[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 735 Introduced in Senate (IS)]
1st Session
S. 735
To prevent and punish acts of terrorism, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27 (legislative day, April 24), 1995
Mr. Dole (for himself, Mr. Hatch, Mr. Nickles, Mr. Thurmond, Mr.
Simpson, Mr. Brown, Mr. Kyl, and Mr. Gramm) introduced the following
bill; which was read the first time
_______________________________________________________________________
A BILL
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. Firearms and explosives.
Sec. 106. Penalty for possession of stolen explosives.
Sec. 107. Enhanced penalties for use of explosives or arson.
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. Technology transfers to terrorist states.
Sec. 208. Report on support for international terrorists.
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. Study and report on domestic terrorism.
Sec. 502. Federal Bureau of Investigation counterintelligence.
Sec. 503. Administrative subpoenas for common carriers and innkeepers.
Sec. 504. Increase in maximum rewards for information concerning
international terrorism.
Sec. 505. Federal Bureau of Investigation report.
Subtitle B--Intelligence
Sec. 511. Study and report on electronic surveillance.
Sec. 512. Wiretap authority for terrorism and related offenses.
Sec. 513. Participation of foreign and State government personnel in
interceptions of communications.
Sec. 514. Disclosure of intercepted communications to foreign law
enforcement agencies.
Sec. 515. Authorization for interceptions of communications in certain
terrorism related offenses.
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. Funding source.
TITLE VI--TERRORIST INTERDICTION
Sec. 601. Terrorist interdiction.
TITLE VII--CRIMINAL PROCEDURAL IMPROVEMENTS
Subtitle A--Habeas Corpus Reform
Sec. 701. Filing deadlines.
Sec. 702. Appeal.
Sec. 703. Amendment of Federal Rules of Appellate Procedure.
Sec. 704. Section 2254 amendments.
Sec. 705. Section 2255 amendments.
Sec. 706. Limits on second or successive applications.
Sec. 707. Death penalty litigation procedures.
Sec. 708. Technical amendment.
Subtitle B--Criminal Procedural Improvements
Sec. 721. Clarification and extension of criminal jurisdiction over
certain terrorism offenses overseas.
Sec. 722. Extension of territorial sea.
Sec. 723. Jurisdiction of United States courts over acts of
international terrorism.
Sec. 724. Addition of foreign murder as a money laundering predicate.
Sec. 725. Expansion of weapons of mass destruction statute.
Sec. 726. Addition of terrorist offenses to the RICO statute.
Sec. 727. Addition of terrorism offenses to the money laundering
statute.
Sec. 728. Clarification of maritime violence jurisdiction.
Sec. 729. Protection of current or former officials, officers, or
employees of the United States.
Sec. 730. Addition of conspiracy to terrorism offenses.
Sec. 731. Pretrial detention for possession of firearms or explosives
by convicted felons.
Sec. 732. Inclusion of alien smuggling as a RICO predicate.
TITLE VIII--MARKING OF PLASTIC EXPLOSIVES
Sec. 801. Implementation of the convention on the marking of plastic
explosives.
Sec. 802. Study on tagging of explosive materials.
TITLE IX--MISCELLANEOUS PROVISIONS
Sec. 901. Severability.
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) Purpose.--The purpose of this section is to provide Federal
law enforcement the fullest possible basis allowed under the
Constitution to address acts of international terrorism occurring
within the United States.
``(b) Prohibited Acts.--
``(1) Whoever, in a circumstance described in subsection
(c)--
``(A) kills, kidnaps, maims, commits an assault
resulting in serious bodily injury, or assaults with a
dangerous weapon any individual within the United
States; or
``(B) destroys or damages any structure, conveyance
or other real or personal property within the United
States,
in violation of the laws of any State or the United States
shall be punished as prescribed in subsection (d).
``(2) Whoever threatens, attempts, or conspires to commit
an offense under subsection (b)(1) shall be punished under
subsection (d).
``(c) Jurisdictional Bases.--
``(1) This section applies to conduct described in
subsection (b) if--
``(A) the mail, or any facility utilized in
interstate commerce, is used in furtherance of the
commission of the offense or to effect the escape of
any offender after the commission of such offense;
``(B) 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;
``(C) 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;
``(D) 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
``(E) 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 (b) if at least one of the circumstances
described in paragraph (1) is applicable to at least one
offender.
``(d) 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 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.
``(3) Notwithstanding any other provision of law, a term of
imprisonment imposed under this section shall not run
concurrently with any other term of imprisonment.
``(e) 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.
``(f) Investigative Responsibility.--Violations of this section
shall be investigated by the Attorney General. Assistance may be
requested from any Federal, State, or local agency, including the Army,
Navy, and Air Force, any statute, rule, or regulation to the contrary
notwithstanding.
``(g) Evidence.--
``(1) 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.
``(2) In a prosecution under this section that is based
upon the adoption of State law, only the elements of the
offense under State law, and not any provisions pertaining to
criminal procedure or evidence, are adopted.
``(h) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over--
``(1) any offense under subsection (b), including any
threat, attempt, or conspiracy to commit such offense; and
``(2) conduct that, under section 3 of this title, renders
any person an accessory after the fact to an offense under
subsection (b).
``(i) Definitions.--As used in this section--
``(1) the term `commerce' has the meaning given such term
in section 1951(b)(3) of this title;
``(2) the term `facility utilized in any manner in
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) of this title;
``(5) the term `State' includes a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States; and
``(6) 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 non-
capital offense'';
(2) by striking ``36'' and inserting ``37'';
(3) by striking ``2331'' and inserting ``2332'';
(4) by striking ``2339'' and inserting ``2332a''; and
(5) by inserting ``2332b (acts of terrorism transcending
national boundaries),'' after ``(use of weapons of mass
destruction),''.
(e) Presumptive Detention.--Section 3142(e) of title 18, United
States Code, is amended by inserting ``or section 2332b'' after
``section 924(c)''.
(f) Wiretap Amendment.--Section 2518(11)(b)(ii) of title 18, United
States Code, is amended--
(1) by inserting ``(A)'' before ``thwart'' and
(2) by inserting ``, or (B) commit a violation of section
2332b of this title'' after ``facilities''.
SEC. 103. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS.
(a) 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 are located, to commit at any place outside the
United States an act that would constitute the offense of murder,
kidnapping, or maiming if committed in the special maritime and
territorial jurisdiction of the United States, shall, if 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 subsection (a)(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 are 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) 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) Title 18, United States Code, is amended--
(1) in section 114, by striking ``maim or disfigure'' and
inserting ``torture, maim, or disfigure'';
(2) in section 371, by striking ``five years'' and
inserting ``20 years'';
(3) in section 755, by striking ``two years'' and inserting
``five years'';
(4) in section 756, by striking ``one year'' and inserting
``five years'';
(5) in section 878(a), by striking ``by killing,
kidnapping, or assaulting a foreign official, official guest,
or internationally protected person'';
(6) in section 1113, by striking ``three years or fined''
and inserting ``seven years'';
(7) in section 1116(a), by inserting ``or to death,'' after
``imprisonment for life,''; and
(8) in section 2332(c), by striking ``five'' and inserting
``ten''.
(b) Section 1472(l)(1) of title 49 App., United States Code is
amended by striking ``one'' and inserting ``ten''.
SEC. 105. FIREARMS AND EXPLOSIVES.
Section 924 of title 18, United States Code, is amended--
(1) in subsection (h)--
(A) by inserting ``or explosive materials (as
defined in section 841)'' after ``knowingly transfers a
firearm''; and
(B) by striking ``not more than 10 years'' and
inserting ``not less than 10 years''; and
(2) by adding at the end the following new subsection:
``(o) 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. 106. PENALTY FOR POSSESSION OF STOLEN EXPLOSIVES.
Section 842(h) of title 18, United States Code, is amended by
striking ``to receive'' and inserting ``to possess, receive''.
SEC. 107. ENHANCED PENALTIES FOR USE OF EXPLOSIVES OR ARSON.
