2) the date on which the impediment to making a motion
created by governmental action in violation of the Constitution
or laws of the United States is removed, if the movant was
prevented from making a motion by such governmental action;
``(3) the date on which the right asserted was initially
recognized by the Supreme Court, if that right has been newly
recognized by the Supreme Court and made retroactively
applicable to cases on collateral review; or
``(4) the date on which the facts supporting the claim or
claims presented could have been discovered through the
exercise of due diligence.
``Except as provided in title 21, United States Code, section 848,
in all proceedings brought under this section, and any subsequent
proceedings on review, the court may appoint counsel for a movant who
is or becomes financially unable to afford counsel shall be in the
discretion of the court, except as provided by a rule promulgated by
the Supreme Court pursuant to statutory authority. Appointment of
counsel under this section shall be governed by section 3006A of title
18.
``A second or successive motion must be certified as provided in
section 2244 by a panel of the appropriate court of appeals to
contain--
``(1) newly discovered evidence that, if proven and viewed
in light of the evidence as a whole, would be sufficient to
establish by clear and convincing evidence that no reasonable
factfinder would have found the movant guilty of the offense;
or
``(2) a new rule of constitutional law, made retroactive to
cases on collateral review by the Supreme Court, that was
previously unavailable.''.
SEC. 606. LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS.
(a) Conforming Amendment to Section 2244(a).--Section 2244(a) of
title 28, United States Code, is amended by striking ``and the
petition'' and all that follows through ``by such inquiry.'' and
inserting ``, except as provided in section 2255.''.
(b) Limits on Second or Successive Applications.--Section 2244(b)
of title 28, United States Code, is amended to read as follows:
``(b)(1) A claim presented in a second or successive habeas corpus
application under section 2254 that was presented in a prior
application shall be dismissed.
``(2) A claim presented in a second or successive habeas corpus
application under section 2254 that was not presented in a prior
application shall be dismissed unless--
``(A) the applicant shows that the claim relies on a new
rule of constitutional law, made retroactive to cases on
collateral review by the Supreme Court, that was previously
unavailable; or
``(B)(i) the factual predicate for the claim could not have
been discovered previously through the exercise of due
diligence; and
``(ii) the facts underlying the claim, if proven and viewed
in light of the evidence as a whole, would be sufficient to
establish by clear and convincing evidence that, but for
constitutional error, no reasonable factfinder would have found
the applicant guilty of the underlying offense.
``(3)(A) Before a second or successive application permitted by
this section is filed in the district court, the applicant shall move
in the appropriate court of appeals for an order authorizing the
district court to consider the application.
``(B) A motion in the court of appeals for an order authorizing the
district court to consider a second or successive application shall be
determined by a three-judge panel of the court of appeals.
``(C) The court of appeals may authorize the filing of a second or
successive application only if it determines that the application makes
a prima facie showing that the application satisfies the requirements
of this subsection.
``(D) The court of appeals shall grant or deny the authorization to
file a second or successive application not later than 30 days after
the filing of the motion.
``(E) The grant or denial of an authorization by a court of appeals
to file a second or successive application shall not be appealable and
shall not be the subject of a petition for rehearing or for a writ of
certiorari.
``(4) A district court shall dismiss any claim presented in a
second or successive application that the court of appeals has
authorized to be filed unless the applicant shows that the claim
satisfies the requirements of this section.''.
SEC. 607. DEATH PENALTY LITIGATION PROCEDURES.
(a) Addition of Chapter to Title 28, United States Code.--Title 28,
United States Code, is amended by inserting after chapter 153 the
following new chapter:
``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
``Sec.
``2261. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule
of court or statute; procedures for
appointment.
``2262. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions.
``2263. Filing of habeas corpus application; time requirements; tolling
rules.
``2264. Scope of Federal review; district court adjudications.
``2265. Application to State unitary review procedure.
``2266. Limitation periods for determining applications and motions.
``Sec. 2261. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule of court or
statute; procedures for appointment
``(a) This chapter shall apply to cases arising under section 2254
brought by prisoners in State custody who are subject to a capital
sentence. It shall apply only if the provisions of subsections (b) and
(c) are satisfied.
``(b) This chapter is applicable if a State establishes by statute,
rule of its court of last resort, or by another agency authorized by
State law, a mechanism for the appointment, compensation, and payment
of reasonable litigation expenses of competent counsel in State post-
conviction proceedings brought by indigent prisoners whose capital
convictions and sentences have been upheld on direct appeal to the
court of last resort in the State or have otherwise become final for
State law purposes. The rule of court or statute must provide standards
of competency for the appointment of such counsel.
``(c) Any mechanism for the appointment, compensation, and
reimbursement of counsel as provided in subsection (b) must offer
counsel to all State prisoners under capital sentence and must provide
for the entry of an order by a court of record--
``(1) appointing one or more counsels to represent the
prisoner upon a finding that the prisoner is indigent and
accepted the offer or is unable competently to decide whether
to accept or reject the offer;
``(2) finding, after a hearing if necessary, that the
prisoner rejected the offer of counsel and made the decision
with an understanding of its legal consequences; or
``(3) denying the appointment of counsel upon a finding
that the prisoner is not indigent.
``(d) No counsel appointed pursuant to subsections (b) and (c) to
represent a State prisoner under capital sentence shall have previously
represented the prisoner at trial or on direct appeal in the case for
which the appointment is made unless the prisoner and counsel expressly
request continued representation.
``(e) The ineffectiveness or incompetence of counsel during State
or Federal post-conviction proceedings in a capital case shall not be a
ground for relief in a proceeding arising under section 2254. This
limitation shall not preclude the appointment of different counsel, on
the court's own motion or at the request of the prisoner, at any phase
of State or Federal post-conviction proceedings on the basis of the
ineffectiveness or incompetence of counsel in such proceedings.
``Sec. 2262. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions
``(a) Upon the entry in the appropriate State court of record of an
order under section 2261(c), a warrant or order setting an execution
date for a State prisoner shall be stayed upon application to any court
that would have jurisdiction over any proceedings filed under section
2254. The application shall recite that the State has invoked the post-
conviction review procedures of this chapter and that the scheduled
execution is subject to stay.
``(b) A stay of execution granted pursuant to subsection (a) shall
expire if--
``(1) a State prisoner fails to file a habeas corpus
application under section 2254 within the time required in
section 2263;
``(2) before a court of competent jurisdiction, in the
presence of counsel, unless the prisoner has competently and
knowingly waived such counsel, and after having been advised of
the consequences, a State prisoner under capital sentence
waives the right to pursue habeas corpus review under section
2254; or
``(3) a State prisoner files a habeas corpus petition under
section 2254 within the time required by section 2263 and fails
to make a substantial showing of the denial of a Federal right
or is denied relief in the district court or at any subsequent
stage of review.
``(c) If one of the conditions in subsection (b) has occurred, no
Federal court thereafter shall have the authority to enter a stay of
execution in the case, unless the court of appeals approves the filing
of a second or successive application under section 2244(b).
``Sec. 2263. Filing of habeas corpus application; time requirements;
tolling rules
``(a) Any application under this chapter for habeas corpus relief
under section 2254 must be filed in the appropriate district court not
later than 180 days after final State court affirmance of the
conviction and sentence on direct review or the expiration of the time
for seeking such review.
