[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 735 Placed on Calendar Senate (PCS)]





                                                       Calendar No. 102

104th CONGRESS

  1st Session

                                 S. 735

_______________________________________________________________________

                                 A BILL

    To prevent and punish acts of terrorism, and for other purposes.

_______________________________________________________________________

                              May 1, 1995

            Read the second time and placed on the calendar





                                                       Calendar No. 102
104th CONGRESS
  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

                              May 1, 1995

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 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.
    ``(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 the 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 United 
        States to delete specified items of classified information from 
        documents to be introduced into evidence or made available to 
        the defendant through discovery under the Federal Rules of 
        Civil Procedure, to substitute 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 notwithstanding.
    ``(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 an 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 ``$5,000,000'' 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 assistance 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 
Comprehensive Terrorism Prevention Act of 1995 by or on behalf of any 
agency of the United States performing military or police functions 
(including any military Reserve component) or by or on behalf of the 
National Guard of any State, not later than 15 years after the date of 
entry into force of the Convention on the Marking of Plastic 
Explosives, with respect to the United States.
    ``(n)(1) It shall be unlawful for any person to ship, transport, 
transfer, receive, or possess any plastic explosive that does not 
contain a detection agent.
    ``(2) This subsection does not apply to--
            ``(A) the shipment, transportation, transfer, receipt, or 
        possession of any plastic explosive that was imported, brought 
        into, or manufactured in the United States prior to the date of 
        enactment of the Comprehensive Terrorism Prevention Act of 1995 
        by any person during a period not exceeding 3 years after the 
        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 Comprehensive Terrorism Prevention Act of 1995 
        by or on behalf of any agency of the United States performing a 
        military or police function (including any military reserve 
        component) or by or on behalf of the National Guard of any 
        State, not later than 15 years after the date of entry into 
        force of the Convention on the Marking of Plastic Explosives, 
        with respect to the United States.
    ``(o) It shall be unlawful for any person, other than an agency of 
the United States (including any military reserve component) or the 
National Guard of any State, possessing any plastic explosive on the 
date of enactment of 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 Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.
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