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,
possessed, or used by, or leased to, the United States, any department
or agency thereof, or any institution or organization receiving Federal
financial assistance shall be imprisoned for 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, or
both.
``(2) Whoever engages in conduct prohibited by this subsection
shall be imprisoned 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, or both, if the conduct results
in personal injury to any person, including any public safety officer
performing duties, as a direct or proximate result of such conduct.
``(3) Whoever engages in conduct prohibited by this subsection
shall be imprisoned for any term of years, for life, or sentenced to
death, fined the greater of $200,000 or the cost of repairing or
replacing any property that is damaged or destroyed, or both, if the
conduct results in death to any person, including any public safety
officer performing duties, as a direct or proximate result of such
conduct.'';
(3) in subsection (h)--
(A) in the first sentence by striking ``5 years but
not more than 15 years'' and inserting ``10 years'';
and
(B) in the second sentence by striking ``10 years
but not more than 25 years'' and inserting ``20
years''; and
(4) in subsection (i)--
(A) by striking ``not more than 20 years, fined the
greater of 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''.
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 make efforts to counter
international terrorism a national security priority, including
the establishment of an office in the White House to coordinate
United States Government efforts to counter terrorism;
(3) the President should undertake immediate efforts to
organize an international conference, under the auspices of the
United Nations, to discuss cooperative, multilateral responses
to the threat of international terrorism;
(4) the President should use all necessary means, including
covert action and military force, to disrupt, dismantle and
destroy infrastructure used by international terrorists,
including 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 to allow
airline flights to and from Libya despite Libya's noncompliance
with United Nations resolutions; and
(6) the President should 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 is amended by adding immediately
after section 620F the following new section:
``SEC. 620G. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST
STATES.
``No assistance under this Act shall be provided to 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.''.
SEC. 203. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY
EQUIPMENT TO TERRORIST STATES.
The Foreign Assistance Act of 1961, as amended by section 202, is
further 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.
``No assistance under this Act may be provided to any country that
provided military equipment through lease, loan, grant, sale, or other
means in the previous fiscal year to any country for which the
Secretary of State has made a determination under section 620A, unless
the President determines and reports to Congress, not later than 15
days prior to providing such assistance, in accordance with the
procedures in section 634A, that such assistance is in the national
security interest of the United States.''.
SEC. 204. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL
INSTITUTIONS TO TERRORIST STATES.
The International Financial Institutions Act 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 or section 620A of the Foreign Assistance
Act of 1961.
``(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 may 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.--Notwithstanding any other
provision of law (except section 620A of the Foreign Assistance Act of
1961) not more than $1,000,000 in assistance may be provided to a
foreign country for counterterrorism efforts in any fiscal year if--
(1) such assistance is 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.
Section 1605 of title 28, United States Code, is amended by
inserting after subsection (d), the following new section:
``(e) A foreign country designated as a state sponsor of terrorism
under section 6(j) of the Export Administration Act of 1979 or section
620A of the Foreign Assistance Act of 1961 shall not be immune from the
jurisdiction of the courts of the United States.''.
SEC. 207. TECHNOLOGY TRANSFERS TO TERRORIST STATES.
(a) Critical Technology.--The Secretary of State shall provide an
annual report to the Speaker of the House of Representatives and to the
Chairman of the Committee on Foreign Relations of the United States
Senate including a list of all products and technologies that could be
used to promote or engage in terrorist acts, including necessary
support equipment, which shall be designated as ``critical technology''
for the purposes of this Act.
(b) Technology Transfers.--Notwithstanding any other provision of
law, no product or technology manufactured or developed in the United
States or by a subsidiary of a United States body that has been
determined by the Secretary of State to be critical technology or
product under section (a) may be sold by the United States Government
or by private United States commercial interests to a state sponsor of
terrorism as determined by the Secretary of State under section 6(j) of
the Export Administration Act of 1979 or section 620A of the Foreign
Assistance Act of 1961 to any entity or organization operating within
such a state sponsor of terrorism.
SEC. 208. 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 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;
(2) 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
(3) United States Government efforts to implement this
title.
TITLE III--ALIEN REMOVAL
SEC. 301. ALIEN TERRORIST REMOVAL.
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting immediately after section 242B the following new
section:
``removal of alien terrorists
``Sec. 242C. (a) Definitions.--As used in this section--
``(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
subsection (d) of this section; and
``(5) the term `special removal hearing' means the hearing
described in subsection (f) of this section.
``(b) 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.
``(c) 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 (b), 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 (b) shall be given a release hearing before the
special court designated pursuant to subsection (d).
``(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 admitted for permanent
residence 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.
``(d) 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 1803(a) of title 50, United States Code.
``(e) Invocation of Special Court Procedure.--(1) When the Attorney
General makes the application described in subsection (b), 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 (f), 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
``(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.
``(f) Special Removal Hearing.--(1) Except as provided in paragraph
(4), the special removal hearing authorized by a showing of probable
cause described in subsection (e)(2) shall be open to the public.
``(2) The alien shall have a right to be present at such hearing
and to be represented by counsel. Any alien financially unable to
obtain counsel shall be entitled to have counsel assigned to represent
such alien. Counsel may be appointed as described in section 3006A of
title 18, United States Code.
``(3) The alien shall have a right to introduce evidence on his own
behalf, and except as provided in paragraph (4), shall have a right to
cross-examine any witness or request that the judge issue a subpoena
for the presence of a named witness.
``(4) The judge shall authorize the introduction in camera and ex
parte of any item of 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 also submit
to the court either--
``(A) a statement admitting relevant facts that the
specific evidence would tend to prove; or
``(B) a summary of the specific evidence prepared in
accordance with paragraph (5).
``(5)(A) The information submitted under paragraph (4)(B) shall
contain a summary of the classified information that does not pose a
risk to national security.
``(B) The judge shall approve the summary if the judge finds that
the summary is sufficient to inform the alien of the general nature of
the evidence that such person is an alien as described in section
241(a), and to permit the alien to prepare a defense.
``(C) The Attorney General shall cause to be delivered to the alien
of a copy of the summary approved under subparagraph (B).
``(6) If the judge determines that the substituted evidence
described in paragraph (4)(B) will provide the alien with substantially
the same ability to make his defense as would disclosure of the
specific evidence, then the determination of deportation (described in
subsection (g)) may be made pursuant to this section.
``(g) Determination of Deportation.--If the determination in
subsection (f)(6) has been made, 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).
``(h) Appeals.--(1) The alien may appeal a determination under
subsection (g) 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.
``(2) The Attorney General may appeal a determination under
subsection (e), (f), or (g) to the court of appeals for the Federal
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) When requested by the Attorney General, the entire record of
the proceeding under this section shall be transmitted to the court of
appeals under seal. The court of appeals shall consider such appeal in
camera and ex parte.''.
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) 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. As used in clause (B)(i), the
term `representative' includes an officer,
official, or spokesman of the organization and
any person who directs, counsels, commands, or
induces such organization or its members to
engage 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 which the actor knows, or reasonably
should know, affords material support to any
individual, organization, or government which
the actor knows or reasonably should know has
committed or 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, in terrorism activity,
regardless of any legitimate activities
conducted by the organization or its
subgroups; and
``(II) an organization designated
by the President under section 2339B of
title 18.
``(v) Terrorism defined.--As used in this
Act, the term `terrorism' means premeditated,
politically motivated violence perpetrated
against noncombatant targets.''.
(b) 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 has engaged, is
engaged, or at any time after entry engages in any terrorism
activity (as defined in section 212(a)(3)(B)).''.
(c) 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) 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
comprehend access to classified information, whether or not introduced
in evidence against the alien. The provisions and requirements of
section 3504 of title 18, United States Code, and 18 U.S.C. 3504 and
the International Emergency and Economic Powers Act (50 U.S.C. 1801 et
seq.) shall not apply in such cases.''.
SEC. 304. ACCESS TO CERTAIN CONFIDENTIAL IMMIGRATION AND NATURALIZATION
FILES THROUGH COURT ORDER.