``(b) The time requirements established by subsection (a) shall be
tolled--
``(1) from the date that a petition for certiorari is filed
in the Supreme Court until the date of final disposition of the
petition if a State prisoner files the petition to secure
review by the Supreme Court of the affirmance of a capital
sentence on direct review by the court of last resort of the
State or other final State court decision on direct review;
``(2) from the date on which the first petition for post-
conviction review or other collateral relief is filed until the
final State court disposition of such petition; and
``(3) during an additional period not to exceed 30 days,
if--
``(A) a motion for an extension of time is filed in
the Federal district court that would have jurisdiction
over the case upon the filing of a habeas corpus
application under section 2254; and
``(B) a showing of good cause is made for the
failure to file the habeas corpus application within
the time period established by this section.
``Sec. 2264. Scope of Federal review; district court adjudications
``(a) Whenever a State prisoner under capital sentence files a
petition for habeas corpus relief to which this chapter applies, the
district court shall only consider a claim or claims that have been
raised and decided on the merits in the State courts, unless the
failure to raise the claim properly is--
``(1) the result of State action in violation of the
Constitution or laws of the United States;
``(2) the result of the Supreme Court recognition of a new
Federal right that is made retroactively applicable; or
``(3) based on a factual predicate that could not have been
discovered through the exercise of due diligence in time to
present the claim for State or Federal post-conviction review.
``(b) Following review subject to subsections (a), (d), and (e) of
section 2254, the court shall rule on the claims properly before it.
``Sec. 2265. Application to State unitary review procedure
``(a) For purposes of this section, a `unitary review' procedure
means a State procedure that authorizes a person under sentence of
death to raise, in the course of direct review of the judgment, such
claims as could be raised on collateral attack. This chapter shall
apply, as provided in this section, in relation to a State unitary
review procedure if the State establishes by rule of its court of last
resort or by statute a mechanism for the appointment, compensation, and
payment of reasonable litigation expenses of competent counsel in the
unitary review proceedings, including expenses relating to the
litigation of collateral claims in the proceedings. The rule of court
or statute must provide standards of competency for the appointment of
such counsel.
``(b) To qualify under this section, a unitary review procedure
must include an offer of counsel following trial for the purpose of
representation on unitary review, and entry of an order, as provided in
section 2261(c), concerning appointment of counsel or waiver or denial
of appointment of counsel for that purpose. No counsel appointed to
represent the prisoner in the unitary review proceedings shall have
previously represented the prisoner at trial in the case for which the
appointment is made unless the prisoner and counsel expressly request
continued representation.
``(c) Sections 2262, 2263, 2264, and 2266 shall apply in relation
to cases involving a sentence of death from any State having a unitary
review procedure that qualifies under this section. References to State
`post-conviction review' and `direct review' in such sections shall be
understood as referring to unitary review under the State procedure.
The reference in section 2262(a) to `an order under section 2261(c)'
shall be understood as referring to the post-trial order under
subsection (b) concerning representation in the unitary review
proceedings, but if a transcript of the trial proceedings is
unavailable at the time of the filing of such an order in the
appropriate State court, then the start of the 180-day limitation
period under section 2263 shall be deferred until a transcript is made
available to the prisoner or counsel of the prisoner.
``Sec. 2266. Limitation periods for determining applications and
motions
``(a) The adjudication of any application under section 2254 that
is subject to this chapter, and the adjudication of any motion under
section 2255 by a person under sentence of death, shall be given
priority by the district court and by the court of appeals over all
noncapital matters.
``(b)(1)(A) A district court shall render a final determination and
enter a final judgment on any application for a writ of habeas corpus
brought under this chapter in a capital case not later than 180 days
after the date on which the application is filed.
``(B) A district court shall afford the parties at least 120 days
in which to complete all actions, including the preparation of all
pleadings and briefs, and if necessary, a hearing, prior to the
submission of the case for decision.
``(C)(i) A district court may delay for not more than one
additional 30-day period beyond the period specified in subparagraph
(A), the rendering of a determination of an application for a writ of
habeas corpus if the court issues a written order making a finding, and
stating the reasons for the finding, that the ends of justice that
would be served by allowing the delay outweigh the best interests of
the public and the applicant in a speedy disposition of the
application.
``(ii) The factors, among others, that a court shall consider in
determining whether a delay in the disposition of an application is
warranted are as follows:
``(I) Whether the failure to allow the delay would be
likely to result in a miscarriage of justice.
``(II) Whether the case is so unusual or so complex, due to
the number of defendants, the nature of the prosecution, or the
existence of novel questions of fact or law, that it is
unreasonable to expect adequate briefing within the time
limitations established by subparagraph (A).
``(III) Whether the failure to allow a delay in a case,
that, taken as a whole, is not so unusual or so complex as
described in subclause (II), but would otherwise deny the
applicant reasonable time to obtain counsel, would unreasonably
deny the applicant or the government continuity of counsel, or
would deny counsel for the applicant or the government the
reasonable time necessary for effective preparation, taking
into account the exercise of due diligence.
``(iii) No delay in disposition shall be permissible because of
general congestion of the court's calendar.
``(iv) The court shall transmit a copy of any order issued under
clause (i) to the Director of the Administrative Office of the United
States Courts for inclusion in the report under paragraph (5).
``(2) The time limitations under paragraph (1) shall apply to--
``(A) an initial application for a writ of habeas corpus;
``(B) any second or successive application for a writ of
habeas corpus; and
``(C) any redetermination of an application for a writ of
habeas corpus following a remand by the court of appeals or the
Supreme Court for further proceedings, in which case the
limitation period shall run from the date the remand is
ordered.
``(3)(A) The time limitations under this section shall not be
construed to entitle an applicant to a stay of execution, to which the
applicant would otherwise not be entitled, for the purpose of
litigating any application or appeal.
``(B) No amendment to an application for a writ of habeas corpus
under this chapter shall be permitted after the filing of the answer to
the application, except on the grounds specified in section 2244(b).
``(4)(A) The failure of a court to meet or comply with a time
limitation under this section shall not be a ground for granting relief
from a judgment of conviction or sentence.
``(B) The State may enforce a time limitation under this section by
petitioning for a writ of mandamus to the court of appeals. The court
of appeals shall act on the petition for a writ or mandamus not later
than 30 days after the filing of the petition.
``(5)(A) The Administrative Office of United States Courts shall
submit to Congress an annual report on the compliance by the district
courts with the time limitations under this section.
``(B) The report described in subparagraph (A) shall include copies
of the orders submitted by the district courts under paragraph
(1)(B)(iv).
``(c)(1)(A) A court of appeals shall hear and render a final
determination of any appeal of an order granting or denying, in whole
or in part, an application brought under this chapter in a capital case
not later than 120 days after the date on which the reply brief is
filed, or if no reply brief is filed, not later than 120 days after the
date on which the answering brief is filed.
``(B)(i) A court of appeals shall decide whether to grant a
petition for rehearing or other request for rehearing en banc not later
than 30 days after the date on which the petition for rehearing is
filed unless a responsive pleading is required, in which case the court
shall decide whether to grant the petition not later than 30 days after
the date on which the responsive pleading is filed.
``(ii) If a petition for rehearing or rehearing en banc is granted,
the court of appeals shall hear and render a final determination of the
appeal not later than 120 days after the date on which the order
granting rehearing or rehearing en banc is entered.
