[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 761 Introduced in Senate (IS)]
104th CONGRESS
1st Session
S. 761
To improve the ability of the United States to respond to the
international terrorist threat.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 5 (legislative day, May 1), 1995
Mr. Daschle (for himself, Mr. Biden, Mr. Kohl, Mrs. Feinstein, and Mr.
Dodd) introduced the following bill; which was read the first time
_______________________________________________________________________
A BILL
To improve the ability of the United States to respond to the
international terrorist threat.
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 ``Omnibus Counterterrorism Act of
1995''.
SEC. 2. TABLE OF CONTENTS.
The following is the table of contents for this Act:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings and purposes.
TITLE I--SUBSTANTIVE CRIMINAL LAW ENHANCEMENTS
Sec. 101. Acts of terrorism transcending national boundaries.
Sec. 102. Conspiracy to harm people or property overseas.
Sec. 103. Clarification and extension of criminal jurisdiction over
certain terrorism offense overseas.
TITLE II--IMMIGRATION LAW IMPROVEMENTS
Sec. 201. Alien terrorist removal procedures.
Sec. 202. Changes to the Immigration and Nationality Act to facilitate
removal of alien terrorists.
Sec. 203. Access to certain confidential INS files through court order.
TITLE III--CONTROLS OVER TERRORIST FUND-RAISING
Sec. 301. Terrorist fund-raising prohibited.
TITLE IV--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES
Sec. 401. Short title.
Sec. 402. Findings and purposes.
Sec. 403. Definitions.
Sec. 404. Requirement of detection agents for plastic explosives.
Sec. 405. Criminal sanctions.
Sec. 406. Exceptions.
Sec. 407. Investigative authority.
Sec. 408. Effective date.
TITLE V--NUCLEAR MATERIALS
Sec. 501. Expansion of nuclear materials prohibitions.
TITLE VI--PROCEDURAL AND TECHNICAL CORRECTIONS AND IMPROVEMENTS
Sec. 601 Correction to material support provision.
Sec. 602. Expansion of weapons of mass destruction statute.
Sec. 603. Addition of terrorist offenses to the RICO statute.
Sec. 604. Addition of terrorist offenses to the money laundering
statute.
Sec. 605. Authorization for interception of communications in certain
terrorism related offenses.
Sec. 606. Clarification of maritime violence jurisdiction.
Sec. 607. Expansion of Federal jurisdiction over bomb threats.
Sec. 608. Increased penalty for explosives conspiracies.
Sec. 609. Amendment to include assaults, murder, and threats against
former Federal officials on account of the
performance of their official duties.
Sec. 610. Addition of conspiracy to terrorism offenses.
TITLE VII--ANTITERRORISM ASSISTANCE
Sec. 701. Findings.
Sec. 702. Antiterrorism assistance amendments.
TITLE VIII--SUBSTANTIVE INVESTIGATIVE ENHANCEMENTS
Sec. 801. Pen registers and trap and trace devices in foreign
counterintelligence and counterterrorism
investigations.
Sec. 802. Disclosure of information and consumer reports to Federal
Bureau of Investigation for foreign
counterintelligence purposes.
Sec. 803. Study and requirements for tagging of explosive materials,
and study and recommendations for rendering
explosive components inert and imposing
controls on precursors of explosives.
Sec. 804. Access to records of common carriers, public accommodation
facilities, physical storage facilities and
vehicle rental facilities in foreign
counterintelligence and counterterrorism
cases.
Sec. 805. Limitation of statutory exclusionary rule.
Sec. 806. Authority for wiretaps in any terrorism-related or explosives
felony.
Sec. 807. Temporary emergency wiretap authority involving terroristic
crimes.
Sec. 808. Expanded authority for roving wiretapes.
Sec. 809. Enhanced access to telephone billing records.
Sec. 810. Requirement to preserve evidence.
Sec. 811. Permission to request military assistance with respect to
offenses involving chemical and biological
weapons.
Sec. 812. General reward authority of the attorney general.
TITLE IX--SUBSTANTIVE PROSECUTIVE ENHANCEMENTS
Sec. 901. Possession of stolen explosives.
Sec. 902. Protection of Federal employees on account of the performance
of their official duties.
TITLE X--CRIMINAL PENALTIES
Sec. 1001. Mandatory penalty for transferring a firearm knowing that it
will be used to commit a crime of violence.
Sec. 1002. Mandatory penalty for transferring an explosive material
knowing that it will be used to commit a
crime of violence.
Sec. 1003. Increase period of limitations for National Firearms Act.
TITLE XI--FUNDING
Sec. 1101. Civil monetary penalty surcharge and telecommunications
carrier compliance payments.
SEC. 3. FINDINGS AND PURPOSES.
(a) The Congress finds and declares:
(1) International terrorism remains a serious and deadly
problem which threatens the interests of the United States both
overseas and within its territory. States or organizations that
practice terrorism or actively support it should not be allowed
to do so without serious consequence.
(2) International terrorism directed against United States
interests must be confronted by the appropriate use of the full
array of tools available to the President, including
diplomatic, military, economic and prosecutive actions.
(3) The Nation's security interests are seriously impacted
by terrorist attacks carried out overseas against United States
Government facilities, officials and other American citizens
present in foreign countries.
(4) United States foreign policy interests are profoundly
affected by terrorist acts overseas especially those directed
against friendly foreign governments and their people and those
intended to undermine the peaceful resolution of disputes in
the Middle East and other troubled regions.
(5) Since the Iranian Revolution of 1979, the defeat of the
Soviet Union in Afghanistan, the peace initiative in the Middle
East, and the fall of communism throughout Eastern Europe and
the former Soviet Union, international terrorism has become a
more complex problem, with new alliances emerging among
terrorist organizations.
(6) Violent crime is a pervasive international problem and
is exacerbated by the free international movement of drugs,
firearms, explosives and individuals dedicated to performing
acts of international terrorism who travel using false or
fraudulent documentation.
(7) While international terrorists move freely from country
to country, ordinary citizens and foreign visitors often fear
to travel to or through certain parts of the world due to
concern about terrorist violence.
(8) In addition to the destruction of property and
devastation to human life, the occurrence of an international
terrorist event results in a decline of tourism and affects the
marketplace, thereby having an adverse impact on interstate and
foreign commerce and economies of friendly nations.
(9) International terrorists, violating the sovereignty of
foreign countries, attack dissidents and former colleagues
living in foreign countries, including the United States.
(10) International terrorists, both inside and outside the
United States, carefully plan attacks and carry them out in
foreign countries against innocent victims.
(11) There are increasing intelligence indications of
networking between different international terrorist
organizations leading to their increased cooperation and
sharing of information and resources in areas of common
interest.
(12) In response, increased international coordination of
legal and enforcement issues is required, pursuant, for
example, to the numerous multilateral conventions in force
providing universal prosecutive jurisdiction over persons
involved in a variety of terrorist acts, including hostage
taking, murder of an internationally protected person, and
aircraft piracy and sabotage.
(13) Until recently, United States asylum processing
procedures have been complicated and often duplicative,
providing a powerful incentive for individuals, including
terrorists, without a genuine claim, to apply for asylum and
remain in the United States.
(14) The United States Constitution grants Congress the
power to establish a uniform rule of naturalization and to make
all laws necessary and proper thereto.
(15) Part of that power authorizes the Congress to
establish laws directly applicable to alien conduct within the
United States that harms the foreign relations, domestic
tranquility or national security of the United States.
(16) While the vast majority of aliens justify the trust
placed in them by United States immigration policies, an
dangerous few utilized access to the United States to carry out
their terrorist activity to the detriment of this Nation's
national security and foreign policy interests. Accordingly,
international terrorist organizations have been able to create
significant infrastructures and cells in the United States
among aliens who are in this country either temporarily or as
permanent resident aliens.
(17) International terrorist organizations, acting through
affiliated groups and/or individuals, have been raising
significant funds within the United States, often through
misrepresentation of their purposes or subtle forms of
extortion, or using the United States as a conduit for
transferring funds among countries.
(18) The provision of funds to organizations that engage in
terrorism serves to facilitate their terrorist activities
regardless of whether the funds, in whole or in part, are
intended or claimed to be used for non-violent purposes.
(19) Certain foreign governments and international
terrorist organizations have directed their members or
sympathizers residing in the United States to take measures in
support of terrorist acts, either within or outside the United
States.
(20) Present Federal law does not adequately reach all
terrorist activity likely to be engaged in by aliens within the
United States.
(21) Law enforcement officials have been hindered in using
current immigration law to deport alien terrorists because the
law fails to provide procedures to protect classified
intelligence sources and information. Moreover, a few high
ranking members of terrorist organizations have been
naturalized as United States citizens because denial of such
naturalizations would have necessitated public disclosure of
highly classified sources and methods. Furthermore, deportation
hearings frequently extend over several years, thus hampering
the expeditious removal of aliens engaging in terrorist
activity.
(22) Present immigration law is inadequate to protect the
United States from terrorist attacks by certain aliens. New
procedures are needed to permit expeditious removal of alien
terrorists from the United States, thereby reducing the threat
that such aliens pose to the national security and other vital
interests of the United States.