(a) Section 245A(c)(5)(C) of the Immigration and Nationality Act (8
U.S.C. 1255a(c)(5)(C)) is amended by striking ``General may provide''
through the period and inserting the following: ``General may--
``(i) provide, in the Attorney General's
discretion, for the furnishing of information
furnished under this section in the same manner
and circumstances as census information may be
disclosed by the Secretary of Commerce under
section 8 of title 13, United States Code; 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 (as a result of
an investigation of the alien by an
investigative officer or law enforcement
officer) that is necessary to locate and
identify the alien if--
``(I) such disclosure may result in
the discovery of information leading to
the location or identity of the alien;
``(II) such information is to be
used for identification of the alien
when there is reason to believe that
the alien has been killed or severely
incapacitated;
``(III) such disclosure may result
in the discovery of information leading
to the location or identity of the
alien;
``(IV) such disclosure (and the
information discovered as a result of
such disclosure) will be used only for
criminal law enforcement purposes as
against the alien whose file is being
accessed;
``(V) may furnish information under
this section with respect to an alien
to an official coroner (upon the
written request of the coroner) for the
purposes of permitting the coroner to
identify a deceased individual; and
``(VI) may provide, in the Attorney
General's discretion, for the
furnishing of information furnished
under this section in the same manner
and circumstances as census information
may be disclosed to the Secretary of
Commerce under section 8 of title 13,
United States Code.''.
(b) Section 210(b) of the Immigration and Nationality Act (8 U.S.C.
1160(b)) is amended--
(1) in paragraph (5), by inserting before the period at the
end the following: ``, except as allowed by a court order
issued pursuant to paragraph (6) of this subsection''; and
(2) in paragraph (6)--
(A) by striking the period at the end of
subparagraph (C) and inserting a comma; and
(B) by inserting before ``Anyone who uses'' the
following: ``except 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
(A) for identification of the alien when there is
reason to believe that the alien has been killed or
severely incapacitated, or (B) for criminal law
enforcement purposes against the alien whose
application is to be disclosed.''.
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) 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
``(C) 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) Authority.--Notwithstanding any other provision of law, the
President is authorized to regulate or prohibit--
``(1) fundraising or the provision of funds for use by or
for the benefit of any foreign organization, including persons
assisting such organization in fundraising, that the President
has designated pursuant to subsection (c) as being engaged in
terrorism activities; or
``(2) financial transactions with any such foreign
organization,
within the United States or by any person subject to the jurisdiction
of the States anywhere.
``(c) Designation.--
``(1) Pursuant to the authority granted in subsection (b),
the President is authorized to designate 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 national security, foreign policy, or
economy of the United States.
``(2) The President shall prepare and transmit to Congress
a report containing a list of the organizations that the
President has determined engage in, or provide support for,
terrorism activity (as defined in section 212(a)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)).
``(3) Pursuant to the authority granted in subsection (b),
the President is authorized to designate persons who are
raising funds for, or acting for or on behalf of, any foreign
organization designated pursuant to paragraph (1).
``(4)(A) If the President 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
President may revoke such designation in whole or in part.
``(B) Not later than 7 calendar days after the President
makes a determination that an organization no longer engages
in, or supports, terrorism activity, the President shall
prepare and transmit to Congress a supplemental report stating
the reasons for the determination.
``(5) Any designation, or revocation thereof, issued
pursuant to this subsection shall be published in the Federal
Register and shall become effective immediately upon
publication.
``(6) Any revocation of a designation shall not affect any
action or proceeding based on any conduct committed prior to
the effective date of such revocation.
``(d) Judicial Review.--Persons or organizations designated by the
President as engaging in, or supporting, terrorism activities under
this section may appeal such designation in the District Court for the
District of Columbia not later than 30 days after publication of such
designation in the Federal Register.
``(e) Prohibited Activities.--
``(1) Except as authorized pursuant to the procedures in
subsection (f), 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 President under subsection (c), or to attempt
to do any of the foregoing.
``(2) It shall be unlawful for any person within the United
States or any person subject to the jurisdiction of the United
States anywhere, acting for or on behalf of any organization or
person designated under subsection (c)--
``(A) to transmit, transfer, or receive any funds
raised in violation of paragraph (1); or
``(B) to transmit, transfer, or dispose of any
funds in which any organization or person designated
pursuant to subsection (c) has an interest.
``(f) Authorized Transactions.--
``(1) The Secretary shall publish regulations, consistent
with this subsection, setting forth the procedures to be
followed by persons seeking to raise or provide funds for an
organization designated under subsection (c)(1).
``(2) Any person within the United States, or any person
subject to the jurisdiction of the United States anywhere, who
seeks to solicit funds for, or transfer funds to, any
organization or person designated under subsection (c) shall,
regardless of whether it has an agency relationship with the
designated organization or person, first obtain a license from
the Secretary and may solicit funds or transfer funds to a
designated organization or person only as permitted under the
terms of a license issued by the Secretary.
``(3) The Secretary shall grant a license only after the
person establishes to the satisfaction of the Secretary that--
``(A) the funds are intended to be used exclusively
for religious, charitable, literary, or educational, or
any other nonterrorist purposes; and
``(B) all recipient organizations in any
fundraising chain have effective procedures in place to
ensure that the funds--
``(i) will be used exclusively for
religious, charitable, literary, or
educational, or any other nonterrorist
purposes; and
``(ii) will not be used to offset a
transfer of funds to be used in terrorist
activity.
``(4) Any person granted a license shall maintain books and
records, as required by the Secretary, that establish the
source of all funds it receives, expenses it incurs, and
disbursements it makes. Such books and records shall be made
available for inspection not later than 3 business days after a
request by the Secretary. Any person granted a license shall
also have an agreement with any recipient organization or
person that the books and records of such organization or
person, wherever located, shall be made available for
inspection of the Secretary upon a request of the Secretary at
a place and time agreeable to the organization or person and
the Secretary.
``(5)(A) The licensing requirement established by this
subsection shall automatically expire upon publication of the
revocation of a designation under subsection (c)(4).
``(B) Any applicant denied a license under this subsection
may appeal to the District Court for the District of Columbia.
``(g) Special Requirements for Financial Institutions.--
``(1) Except as authorized by the Secretary 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 (c) 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 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.
``(h) Investigations.--Any investigation emanating from a possible
violation of this section, or of any license, order, or regulation
issued pursuant to this section, shall be conducted by the Attorney
General, except that investigations relating to--
``(1) a licensee's compliance with the terms of a license
issued by the Secretary pursuant to subsection (f);
``(2) a financial institution's compliance with the
requirements of subsection (g); and
``(3) civil penalty proceedings authorized pursuant to
subsection (j),
shall be conducted in coordination with the Attorney General by the
office within the Department of the Treasury responsible for licensing
and 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.
``(i) Recordkeeping and Reporting; Civil Procedures.--
``(1) Notwithstanding any other provision of law, in
exercising the authorities granted by this section, the
Secretary and the Attorney General may require any person to
keep a full record of, and to furnish under oath, in the form
of reports or otherwise, complete information relative to any
act or transaction referred to in this section either before,
during, or after the completion thereof, or relative to any
funds referred to in this section, or as may be necessary to
enforce the terms of this section. In any case in which a
report by a person could be required under this subsection, the
Secretary or the Attorney General may require the production of
any books of account, records, contracts, letters, memoranda,
or other papers or documents, whether maintained in hard copy
or electronically, in the control or custody of such person.
``(2) In carrying out this section, the Secretary and the
Attorney General may hold hearings, sign and issue subpoenas,
administer oaths, examine witnesses, and receive evidence.
``(3) In the case of contumacy by, or refusal to obey a
subpoena issued to, any person, the Attorney General may invoke
the aid of any court of the United States within the
jurisdiction of which the investigation is carried on or of
which the subpoenaed person is an inhabitant, or in which the
subpoenaed person carries on business or may be found, to
compel compliance with the subpoena. The court may issue an
order requiring the subpoenaed person to appear before the
agency issuing the subpoena, or other order or direction, to
produce records, if so ordered, or to give testimony touching
the matter under investigation. Any failure to obey the order
of the court may be punished by the court as a contempt
thereof. All process in any such case may be served in any
judicial district in which such person may be found.