``(2) The time limitations under paragraph (1) shall apply to--
``(A) an initial application for a writ of habeas corpus;
``(B) any second or successive application for a writ of
habeas corpus; and
``(C) any redetermination of an application for a writ of
habeas corpus or related appeal following a remand by the court
of appeals en banc or the Supreme Court for further
proceedings, in which case the limitation period shall run from
the date the remand is ordered.
``(3) The time limitations under this section shall not be
construed to entitle an applicant to a stay of execution, to which the
applicant would otherwise not be entitled, for the purpose of
litigating any application or appeal.
``(4)(A) The failure of a court to meet or comply with a time
limitation under this section shall not be a ground for granting relief
from a judgment of conviction or sentence.
``(B) The State may enforce a time limitation under this section by
applying for a writ of mandamus to the Supreme Court.
``(5) The Administrative Office of United States Courts shall
submit to Congress an annual report on the compliance by the courts of
appeals with the time limitations under this section.''.
(b) Technical Amendment.--The part analysis for part IV of title
28, United States Code, is amended by adding after the item relating to
chapter 153 the following new item:
``154. Special habeas corpus procedures in capital cases.... 2261.''.
(c) Effective Date.--Chapter 154 of title 28, United States Code
(as added by subsection (a)) shall apply to cases pending on or after
the date of enactment of this Act.
SEC. 608. TECHNICAL AMENDMENT.
Section 408(q) of the Controlled Substances Act (21 U.S.C. 848(q))
is amended by amending paragraph (9) to read as follows:
``(9) Upon a finding that investigative, expert, or other services
are reasonably necessary for the representation of the defendant,
whether in connection with issues relating to guilt or the sentence,
the court may authorize the defendant's attorneys to obtain such
services on behalf of the defendant and, if so authorized, shall order
the payment of fees and expenses therefor under paragraph (10). No ex
parte proceeding, communication, or request may be considered pursuant
to this section unless a proper showing is made concerning the need for
confidentiality. Any such proceeding, communication, or request shall
be transcribed and made a part of the record available for appellate
review.''.
Subtitle B--Criminal Procedural Improvements
SEC. 621. 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) by amending paragraph (2) to read as follows:
``(2) The courts of the United States have 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 adding at the end the following new paragraph:
``(3) For purposes of this subsection, 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) Destruction of Aircraft or Aircraft Facilities.--Section 32(b)
of title 18, United States Code, is amended--
(1) by striking ``(b) Whoever'' and inserting ``(b)(1)
Whoever'';
(2) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively;
(3) by striking ``, if the offender is later found in the
United States,''; and
(4) by adding at the end the following new paragraphs:
``(2) The courts of the United States have jurisdiction over an
offense described in this subsection if--
``(A) a national of the United States was on board, or
would have been on board, the aircraft;
``(B) an offender is a national of the United States; or
``(C) an offender is afterwards found in the United States.
``(3) For purposes of this subsection, 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)).''.
(c) Murder or Manslaughter of Internationally Protected Persons.--
Section 1116 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``, except that'';
(2) in subsection (b), by adding at the end the following
new paragraph:
``(7) `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)).''; and
(3) 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 Internationally Protected 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 Against Internationally Protected 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 given such term 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 to read as follows:
``(2) the prohibited activity takes place outside the
United States, and--
``(A) the offender is later found in the United
States; 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))).''.
(h) National of the United States Defined.--Section 178 of title
18, United States Code, is amended--
(1) by striking the ``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 at the end the following new paragraph:
``(5) 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)).''.
SEC. 622. EXPANSION OF TERRITORIAL SEA.
(a) Territorial Sea Extending to Twelve Miles Included in Special
Maritime and Territorial Jurisdiction.--The Congress declares that all
the territorial sea of the United States, as defined by Presidential
Proclamation 5928 of December 27, 1988, for purposes of criminal
jurisdiction 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.
(b) 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--
(1) in subsection (a), by inserting after ``title,'' the
following: ``or on, above, or below any portion of the
territorial sea of the United States not within the
jurisdiction of any State, Commonwealth, territory, possession,
or district''; and
(2) by adding at the end the following new subsection:
``(c) Whenever any waters of the territorial sea of the United
States lie outside the territory of any State, Commonwealth, 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, Commonwealth, territory,
possession, or district it would lie within if the boundaries of such
State, Commonwealth, territory, possession, or district were extended
seaward to the outer limit of the territorial sea of the United
States.''.
SEC. 623. EXPANSION OF WEAPONS OF MASS DESTRUCTION STATUTE.
Section 2332a of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``threatens,'' before
``attempts'';
(B) in paragraph (2), by striking ``; or'' and
inserting the following: ``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 if such use had
occurred;'';
(C) by redesignating paragraph (3) as paragraph
(4);
(D) by inserting after paragraph (2) the following:
``(3) against a victim, or intended victim, that is the
United States Government, a member of the uniformed services,
or any official, officer, employee, or agent of the
legislative, executive, or judicial branches, or any department
or agency, of the United States; and''; and
(E) in paragraph (4), as redesignated, by inserting
before the comma at the end the following: ``, or is
within the United States and is used in any activity
affecting interstate or foreign commerce''.
(2) by redesignating subsection (b) as subsection (c);
(3) by adding immediately after subsection (a) the
following new subsection:
``(b) Use Outside United States.--Any national of the United States
who outside of the United States uses, threatens, attempts, or
conspires to use, a weapon of mass destruction, shall be imprisoned for
any term of years or for life, and if death results, shall be punished
by death or imprisonment for any term of years or for life. The
preceding sentence does not apply to a person performing an act that,
as performed, is within the scope of the person's official duties as an
officer or employee of the United States or as a member of the Armed
Forces of the United States, or to a person employed by a contractor of
the United States for performing an act that, as performed, is
authorized under the contract.''; and
(4) by amending subsection (c)(2)(B), as redesignated by
paragraph (3), by striking ``poison gas'' and inserting ``any
poisonous chemical agent or substance, regardless of form or
delivery system, designed for causing widespread death or
injury;''.
SEC. 624. ADDITION OF TERRORISM OFFENSES TO THE RICO STATUTE.
Section 1961(1) of title 18, United States Code, is amended--
(1) in subparagraph (B)--
(A) by inserting after ``Section'' the following:
``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), section'';
(B) by inserting after ``section 224 (relating to
sports bribery),'' the following: ``section 351
(relating to congressional or Cabinet officer
assassination),'';
(C) by inserting after ``section 664 (relating to
embezzlement from pension and welfare funds),'' the
following: ``section 831 (relating to prohibited
transactions involving nuclear materials), section 844
(f) or (i) (relating to destruction by explosives or
fire of government property or property affecting
interstate or foreign commerce),'';
(D) by inserting after ``sections 891-894 (relating
to extortionate credit transactions),'' the following:
``section 956 (relating to conspiracy to kill, kidnap,
maim, or injure certain property in a foreign
country),'';
(E) by inserting after ``section 1084 (relating to
the transmission of gambling information),'' the
following: ``section 1111 (relating to murder), section
1114 (relating to murder of United States law
enforcement officials), section 1116 (relating to
murder of foreign officials, official guests, or
internationally protected persons), section 1203
(relating to hostage taking),'';
(F) by inserting after ``section 1344 (relating to
financial institution fraud),'' the following:
``section 1361 (relating to willful injury of
government property within the special maritime and
territorial jurisdiction),'';
(G) by inserting after ``section 1513 (relating to
retaliating against a witness, victim, or an
informant),'' the following: ``section 1751 (relating
to Presidential assassination),'';
(H) by inserting after ``section 1958 (relating to
use of interstate commerce facilities in the commission
of murder-for-hire),'' the following: ``section 2280
(relating to violence against maritime navigation),
section 2281 (relating to violence against maritime
fixed platforms),''; and
(I) by inserting after ``2321 (relating to
trafficking in certain motor vehicles or motor vehicle
parts),'' the following: ``section 2332 (relating to
terrorist acts abroad against United States nationals),
section 2332a (relating to use of weapons of mass
destruction), section 2332b (relating to acts of
terrorism transcending national boundaries), section
2339A (relating to providing material support to
terrorists),'';
(2) by striking ``or'' before ``(E)''; and
(3) by inserting before the semicolon at the end the
following: ``, or (F) section 46502 of title 49, United States
Code''.