(23) International terrorist organizations that have
infrastructure support within the United States are believed to
have been responsible for--
(A) conspiring in 1982 to bomb the Turkish Honorary
Consulate in Philadelphia, Pennsylvania;
(B) bombing the Marine barracks in Lebanon in 1983;
(C) holding Americans hostage in Lebanon from 1984-
1991;
(D) hijacking in 1984 Kuwait Airlines Flight 221
during which two American employees of the Agency for
International Development were murdered;
(E) hijacking in 1985 TWA Flight 847 during which a
United States Navy diver was murdered;
(F) murdering in 1985 an American tourist aboard
the Achille Lauro cruise liner;
(G) hijacking in 1985 Egypt Air Flight 648 during
which one American and one Israeli were killed;
(H) murdering in 1985 four members of the United
States Marine Corps in El Salvador;
(I) attacking in December 1985 the Rome and Vienna
airports resulting in the death of a young American
girl;
(J) hijacking in 1986 Pan Am Flight 73 in Karachi,
Pakistan, in which 44 Americans were held hostage and
two were killed;
(K) conspiring in 1986 in New York City to bomb an
Air India aircraft;
(L) bombing in April 1988 the USO club in Naples,
Italy, killing one American servicewoman and injuring
four American servicemen;
(M) attacking in 1988 the Greek cruise ship ``City
of Poros'';
(N) bombing in 1988 Pan Am Flight 103 resulting in
270 deaths;
(O) bombing in 1989 UTA Flight 772 resulting in 171
deaths, including seven Americans;
(P) murdering in 1989 a United States Marine Corps
officer assigned to the United Nations Truce
Supervisory Organization in Lebanon;
(Q) downing in January 1991 a United States
military helicopter in El Salvador causing the death of
a United States military crewman as a result of the
crash and subsequently murdering its two surviving
United States military crewmen;
(R) bombing in February 1992 the United States
Ambassador's residence in Lima, Peru;
(S) bombing in February 1993 a cafe in Cairo,
Egypt, which wounded two United States citizens;
(T) bombing in February 1993 the World Trade Center
in New York City, resulting in six deaths;
(U) conspiring in the New York City area in 1993 to
destroy several government buildings and tunnels;
(V) wounding in October 1994 two United States
citizens on a crowded street in Jerusalem, Israel;
(W) kidnapping and subsequently murdering in
October 1994 a dual citizen of the United States and
Israel; and
(X) numerous bombings and murders in Northern
Ireland over the past decade.
(24) Nuclear materials, including byproduct materials, can
be used to create radioactive dispersal devices which are
capable of causing serious bodily injury as well as substantial
damage to property and the environment.
(25) The potential use of nuclear materials, including
byproduct materials, enhances the threat posed by terrorist
activities and thereby has a greater effect on the security
interests of the United States.
(26) Due to the widespread hazards presented by the threat
of nuclear contamination, as well as nuclear bombs, the United
States has strong interest in assuring that persons who are
engaged in the illegal acquisition and use of nuclear
materials, including byproduct materials, are prosecuted for
their offenses.
(27) The threat that the nuclear materials will be obtained
and used by terrorist and other criminal organizations has
increased substantially due to international developments in
the years since the enactment in 1982 of the legislation which
implemented the Convention of the Physical Protection of
Nuclear Material, codified at section 831 of title 18, United
States Code.
(28) The successful effort to obtain agreements from other
countries to dismantle and destroy nuclear weapons has resulted
in increased packaging and transportation of nuclear materials,
thereby creating more opportunities for their unlawful
diversion or theft;
(29) The illicit trafficking in the relatively more common,
commercially available and useable nuclear and byproduct
materials poses a potential to cause significant loss of life
and/or environmental damage.
(30) Reported trafficking incidents in the early 1990's
suggest that the individuals involved in trafficking these
materials from Eurasia and Eastern Europe frequently conducted
their black market sales within the Federal Republic of
Germany, the Baltic States, and to a lesser extent in the
Middle European countries.
(31) The international community has become increasingly
concerned over the illegal possession of nuclear and nuclear
byproduct materials.
(32) The potentially disastrous ramifications of increased
access by terrorists to nuclear and nuclear byproduct material
pose such a significant future threat that the United States
must use all lawful methods available to combat the illegal use
of such materials.
(33) The United States has an interest in encouraging
United States corporations to do business in the countries
which comprised the former Soviet Union, as well as in other
developing democracies; protection of such corporations from
threats created by the unlawful use of nuclear materials is
important to encourage such business ventures, and to further
the foreign relations and commerce of the United States.
(34) The nature of nuclear contamination is such that it
may affect the health, environment, and property of United
States nationals even if the acts which constitute the illegal
activity occur outside the territory of the United States, and
are primarily directed toward non-nationals of the United
States.
(35) Plastic explosives were used by terrorists in the
bombings of Pan Am flight 103 in December 1988 and UTA flight
772 in September 1989.
(36) Plastic explosives currently can be used with little
likelihood of detection for acts of unlawful interference with
civil aviation, maritime navigation, and other modes of
transportation.
(37) The marking of plastic explosives for the purpose of
detection would contribute significantly to the prevention and
punishment of such unlawful acts.
(38) In order to deter and detect the unlawful use of
plastic explosives, the Convention on the Marking of Plastic
Explosives for Purpose of Detection, done at Montreal on 1
March 1991, requires each contracting State to adopt
appropriate measures to ensure that plastic explosives are duly
marked and controlled.
The Congress further finds:
(39) Such international terrorist offenses place innocent
lives in jeopardy, endanger national security, affect domestic
tranquility, and gravely impact on interstate and foreign
commerce.
(40) Such international terrorist offenses involved
international associations, communication, and mobility which
can often be addressed effectively only at the Federal law
enforcement level.
(41) There previously has been no Federal criminal statute
which provides a comprehensive basis for addressing acts of
international terrorism carried out within the United States.
(42) There previously has been no Federal provision that
specifically prohibits fund raising within the United States on
behalf of international terrorist organizations.
(43) There previously has been no adequate procedure under
the immigration law that permits the expeditious removal of
resident and non-resident alien terrorists.
(44) There previously has been no Federal criminal statute
which provides adequate protection to United States interests
from non-weapons grade, yet hazardous radioactive material, and
from the illegal diversion of nuclear materials which are held
for other than peaceful purposes.
(45) There previously has been no Federal law that requires
the marking of plastic explosives to improve their
detectability.
(46) Congress has the power under the interstate and
foreign commerce clause, and other provisions of the
Constitution, to enact the following measures against
international terrorism in order to help ensure the integrity
and safety of the Nation.
(b) The purposes of this Act are to provide--
(1) Federal law enforcement the necessary tools and fullest
possible basis allowed under the Constitution of the United
States to address, pursuant to the rule of law, acts of
international terrorism occurring within the United States, or
directed against the United States or its nationals anywhere in
the world;
(2) the Federal Government the fullest possible basis,
consistent with the Constitution, of the United States, to
prevent persons and organizations within the jurisdiction of
the United States from providing funds, directly or indirectly,
to organizations, including subordinate or affiliated persons,
designated by the President as engaging in terrorism, unless
authorized under this Act;
(3) procedures which, consistent with principles of
fundamental fairness, will allow the government to deport
resident and non-resident alien terrorists promptly without
compromising intelligence sources and methods;
(4) provide Federal law enforcement the necessary tools and
fullest possible basis allowed under the Constitution of the
United States to combat the threat of nuclear contamination and
proliferation which may result from illegal possession and use
of radioactive materials; and
(5) fully implement the Convention on the Marking or
Plastic Explosives for the Purpose of Detection, done at
Montreal on 1 March 1991.
TITLE I--SUBSTANTIVE CRIMINAL LAW ENHANCEMENTS
SEC. 101. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.
(a) Offense.--Chapter 113B of title 18, United States Code, is
amended by inserting after section 2332a this new section:
``Sec. 2332b. Acts of terrorism transcending national boundaries
``(a) Findings and Purpose.--
``(1) The Congress hereby finds that--
``(A) international terrorism is a serious and
deadly problem which threatens the interests of this
Nation not only overseas but also within our territory;
``(B) international terrorists have demonstrated
their intention and capability of carrying out attacks
within the United States by, for example, bombing The
World Trade Center in New York and undertaking attacks,
including assassinations, against former colleagues and
opponents who have taken up residence in this country;
``(C) United States foreign policy interests are
seriously affected by terrorist acts within the United
States directed against foreign governments and their
people;
``(D) such offenses place innocent lives in
jeopardy, endanger national security, affect domestic
tranquility, and gravely impact on interstate and
foreign commerce;
``(E) such offenses involve international
associations, communication, and mobility which often
can be addressed effectively only at the Federal law
enforcement level; and
``(F) there previously has been no Federal criminal
statute which provides a comprehensive basis for
addressing acts of international terrorism carried out
within the United States.
``(2) 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 to commit an offense under
subsection (b)(1), or attempts or conspires so to do, shall be
punished as prescribed in subsection (d).
``(c) Jurisidictional Bases.--The circumstances referred to in
subsection (b) are--
``(1) any of the offenders travels in commerce with the
intent to commit the offense or to escape apprehension after
the commission of such offense;
``(2) the mail, or any facility utilized in any manner in
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;
``(3) the offense obstructs, delays or affects commerce in
any way or degree or would have so obstructed, delayed or
affected commerce if the offense had been consummated;
``(4) 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;
``(5) the structure, conveyance or other real or personal
property (A) was used in commerce or in any activity affecting
commerce, or (B) was in whole or in part owned, possessed, or
used by, or leased to (I) the United States, or any department
or agency thereof, or (II) any institution or organization
receiving Federal financial assistance or insured by any
department or agency of the United States;
``(6) any victim, or intended victim, of the offense is, at
the time of the offense, traveling in commerce;
``(7) any victim, intended victim or offender is not a
national of the United States;
``(8) 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
``(9) the offense is committed in those places within the
United States that are in the special maritime and territorial
jurisdiction of the United States.
Jurisdiction shall exist over all principals and coconspirators of an
offense under subsection (b), and accessories after the fact to any
offense based upon subsection (b), if at least one of the above
circumstances is applicable to at least one offender.