``(j) Penalties.--
``(1) Any person who, with knowledge that the donee is a
designated entity, violates subsection (e) shall be fined under
this title, or imprisoned for up to ten years, or both.
``(2)(A) Any person who fails to maintain or to make
available to the Secretary upon his request or demand the books
or records required by subsection (f), or by regulations
promulgated thereunder, shall be subject to a civil penalty of
$50,000 or twice the amount of money which would have been
documented had the books and records been properly maintained,
whichever is greater.
``(B) Any person who fails to take the actions required of
financial institutions pursuant to subsection (g)(1), 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.
``(C) Except as otherwise specified in this section, any
person who violates any license, order, direction, or
regulation issued pursuant to this section shall be subject to
a civil penalty of $50,000 per violation, or twice the value of
the violation, whichever is greater.
``(3) Any person who intentionally fails to maintain or to
make available to the Secretary the books or records required
by subsection (i), or by regulations promulgated thereunder,
shall be fined under this title, or imprisoned for up to 5
years, or both.
``(4) Any organization convicted of an offense under
paragraph (1) or (3) of subsection (i) shall, upon conviction,
forfeit any charitable designation it might have received under
the Internal Revenue Code.
``(k) 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.
``(l) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section.
``(m) 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 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 a 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) a 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 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.
``(n) 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) the term `financial institution' has the meaning
prescribed in section 5312(a)(2) of title 31, United States
Code, including any regulations promulgated thereunder;
``(3) 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;
``(4) the term `national security' means the national
defense and foreign relations of the United States;
``(5) the term `person' includes an individual,
partnership, association, group, corporation, or other
organization;
``(6) the term `Secretary' means the Secretary of the
Treasury; and
``(7) 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 120005 of Public Law 103-322, September 13, 1994, is
amended to read at the time of its enactment on September 13, 1994, as
follows:
``(a) Offense.--Chapter 113A of title 18, United States Code, is
amended by adding the following new section:
``Sec. 2339A. Providing material support to terrorists
``(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, 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
ten years, or both.''.
TITLE V--ASSISTANCE TO FEDERAL LAW ENFORCEMENT AGENCIES
Subtitle A--Antiterrorism Assistance
SEC. 501. STUDY AND REPORT ON DOMESTIC TERRORISM.
(a) Study.--The Director of the Federal Bureau of Investigation
shall study all applicable guidelines and laws regulating domestic
surveillance.
(b) Report.--Not later than 30 days after the date of enactment of
this Act, the Director of the Federal Bureau of Investigation shall
report to Congress the findings of the review of laws and guidelines
conducted pursuant to subsection (a), and shall provide suggestions, to
the extent that any changes in current policy are needed, for enhancing
domestic surveillance in support of investigations.
SEC. 502. FEDERAL BUREAU OF INVESTIGATION COUNTERINTELLIGENCE.
(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 FEDERAL BUREAU OF INVESTIGATION FOR
COUNTERINTELLIGENCE PURPOSES.
``(a) Identity of Financial Institutions.--Notwithstanding section
604 or any other provision of this title, a consumer reporting agency
shall 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, when presented with a
written request for that information, signed by the Director of the
Federal Bureau of Investigation, or the Director's designee, which
certifies compliance with this section. The Director or the Director's
designee may make such a certification only if the Director or the
Director's designee has determined in writing that--
``(1) such information is necessary for the conduct of an
authorized foreign counterintelligence investigation; and
``(2) there are specific and articulable facts giving
reason to believe that the consumer--
``(A) 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
``(B) 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.
``(b) Identifying Information.--Notwithstanding section 604 or any
other provision of this title, a consumer reporting agency shall
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 when presented with
a written request, signed by the Director or the Director's designee,
which certifies compliance with this subsection. The Director or the
Director's designee may make such a certification only if the Director
or the Director's designee has determined in writing that--
``(1) such information is necessary to the conduct of an
authorized counterintelligence investigation; and
``(2) 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).
``(c) Court Order for Disclosure of Consumer Reports.--
Notwithstanding section 604 or any other provision of this title, if
requested in writing by the Director of the Federal Bureau of
Investigation, or a 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--
``(1) the consumer report is necessary for the conduct of
an authorized foreign counterintelligence investigation; and
``(2) there are specific and articulable facts giving
reason to believe that the consumer whose consumer report is
sought--
``(A) is an agent of a foreign power; and
``(B) 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.
The terms of an order issued under this subsection shall not disclose
that the order 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 shall,
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; and
``(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 or information from the Congress.
``(h) Reports to Congress.--On a semiannual basis, the Attorney
General of the United States 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.
``(l) Limitation of Remedies.--Notwithstanding any other provision
of this title, the remedies and sanctions set forth in this section
shall be the only judicial remedies and sanctions for violation of this
section.
``(m) 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
counterintelligence purposes.''.
SEC. 503. ADMINISTRATIVE SUBPOENAS FOR COMMON CARRIERS AND INNKEEPERS.
(a) In General.--Title 28, United States Code, is amended by
inserting after section 537 the following new section:
``Sec. 538. Administrative summons authority for common carriers and
innkeepers
``(a) Issuance.--
``(1) Authority.--Pursuant to regulations promulgated by
the Attorney General in consultation with the Director of the
Federal Bureau of Investigation, the Director, and supervisory
level special agents of the Federal Bureau of Investigation
designated by the Director may issue in writing and cause to be served
upon a common carrier or innkeeper, a summons requiring the common
carrier or innkeeper to produce the materials at the place designated
in the summons, upon a determination that the common carrier or
innkeeper may possess, or have care, custody, or control of any books,
records, papers, documents, or other tangible things or objects, in any
form, that may be relevant to a foreign counterintelligence activity.
``(2) Contents.--The summons shall--
``(A) describe the materials to be produced with
reasonably sufficient clarity and particularity to
enable the materials to be identified; and
``(B) prescribe a return date that provides a
reasonable period of time within which the material can
be assembled and made available.
``(b) Service.--A summons issued under this section may be served
by any person designated in the summons to serve it. Service upon a
natural person may be made by personal delivery of the summons to the
person. Service may be made upon a domestic or foreign corporation or
upon a partnership or other unincorporated association by delivering
the summons personally or by certified or registered mail to an
officer, managing or general agent, or any other agent authorized by
appointment, or by law of any State or jurisdiction, to receive service
of process. The affidavit of the person serving the summons shall be
proof of service.
``(c) Place of Service.--A summons issued under this section may be
served at any place within the United States or any place subject to
the laws or the jurisdiction of the United States.
``(d) Enforcement.--
``(1) Refusal to obey.--In the case of contumacy, neglect,
or refusal to obey a summons issued to and served upon any
person pursuant to this section, the Attorney General or a
designee of the Attorney General may invoke the aid of any
court of the United States within which the investigation is
pending, the summons was served, or the summoned person carries
on business or may be found, to compel compliance with the
summons. All process in any such case may be served in any
judicial district in which such person may be found.
``(2) Petition.--(A) Not later than 10 days after the
earlier of the service of a summons upon a common carrier or
innkeeper, or at any time before the return date specified in
the summons, the common carrier or innkeeper may file in the
district court of the United States for the judicial district
in which the investigation is pending, a petition for an order
modifying or setting aside the summons issued pursuant to
subsection (a), or a prohibition of disclosure order obtained
or a certification issued by the Government pursuant to
subsection (f).
``(B) The petition shall specify each ground upon which the
petitioner relies in seeking relief.
``(C) An order or certification of nondisclosure pursuant
to subsection (f) shall not be grounds for a petition to modify
or set aside the summons.
``(D) The time allowed for initiation of formal criminal
proceedings under any applicable statute of limitations shall
be tolled while the petition is pending in court or on appeal.