SEC. 625. ADDITION OF TERRORISM OFFENSES TO THE MONEY LAUNDERING
STATUTE.
Section 1956(c)(7) of title 18, United States Code, is amended--
(1) in subparagraph (B), by amending clause (ii) to read as
follows:
``(ii) murder, kidnapping, robbery, extortion, or
destruction of property by means of explosive or
fire;''; and
(2) in subparagraph (D)--
(A) by inserting after ``an offense under'' the
following: ``section 32 (relating to the destruction of
aircraft), section 37 (relating to violence at
international airports), section 115 (relating to
influencing, impeding, or retaliating against a Federal
official by threatening or injuring a family
member),'';
(B) by inserting after ``section 215 (relating to
commissions or gifts for procuring loans),'' the
following: ``section 351 (relating to congressional or
Cabinet officer assassination),'';
(C) by inserting after ``section 798 (relating to
espionage),'' the following: ``section 831 (relating to
prohibited transactions involving nuclear materials),
section 844 (f) or (i) (relating to destruction by
explosives or fire of Government property or property
affecting interstate or foreign commerce),'';
(D) by inserting after ``section 875 (relating to
interstate communications),'' the following: ``section
956 (relating to conspiracy to kill, kidnap, maim, or
injure certain property in a foreign country),'';
(E) by inserting after ``section 1032 (relating to
concealment of assets from conservator, receiver, or
liquidating agent of financial institution),'' the
following: ``section 1111 (relating to murder), section
1114 (relating to murder of United States law
enforcement officials), section 1116 (relating to
murder of foreign officials, official guests, or
internationally protected persons),'';
(F) by inserting after ``section 1203 (relating to
hostage taking)'' the following: ``section 1361
(relating to willful injury of Government property),
section 1363 (relating to destruction of property
within the special maritime and territorial
jurisdiction),'';
(G) by inserting after ``section 1708 (relating to
theft from the mail)'' the following: ``section 1751
(relating to Presidential assassination),'';
(H) by inserting after ``2114 (relating to bank and
postal robbery and theft),'' the following: ``section
2280 (relating to violence against maritime
navigation), section 2281 (relating to violence against
maritime fixed platforms),''; and
(I) by striking ``of this title'' and inserting the
following: ``section 2332 (relating to terrorist acts
abroad against United States nationals), section 2332a
(relating to use of weapons of mass destruction),
section 2332b (relating to international terrorist acts
transcending national boundaries), 2339A (relating to
providing material support to terrorists) of this
title, section 46502 of title 49, United States
Code,''.
SEC. 626. PROTECTION OF CURRENT OR FORMER OFFICIALS, OFFICERS, OR
EMPLOYEES OF THE UNITED STATES.
(a) Amendment To Include Assaults, Murders, and Threats Against
Families of Federal Officials.--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''.
(b) Murder or Attempts To Murder Current or Former Federal Officers
or Employees.--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 a current or former officer or
employee of the United States or its instrumentalities, or an immediate
family member of such officer or employee, or any person assisting such
an officer or employee in the performance of official duties, during or
on account of the performance of such duties or the provision of such
assistance, shall be punished--
``(1) in the case of murder, as provided under section
1111;
``(2) in the case of manslaughter, as provided under
section 1112; and
``(3) in the case of attempted murder or manslaughter as
provided in section 1113, not more than 20 years.''.
(c) Amendment To Clarify the Meaning of the Term Deadly or
Dangerous Weapon in the Prohibition on Assault on Federal Officers or
Employees.--Section 111(b) of title 18, United States Code, is amended
by inserting after ``deadly or dangerous weapon'' the following:
``(including a weapon intended to cause death or danger but that fails
to do so by reason of a defective or missing component)''.
SEC. 627. ADDITION OF CONSPIRACY TO TERRORISM OFFENSES.
(a) Destruction of Aircraft or Aircraft Facilities.--(1) Section
32(a)(7) of title 18, United States Code, is amended by inserting ``or
conspires'' after ``attempts''.
(2) Section 32(b)(D) of title 18, United States Code, as
redesignated by section 721(b)(2), is amended by inserting ``or
conspires'' after ``attempts''.
(b) Violence at International Airports.--Section 37(a) of title 18,
United States Code, is amended by inserting ``or conspires'' after
``attempts''.
(c) Influencing, Impeding, or Retaliating Against a Federal
Official by Threatening or Injuring a Family Member.--(1) Section
115(a)(1)(A) of title 18, United States Code, is amended by inserting
``or conspires'' after ``attempts''.
(2) Section 115(a)(2) of title 18, United States Code, as amended
by section 729, is further amended by inserting ``or conspires'' after
``attempts''.
(3) Section 115(b)(2) of title 18, United States Code, is amended
by striking both times it appears ``or attempted kidnapping'' and
inserting both times ``, attempted kidnapping or conspiracy to
kidnap''.
(4)(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 further
amended by striking ``and 1113'' and inserting ``, 1113, and 1117''.
(d) Prohibitions With Respect to Biological Weapons.--Section
175(a) of title 18, United States Code, is amended by inserting ``, or
conspires to do so,'' after ``any organization to do so,''.
(e) Hostage Taking.--Section 1203(a) of title 18, United States
Code, is amended by inserting ``or conspires'' after ``attempts''.
(f) Violence Against Maritime Navigation.--Section 2280(a)(1)(H) of
title 18, United States Code, is amended by inserting ``or conspires''
after ``attempts''.
(g) Violence Against Maritime Fixed Platforms.--Section
2281(a)(1)(F) of title 18, United States Code, is amended by inserting
``or conspires'' after ``attempts''.
(h) Aircraft Piracy.--Section 46502 of title 49, United States
Code, is amended--
(1) in subsection (a)(2), by inserting ``, conspiring,''
after ``committing'' and
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``or conspiring
to commit'' after ``committing'';
(B) in paragraph (2), by inserting ``conspired or''
after ``has placed,''; and
(C) in paragraph (3), by inserting ``conspired or''
after ``has placed,''.
(i) 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. 628. CLARIFICATION OF FEDERAL JURISDICTION OVER BOMB THREATS.
Section 844(e) of title 18, United States Code, is amended--
(1) by striking ``(e) Whoever'' and inserting ``(e)(1)
Whoever''; and
(2) by adding at the end the following new paragraph:
``(2) Whoever willfully makes any threat, or maliciously conveys
false information knowing the same to be false, concerning an attempt
or alleged attempt being made, or to be made to violate subsection (f)
or (i) of this section or section 81 of this title shall be fined under
this title, imprisoned for not more than 5 years, or both.''.