``(d) Penalties.--Whoever violates this section shall, in addition
to the punishment provided for any other crime charged in the
indictment, be punished--
``(1) for a killing or if death results to any person from
any other conduct prohibited by this section by death, or by
imprisonment for any term of years or for life;
``(2) for kidnapping, by imprisonment for any term of years
or for life;
``(3) for maiming, by imprisonment for not more than
thirty-five years;
``(4) for assault with a dangerous weapon or assault
resulting in serious bodily injury, by imprisonment for not
more than thirty years;
``(5) for destroying or damaging any structure, conveyance
or other real or personal property, by imprisonment for not
more than twenty-five years;
``(6) for attempting or conspiring to commit an offense,
for any term of years up to the maximum punishment that would
have applied had the offense been completed; and
``(7) for threatening to commit an offense under this
section, by imprisonment for not more than ten years.
Notwithstanding any other provision of law, the court shall not place
on probation any person convicted of a violation of this section; nor
shall the term of imprisonment imposed under this section 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, such offense, or any activity preparatory to its commission,
transcended national boundaries and that the offense appears to have
been intended to coerce, intimidate, or retaliate against a government
or a civilian population, including any segment thereof.
``(f) Investigative Responsibility.--Violations of this section
shall be investigated by the Attorney General. Assistance may be
requested from any Federal, State or local agency, including the Army,
Navy, and Air Force, any statute, rule, or regulation to the contrary
notwithstanding.
``(g) Evidence.--
``(1) The prosecution is not 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 (1) over any offense under subsection (b),
including any threat, attempt, or conspiracy to commit such offense,
and (2) over conduct which, 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, the term--
``(1) `commerce' has the meaning given such term in section
1951(b)(3) of this title;
``(2) `facility utilized in any manner in commerce'
includes means of transportation, communication, and
transmission;
``(3) `national of the United States' has the meaning
prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22));
``(4) `serious bodily injury' has the meaning prescribed in
section 1365(g)(3) of this title;
``(5) `State' includes a State of the United States, the
District of Columbia, and any commonwealth, territory or
possession of the United States; and
``(6) `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.''.
(b) Technical Amendment.--The chapter analysis for Chapter 113B of
title 18, United States Code, is amended by inserting after ``2332a.
Use of Weapons of Mass Destruction.'' the following:
``2332b. Acts of terrorism transcending national boundaries.''
(c) Statute of Limitations Amendment.--Section 3286 of title 18,
United States Code, is amended by--
(1) striking ``any offense'' and inserting ``any non-
capital offense'';
(2) striking ``36'' and inserting ``37'';
(3) striking ``2331'' and inserting ``2332'';
(4) striking ``2339'' and inserting ``2332a''; and
(5) inserting ``2332b (acts of terrorism transcending
national boundaries),'' after ``(use of weapons of mass
destruction),''.
(d) Presumptive Detention.--Section 3142(e) of title 18, United
States Code, is amended by inserting ``or section 2332b'' after
``section 924(c)''.
SEC. 102. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS.
(a) Section 956 of chapter 45 of title 18, United States Code, is
amended to read as follows:
``Sec. 956. Conspiracy to kill, kidnap, maim, or injure 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 subsection (a)(1) of this
section is--
``(A) imprisonment for any term of years or for life if the
offense is conspiracy to murder or kidnap; and
``(B) imprisonment for not more than thirty-five 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 twenty-five years.''.
(b) The chapter analysis for chapter 45 of title 18, United States
Code, is amended by striking ``956. Conspiracy to injure property of
foreign government.'' and inserting in lieu thereof:
``956. Conspiracy to kill, kidnap, maim, or injure certain property in
a foreign country.''.
(c) Section 2339A of title 18, United States Code, is amended by--
(1) striking ``36'' and inserting in lieu thereof ``37'';
(2) striking ``2331'' and inserting in lieu thereof
``2332'';
(3) striking ``2339'' and inserting in lieu thereof
``2332a'';
(4) striking ``of an escape'' and inserting in lieu thereof
``or an escape''; and
(5) inserting ``956,'' before ``1114.''
SEC. 103. CLARIFICATION AND EXTENSION OF CRIMINAL JURISDICTION OVER
CERTAIN TERRORISM OFFENSES OVERSEAS.
(a) Section 46502(b) of title 49, United States Code, is amended
by--
(1) in paragraph (1), striking ``and later found in the
United States'';
(2) amending paragraph (2) to read as follows:
``(2) There is jurisdiction over the offense in paragraph
(1) if--
``(A) a national of the United States was aboard
the aircraft;
``(B) an offender is a national of the United
States; or
``(C) an offender is afterwards found in the United
States.''; and
(3) inserting a new paragraph (3) as follows:
``(3) For purposes of this subsection, the term `national
of the United States' has the meaning prescribed in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).''.
(b) Section 32(b) of title 18, United States Code, is amended by--
(1) striking ``, if the offender is later found in the
United States,''; and
(2) adding at the end the following two new paragraphs:
``(5) There is jurisdiction over an offense 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.
``(6) For purposes of this subsection, the term `national
of the United States' has the meaning prescribed in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).''.
(c) Section 1116 of title 18, United States Code, is amended by--
(1) in subsection (b), adding at the end a new paragraph
(7) as follows:
``(7) `national of the United States' has the meaning
prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).''; and
(2) in subsection (c), 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 by--
(1) in subsection (c), inserting ``national of the United
States,'' before ``and''; and
(2) in subsection (e), 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 by--
(1) in subsection (c), inserting ``national of the United
States,'' before ``and''; and
(2) in subsection (d) 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
by--
(1) 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) adding at the end thereof the following: ``For purposes
of this subsection, the term `national of the United States'
has the meaning prescribed in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22).''.
(g) Section 37(b)(2) of title 18, United States Code, is amended--
(1) by inserting ``(A)'' before ``the offender is later
found in the United States''; and
(2) by inserting ``; or (B) an offender or a victim is a
national of the United States (as defined in section 101(a)(22)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)))'' after ``the offender is later found in the
United States''.
(h) Section 178 of title 18, United States Code, is amended by--
(1) striking the ``and'' at the end of paragraph (3);
(2) striking the ``period'' at the end of paragraph (4) and
inserting in lieu thereof ``; and''; and
(3) adding the following at the end thereof:
``(5) the term `national of the United States' has the
meaning prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).''.
TITLE II--IMMIGRATION LAW IMPROVEMENTS
SEC. 201. ALIEN TERRORIST REMOVAL PROCEDURES.
(a) Findings and Purpose.--
(1) The Congress hereby finds that--
(A) international terrorism is a serious and deadly
problem which threatens the interests of this Nation
overseas and within our territory;
(B) until recently, United States asylum processing
procedures have been complicated and often duplicative,
providing a powerful incentive for individuals,
including terrorists, without a genuine claim, to apply
for asylum and remain in the United States;
(C) while most aliens justify the trust placed in
them by our immigration policies, a dangerous few
utilized access to the United States to create
significant infrastructures and cells in the United
States in order to carry out their terrorist activity
to the detriment of the Nation's national security and
foreign policy interests;
(D) the bombing of the World Trade Center
exemplifies the danger posed to the United States and
its citizens by alien terrorists;
(E) similarly, some foreign terrorist organizations
utilize associated aliens within the United States to
raise funds to facilitate their overseas terrorist acts
against United States nationals as well as against
foreign governments and their citizens; and
(F) current immigration laws and procedures are not
effective in addressing the alien terrorist problem, as
they require the government to place sensitive
intelligence sources and methods at risk and allow the
alien to remain within the United States for the
prolonged period necessary to pursue a deportation
action. Moreover, under the current statutory framework
a few high ranking members of terrorist organizations
have been naturalized as United States citizens because
denial of such naturalizations would have necessitated
public disclosure of highly classified sources and
methods.
(2) The purpose of this section is to provide procedures
which, consistent with principles of fundamental fairness, will
allow the government to deport alien terrorists promptly
without compromising intelligence sources and methods.
(b) Alien Removal Procedures.--The Immigration and Nationality Act
is amended--
(1) by adding at the end of the table of contents the
following:
``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES
``Sec. 501. Applicability.
``Sec. 502. Special removal hearing.
``Sec. 503. Designation of judges.
``Sec. 504. Miscellaneous provisions.'';
and
(2) by adding at the end the following new title:
``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES
``Applicability
``Sec. 501. (a) The provisions of this title may be followed in the
discretion of the Department of Justice whenever the Department of
Justice has classified information that an alien described in paragraph
4(B) of section 241(a), as amended, is subject to deportation because
of such section. For purposes of this title, the terms `classified
information' and `national security' shall have the meaning prescribed
in section 1 of the Classified Information Procedures Act, 18 U.S.C.
App. III 1.
``(b) Whenever an official of the Department of Justice files,
under section 502, an application with the court established under
section 503 for authorization to seek removal pursuant to the
provisions of this title, the alien's rights regarding removal and
expulsion shall be governed solely by the provisions of this title.
Except as they are specifically referenced, no other provisions of the
Immigration and Nationality Act shall be applicable. An alien subject
to removal under these provisions shall have no right of discovery of
information derived from electronic surveillance authorized under the
Foreign Intelligence Surveillance Act (50 U.S.C. 1801 et seq.) or
otherwise for national security purposes. Nor shall such alien have the
right to seek suppression of evidence. Further, the government is
authorized to use, in the removal proceedings, the fruits of electronic
surveillance and/or unconsented physical searches authorized under the
Foreign Intelligence Surveillance Act without regard to subsections
106(c), (e), (f), (g), and (h) of that Act. The provisions and
requirements of section 3504 of title 18, United States Code, shall not
apply to procedures under this title.