``(3) Jurisdiction of district courts.--The district courts
of the United States shall have jurisdiction to hear and
determine the matters arising under this section, and to enter
such orders as may be required to effectuate the provisions of
this section. Any failure to obey the order entered by the
district judge may be punished as a contempt thereof. Any
petition filed or order entered relating to a summons issued
and served with an order of nondisclosure pursuant to
subsection (f) shall be under seal. All proceedings relating to
or arising from a summons or certification of nondisclosure
issued in connection with the collection of positive foreign
intelligence or counterintelligence shall be under seal and in
compliance with applicable statutes, regulations, and orders
relating to handling of classified information.
``(4) Production of materials.--Any person served with a
summons issued pursuant to this section shall proceed to
assemble the materials requested and shall be prepared to
produce them on the date and at the place specified in the
summons.
``(e) Limitations.--
``(1) Construction with other laws.--Except as expressly
provided in this section, nothing in this section shall
supersede the provisions of any other law of the United States
that regulates access to materials by Federal agencies.
``(2) Subpoena duces tecum.--No summons shall require the
production of materials, if such materials would be protected
from production under the standards applicable to a subpoena
duces tecum issued by a court of the United States in aid of
the grand jury investigation for the purpose of Federal
indictment and prosecution. Nothing in this subsection shall be
construed to bar the use of the summons authorized by this
section in connection with gathering data for foreign
intelligence purposes.
``(3) Use of materials in investigation or other
proceeding.--Nothing in this section or in any other statute or
rule shall be construed to prohibit the use of materials or the
information contained therein obtained pursuant to this section
in any investigation or proceeding.
``(f) Prohibition of Disclosure.--
``(1) In general.--(A) Notwithstanding any other provision
of Federal, State, or local law, a United States District Court
Judge for the district in which the investigation is pending
may, upon application of the United States without notice to a
summons recipient, issue an ex parte order, that no person
served with a summons pursuant to this section, or their
representative, shall disclose to any other person the
existence of such summons, for a period of 180 days.
``(B) Such order may be issued on a showing that the
materials being sought may be relevant to a legitimate law
enforcement inquiry involving a risk to national security and
that there is reason to believe that such disclosure may result in--
``(i) endangering the life or physical safety of
any person;
``(ii) flight from prosecution;
``(iii) destruction of or tampering with evidence;
``(iv) intimidation of potential witnesses; or
``(v) defeating any remedy or penalty provided for
violation of the laws of the United States.
``(2) Renewal.--The period of nondisclosure may be renewed
for additional 180-day periods pursuant to this subsection.
``(3) Foreign intelligence or counterintelligence.--
Notwithstanding any other provision of Federal, State, or local
law, no person served with a summons issued pursuant to this
section, or their representative, shall disclose the existence
of such summons in any case in which the Director of the
Federal Bureau of Investigation or a special agent of the rank
of Assistant Special Agent-In-Charge or above designated by the
Director certifies that the summons was issued for the purpose
of collecting positive foreign intelligence or
counterintelligence.
``(4) Penalty for disclosure.--Whoever knowingly and
willfully discloses or attempts to disclose the existence of a
summons in violation of this subsection shall be subject to
imprisonment up to 5 years or fined as provided under section
3571 of title 18, or both.
``(5) Disclosure to attorney.--Nothing in this subsection
shall prohibit any person from disclosing the service of a
summons pursuant to this section to any attorney for purposes
of filing a petition pursuant to subsection (d)(2).
``(6) Third-party production.--Any third party
recordkeeper, agent, or employee thereof, who, in good faith
reliance on an order or certification of nondisclosure pursuant
to this subsection, produces any materials and does not
disclose such production to the subject of the records shall
not be liable to any customer or other person for such
nondisclosure.''.
(b) Technical Amendment.--The table of sections for chapter 33 of
title 28, United States Code, is amended by inserting at the end
thereof the following new item:
``Section 538. Administrative summons authority for common
carriers and inkeepers.''
SEC. 504. 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''.
SEC. 505. FEDERAL BUREAU OF INVESTIGATION REPORT.
Not later than January 31, 1997, the Director of the Federal Bureau
of Investigation shall report to Congress on the effectiveness of
section 2339A of title 18, United States Code (as added by section
120005(a) of the Violent Crime Control and Law Enforcement Act of
1994). The report shall include any recommendations of the Director for
changes in existing law that are needed to improve the effectiveness of
such section.
Subtitle B--Intelligence
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 report to the Congress on the
findings of the study conducted pursuant to subsection (a), and shall
provide 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.
SEC. 512. WIRETAP AUTHORITY FOR TERRORISM AND RELATED OFFENSES.
Section 2516(1) of title 18, United States Code, is amended--
(1) in paragraph (c), 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 redesignating paragraphs (m), (n), and (o) as
paragraphs (n), (o), and (p), respectively; and
(3) by inserting after paragraph (l) the following new
paragraph:
``(m) A violation of (i) section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324) (relating to alien smuggling), (ii)
section 277 of the Immigration and Nationality Act (8 U.S.C. 1327)
(relating to the smuggling of aliens convicted of aggravated felonies
or of aliens subject to exclusion on grounds of national security), or
(iii) section 278 of the Immigration and Nationality Act (8 U.S.C.
1328) (relating to smuggling of aliens for the purpose of
prostitution);''.
SEC. 513. PARTICIPATION OF FOREIGN AND STATE GOVERNMENT PERSONNEL IN
INTERCEPTIONS OF COMMUNICATIONS.
Section 2518(5) of title 18, United States Code, is amended by
inserting ``(including personnel of a foreign government or of a State
or subdivision of a State)'' after ``Government personnel''.
SEC. 514. DISCLOSURE OF INTERCEPTED COMMUNICATIONS TO FOREIGN LAW
ENFORCEMENT AGENCIES.
Section 2510(7) of title 18, United States Code, is amended by
inserting before the semicolon the following: ``and, for purposes of
subsections (1) and (2) of section 2517, any person authorized to
perform investigative, law enforcement, or prosecutorial functions by a
foreign government''.
SEC. 515. AUTHORIZATION FOR INTERCEPTIONS OF COMMUNICATIONS IN CERTAIN
TERRORISM RELATED OFFENSES.
(a) Section 2516(1) of title 18, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (o), as so
redesignated by section 512(a)(2);
(2) by redesignating paragraph (p), as so redesignated by
section 512(a)(2), as paragraph (s); and
(3) 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''.
(b) Section 2516(1)(c) of title 18, United States Code, is amended
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),''.
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) expand legal attaches;
(4) enhance Federal wireless communications and antenna
site lease shortfall;
(5) expand and improve the instructional, operational
support, and construction of the Federal Bureau of
Investigation academy;
(6) expand and improve investigative and managerial
training courses for State, Indian tribal, and local law
enforcement agencies;
(7) construct a Federal Bureau of Investigation laboratory
and provide laboratory examination support; and
(8) create a special Federal Bureau of Investigation
counterterrorism and counterintelligence fund for costs
associated with terrorism cases.