TITLE VII--MARKING OF PLASTIC EXPLOSIVES
SEC. 701. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) plastic explosives were used by terrorists in the
bombings of Pan Am flight 103 in December 1988 and UTA flight
722 in September 1989;
(2) plastic explosives can be used with little likelihood
of detection for acts of unlawful interference with civil
aviation, maritime navigation, and other modes of
transportation;
(3) the criminal use of plastic explosives places innocent
lives in jeopardy, endangers national security, affects
domestic tranquility, and gravely affects interstate and
foreign commerce;
(4) the marking of plastic explosives for the purpose of
detection would contribute significantly to the prevention and
punishment of such unlawful acts; and
(5) for the purpose of deterring and detecting such
unlawful acts, the Convention on the Marking of Plastic
Explosives for the Purpose of Detection, Done at Montreal on 1
March 1991, requires each contracting State to adopt
appropriate measures to ensure that plastic explosives are duly
marked and controlled.
(b) Purpose.--The purpose of this title is to fully implement the
Convention on the Marking of Plastic Explosives for the Purpose of
Detection, Done at Montreal on 1 March 1991.
SEC. 702. DEFINITIONS.
Section 841 of title 18, United States Code, is amended by adding
at the end the following new subsections:
``(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. 703. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES.
Section 842 of title 18, United States Code, is amended by adding
after subsection (k) the following new subsections:
``(l) It shall be unlawful for any person to manufacture any
plastic explosive that 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 that does not contain a detection agent.
``(2) This subsection does not apply to the importation or bringing
into the United States, or the exportation from the United States, of
any plastic explosive that was imported, brought into, or manufactured
in the United States prior to the date of enactment of title VII of the
Comprehensive Terrorism Prevention Act of 1995 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, not later than 15 years after the date of
entry into force of the Convention on the Marking of Plastic
Explosives, with respect to the United States.
``(n)(1) It shall be unlawful for any person to ship, transport,
transfer, receive, or possess any plastic explosive that does not
contain a detection agent.
``(2) This subsection does not apply to--
``(A) the shipment, transportation, transfer, receipt, or
possession of any plastic explosive that was imported, brought
into, or manufactured in the United States prior to the date of
enactment of the Comprehensive Terrorism Prevention Act of 1995
by any person during a period not exceeding 3 years after the
date of enactment of title VII of the Comprehensive Terrorism
Prevention Act of 1995; or
``(B) the shipment, transportation, transfer, receipt, or
possession of any plastic explosive that was imported, brought
into, or manufactured in the United States prior to the date of
enactment of title VII of the Comprehensive Terrorism
Prevention Act of 1995 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, not later than 15 years
after the date of entry into force of the Convention on the
Marking of Plastic Explosives, with respect to the United
States.
``(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
date of enactment of title VII of the Comprehensive Terrorism
Prevention Act of 1995, to fail to report to the Secretary within 120
days after such effective date 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. 704. CRIMINAL SANCTIONS.
Section 844(a) of title 18, United States Code, is amended to read
as follows:
``(a) Any person who violates any of subsections (a) through (i) or
(l) through (o) of section 842 shall be fined under this title or
imprisoned not more than 10 years, or both.''.
SEC. 705. 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 paragraph (1), by inserting before the semicolon ``,
and which pertain to safety''; and
(3) by adding at the end the following new subsection:
``(c) It is an affirmative defense against any proceeding involving
subsections (l) through (o) of section 842 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 that, within 3 years after the
date of enactment of the Comprehensive Terrorism Prevention Act
of 1995, 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.
``(3) For purposes of this subsection, the term `military
device' includes, but is not restricted to, shells, bombs,
projectiles, mines, missiles, rockets, shaped charges,
grenades, perforators, and similar devices lawfully
manufactured exclusively for military or police purposes.''.
SEC. 706. INVESTIGATIVE AUTHORITY.
Section 846 of title 18, United States Code, is amended--
(1) in the last sentence, by inserting in the last sentence
before ``subsection'' the phrase ``subsection (m) or (n) of
section 842 or;'', and
(2) by adding at the end the following: ``The Attorney
General shall exercise authority over violations of subsection
(m) or (n) of section 842 only when they are committed by a
member of a terrorist or revolutionary group. In any matter
involving a terrorist or revolutionary group or individual, as
determined by the Attorney General, the Attorney General shall
have primary investigative responsibility and the Secretary
shall assist the Attorney General as requested.''.
SEC. 707. EFFECTIVE DATE.
Except as otherwise provided in this title, this title and the
amendments made by this title shall take effect 1 year after the date
of enactment of this Act.
SEC. 708. STUDY AND REQUIREMENTS FOR TAGGING OF EXPLOSIVE MATERIALS,
AND STUDY AND RECOMMENDATIONS FOR RENDERING EXPLOSIVE
COMPONENTS INERT AND IMPOSING CONTROLS ON PRECURSORS OF
EXPLOSIVES.
(a) The Secretary of the Treasury shall conduct a study and make
recommendations concerning--
(1) the tagging of explosive materials for purposes of
detection and identification;
(2) whether common chemicals used to manufacture explosive
materials can be rendered inert and whether it is feasible to
require it; and
(3) whether controls can be imposed on certain precursor
chemicals used to manufacture explosive materials and whether
it is feasible and cost-effective to require it.
In conducting the study, the Secretary shall consult with other
Federal, State and local officials with expertise in this area and such
other individuals as shall be deemed necessary. Such study shall be
completed within twelve months after the enactment of this Act and
shall be submitted to the Congress and made available to the public.
Such study may include, if appropriate, recommendations for
legislation.
(b) There are authorized to be appropriated for the study and
recommendations contained in paragraph (a) such sums as may be
necessary.
(c) Section 842, of title 18, United States Code, is amended by
inserting after subsection (k), a new subsection (l) which reads as
follows:
``(l)(1) It shall be unlawful for any person to manufacture,
import, ship, transport, receive, possess, transfer, or distribute any
explosive material that does not contain a tracer element as prescribed
by the Secretary pursuant to regulation, knowing or having reasonable
cause to believe that the explosive material does not contain the
required tracer element.
``(2) For purposes of this subsection, explosive material does not
include smokeless or black powder manufactured for uses set forth in
section 845(a) (4) and (5) of this chapter.''.
(d) Section 844, of title 18, United States Code, is amended by
inserting after ``(a) through (i)'' the phrase ``and (l)''.
(e) Section 846, of title 18, United States Code, is amended by
designating the present section as ``(a)'' and by adding a new
subsection (b) reading as follows:
``(b) to facilitate the enforcement of this chapter the Secretary
shall, within 6 months after submission of the study required by
subsection (a), promulgate regulations for the addition of tracer
elements to explosive materials manufactured in or imported into the
United States. Tracer elements to be added to explosive materials under
provisions of this subsection shall be of such character and in such
quantity as the Secretary may authorize or require, and such as will
not substantially impair the quality of the explosive materials for
their intended lawful use, adversely affect the safety of these
explosives, or have a substantially adverse effect on the
environment.''.
(f) The penalties provided herein shall not take effect until
ninety days after the date of promulgation of the regulations provided
for herein.