``(c) This title is enacted in response to findings of Congress
that aliens described in paragraph 4(B) of section 241(a), as amended,
represent a unique threat to the security of the United States. It is
the intention of Congress that such aliens be promptly removed from the
United States following--
``(1) a judicial determination of probable cause to believe
that such person is such an alien; and
``(2) a judicial determination pursuant to the provisions
of this title that an alien is removable on the grounds that he
or she is an alien described in paragraph 4(B) of section
241(a), as amended.
The Congress furthers intends that, other than as provided by this
title, such aliens shall not be given a deportation hearing and are
ineligible for any discretionary relief from deportation or for relief
under section 243(h).
``Special Removal Hearing
``Sec. 502. (a) Whenever removal of an alien is sought pursuant to
the provisions of this title, a written application upon oath or
affirmation shall be submitted in camera and ex parte to the court
established under section 503 for an order authorizing such a
procedure. Each application shall require the approval of the Attorney
General or the Deputy Attorney General based upon his finding that it
satisfies the criteria and requirements of such application as set
forth in this title. Each application shall include--
``(1) the identity of the Department of Justice attorney
making the application;
``(2) the approval of the Attorney General or the Deputy
Attorney General for the making of the application;
``(3) the identity of the alien for whom authorization for
the special removal procedure is sought; and
``(4) a statement of the facts and circumstances relied on
by the Department of Justice to establish that--
``(A) the alien is an alien as described in
paragraph 4(B) of section 214(a), as amended, and is
physically present in the United States; and
``(B) with respect to such alien, adherence to the
provisions of title II regarding the deportation of
aliens would pose a risk to the national security of
the United States.
``(b)(1) The application shall be filed under seal with the court
established under section 503. The Attorney General may take into
custody any alien with respect to whom such an application has been
filed and, notwithstanding any other provision of law, may retain such
an alien in custody in accordance with the procedures authorized by
this title.
``(2) An alien lawfully admitted for permanent residence (hereafter
referred to as resident alien) shall be entitled to a release hearing
before the judge assigned to the special removal case pursuant to
section 503(a). The resident alien shall be granted release pending the
special removal hearing, upon such terms and conditions prescribed by
the court (including the posting of any monetary amount), if the alien
demonstrates to the court that the alien, if released, is not likely to
flee and that the alien's release will not endanger national security
or the safety of any person or the community. The judge may consider
classified information submitted in camera and ex parte in making his
determination.
``(c) In accordance with the rules of the court established under
section 503, the judge shall consider the application and may consider
other information, including classified information, presented under
oath or affirmation at an in camera and ex parte hearing on the
application. A verbatim record shall be maintained of such a hearing.
The application and any other evidence shall be considered by a single
judge of that court who shall enter an ex parte order as requested if
he finds, on the basis of the facts submitted in the application and
any other information provided by the Department of Justice at the in
camera and ex parte hearing, there is probable cause to believe that--
``(1) the alien who is the subject of the application has
been correctly identified and is an alien as described in
paragraph 4(B) of section 241(a), as amended; and
``(2) adherence to the provisions of title II regarding the
deportation of the identified alien would pose a risk to the
national security of the United States.
``(d)(1) In any case in which the application for the order is
denied, the judge shall prepare a written statement of his reasons for
the denial and the Department of Justice may seek a review of the
denial by the United States Court of Appeals for the District of
Columbia Circuit by notice of appeal which must be filed within twenty
days. In such a case the entire record of the proceeding shall be
transmitted to the Court of Appeals under seal and the Court of Appeals
shall hear the matter ex parte.
``(2) If the Department of Justice does not seek review, the alien
shall be released from custody, unless such alien may be arrested and
taken into custody pursuant to title II as an alien subject to
deportation, in which case such alien shall be treated in accordance
with the provisions of this Act concerning the deportation of aliens.
``(3) If the application for the order is denied because the judge
has not found probable cause to believe that the alien who is the
subject of the application has been correctly identified or is an alien
as described in paragraph 4(B) of section 241(a), as amended, and the
Department of Justice seeks review, the alien shall be released from
custody unless such alien may be arrested and taken into custody
pursuant to title II as an alien subject to deportation, in which case
such alien shall be treated in accordance with the provisions of this
Act concerning the deportation of aliens simultaneously with the
application of this title.
``(4) If the application for the order is denied because, although
the judge found probable cause to believe that the alien who is the
subject of the application has been correctly identified and is an
alien as described in paragraph 4(B) of section 241(a), as amended, the
judge has found that there is not probable cause to believe that
adherence to the provisions of title II regarding the deportation of
the identified alien would pose a risk to the national security of the
United States, the judge shall release the alien from custody subject
to the least restrictive condition or combination of conditions of
release described in section 3142(b) and (c)(1)(B) (i) through (xiv) of
title 18, United States Code, that will reasonably assure the
appearance of the alien at any future proceeding pursuant to this title
and will not endanger the safety of any other person or the Community;
but if the judge finds no such condition or combination of conditions
the alien shall remain in custody until the completion of any appeal
authorized by this title. The provisions of sections 3145 through 3148
of title 18, United States Code, pertaining to review and appeal of a
release or detention order, penalties for failure to appear, penalties
for an offense committed while on release, and sanctions for violation
of a release condition shall apply to an alien to whom the previous
sentence applies and--
``(A) for purposes of section 3145 of such title an appeal
shall be taken to the United States Court of Appeals for the
District of Columbia Circuit; and
``(B) for purposes of section 3146 of such title the alien
shall be considered released in connection with a charge of an
offense punishable by life imprisonment.
``(e)(1) In any case in which the application for the order
authorizing the special procedures of this title is approved, the judge
who granted the order shall consider each item of classified
information the Department of Justice proposes to introduce in camera
and ex parte at the special removal hearing and shall order the
introduction of such information pursuant to subsection (j) if he
determines the information to be relevant. The Department of Justice
shall prepare a written summary of such classified information which
does not pose a risk to national security and the judge shall approve
the summary if he finds the summary is sufficient to inform the alien
of the general nature of the evidence that he is an alien as described
in paragraph 4(B) of section 241(a), as amended, and to permit the
alien to prepare a defense. The Department of Justice shall cause to be
delivered to the alien a copy of the summary.
``(2) If the written summary is not approved by the court, the
Department shall be afforded reasonable opportunity to correct the
deficiencies identified by the court and submit a revised summary.
Thereafter, if the written summary is not approved by the court, the
special removal hearing shall be terminated unless the court issues a
finding that--
``(A) the continued presence of the alien in the United
States, or
``(B) the provision of the required summary would likely
cause serious and irreparable harm to the national security or
death or serious bodily injury to any person. If such finding
is issued, the special removal hearing shall continue, the
Department of Justice shall cause to be delivered to the alien
a statement that no summary is possible, and the classified
information submitted in camera and ex parte may be used
pursuant to subsection (j).
``(3) The Department of Justice may take an interlocutory appeal to
the United States Court of Appeals for the District of Columbia Circuit
of--
``(A) any determination by the judge pursuant to paragraph
(1)--
``(I) concerning whether an item of evidence may be
introduced in camera and ex parte; or
``(II) concerning the contents of any summary of
evidence to be introduced in camera and ex parte
prepared pursuant to paragraph (1); or
``(B) the refusal of the court to make the finding
permitted by paragraph (2);
In any interlocutory appeal taken pursuant to this paragraph, the
entire record, including any proposed order of the judge or summary of
evidence, shall be transmitted to the Court of Appeals under seal and
the matter shall be heard ex parte. The Court of Appeals shall consider
the appeal as expeditiously as possible.
``(f) In any case in which the application for the order is
approved, the special removal hearing authorized by this section shall
be conducted for the purpose of determining if the alien to whom the
order pertains should be removed from the United States on the grounds
that he is an alien as described in paragraph 4(B) of section 241(a),
as amended. In accordance with subsection (e), the alien shall be given
reasonable notice of the nature of the charges against him and a
general account of the basis for the charges. The alien shall be given
notice, reasonable under all the circumstances, of the time and place
at which the hearing will be held. The hearing shall be held as
expeditiously as possible.
``(g) The special removal hearing shall be held before the same
judge who granted the order pursuant to subsection (e) unless that
judge is deemed unavailable due to illness or disability by the chief
judge of the court established pursuant to section 503, or has died, in
which case the chief judge shall assign another judge to conduct the
special removal hearing. A decision by the chief judge pursuant to the
preceding sentence shall not be subject to review by either the alien
or the Department of Justice.
``(h) The special removal hearing shall be open to the public. 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 him. Such
counsel shall be appointed by the judge pursuant to the plan for
furnishing representation for any person financially unable to obtain
adequate representation for the district in which the hearing is
conducted, as provided for in section 3006A of title 18, United States
Code. All provisions of that section shall apply and, for purposes of
determining the maximum amount of compensation, the matter shall be
treated as if a felony was charged. The alien may be called as a
witness by the Department of Justice. The alien shall have a right to
introduce evidence on his own behalf. Except as provided in subsection
(j), the alien shall have a reasonable opportunity to examine the
evidence against him and to cross-examine any witness. A verbatim
record of the proceedings and of all testimony and evidence offered or
produced at such a hearing shall be kept. The decision of the judge
shall be based only on the evidence introduced at the hearing,
including evidence introduced under subsection (j).