(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) $203,150,000 for fiscal year 1996, of which--
(A) not more than $52,000,000 shall be available to
carry out subsection (a)(1);
(B) not more than $39,900,000 shall be available to
carry out subsection (a)(2);
(C) not more than $10,750,000 shall be available to
carry out subsection (a)(3);
(D) not more than $24,100,000 shall be available to
carry out subsection (a)(4);
(E) not more than $34,000,000 shall be available to
carry out subsection (a)(5);
(F) not more than $1,650,000 shall be available to
carry out subsection (a)(6);
(G) not more than $16,200,000 shall be available to
carry out subsection (a)(7); and
(H) not more than $2,000,000 shall be available to
carry out subsection (a)(8);
(2) $184,500,000 for fiscal year 1997, of which--
(A) not more than $52,000,000 shall be available to
carry out subsection (a)(1);
(B) not more than $31,000,000 shall be available to
carry out subsection (a)(2);
(C) not more than $2,200,000 shall be available to
carry out subsection (a)(3);
(D) not more than $24,100,000 shall be available to
carry out subsection (a)(4);
(E) not more than $48,000,000 shall be available to
carry out subsection (a)(5);
(F) not more than $1,650,000 shall be available to
carry out subsection (a)(6);
(G) not more than $3,000,000 shall be available to
carry out subsection (a)(7);
(H) not more than $2,000,000 shall be available to
carry out subsection (a)(8);
(3) $284,000,000 for fiscal year 1998, of which--
(A) not more than $47,000,000 shall be available to
carry out subsection (a)(1);
(B) not more than $20,000,000 shall be available to
carry out subsection (a)(2);
(C) not more than $2,200,000 shall be available to
carry out subsection (a)(3);
(D) not more than $24,100,000 shall be available to
carry out subsection (a)(4);
(E) not more than $31,500,000 shall be available to
carry out subsection (a)(5);
(F) not more than $1,650,000 shall be available to
carry out subsection (a)(6);
(G) not more than $140,000,000 shall be available
to carry out subsection (a)(7);
(H) not more than $2,000,000 shall be available to
carry out subsection (a)(8);
(4) $147,500,000 for fiscal year 1999, of which--
(A) not more than $46,000,000 shall be available to
carry out subsection (a)(1);
(B) not more than $20,000,000 shall be available to
carry out subsection (a)(2);
(C) not more than $2,200,000 shall be available to
carry out subsection (a)(3);
(D) not more than $24,100,000 shall be available to
carry out subsection (a)(4);
(E) not more than $34,000,000 shall be available to
carry out subsection (a)(5);
(F) not more than $1,650,000 shall be available to
carry out subsection (a)(6);
(G) not more than $2,500,000 shall be available to
carry out subsection (a)(7); and
(H) not more than $2,000,000 shall be available to
carry out subsection (a)(8); and
(5) $125,850,000 for fiscal year 2000, of which--
(A) not more than $46,000,000 shall be available to
carry out subsection (a)(1);
(B) not more than $12,500,000 shall be available to
carry out subsection (a)(2);
(C) not more than $2,200,000 shall be available to
carry out subsection (a)(3);
(D) not more than $8,100,000 shall be available to
carry out subsection (a)(4);
(E) not more than $36,000,000 shall be available to
carry out subsection (a)(5);
(F) not more than $1,650,000 shall be available to
carry out subsection (a)(6);
(G) not more than $2,500,000 shall be available to
carry out subsection (a)(7); and
(H) not more than $2,000,000 shall be available to
carry out subsection (a)(8).
(c) Availability of Funds.--
(1) In general.--Funds made available pursuant to
subsection (b), in any fiscal year, shall remain available
until expended.
(2) Priority of digital telephony.--No funds shall be
expended to carry out paragraphs (2), (3), or (4) of subsection
(a) until the full amount of funds appropriated is made
available to carry out paragraph (1) of such subsection.
(d) Excess Funds.--Any funds remaining after the operation of
subsection (a) may be expended by the Federal Bureau of Investigation
for--
(1) telephone carrier compliance, in accordance with the
Communication Assistance for Law Enforcement Act of 1994; and
(2) the hiring of new Federal Bureau of Investigation
agents.
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) $20,000,000 for fiscal year 1996;
(2) $30,000,000 for fiscal year 1997;
(3) $40,000,000 for fiscal year 1998;
(4) $50,000,000 for fiscal year 1999; and
(5) $60,000,000 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--
(1) $15,000,000 for fiscal year 1996;
(2) $15,000,000 for fiscal year 1997;
(3) $15,000,000 for fiscal year 1998;
(4) $15,000,000 for fiscal year 1999; and
(5) $15,000,000 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. 524. DRUG ENFORCEMENT ADMINISTRATION.
(a) Activities of Drug Enforcement Administration.--With funds made
available pursuant to subsection (b), the Attorney General shall--
(1) fund permanent change of station transfers for special
agent personnel;
(2) establish and maintain an adequate motor vehicle base;
and
(3) purchase aircraft and replacement parts.
(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) $22,000,000 for fiscal year 1996, of which--
(A) not more than $10,000,000 shall be available to
carry out subsection (a)(1);
(B) not more than $5,000,000 shall be available to
carry out subsection (a)(2); and
(C) not more than $5,000,000 shall be available to
carry out subsection (a)(3);
(2) $35,000,000 for fiscal year 1997, of which--
(A) not more than $20,000,000 shall be available to
carry out subsection (a)(1);
(B) not more than $5,000,000 shall be available to
carry out subsection (a)(2); and
(C) not more than $5,000,000 shall be available to
carry out subsection (a)(3);
(3) $50,000,000 for fiscal year 1998, of which--
(A) not more than $20,000,000 shall be available to
carry out subsection (a)(1);
(B) not more than $10,000,000 shall be available to
carry out subsection (a)(2); and
(C) not more than $10,000,000 shall be available to
carry out subsection (a)(3);
(4) $65,000,000 for fiscal year 1999, of which--
(A) not more than $20,000,000 shall be available to
carry out subsection (a)(1);
(B) not more than $10,000,000 shall be available to
carry out subsection (a)(2); and
(C) not more than $10,000,000 shall be available to
carry out subsection (a)(3); and
(5) $78,000,000 for fiscal year 2000, of which--
(A) not more than $20,000,000 shall be available to
carry out subsection (a)(1);
(B) not more than $10,000,000 shall be available to
carry out subsection (a)(2); and
(C) not more than $10,000,000 shall be available to
carry out subsection (a)(3).
(c) Availability of Funds.--Funds made available pursuant to this
section, in any fiscal year, shall remain available until expended.
(d) Excess Funds.--Any funds remaining after the application of
subsection (b) may be expended by the Drug Enforcement Administration--
(1) to hire new Drug Enforcement Administration agents;
(2) for linguist services; and
(3) to acquire technical investigative equipment.
SEC. 525. DEPARTMENT OF JUSTICE.
(a) In General.--Subject to the availability of appropriations, the
Attorney General shall hire additional Assistant United States
Attorneys.
(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 to meet
the needs resulting from this Act $20,000,000 for each of the fiscal
years 1996, 1997, 1998, 1999, and 2000.
SEC. 526. FUNDING SOURCE.
Notwithstanding any other provision of law, funding for
authorizations provided in this subtitle may be paid for out of the
Crime Control Trust Fund.
TITLE VI--TERRORIST INTERDICTION
SEC. 601. TERRORIST INTERDICTION.
(a) Automated Visa Lookout System.--Not later than 6 months after
the date of the enactment of this section, the Secretary of State shall
implement an upgrade of all overseas visa lookout operations to
computerized systems with automated multiple-name search capabilities.
(b) National Crime Information Center.--For the purpose of access
to the National Crime Information Center and other Federal Bureau of
Investigation criminal records, with respect to functions involving the
processing of visas and passports and for other immigration-related
purposes, the Department of State shall be considered a law enforcement
agency.
(c) 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) by inserting ``or'' at the end of clause (i)(II);
(2) by inserting immediately after clause (i)(II) the
following:
``(III) is a member of an organization that
engages in terrorist activity or who actively
supports or advocates terrorist activity,'';
and
(3) by adding after clause (iii) the following new clause:
``(iv) Terrorist organization defined.--As used in
this Act, the term `terrorist organization' means an
organization which commits terrorist activity as
determined by the Attorney General, in consultation
with the Secretary of State.''.
(d) Processing of Visas for Admission Into the United States.--
(1) Visa lookout system check.--
(A) Whenever a United States consular official
issues a visa for admission to the United States, that
official shall certify, in writing, that a check of the
Automated Visa Lookout System, or any other system or
list which maintains information about the
excludability of aliens under the Immigration and
Nationality Act, has been made and that there is no
basis under such system for the exclusion of such
alien.
(B) If a consular official issues a visa to an
alien for admission to the United States and the alien
was named on the Automated Visa Lookout System as
excludable from the United States at the time of the
consular officer's review and issuance of such visa, a
notation shall be entered into the personnel file of
such consular officer and such information shall be
considered as a serious negative factor in the
officer's annual performance evaluation.