TITLE VIII--NUCLEAR MATERIALS
SEC. 801. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) nuclear materials, including byproduct materials, can
be used to create radioactive dispersal devices that are
capable of causing serious bodily injury as well as substantial
damage to property and the environment;
(2) the potential use of nuclear materials, including
byproduct materials, enhances the threat posed by terrorist
activities and thereby has a greater effect on the security
interests of the United States;
(3) due to the widespread hazards presented by the threat
of nuclear contamination, as well as nuclear bombs, the United
States has a strong interest in ensuring that persons who are
engaged in the illegal acquisition and use of nuclear
materials, including byproduct materials, are prosecuted for
their offenses;
(4) the threat that nuclear materials will be obtained and
used by terrorist and other criminal organizations has
increased substantially since the enactment in 1982 of the
legislation that implemented the Convention on the Physical
Protection of Nuclear Material, codified at section 831 of
title 18, United States Code;
(5) the successful efforts to obtain agreements from other
countries to dismantle nuclear weapons have resulted in
increased packaging and transportation of nuclear materials,
thereby decreasing the security of such materials by increasing
the opportunity for unlawful diversion and theft;
(6) the illicit trafficking in the relatively more common,
commercially available and usable nuclear and byproduct
materials poses a potential to cause significant loss of life
and environmental damage;
(7) reported trafficking incidents in the early 1990's
suggest that the individuals involved in trafficking these
materials from Eurasia and Eastern Europe frequently conducted
their black market sales of these materials within the Federal
Republic of Germany, the Baltic States, the former Soviet
Union, Central Europe, and to a lesser extent in the Middle
European countries;
(8) the international community has become increasingly
concerned over the illegal possession of nuclear and nuclear
byproduct materials;
(9) the potentially disastrous ramifications of increased
access to nuclear and nuclear byproduct materials pose such a
significant future threat that the United States must use all
lawful methods available to combat the illegal use of such
materials;
(10) the United States has an interest in encouraging
United States corporations to do business in the countries that
comprised the former Soviet Union, and in other developing
democracies;
(11) protection of such United States corporations from
threats created by the unlawful use of nuclear materials is
important to the success of the effort to encourage such
business ventures, and to further the foreign relations and
commerce of the United States;
(12) the nature of nuclear contamination is such that it
may affect the health, environment, and property of United
States nationals even if the acts that constitute the illegal
activity occur outside the territory of the United States, and
are primarily directed toward foreign nationals; and
(13) there is presently no Federal criminal statute that
provides adequate protection to United States interests from
nonweapons grade, yet hazardous radioactive material, and from
the illegal diversion of nuclear materials that are held for
other than peaceful purposes.
(b) Purpose.--The purpose of this title is to provide Federal law
enforcement agencies the necessary tools and fullest possible basis
allowed under the Constitution to combat the threat of nuclear
contamination and proliferation that may result from illegal possession
and use of radioactive materials.
SEC. 802. EXPANSION OF SCOPE AND JURISDICTIONAL BASES OF NUCLEAR
MATERIALS PROHIBITIONS.
Section 831 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``nuclear material'' each place it
appears and inserting ``nuclear material or nuclear
byproduct material'';
(B) in paragraph (1)--
(i) in subparagraph (A), by inserting ``or
the environment'' after ``property''; and
(ii) by amending subparagraph (B) to read
as follows:
``(B)(i) circumstances exist that are likely to
cause the death or serious bodily injury to any person
or substantial damage to property or the environment,
or such circumstances have been represented to the
defendant to exist;''; and
(C) in paragraph (6), by inserting ``or the
environment'' after ``property'';
(2) in subsection (c)--
(A) by amending paragraph (2) to read as follows:
``(2) an offender or a victim is a national of the United
States or a United States corporation or other legal entity;'';
(B) in paragraph (3)--
(i) by striking ``at the time of the
offense the nuclear material is in use,
storage, or transport, for peaceful purposes,
and''; and
(ii) by striking ``or'' at the end of the
paragraph;
(C) in paragraph (4)--
(i) by striking ``nuclear material for
peaceful purposes'' and inserting ``nuclear
material or nuclear byproduct material''; and
(ii) by striking the period at the end of
the paragraph and inserting ``; or''; and
(D) by adding at the end the following new
paragraph:
``(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.''; and
(3) in subsection (f)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``with
an isotopic concentration not in excess of 80
percent plutonium 238''; and
(ii) in subparagraph (C), by striking ``(C)
uranium'' and inserting ``(C) enriched uranium,
defined as uranium'';
(B) by redesignating paragraphs (2), (3), and (4)
as paragraphs (4), (5), and (6), respectively;
(C) by inserting after paragraph (1) the following
new paragraph:
``(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;'';
(D) by striking ``and'' at the end of paragraph
(4), as redesignated;
(E) by striking the period at the end of subsection
(f)(5), as redesignated, and inserting a semicolon; and
(F) by adding at the end the following new
paragraphs:
``(6) 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)); 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, Commonwealth,
territory, possession, or district of the United States.''.
TITLE IX--MISCELLANEOUS PROVISIONS
SEC. 901. PROHIBITION ON DISTRIBUTION OF INFORMATION RELATING TO
EXPLOSIVE MATERIALS FOR A CRIMINAL PURPOSE.
(a) Section 842 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(l) It shall be unlawful for any person to teach or demonstrate
the making of explosive materials, or to distribute by any means
information pertaining to, in whole or in part, the manufacture of
explosive materials, if the person intends or knows, that such
explosive materials or information will be used for, or in furtherance
of, an activity that constitutes a Federal criminal offense or a
criminal purpose affecting interstate commerce.''.
(b) Section 844 of title 18, United States Code, is amended by
designating subsection (a) as subsection (a)(1) and by adding the
following new subsection:
``(a)(2) Any person who violates subsection (l) of section 842 of
this chapter shall be fined under this title or imprisoned not more
than twenty years, or both.''.
SEC. 902. DESIGNATION OF CARTNEY KOCH MCRAVEN CHILD DEVELOPMENT CENTER.
(a) Designation.--
(1) In general.--The Federal building at 1314 LeMay
Boulevard, Ellsworth Air Force Base, South Dakota, shall be
known and designated as the ``Cartney Koch McRaven Child
Development Center''.
(2) Replacement building.--If, after the date of enactment
of this Act, a new Federal building is built at the location
described in paragraph (1) to replace the building described in
the paragraph, the new Federal building shall be known and
designated as the ``Cartney Koch McRaven Child Development
Center''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to a Federal building
referred to in subsection (a) shall be deemed to be a reference to the
``Cartney Koch McRaven Child Development Center''.
SEC. 903. FOREIGN AIR TRAVEL SAFETY.
Section 44906 of title 49, United States Code, is amended to read
as follows:
``Sec. 44906. Foreign air carrier security programs
``The Administrator of the Federal Aviation Administration shall
continue in effect the requirement of section 129.25 of title 14, Code
of Federal Regulations, that a foreign air carrier must adopt and use a
security program approved by the Administrator. The Administrator shall
only approve a security program of a foreign air carrier under section
129.25, or any successor regulation, if the Administrator decides the
security program provides passengers of the foreign air carrier a level
of protection identical to the level those passengers would receive
under the security programs of air carriers serving the same airport.
The Administrator shall prescribe regulations to carry out this
section.''.
SEC. 904. PROOF OF CITIZENSHIP.