``(i) At any time prior to the conclusion of the special removal
hearing, either the alien or the Department of Justice may request the
judge to issue a subpoena for the presence of a named witness (which
subpoena may also command the person to whom it is directed to produce
books, papers, documents, or other objects designated therein) upon a
satisfactory showing that the presence of the witness is necessary for
the determination of any material matter. Such a request may be made ex
parte except that the judge shall inform the Department of Justice of
any request for a subpoena by the alien for a witness or material if
compliance with such a subpoena would reveal evidence or the source of
evidence which has been introduced, or which the Department of Justice
has received permission to introduce, in camera and ex parte pursuant
to subsection (j), and the Department of Justice shall be given a
reasonable opportunity to oppose the issuance of such a subpoena. If an
application for a subpoena by the alien also makes a showing that the
alien is financially unable to pay for the attendance of a witness so
requested, the court may order the costs incurred by the process and
the fees of the witness so subpoenaed to be paid for from funds
appropriated for the enforcement of title II. A subpoena under this
subsection may be served anywhere in the United States. A witness
subpoenaed under this subsection shall receive the same fees and
expenses as a
witness subpoenaed in connection with a civil proceeding in a court of
the United States. Nothing in this subsection is intended to allow an
alien to have access to classified information.
``(j) When classified information has been summarized pursuant to
subsection (e)(1) or where a finding has been made under subsection
(e)(2) that no summary is possible, classified information shall be
introduced (either in writing or through testimony) in camera and ex
parte and neither the alien nor the public shall be informed of such
evidence or its sources other than through reference to the summary
provided pursuant to subsection (e)(1). Notwithstanding the previous
sentence, the Department of Justice may, in its discretion and, in the
case of classified information, after coordination with the originating
agency, elect to introduce such evidence in open session.
``(k) Evidence introduced at the special removal hearing, either in
open session or in camera and ex parte, may, in the discretion of the
Department of Justice, include all or part of the information presented
under subsections (a) through (c) used to obtain the order for the
hearing under this section.
``(l) Following the receipt of evidence, the attorneys for the
Department of Justice and for the alien shall be given fair opportunity
to present argument as to whether the evidence is sufficient to justify
the removal of the alien. The attorney for the Department of Justice
shall open the argument. the attorney for the alien shall be permitted
to reply. The attorney for the Department of Justice shall then be
permitted to reply in rebuttal. The judge may allow any part of the
argument that refers to evidence received in camera and ex parte to be
heard in camera and ex parte.
``(m) The Department of Justice has the burden of showing by clear
and convincing evidence that the alien is subject to removal because he
is an alien as described in paragraph 4(B) of subsection 241(a) of this
Act (8 U.S.C. 1251(a)(4)(B)), as amended. If the judge finds that the
Department of Justice has met this burden, the judge shall order the
alien removed and, if the alien is a resident alien who was released
pending the special removal hearing, order the Attorney General to take
the alien into custody.
``(n)(1) At the time of rendering a decision as to whether the
alien shall be removed, the judge shall prepare a written order
containing a statement of facts found and conclusions of law. Any
portion of the order that would reveal the substance or source of
information received in camera and ex parte pursuant to subsection (j)
shall not be made available to the alien or the public.
``(2) The decision of the judge may be appealed by either the alien
or the Department of Justice to the United States Court of Appeals for
the District of Columbia Circuit by notice of appeal which must be
filed within twenty days, during which time such order shall not be
executed. In any case appealed pursuant to this subsection, the entire
record shall be transmitted to the Court of Appeals and information
received pursuant to subsection (j), and any portion of the judge's
order that would reveal the substance or source of such information
shall be transmitted under seal. The Court of Appeals shall consider
the case as expeditiously as possible.
``(3) In an appeal to the Court of Appeals pursuant to either
subsection (d) or (e) of this section, the Court of Appeals shall
review questions of law de novo, but a prior finding on any question of
fact shall not be set aside unless such finding was clearly erroneous.
``(o) If the judge decides pursuant to subsection (n) that the
alien should not be removed, the alien shall be released from custody
unless such alien may be arrested and taken into custody pursuant to
title II of this Act as an alien subject to deportation, in which case,
for purposes of detention, such alien may be treated in accordance with
the provisions of this Act concerning the deportation of aliens.
``(p) Following a decision by the Court of Appeals pursuant to
either subsection (d) or (n), either the alien or the Department of
Justice may petition the Supreme Court for a writ of certiorari. In any
such case, any information transmitted to the Court of Appeals under
seal shall, if such information is also submitted to the Supreme Court,
be transmitted under seal. Any order of removal shall not be stayed
pending disposition of a writ of certiorari except as provided by the
Court of Appeals or a Justice of the Supreme Court.
``(q) The Department of Justice retains the right to dismiss a
removal action at any stage of the proceeding.
``(r) Nothing in this section shall prevent the United States from
seeking protective orders and/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 privileges.
``Designation of Judges
``Sec. 503. (a) The Chief Justice of the United States shall
publicly designate five district court judges from five of the United
States judicial circuits who shall constitute a court which shall have
jurisdiction to conduct all matters and proceedings authorized by
section 502. The Chief Justice shall publicly designate one of the
judges so appointed as the chief judge. The chief judge shall
promulgate rules to facilitate the functioning of the court and shall
be responsible for assigning the consideration of cases to the various
judges.
``(b) Proceedings under section 502 shall be conducted as
expeditiously as possible. The Chief Justice, in consultation with the
Attorney General, the Director of Central Intelligence and other
appropriate Federal officials, shall, consistent with the objectives of
this title, provide for the maintenance of appropriate security
measures for applications for ex parte orders to conduct the special
removal hearings authorized by section 502, the orders themselves, and
evidence received in camera and ex parte, and for such other actions as
are necessary to protect information concerning matters before the
court from harming the national security of the United States.
``(c) Each judge designated under this section shall serve for a
term of five years and shall be eligible for redesignation, except that
the four associate judges first designated under subsection (a) shall
be designated for terms of from one to four years so that the term of
one judge shall expire each year.
``Miscellaneous Provisions
``Sec. 504. (a)(1) Following a determination pursuant to this title
that an alien shall be removed, and after the conclusion of any
judicial review thereof, the Attorney General may retain the alien in
custody or, if the alien was released pursuant to subsection 502(o),
may return the alien to custody, and shall cause the alien to be
transported to any country which the alien shall designate provided
such designation does not, in the judgment of the Attorney General, in
consultation with the Secretary of State, impair the obligation of the
United States under any treaty (including a treaty pertaining to
extradition) or otherwise adversely affect the foreign policy of the
United States.
``(2) If the alien refuses to choose a country to which he wishes
to be transported, or if the Attorney General, in consultation with the
Secretary of State, determines that removal of the alien to the country
so selected would impair a treaty obligation or adversely affect United
States foreign policy, the Attorney General shall cause the alien to be
transported to any country willing to receive such alien.
``(3) Before an alien is transported out of the United States
pursuant to paragraph (1) or (2) or pursuant to an order of exclusion
because such alien is excludable under paragraph 212(a)(3)(B) of this
Act (8 U.S.C. 1182(a)(3)(B)), as amended, he shall be photographed and
fingerprinted, and shall be advised of the provisions of subsection
276(b) of this Act (8 U.S.C. 1326(b)).
``(4) If no country is willing to receive such an alien, the
Attorney General may, notwithstanding any other provision of law,
retain the alien in custody. The Attorney General, in coordination with
the Secretary of State, shall make periodic efforts to reach agreement
with other countries to accept such an alien and at least every six
months shall provide to the alien a written report on his efforts. Any
alien in custody pursuant to this subsection shall be released from
custody solely at the discretion of the Attorney General and subject to
such conditions as the Attorney General shall deem appropriate. The
determinations and actions of the Attorney General pursuant to this
subsection shall not be subject to judicial review, including
application for a writ of habeas corpus, except for a claim by the
alien that continued detention violates his rights under the
Constitution. Jurisdiction over any such challenge shall lie
exclusively in the United States Court of Appeals for the District of
Columbia Circuit.
``(b)(1) Notwithstanding the provisions of subsection (a), the
Attorney General may hold in abeyance the removal of an alien who has
been ordered removed pursuant to this title to allow the trial of such
alien on any Federal or State criminal charge and the service of any
sentence of confinement resulting from such a trial.
``(2) Pending the commencement of any service of a sentence of
confinement by an alien described in paragraph (1), such an alien shall
remain in the custody of the Attorney General, unless the Attorney
General determines that temporary release of the alien to the custody
of State authorities for confinement in a State facility is appropriate
and would not endanger national security or public safety.
``(3) Following the completion of a sentence of confinement by an
alien described in paragraph (1) or following the completion of State
criminal proceedings which do not result in a sentence of confinement
of an alien released to the custody of State authorities pursuant to
paragraph (2), such an alien shall be returned to the custody of the
Attorney General who shall proceed to carry out the provisions of
subsection (a) concerning removal of the alien.
``(c) For purposes of section 751 and 752 of title 18, United
States Code, an alien in the custody of the Attorney General pursuant
to this title shall be subject to the penalties provided by those
sections in relation to a person committed to the custody of the
Attorney General by virtue of an arrest on a charge of felony.
``(d)(1) An alien in the custody of the Attorney General pursuant
to this title shall be given reasonable opportunity to communicate with
and receive visits from members of his family, and to contact, retain,
and communicate with an attorney.
``(2) An alien in the custody of the Attorney General pursuant to
this title shall have the right to contact an appropriate diplomatic or
consular official of the alien's country of citizenship or nationality
or of any country providing representation services therefor. The
Attorney General shall notify the appropriate embassy, mission, or
consular office of the alien's detention.''.
(c) Additional Amendments To INA.--(1) Subsection 106(b) of the
Immigration and Nationality Act (8 U.S.C. 1105a(b)) is amended by
adding at the end thereof the following sentence: ``Jurisdiction to
review an order entered pursuant to the provisions of section 235(c) of
this Act concerning an alien excludable under paragraph 3(B) of
subsection 212(a) (8 U.S.C. 1182(a)), as amended, shall rest
exclusively in the United States Court of Appeals for the District of
Columbia Circuit.''.