(2) Accountability review board.--In any case where a
serious loss of life or property in the United States involves
the issuance of a visa to an alien listed on the Automated Visa
Lookout System, or any other system or list which maintains
information about the excludability of aliens under the
Immigration and Nationality Act, the Secretary of State shall
convene an Accountability Review Board under the authority of
title III of the Omnibus Diplomatic Security and Antiterrorism
Act of 1986.
(e) Congressional Report.--The Secretary of State shall submit to
the Congress a report for each of the fiscal years 1995 and 1996 that
details the number and circumstances of each visa denied as a result of
the amendment made by subsection (c).
TITLE VII--CRIMINAL PROCEDURAL IMPROVEMENTS
Subtitle A--Habeas Corpus Reform
SEC. 701. 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 is made
retroactively applicable; 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. 702. 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. 703. 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. 704. 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 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) Notwithstanding any other provision of law, in all
proceedings brought under this section, and any subsequent proceedings
on review, appointment of counsel for an applicant 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.
``(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. 705. SECTION 2255 AMENDMENTS.
Section 2255 of title 28, United States Code, is amended--
(1) by striking the second and fifth paragraphs; and
(2) by adding at the end the following new paragraphs:
``A one-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 is made retroactively
applicable; or
``(4) the date on which the facts supporting the claim or
claims presented could have been discovered through the
exercise of due diligence.
``In all proceedings brought under this section, and any subsequent
proceedings on review, appointment of 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 by
the Supreme Court, that was previously unavailable.''.
SEC. 706. 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 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 success 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. 707. 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; second or abusive 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 counsel 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.''.
SEC. 708. TECHNICAL AMENDMENT.
Section 408(q) of the Controlled Substances Act (21 U.S.C. 848(q))
is amended--
(1) in paragraph (4)(A), by striking ``shall'' and
inserting ``may'';
(2) in paragraph (4)(B), by striking ``shall'' and
inserting ``may''; and
(3) 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. 721. CLARIFICATION AND EXTENSION OF CRIMINAL JURISDICTION OVER
CERTAIN TERRORISM OFFENSES OVERSEAS.
(a) 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) 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);
(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) Section 1116 of title 18, United States Code, is amended--
(1) 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
(2) in subsection (c), by striking the first sentence and
inserting the following: ``If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise jurisdiction
over the offense if (1) the victim is a representative,
officer, employee, or agent of the United States, (2) an
offender is a national of the United States, or (3) an offender
is afterwards found in the United States.''.
(d) 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) 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) 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) 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) 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. 722. EXTENSION 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, 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 territory
of any State, 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, Territory, Possession,
or District, such waters (including the airspace above and the seabed
and subsoil below, and artificial islands and fixed structures erected
thereon) shall be deemed for purposes of subsection (a) to lie within
the area of that State, Territory, Possession, or District it would lie
within if the boundaries of such State, Territory, Possession, or
District were extended seaward to the outer limit of the territorial
sea of the United States.''.
SEC. 723. JURISDICTION OF UNITED STATES COURTS OVER ACTS OF
INTERNATIONAL TERRORISM.
(a) Inapplicability of Foreign Sovereign Immunity in Cases
Involving Acts of International Terrorism.--
(1) Definition.--Section 1603 of title 28, United States
Code, is amended by adding at the end the following new
subsection:
``(f) The term `act of international terrorism' means an
act--
``(1) that is violent or dangerous to human life
and that is a violation of the criminal laws of the
United States or of any State or that would be a
criminal violation if committed within the jurisdiction
of the United States or any State; and
``(2) that appears to be intended--
``(A) to intimidate or coerce a civilian
population;
``(B) to influence the policy of a
government by intimidation or coercion; or
``(C) to affect the conduct of a government
by assassination or kidnapping.
``(g) The term `permanent resident alien' means an alien
who has been lawfully admitted to the United States for
permanent residence.''.
(2) Additional exception to foreign state immunity.--
Section 1605(a) of title 28, United States Code, is amended--
(A) by striking ``or'' at the end of paragraph (5);
(B) by striking the period at the end of paragraph
(6) and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(7) in which the action is based upon an act of
international terrorism--
``(A) within the United States; or
``(B) outside the United States if money damages
are sought against a foreign state for personal injury
or death to a United States citizen or permanent
resident alien,
which act occurred not more than 6 years previously and which
was committed or aided or abetted by a foreign state that was
designated by the Secretary of State as a state repeatedly
providing support for acts of international terrorism under
section 40(d) of the Arms Export Control Act.''.
(3) Property subject to execution upon a judgment.--Section
1610(a) of title 28, United States Code, is amended--
(A) by striking ``or'' at the end of paragraph (5);
(B) by striking the period at the end of paragraph
(6) and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(7) the execution relates to a judgment entered in a case
based upon an act of international terrorism--
``(A) within the United States; or
``(B) outside the United States if money damages
are sought against a foreign state for personal injury
or death to a United States citizen or permanent
resident alien,
which act occurred not more than 6 years previously and which
was committed or aided or abetted by a foreign state that was
designated by the Secretary of State as a state repeatedly
providing support for acts of international terrorism under
section 40(d) of the Arms Export Control Act.''.
(4) Attachment of property prior to entry of judgment.--
Section 1610(d) of title 28, United States Code, is amended--
(A) by redesignating paragraph (1) as paragraph
(1)(A);
(B) by striking ``and'' at the end of paragraph
(1)(A) and inserting ``or''; and
(C) by inserting after paragraph (1)(A) the
following:
``(B) the foreign state is not immune from jurisdiction by
virtue of the operation of section 1605(a)(7); and''.
(b) Exception to Foreign Sovereign Immunity for Certain Cases
Involving Torture, Extrajudicial Killing, Aircraft Sabotage, Hostage
Taking, or Genocide in a Foreign State.--Section 1605 of title 28,
United States Code (as amended by section 206, and subsection (a) of
this section), is amended--
(1) in subsection (a)--
(A) by striking ``or'' at the end of paragraph (6);
(B) by striking the period at the end of paragraph
(7) and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(8) not otherwise encompassed in paragraph (2), in which
money damages are sought against a foreign state for personal
injury or death of a United States citizen and caused by the
torture or extrajudicial killing of that citizen, or by an act
of aircraft sabotage, hostage taking, or genocide committed
against that citizen, by such 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) an action under this paragraph shall not be
maintained unless the individual whose injury or death
gave rise to the action was a United States citizen at
the time the conduct causing such injury or death
occurred;
``(B) the court shall decline to hear a claim under
this paragraph if the claimant has not exhausted
adequate and available remedies in the place in which
the conduct giving rise to the claim occurred and has
not afforded the foreign state an opportunity to
arbitrate the claim before an international tribunal in
accordance with international standards; and
``(C) an action under this paragraph shall not be
maintained unless--
``(i) the action is brought within 10 years
after the cause of action accrues; or
``(ii) the cause of action is based on an
act of genocide occurring more than 10 years
before the date of the enactment of this
paragraph and the action is brought within 18
months after such date.''; and
(2) by adding at the end the following new subsection:
``(f) For purposes of paragraph (8)--
``(1) the terms `torture' and `extrajudicial killing' have
the meanings given those terms in section 3 of the Torture
Victim Protection Act of 1991;
``(2) the term `hostage taking' has the meaning given such
term in Article 1 of the International Convention Against the
Taking of Hostages;
``(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; and
``(4) the term `act of genocide' means conduct that would
be a violation of section 1091 of title 18, United States Code,
if committed in the United States.''.
(c) Exception to Immunity From Attachment.--
(1) Foreign state.--Section 1610(a) of title 28, United
States Code, is amended--
(A) by striking ``or'' at the end of paragraph (6);
(B) by striking the period at the end of paragraph
(7) and inserting ``, or''; and
(C) by adding at the end the following new
paragraph:
``(8) the judgment relates to a claim for which the foreign
state is not immune under of section 1605(a)(8), regardless of
whether the property is or was involved in 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 section shall apply
to any cause of action arising before, on, or after the date of the
enactment of this Act.
SEC. 724. ADDITION OF FOREIGN MURDER AS A MONEY LAUNDERING PREDICATE.