Notwithstanding any other provision of law, a Federal, State, or
local government agency may not use a voter registration card (or other
related document) that evidences registration for an election for
Federal office, as evidence to prove United States citizenship.
SEC. 905. COOPERATION OF FERTILIZER RESEARCH CENTERS.
In conducting any portion of the study relating to the regulation
and use of fertilizer as a pre-explosive material, the Secretary of the
Treasury shall consult with and receive input from non-profit
fertilizer research centers and include their opinions and findings in
the report required under subsection (c).
SEC. 906. SPECIAL ASSESSMENTS ON CONVICTED PERSONS.
Section 3013(a)(2) of title 18, United States Code, is amended--
(A) in subparagraph (A), by striking ``$50'' and
inserting ``not less than $100''; and
(B) in subparagraph (B), by striking ``$200'' and
inserting ``not less than $400''.
SEC. 907. PROHIBITION ON ASSISTANCE UNDER ARMS EXPORT CONTROL ACT FOR
COUNTRIES NOT COOPERATING FULLY WITH UNITED STATES
ANTITERRORISM EFFORTS.
Chapter 3 of the Arms Export Control Act (22 U.S.C. 2771 et seq.)
is amended by adding at the end the following:
``Sec. 40A. Transactions with Countries Not Fully Cooperating with
United States Antiterrorism Efforts.
``(a) Prohibited Transactions.--No defense article or defense
service may be sold or licensed for export under this Act to a foreign
country in a fiscal year unless the President determines and certifies
to Congress at the beginning of that fiscal year, or at any other time
in that fiscal year before such sale or license, that the country is
cooperating fully with United States antiterrorism efforts.
``(b) Waiver.--The President may waive the prohibition set forth in
subsection (a) with respect to a specific transaction if the President
determines that the transaction is essential to the national security
interests of the United States.''.
SEC. 908. AUTHORITY TO REQUEST MILITARY ASSISTANCE WITH RESPECT TO
OFFENSES INVOLVING BIOLOGICAL AND CHEMICAL WEAPONS.
(a) Biological Weapons of Mass Destruction.--Section 175 of title
18, United States Code, is amended by adding at the end the following:
``(c)(1) Military Assistance.--The Attorney General may request
that the Secretary of Defense provide assistance in support of
Department of Justice activities relating to the enforcement of this
section in an emergency situation involving biological weapons of mass
destruction. Department of Defense resources, including personnel of
the Department of Defense, may be used to provide such assistance if--
``(A) the Secretary of Defense and the Attorney General
determine that an emergency situation involving biological
weapons of mass destruction exists; and
``(B) the Secretary of Defense determines that the
provision of such assistance will not adversely affect the
military preparedness of the United States.
``(2) As used in this section, `emergency situation involving
biological weapons of mass destruction' means a circumstance involving
a biological weapon of mass destruction--
``(A) that poses a serious threat to the interests of the
United States; and
``(B) in which--
``(i) civilian expertise is not readily available
to provide the required assistance to counter the
threat posed by the biological weapon of mass
destruction involved;
``(ii) Department of Defense special capabilities
and expertise are needed to counter the threat posed by
the biological weapon of mass destruction involved; and
``(iii) enforcement of the law would be seriously
impaired if the Department of Defense assistance were
not provided.
``(3) The assistance referred to in paragraph (1) includes the
operation of equipment (including equipment made available under
section 372 of title 10) to monitor, contain, disable, or dispose of a
biological weapon of mass destruction or elements of the weapon.
``(4) The Attorney General and the Secretary of Defense shall
jointly issue regulations concerning the types of assistance that may
be provided under this subsection. Such regulations shall also describe
the actions that Department of Defense personnel may take in
circumstances incident to the provision of assistance under this
subsection. Such regulations shall not authorize arrest or any
assistance in conducting searches and seizures that seek evidence
related to violations of this section, except for the immediate
protection of human life.
``(5) The Secretary of Defense shall require reimbursement as a
condition for providing assistance under this subsection in accordance
with section 377 of title 10.
``(6)(A) Except to the extent otherwise provided by the Attorney
General, the Deputy Attorney General may exercise the authority of the
Attorney General under this subsection. The Attorney General may
delegate the Attorney General's authority under this subsection only to
the Associate Attorney General or an Assistant Attorney General and
only if the Associate Attorney General or Assistant Attorney General to
whom delegated has been designated by the Attorney General to act for,
and to exercise the general powers of, the Attorney General.
``(B) Except to the extent otherwise provided by the Secretary of
Defense, the Deputy Secretary of Defense may exercise the authority of
the Secretary of Defense under this subsection. The Secretary of
Defense may delegate the Secretary's authority under this subsection
only to an Under Secretary of Defense or an Assistant Secretary of
Defense and only if the Under Secretary or Assistant Secretary to whom
delegated has been designated by the Secretary to act for, and to
exercise the general powers of, the Secretary.''.
(b) Chemical Weapons of Mass Destruction.--The chapter 113B of
title 18, United States Code, that relates to terrorism, is amended by
inserting after section 2332a the following:
``Sec. 2332b. Use of chemical weapons
``(a) Offense.--A person who without lawful authority uses, or
attempts or conspires to use, a chemical weapon--
``(1) against a national of the United States while such
national is outside of the United States;
``(2) against any person within the United States; or
``(3) against any property that is owned, leased or used by
the United States or by any department 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) Definitions.--For purposes of this section--
``(1) the term `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) the term `chemical weapon' means any weapon that is
designed to cause widespread death or serious bodily injury
through the release, dissemination, or impact of toxic or
poisonous chemicals or their precursors.
``(c)(1) Military Assistance.--The Attorney General may request
that the Secretary of Defense provide assistance in support of
Department of Justice activities relating to the enforcement of this
section in an emergency situation involving chemical weapons of mass
destruction. Department of Defense resources, including personnel of
the Department of Defense, may be used to provide such assistance if--
``(A) the Secretary of Defense and the Attorney General
determine that an emergency situation involving chemical
weapons of mass destruction exists; and
``(B) the Secretary of Defense determines that the
provision of such assistance will not adversely affect the
military preparedness of the United States.
``(2) As used in this section, `emergency situation involving
chemical weapons of mass destruction' means a circumstance involving a
chemical weapon of mass destruction--
``(A) that poses a serious threat to the interests of the
United States; and
``(B) in which--
``(i) civilian expertise is not readily available
to provide the required assistance to counter the
threat posed by the chemical weapon of mass destruction
involved;
``(ii) Department of Defense special capabilities
and expertise are needed to counter the threat posed by
the biological weapon of mass destruction involved; and
``(iii) enforcement of the law would be seriously
impaired if the Department of Defense assistance were
not provided.
``(3) The assistance referred to in paragraph (1) includes the
operation of equipment (including equipment made available under
section 372 of title 10) to monitor, contain, disable, or dispose of a
chemical weapon of mass destruction or elements of the weapon.
``(4) The Attorney General and the Secretary of Defense shall
jointly issue regulations concerning the types of assistance that may
be provided under this subsection. Such regulations shall also describe
the actions that Department of Defense personnel may take in
circumstances incident to the provision of assistance under this
subsection. Such regulations shall not authorize arrest or any
assistance in conducting searches and seizures that seek evidence
related to violations of this section, except for the immediate
protection of human life.
``(5) The Secretary of Defense shall require reimbursement as a
condition for providing assistance under this subsection in accordance
with section 377 of title 10.