(2) Section 276(b) of the Immigration and Nationality Act (8 U.S.C.
1326(b)) is amended by deleting the word ``or'' at the end of
subparagraph (b)(1), by replacing the period at the end of subparagraph
(b)(2) with a semicolon followed by the word ``or'', and by adding at
the end of paragraph (b) the following subparagraph:
``(3) who has been excluded from the United States pursuant
to subsection 235(c) of this Act (8 U.S.C. 1225(c)) because
such alien was excludable under paragraph 3(B) of subsection
212(a) thereof (8 U.S.C. 1182(a)(2)(B)), as amended, or who has
been removed from the United States pursuant to the provisions
of title V of the Immigration and Nationality Act, and who
thereafter, without the permission of the Attorney General,
enters the United States or attempts to do so shall be fined
under title 18, United States Code, and imprisoned for a period
of ten years which sentence shall not run concurrently with any
other sentence.''
(3) Section 106(a) of the Immigration and Nationality Act (8 U.S.C.
1105a(a)) is amended by striking from the end of subparagraph 9 the
semicolon and the word ``and'' and inserting a period in lieu thereof,
and by striking subparagraph 10.
(d) Effective Date.--The provisions of this Act shall be effective
upon enactment, and shall apply to all aliens without regard to the
date of entry or attempted entry into the United States.
SEC. 202. 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. An alien who is a representative
of the Palestine Liberation Organization, or
any terrorist organization designated by
proclamation by the President after he has
found such organization to be detrimental to
the interest of the United States, is
considered, for purposes of this Act, to be
engaged in a terrorism activity. 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. For
purposes of subparagraph (3)(B)(i), the determination by the Secretary
of State or the Attorney General that an alien is a representative of
the organization shall be controlling and shall not be subject to
review by any court.
``(ii) Terrorism activity defined.--As used
in this Act, the term ``terrorism activity'
means any activity which 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 which 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
in order 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 any organization engaged,
or which has a significant subgroup which
engages, in terrorism activity, regardless of
any legitimate activities conducted by the
organization or its subgroups.
``(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 adding after ``custody of the Service.'' this 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)(3) of the Immigration and Nationality Act (8
U.S.C. 1252(b)(3)) is amended by inserting after ``Government'' the
following: ``. 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 him. The
provisions and requirements of 18 U.S.C. 3504 and 50 U.S.C. 1801 et
seq. shall not apply in such cases.''
SEC. 203. ACCESS TO CERTAIN CONFIDENTIAL INS FILES THROUGH COURT ORDER.
(a) Section 245A(c)(5) of the Immigration and Nationality Act (8
U.S.C. 1255a(c)(5)) is amended by--
(1) inserting ``(i)'' after ``except the Attorney
General''; and
(2) inserting after ``Title 13'' the following: ``and
``(ii) may authorize an application to a
Federal court of competent jurisdiction for,
and a judge of such court may grant, an order
authorizing disclosure of information contained
in the application of the alien to be used:
``(I) for identification of the
alien when there is reason to believe
that the alien has been killed or
severely incapacitated; or
``(II) for criminal law enforcement
purposes against the alien whose
application is to be disclosed if the
alleged criminal activity occurred
after the legalization application was
filed and such activity poses either an
immediate risk to life or to national
security or would be prosecutable as an
aggravated felony, but without regard
to the length of sentence that could be
imposed on the applicant.''.
(b)(1) Section 210(b)(5) of the Immigration and Nationality Act (8
U.S.C. 1160(b)(5)) is amended by inserting ``, except as allowed by a
court order issued pursuant to paragraph (6) of this subsection'' after
``consent of the alien''.
(2) Section 210(b)(6) of the Immigration and Nationality Act (8
U.S.C. 1160 (b)(6)) is amended by inserting the following sentence
before ``Anyone who uses'': ``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:
``(E) for identification of the alien when there is
reason to believe that the alien has been killed or
severely incapacitated; or
``(F) for criminal law enforcement purposes against
the alien whose application is to be disclosed if the
alleged criminal activity occurred after the special
agricultural worker application was filed and such
activity poses either an immediate risk to life or to
national security or would be prosecutable as an
aggravated felony, but without regard to the length of
sentence that could be imposed on the applicant.''.
TITLE III--CONTROLS OVER TERRORIST FUND-RAISING
SEC. 301. TERRORIST FUND-RAISING PROHIBITED.
(a) Chapter 113B of title 18, United States Code, is amended by
adding at the end thereof the following new section:
``Sec. 2339B. Fund-raising for terrorist organizations
``(a) Findings and Purpose.--
``(1) The Congress hereby finds that--
``(A) terrorism is a serious and deadly problem
which threatens the interests of the United States both
overseas and within our territory;
``(B) the Nation's security interests are gravely
impacted by terrorist attacks carried out overseas
against United States Government facilities and
officials, as well as against other American citizens
present in foreign countries;
``(C) United States foreign policy interests are
profoundly affected by terrorist acts overseas directed
against foreign governments and their people;
``(D) United States economic interests are
significantly impacted by terrorist attacks carried out
in foreign countries against United States citizens and
businesses;
``(E) international cooperation is required for an
effective response to terrorism, as demonstrated by the
numerous multilateral conventions in force providing
universal prosecutive jurisdiction over persons
involved in a variety of terrorist acts, e.g., hostage
taking, murder of an internationally protected person,
and aircraft piracy and sabotage;
``(F) 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 their receipt of funds
raised in other nations; and
``(G) 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 non-violent 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, designated by the
President as engaging in terrorism, unless authorized under
this section.
``(b) Authority.--Notwithstanding any other provision of law, the
President is authorized, under such regulations as he may prescribe, to
regulate or prohibit--
``(1) fund-raising or the provision of funds for use by or
for the benefit of any foreign organization, including persons
assisting such organization in fund-raising, 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 United 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) Pursuant to the authority granted in subsection (b),
the President is also authorized to designate persons which are
raising funds for, or acting for or on behalf of, any
organization designated pursuant to subsection (c)(1) above.
``(3) If the President finds that the conditions which 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, he may
revoke such designation in whole or in part.
``(4) Any designation, or revocation thereof, issued
pursuant to this subsection shall be published in the Federal
Register and shall become effective immediately on publication.
``(5) 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.
``(6) Any finding made in any designation issued pursuant
to paragraph (1) of this subsection that a foreign organization
engages in terrorism activity shall be conclusive. No question
concerning the validity of the issuance of such designation may
be raised by a defendant in a criminal prosecution as a defense
in or as an objection to any trial or hearing if such
designation was issued and published in the Federal Register in
accordance with this subsection.
``(d) Prohibited Activities.--
``(1) Except as authorized pursuant to the procedures in
subsection (e), 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
subsection (d)(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.
``(e) Authorized Transactions.--
``(1) The Secretary shall publish regulations, consistent
with the provisions of 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 to 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 thereafter 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
purposes; and
``(B) all recipient organizations in any fund-
raising chain have effective procedures in place to
ensure that the funds (i) will be used exclusively for
religious, charitable, literary, or educational
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 within two business days of a request
by the Secretary. Any person granted a license shall also have
an agreement with any recipient organization or person that
such organization's or person's books and records, wherever
located, must be made available for inspection of the Secretary
upon a request of the Secretary at a place and time agreeable
to that organization or person and the Secretary.
``(5) The Secretary may also provide by regulation
procedures for the licensing of transactions otherwise
prohibited by this section in cases found by the Secretary to
be consistent with the statement of purpose in subsection
(a)(2).
``(f) Special Requirements for Financial Institutions.--
``(1) Except as authorized by the Secretary by means of
directives, regulations, or licenses, any financial institution
which 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 ten 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 ten days after the
financial institution obtained possession of or control
over the funds.
``(g) 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 (e) of this section, (2) a financial institution's
compliance with the requirements of subsection (f) of this section, and
(3) civil penalty proceedings authorized pursuant to subsection (i) of
this section, 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.
``(h) 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) Compliance with any regulation, instruction, or
direction issued under this section shall to the extent thereof
be a full acquittance and discharge for all purposes of the
obligation of the person making the same. No person shall be
held liable in any court for or with respect to anything done
or omitted in good faith in connection with the administration
of, or pursuant to and in reliance on, this section, or any
regulation, instruction, or direction issued under this
section.
``(3) In carrying out their function under this section,
the Secretary and the Attorney General may hold hearings, sign
and issue subpoenas, administer oaths, examine witnesses, and
receive evidence.
``(4) 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.
``(i) Penalties.--
``(1) Any person who knowingly violates subsection (d)
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 (e), 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 (f)(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 (e), or by regulations promulgated thereunder,
shall be fined under this title, or imprisoned for up to five
years, or both.
``(4) Any organization convicted of an offense under (h)
(1) or (3) of this section shall, upon conviction, forfeit any
charitable designation it might have received under the
Internal Revenue Code.
``(j) 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.
``(k) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section.
``(l) 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 and/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 provision, the United States may take
an immediate, interlocutory appeal in accordance with the
provisions of paragraph (3) of this subsection. In the event 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, in order 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 it 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 he 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) of this
subsection.
``(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 authorizing the disclosure of
classified information, imposing sanctions for
nondisclosure of classified information, or refusing a
protective order sought by the United States to prevent
the disclosure of classified information.
``(B) An appeal taken pursuant to this section
either before or during trial shall be expedited by the
court of appeals. Prior to trial, an appeal shall be
taken within ten 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 and the court of appeals (1)
shall hear argument on such appeal within four days of
the adjournment of the trial, (2) may dispense with
written briefs other than the supporting materials
previously submitted to the trial court, (3) shall
render its decision within four days of argument on
appeal, and (4) may dispense with the issuance of a
written opinion in rendering its decision. Such appeal
and decision 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) Nothing in this subsection shall prevent the United
States from seeking protective orders and/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.