Section 1956(c)(7)(D) of title 18, United States Code, is amended
by inserting ``section 2115 (relating to postal burglary),'' before
``or section 2319''.
SEC. 725. EXPANSION OF WEAPONS OF MASS DESTRUCTION STATUTE.
(a) In General.--Section 2332a of title 18, United States Code, is
amended--
(1) in subsection (a), by inserting ``threatens,'' before
``attempts'';
(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.''; 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 or capable of causing widespread
death or injury;''.
(b) Definition of Destructive Device.--Section 921(a)(4)(A) of
title 18, United States Code, is amended by striking ``poison gas'' and
inserting ``poisonous chemical agent or substance''.
(c) Conforming Amendment.--Section 5845(f)(1) of the Internal
Revenue Code of 1986 is amended by striking ``poison gas'' and
inserting ``poisonous chemical agent or substance''.
SEC. 726. ADDITION OF TERRORIST OFFENSES TO THE RICO STATUTE.
(a) Section 1961(1)(B) of title 18, United States Code, is
amended--
(1) 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'';
(2) by inserting after ``section 224 (relating to sports
bribery),'' the following: ``section 351 (relating to
Congressional or Cabinet officer assassination),'';
(3) 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),'';
(4) 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),'';
(5) 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),'';
(6) 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),'';
(7) by inserting after ``section 1513 (relating to
retaliating against a witness, victim, or an informant),'' the
following: ``section 1751 (relating to Presidential
assassination),'';
(8) 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
(9) 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),''.
(b) Section 1961(1) of title 18, United States Code, is amended--
(1) by striking ``or'' before ``(E)''; and
(2) by inserting at the semicolon at the end the following:
``, or (F) section 46502 of title 49, United States Code''.
SEC. 727. ADDITION OF TERRORISM OFFENSES TO THE MONEY LAUNDERING
STATUTE.
(a) Section 1956(c)(7)(B)(ii) of title 18, United States Code, is
amended to read as follows:
``(ii) murder, kidnapping, robbery, extortion, or
destruction of property by means of explosive or
fire;''.
(b) Section 1956(c)(7)(D) of title 18, United States Code, is
amended--
(1) by inserting after ``an offense under'' the following:
``section 32 (relating to the destruction of aircraft), section
37 (relating to violence at international airports), section
115 (relating to influencing, impeding or retaliating against a
Federal official by threatening or injuring a family
member),'';
(2) by inserting after ``section 215 (relating to
commissions or gifts for procuring loans),'' the following:
``section 351 (relating to Congressional or Cabinet officer
assassination),'';
(3) by inserting after ``section 798 (relating to
espionage),'' the following: ``section 831 (relating to
prohibited transactions involving nuclear materials), section
844 (f) or (i) (relating to destruction by explosives or fire
of Government property or property affecting interstate or
foreign commerce),'';
(4) by inserting after ``section 875 (relating to
interstate communications),'' the following: ``section 956
(relating to conspiracy to kill, kidnap, maim, or injure
certain property in a foreign country),'';
(5) by inserting after ``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),'';
(6) by inserting after ``section 1203 (relating to hostage
taking)'' the following: ``section 1361 (relating to willful
injury of Government property), section 1363 (relating to
destruction of property within the special maritime and
territorial jurisdiction),'';
(7) by inserting after ``section 1708 (relating to theft
from the mail'' the following:''), section 1751 (relating to
Presidential assassination),'';
(8) by inserting after ``2114 (relating to bank and postal
robbery and theft),'' the following: ``section 2280 (relating
to violence against maritime navigation), section 2281
(relating to violence against maritime fixed platforms),''; and
(9) by striking ``of this title'' and inserting the
following: ``section 2332 (relating to terrorist acts abroad
against United States nationals), section 2332a (relating to
use of weapons of mass destruction), section 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. 728. 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 of
the United States,''.
SEC. 729. 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 designed
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
``(a) Except as provided in subsection (b), 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, during or in connection with performance of their
professional duties, 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.
``(b) Any person who is found guilty of attempted murder under this
section shall be imprisoned for not more than 20 years.''.
SEC. 730. ADDITION OF CONSPIRACY TO TERRORISM OFFENSES.
(a)(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) Section 37(a) title 18, United States Code, is amended by
inserting ``or conspires'' after ``attempts''.
(c)(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) 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) Section 1203(a) of title 18, United States Code, is amended by
inserting ``or conspires'' after ``attempts''.
(f) Section 2280(a)(1)(H) of title 18, United States Code, is
amended by inserting ``or conspires'' after ``attempts''.
(g) Section 2281(a)(1)(F) of title 18, United States Code, is
amended by inserting ``or conspires'' after ``attempts''.
(h)(1) Section 46502 of title 49, United States Code, is amended--
(A) in subsection (a)(2), by inserting ``, conspiring,''
after ``committing'' and
(B) in subsection (b)(1), by inserting ``or conspiring to
commit'' after ``committing''.
(2) Section 46505(b) of title 49, United States Code, is amended--
(A) in paragraph (2), by inserting ``conspired or'' after
``has placed,''; and
(B) in paragraph (3), by inserting ``conspired or'' after
``has placed,''.
SEC. 731. PRETRIAL DETENTION FOR POSSESSION OF FIREARMS OR EXPLOSIVES
BY CONVICTED FELONS.
Section 3156(a)(4) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; or''; and
(3) by adding after subparagraph (C) the following new
subparagraph:
``(D) an offense that is a violation of section
842(i) or 922(g) of this title (relating to possession
of explosives or firearms by convicted felons).''.
SEC. 732. INCLUSION OF ALIEN SMUGGLING AS A RICO PREDICATE.
Section 1961(1) of title 18, United States Code, is amended--
(1) by striking ``or'' before ``(E) any Act''; and
(2) by inserting after ``Currency and Foreign Transactions
Reporting Act'' the following: ``, or (F) any act (or
conspiracy to commit any act) which is indictable under section
274, 277, or 278 of the Immigration and Nationality Act (8
U.S.C. 1324, 1327, or 1328 (pertaining to prohibitions on
bringing in and harboring certain aliens)''.
TITLE VIII--MARKING OF PLASTIC EXPLOSIVES
SEC. 801. IMPLEMENTATION OF THE CONVENTION ON THE MARKING OF PLASTIC
EXPLOSIVES.
(a) 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.''.
(b) 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 the Omnibus
Counterterrorism 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 Omnibus Counterterrorism Act of 1995 by any
person during a period not exceeding 3 years after the such
date; 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 the Omnibus Counterterrorism 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 the Omnibus Counterterrorism Act of 1995, to fail
to report to the Secretary within 120 days after such 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.''.
(c) 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.''.
(d) 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
sections 842 (l) through (o) 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 entry into force of the Convention on the Marking of
Plastic Explosives, with respect to the United States, 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.''.
(e) 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.''.
(f) Effective Date.--The amendments made by this section shall take
effect 1 year after the date of the enactment of this Act.
SEC. 802. STUDY ON TAGGING OF EXPLOSIVE MATERIALS.
(a) Study.--The Secretary of the Treasury shall direct the Director
of the Bureau of Alcohol, Tobacco, and Firearms to conduct a study, as
soon as is practicable after the date of enactment of this Act, on--
(1) tagging of explosive materials for purposes of
identification and detection;
(2) the possibility and practicality of rendering inert
common chemicals used in manufacturing explosives; and
(3) the feasibility of imposing controls on certain
precursor chemicals used to manufacture explosives.
(3) Report.--The Secretary of the Treasury, or a designee of the
Secretary shall prepare and submit to the President and the Congress a
report setting forth in detail the findings and determinations made in
the study conducted pursuant to subsection (a).
TITLE IX--MISCELLANEOUS PROVISIONS
SEC. 901. SEVERABILITY.
If any provision of this subtitle, an amendment made by this
subtitle, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the remainder of
this subtitle, the amendments made by this subtitle, and the
application of the provisions of such to any person or circumstance
shall not be affected thereby.
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