``(6)(A) Except to the extent otherwise provided by the Attorney
General, the Deputy Attorney General may exercise the authority of the
Attorney General under this subsection. The Attorney General may
delegate the Attorney General's authority under this subsection only to
the Associate Attorney General or an Assistant Attorney General and
only if the Associate Attorney General or Assistant Attorney General to
whom delegated has been designated by the Attorney General to act for,
and to exercise the general powers of, the Attorney General.
``(B) Except to the extent otherwise provided by the Secretary of
Defense, the Deputy Secretary of Defense may exercise the authority of
the Secretary of Defense under this subsection. The Secretary of
Defense may delegate the Secretary's authority under this subsection
only to an Under Secretary of Defense or an Assistant Secretary of
Defense and only if the Under Secretary or Assistant Secretary to whom
delegated has been designated by the Secretary to act for, and to
exercise the general powers of, the Secretary.''.
(c)(1) Civilian expertise.--The President shall take reasonable
measures to reduce civilian law enforcement officials' reliance on
Department of Defense resources to counter the threat posed by the use
or potential use of biological and chemical weapons of mass destruction
within the United States, including--
(A) increasing civilian law enforcement expertise to
counter such threat;
(B) improving coordination between civilian law enforcement
officials and other civilian sources of expertise, both within
and outside the Federal Government, to counter such threat.
(2) Report requirement.--The President shall submit to the
Congress--
(A) ninety days after the date of enactment of this Act, a
report describing the respective policy functions and
operational roles of Federal agencies in countering the threat
posed by the use or potential use of biological and chemical
weapons of mass destruction within the United States;
(B) one year after the date of enactment of this Act, a
report describing the actions planned to be taken and the
attendant cost pertaining to paragraph (1); and
(C) three years after the date of enactment of this Act, a
report updating the information provided in the reports
submitted pursuant to subparagraphs (A) and (B), including
measures taken pursuant to paragraph (1).
(d) Clerical Amendment.--The chapter analysis for chapter 113B of
title 18, United States Code, is amended by inserting after the item
relating to section 2332a the following:
``2332b. Use of chemical weapons.''.
(e) Use of Weapons of Mass Destruction.--Section 2332a(a) of title
18, United States Code, is amended by inserting ``without lawful
authority'' after ``A person who''.
SEC. 909. REVISION TO EXISTING AUTHORITY FOR MULTIPOINT WIRETAPS.
(a) Section 2518(11)(b)(ii) of title 18 is amended: by deleting
``of a purpose, on the part of that person, to thwart interception by
changing facilities.'' and inserting ``that the person had the intent
to thwart interception or that the person's actions and conduct would
have the effect of thwarting interception from a specified facility.''.
(b) Section 2518(11)(b)(iii) is amended to read:
``(iii) the judge finds that such showing has been
adequately made.''.
SEC. 910. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE UNITED
STATES PARK POLICE.
(a) In General.--There are authorized to be appropriated from the
General Fund of the Treasury for the activities of the United States
Park Police, to help meet the increased needs of the United States Park
Police, $1,000,000 for each of the fiscal years 1996, 1997, 1998, 1999,
and 2000.
(b) Availability of Funds.--Funds made available pursuant to this
section, in any fiscal year, shall remain available until expended.
SEC. 911. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS.
(a) In General.--There are authorized to be appropriated from the
General Fund of the Treasury for the activities of the Administrative
Office of the United States Courts, to help meet the increased needs of
the Administrative Office of the United States Courts, $4,000,000 for
each of the fiscal years 1996, 1997, 1998, 1999, and 2000.
(b) Availability of Funds.--Funds made available pursuant to this
section, in any fiscal year, shall remain available until expended.
SEC. 912. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE UNITED
STATES CUSTOMS SERVICE.
(a) In General.--There are authorized to be appropriated from the
General Fund of the Treasury for the activities of the United States
Customs Service, to help meet the increased needs of the United States
Customs Service, $10,000,000 for each of the fiscal years 1996, 1997,
1998, 1999, and 2000.
(b) Availability of Funds.--Funds made available pursuant to this
section, in any fiscal year, shall remain available until expended.
SEC. 913. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby.
TITLE X--VICTIMS OF TERRORISM ACT
SEC. 1001. TITLE.
This title may be cited as the ``Victims of Terrorism Act of
1995''.
SEC. 1002. AUTHORITY TO PROVIDE ASSISTANCE AND COMPENSATION TO VICTIMS
OF TERRORISM.
The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is
amended by inserting after section 1404A the following new section:
``SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM OR
MASS VIOLENCE.
``(a) Victims of Acts of Terrorism Outside the United States.--The
Director may make supplemental grants to States to provide compensation
and assistance to the residents of such States who, while outside the
territorial boundaries of the United States, are victims of a terrorist
act or mass violence and are not persons eligible for compensation
under title VIII of the Omnibus Diplomatic Security and Antiterrorism
Act of 1986.
``(b) Victims of Domestic Terrorism.--The Director may make
supplemental grants to States for eligible crime victim compensation
and assistance programs to provide emergency relief, including crisis
response efforts, assistance, training, and technical assistance, for
the benefit of victims of terrorist acts or mass violence occurring
within the United States and may provide funding to United States
Attorney's Offices for use in coordination with State victims
compensation and assistance efforts in providing emergency relief.''.
SEC. 1003. FUNDING OF COMPENSATION AND ASSISTANCE TO VICTIMS OF
TERRORISM, MASS VIOLENCE, AND CRIME.
Section 1402(d)(4) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(d)(4)) is amended to read as follows:
``(4)(A) If the sums available in the Fund are sufficient
to fully provide grants to the States pursuant to section
1403(a)(1), the Director may retain any portion of the Fund
that was deposited during a fiscal year that was in excess of
110 percent of the total amount deposited in the Fund during
the preceding fiscal year as an emergency reserve. Such reserve
shall not exceed $50,000,000.
``(B) The emergency reserve may be used for supplemental
grants under section 1404B and to supplement the funds
available to provide grants to States for compensation and
assistance in accordance with sections 1403 and 1404 in years
in which supplemental grants are needed.''.
SEC. 1004. CRIME VICTIMS FUND AMENDMENTS.
(a) Unobligated Funds.--Section 1402 of the Victims of Crime Act of
1984 (42 U.S.C. 10601) is amended--
(1) in subsection (c), by striking ``subsection'' and
inserting ``chapter''; and
(2) by amending subsection (e) to read as follows:
``(e) Amounts Awarded and Unspent.--Any amount awarded as part of a
grant under this chapter that remains unspent at the end of a fiscal
year in which the grant is made may be expended for the purpose for
which the grant is made at any time during the 2 succeeding fiscal
years, at the end of which period, any remaining unobligated sums shall
be returned to the Fund.''.
(b) Base Amount.--Section 1404(a)(5) of such Act (42 U.S.C.
10603(a)(5)) is amended to read as follows:
``(5) As used in this subsection, the term `base amount'
means--
``(A) except as provided in subparagraph (B),
$500,000; and
``(B) for the territories of the Northern Mariana
Islands, Guam, American Samoa, and Palau, $200,000.''.
Passed the Senate June 7 (legislative day, June 5), 1995.
Attest:
Secretary.
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104th CONGRESS
1st Session
S. 735
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AN ACT
To prevent and punish acts of terrorism, and for other purposes.