``(m) Definitions.--As used in this section, the term--
``(1) `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) `financial institution' has the meaning prescribed in
section 5312(a)(2) of title 31, United States Code, including
any regulations promulgated thereunder;
``(3) `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) `national security' means the national defense and
foreign relations of the United States;
``(5) `person' includes an individual, partnership,
association, group, corporation, or other organization;
``(6) `Secretary' means the Secretary of the Treasury; and
``(7) `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 thereof the
following:
``2339B. Fund-raising for terrorist organizations''.
(c) Section 212(a)(3)(B)(i) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)(i)), as amended by section 202(a) of this Act,
is further amended by inserting after the phrase ``Palestine Liberation
Organization'' the following: ``, an organization designated by the
President under section 2339B of title 18, United States Code''.
(d) The provisions of 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.).
TITLE IV--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES
SEC. 401. SHORT TITLE.
This title may be cited as the ``Marking of Plastic Explosives for
Detection Act.''.
SEC. 402. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) plastic explosives were used by terrorists in the
bombings of Pan Am flight 103 in December 1988 and UTA flight
772 in September 1989;
(2) plastic explosives can be used with little likelihood
of detection for acts of unlawful interference with civil
aviation, maritime navigation, and other modes of
transportation;
(3) the criminal use of plastic explosives places innocent
lives in jeopardy, endangers national security, affects
domestic tranquillity, and gravely affects interstate and
foreign commerce;
(4) the marking of plastic explosives for the purpose of
detection would contribute significantly to the prevention and
punishment of such unlawful acts; and
(5) for the purpose of deterring and detecting such
unlawful acts, the Convention on the Marking of Plastic
Explosives for the Purpose of Detection, Done at Montreal on 1
March 1991, requires each contracting State to adopt
appropriate measures to ensure that plastic explosives are duly
marked and controlled.
(b) Purpose.--The purpose of this Act is to fully implement the
Convention on the Marking of Plastic Explosives for the Purpose of
Detection, Done at Montreal on 1 March 1991.
SEC. 403. DEFINITIONS.
Section 841 of title 18, United States Code, is amended by adding
at the end the following new subsections:
``(o) `Convention on the Marking of Plastic Explosives' means the
Convention on the Marking of Plastic Explosives for the Purpose of
Detection, Done at Montreal on 1 March 1991.
``(p) `Detection agent' means any one of the substances specified
in this subsection when introduced into a plastic explosive or
formulated in such explosive as a part of the manufacturing process in
such a manner as to achieve homogeneous distribution in the finished
explosive, including--
``(1) Ethylene glycol dinitrate (EGDN),
C<INF>2H<INF>4(NO<INF>3)<INF>2, molecular weight 152, when the
minimum concentration in the finished explosive is 0.2 percent
by mass;
``(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),
c<INF>6H<INF>12(NO<INF>2)<INF>2, molecular weight 176, when the
minimum concentration in the finished explosive is 0.1 percent
by mass;
``(3) Para-Mononitrotoluene (p-MNT),
C<INF>7H<INF>7NO<INF>2, molecular weight 137, when the minimum
concentration in the finished explosive is 0.5 percent by mass;
``(4) Ortho-Mononitrotoluene (o-MNT),
C<INF>7H<INF>7NO<INF>2, molecular weight 137, when the minimum
concentration in the finished explosive is 0.5 percent by mass;
and
``(5) any other substance in the concentration specified by
the Secretary, after consultation with the Secretary of State
and the Secretary of Defense, which has been added to the table
in part 2 of the Technical Annex to the Convention on the
Marking of Plastic Explosives.
``(q) `Plastic explosive' means an explosive material in flexible
or elastic sheet form formulated with one or more high explosives which
in their pure form have a vapor pressure less than 10-<SUP>4 Pa at a
temperature of 25 deg.C., is formulated with a binder material, and is
as a mixture malleable or flexible at normal room temperature.''.
SEC. 404. 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 which does not contain a detection agent.
``(m)(1) it shall be unlawful for any person to import or bring
into the United States, or export from the United States, any plastic
explosive which does not contain a detection agent.
``(2) 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 which was imported, brought into, or manufactured
in the United States prior to the effective date of the Marking of
Plastic Explosives for Detection Act 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 fifteen 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 which 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, which was imported,
brought into, or manufactured in the United States prior to the
effective date of this Act by any person during a period not
exceeding three years after the effective date of this Act; or
``(B) the shipment, transportation, transfer, receipt, or
possession of any plastic explosive, which was imported,
brought into, or manufactured in the United States prior to the
effective date of this Act 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 fifteen
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
effective date of this Act, to fail to report to the Secretary within
one hundred twenty days from the effective date of this Act the
quantity of such explosives possessed, the manufacturer or importer,
any marks of identification on such explosives, and such other
information as the Secretary may by regulations prescribe.''.
SEC. 405. CRIMINAL SANCTIONS.
Section 844(a) of title 18, United States Code, is amended to read
as follows:
``(a) Any person who violates subsections (a) through (i) or (1)
through (o) of section 842 of this chapter shall be fined under this
title or imprisoned not more than ten years, or both.''.
SEC. 406. 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) by adding at the end of subsection (a)(1) ``and which
pertains 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 which, within three 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. For
purposes of this subsection, the term `military device'
includes, but is not restricted to, shells, bombs, projectiles,
mines, missiles, rockets, shaped charges, grenades,
perforators, and similar devices lawfully manufactured
exclusively for military or police purposes.''.
SEC. 407. INVESTIGATIVE AUTHORITY.
Section 846 of title 18, United States Code, is amended--
(1) by inserting in the last sentence before the
``subsection'' the phrase ``subsection (m) or (n) of section
842 or;'', and
(2) by adding at the end the following: ``The Attorney
General shall exercise authority over violations of subsection
(m) or (n) of section 842 only when they are committed by a
member of a terrorist or revolutionary group. In any matter
involving a terrorist or revolutionary group or individual, as
determined by the Attorney General, the Attorney General shall
have primary investigative responsibility and the Secretary
shall assist the Attorney General as requested.''.
SEC. 408. EFFECTIVE DATE.
The amendments made by this title shall take effect one year after
the date of the enactment of this Act.
TITLE V--NUCLEAR MATERIALS
SEC. 501. EXPANSION OF NUCLEAR MATERIALS PROHIBITIONS.
(a)(1) Findings.--The Congress finds and declares:
(A) Nuclear materials, including byproduct materials, can
be used to create radioactive dispersal devices which are
capable of causing serious bodily injury as well as substantial
damage to property and the environment.
(B) The potential use of nuclear materials, including
byproduct materials, enhances the threat posed by terrorist
activities and thereby has a greater effect on the security
interests of the United States.
(C) Due to the widespread hazards presented by the threat
of nuclear contamination, as well as nuclear bombs, the United
States has a strong interest in assuring that persons who are
engaged in the illegal acquisition and use of nuclear
materials, including byproduct materials, are prosecuted for
their offenses.
(D) The threat that nuclear materials will be obtained and
used by terrorist and other criminal organizations has
increased substantially since the enactment in 1982 of the
legislation which implemented the Convention on the Physical
Protection of Nuclear Material, codified at section 831 of
title 18, United States Code.
(E) The successful efforts to obtain agreements from other
countries to dismantle nuclear weapons have resulted in
increased packaging and transportation of nuclear materials,
thereby decreasing the security of such materials by increasing
the opportunity for unlawful diversion and theft.
(F) The illicit trafficking in the relatively more common,
commercially available and usable nuclear and byproduct
materials poses a potential to cause significant loss of life
and/or environmental damage.
(G) Reported trafficking incidents in the early 1990's
suggest that the individuals involved in trafficking these
materials from Eurasia and Eastern Europe frequently conducted
their black market sales of
these materials within the Federal Republic of Germany, the
Baltic States, and to a lesser extent in the Middle European countries.
(H) The international community has become increasingly
concerned over the illegal possession of nuclear and nuclear
byproduct materials.
(I) The potentially disastrous ramifications of increased
access to nuclear and nuclear byproduct materials pose such a
significant future threat that the United States must use all
lawful methods available to combat the illegal use of such
materials.
(J) The United States has an interest in encouraging United
States corporations to do business in the countries which
comprised the former Soviet Union, as well as in other
developing democracies; protection of such United States
corporations from threats created by the unlawful use of
nuclear materials is important to the success of the effort to
encourage such business ventures, and to further the foreign
relations and commerce of the United States.
(K) The nature of nuclear contamination is such that it may
affect the health, environment, and property of United States
nationals even if the acts which constitute the illegal
activity occur outside the territory of the United States, and
are primarily directed toward non-United States nationals.
(L) There is presently no Federal criminal statute which
provides adequate protection to United States interests from
non-weapons grade, yet hazardous radioactive material, and from
the illegal diversion of nuclear materials which are held for
other than peaceful purposes.
(2) Purpose.--The purpose of the Act is to provide Federal law
enforcement the necessary tools and fullest possible basis allowed
under the Constitution of the United States to combat the threat of
nuclear contamination and proliferation which may result from illegal
possession and use of radioactive materials.
(b) Expansion of Scope and Jurisdictional Bases.--Section 831 of
title 18, United States Code, is amended by--
(1) in subsection (a), striking ``nuclear material'' each
time it appears and inserting each time ``nuclear material or
nuclear byproduct material'';
(2) in subsection (a)(1)(A), inserting ``or the
environment'' after ``property'';
(3) amending subsection (a)(1)(B) to read as follows:
``(B)(i) circumstances exist which are likely to
cause the death of or serious bodily injury to any
person or substantial damage to property or the
environment; or (ii) such circumstances are represented
to the defendant to exist;'';
(4) in subsection (a)(6), inserting ``or the environment''
after ``property'';
(5) amending subsection (c)(2) to read as follows:
``(2) an offender or a victim is a national of the United
States or a United States corporation or other legal entity;'';
(6) in subsection (c)(3), striking ``at the time of the
offense the nuclear material is in use, storage, or transport,
for peaceful purposes, and'';
(7) striking ``or'' at the end of subsection (c)(3);
(8) in subsection (c)(4), striking ``nuclear material for
peaceful purposes'' and inserting ``nuclear material or nuclear
byproduct material'';
(9) striking the period at the end of subsection (c)(4) and
inserting ``; or'';
(10) adding at the end of subsection (c) a new paragraph as
follows:
``(5) the governmental entity under subsection (a)(5) is
the United States or the threat under subsection (a)(6) is
directed at the United States.'';
(11) in subsection (f)(1)(A), striking ``with an isotopic
concentration not in excess of 80 percent plutonium 238'';
(12) inserting at the beginning of subsection (f)(1)(C)
``enriched uranium, defined as'';
(13) redesignating subsections (f)(2)-(4) as (f)(3)-(5);
(14) inserting after subsection (f)(1) the following new
paragraph:
``(2) the term `nuclear byproduct material' means any
material containing any radioactive isotope created through an
irradiation process in the operation of a nuclear reactor or
accelerator;'';
(15) striking ``and'' at the end of subsection (f)(4), as
redesignated;
(16) striking the period at the end of subsection (f)(5),
as redesignated, and inserting a semicolon; and
(17) adding at the end of subsection (f) the following new
paragraphs:
``(6) the term `national of the United States' has the
meaning prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)); and
``(7) the term `United States corporation or other legal
entity' means any corporation or other entity organized under
the laws of the United States or any State, district,
commonwealth, territory or possession of the United States.''.
TITLE VI--PROCEDURAL AND TECHNICAL CORRECTIONS AND IMPROVEMENTS
SEC. 601. 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), 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.''.
SEC. 602. EXPANSION OF WEAPONS OF MASS DESTRUCTION STATUTE.
Section 2332a of title 18, United States Code, is amended by--
(1) in subsection (a), inserting ``threatens,'' before
``attempts or conspires to use, a weapon of mass destruction'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by adding the following new subsection:
``(b) Any national of the United States who outside of the United
States uses, or threatens, attempts or conspires to use, a weapon of
mass destruction shall be imprisoned for any term of years or for life,
and if death results, shall be punished by death or imprisonment for
any term of years or for life.''.
SEC. 603. ADDITION OF TERRORIST OFFENSES TO THE RICO STATUTE.
(a) Section 1961(1)(B) of title 18 of the United States Code is
amended by--
(1) 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) inserting after ``section 224 (relating to sports
bribery),'' the following: ``section 351 (relating to
Congressional or Cabinet officer assassination),'';
(3) 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) 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) 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) 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) inserting after ``section 1513 (relating to retaliating
against a witness, victim, or an informant),'' the following:
``section 1751 (relating to Presidential assassination),'';
(8) 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) 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 of the United States Code is
amended by striking ``or'' before ``(E)'', and inserting at the end
thereof the following: ``or (F) section 46502 of title 49, United
States Code;''.
SEC. 604. ADDITION OF TERRORISM OFFENSES TO THE MONEY LAUNDERING
STATUTE.
(a) Section 1956(c)(7)(B)(ii) of title 18, United States Code, is
amended by striking ``or extortion;'' and inserting ``extortion,
murder, or destruction of property by means of explosive or fire;''.
(b) Section 1956(c)(7)(D) of title 18, United States Code, is
amended by--
(1) 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) inserting after ``section 215 (relating to commissions
or gifts for procuring loans),'' the following: ``section 351
(relating to Congressional or Cabinet officer
assassination),'';
(3) 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) 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) 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) 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) inserting after ``section 1708 (relating to theft from
the mail'' the following:''), section 1751 (relating to
Presidential assassination),'';
(8) 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) 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. 605. AUTHORIZATION FOR INTERCEPTIONS OF COMMUNICATIONS IN CERTAIN
TERRORISM RELATED OFFENSES.
(a) Section 2516(1) of title 18, United States Code, is amended
by--
(1) striking ``and'' at the end of subparagraph (n);
(2) redesignating subparagraph (o) as subparagraph (q); and
(3) inserting these two new paragraphs after paragraph (n):
``(o) any violation of section 956 or section 960 of title 18,
United States Code (relating to certain actions against foreign
nations);
``(p) 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),''.
SEC. 606. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION.
Section 2280(B)(1)(A) of title 18, United States Code, is amended
by--
(1) in clause (ii), striking ``and the activity is not
prohibited as a crime by the State in which the activity takes
place''; and
(2) in clause (iii), striking ``the activity takes place on
a ship flying the flag of a foreign country or outside of the
United States,''.
SEC. 607. EXPANSION OF FEDERAL JURISDICTION OVER BOMB THREATS.
Section 844(e) of title 18, United States Code, is amended by--
(1) inserting ``(1)'' before ``Whoever''; and
(2) adding at the end thereof this new paragraph:
``(2) Whoever willfully makes any threat, or maliciously
conveys false information knowing the same to be false,
concerning an attempt or alleged attempt being made, or to be
made to violate subsections (f) or (i) of this section or
section 81 of this title shall be fined under this title or
imprisoned for not more than five years, or both.
SEC. 608. INCREASED PENALTY FOR EXPLOSIVE CONSPIRACIES.
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. 609. AMENDMENT TO INCLUDE ASSAULTS, MURDERS, AND THREATS AGAINST
FORMER FEDERAL OFFICIALS ON ACCOUNT OF THE PERFORMANCE OF
THEIR OFFICIAL DUTIES.
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''.
SEC. 610. 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)(4) of title 18, United States Code, 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 609, 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(a)(2) of title 49, United States Code, is
amended by inserting ``or conspiring'' after ``attempting''.
(2) Section 46502(b)(1) of title 49, United States Code, is amended
by inserting ``or conspiring to commit'' after ``committing''.
TITLE VII--ANTITERRORISM ASSISTANCE
SEC. 701. FINDINGS.
Congress finds that in order to improve the effectiveness and cost
efficiency of the Antiterrorism Training Assistance Program, which is
administered and coordinated by the Department of State to increase the
antiterrorism capabilities of friendly countries, more flexibility is
needed in providing trainers and courses overseas and to provide
personnel needed to enhance the administration and evaluation of the
courses.
SEC. 702. ANTITERRORISM ASSISTANCE AMENDMENTS.
Section 573 of chapter 8 (relating to antiterrorism assistance), of
the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa2) is amended by:
(1) striking ``30 days'' in subsection (d)(1)(A) and
inserting in lieu thereof ``180 days'';
(2) striking the ``add'' after subsection (d)(1)(B);
(3) striking subsection (d)(1)(B);
(4) inserting ``and'' after subsection (d)(1)(A);
(5) redesignating subsection (d)(1)(C) as subsection
(d)(1)(B);
(6) amending subsection (d)(2) to read as follows:
``(2) Personnel of the United States Government authorized
to advise foreign countries on anti-terrorism matters shall
carry out their responsibilities within the United States when
determined most effective or outside the United States for
periods not to exceed 180 consecutive calendar days.''; and
(7) striking subsection (f).
TITLE VIII--SUBSTANTIVE INVESTIGATIVE ENHANCEMENTS
SEC. 801. PEN REGISTERS AND TRAP AND TRACE DEVICES IN FOREIGN
COUNTERINTELLIGENCE AND COUNTERTERRORISM INVESTIGATIONS.
(a) Chapter 206, title 18, United States Code, is amended--
(1) by redesignating section 3127 as section 3128; and
(2) by adding the following new section 3127:
``Sec. 3127. Pen register or a trap and trace device in foreign
counterintelligence and counterterrorism investigations
``(a) Notwithstanding any other law, the provisions of this chapter
shall be applicable to foreign counterintelligence and international
terrorism investigations conducted by the Federal Bureau of
Investigation.
``(b) An application under this section for an order or an
extension of an order under section 3123 of this title shall include--
``(1) the identity of the attorney for the Government and
the fact that the investigation is being conducted by the
Federal Bureau of Investigation; and
``(2) a certification by the applicant that the information
likely to be obtained is relevant to an ongoing foreign
counterintelligence or international terrorism investigation
being conducted by the Federal Bureau of Investigation.
``(c) All applications and orders under this section shall be
maintained by the Federal Bureau of Investigation.
(b) Clerical Amendment.--The table of sections at the beginning of
Chapter 206 is amended--
(1) to renumber section 3128 as redesignated; and
(2) by adding after the item relating to section 3126 the
following:
``3127. Pen register or a trap and trace device in foreign
counterintelligence and counterterrorism
investigations.''
SEC. 802. DISCLOSURE OF INFORMATION AND CONSUMER REPORTS TO FBI FOR
FOREIGN COUNTERINTELLIGENCE PURPOSES.
(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 foreign
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
the 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 (who shall
be an individual with the rank and title of Deputy Assistant Director
or above), 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 (50 U.S.C.
1801) 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 by 18 U.S.C. 2331) or clandestine
intelligence activities that involve a violation of
criminal statutes of the United States.
``(b) Identifying Information.--Notwithstanding the provisions of
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 written request, signed by Director or the
Director's authorized designee, which certifies compliance with this
subsection. The Director or the Director's authorized designee may make
such a certification only if the Director or the Director's authorized
designee has determined in writing that--
``(1) such information is necessary for the conduct of an
authorized foreign 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 (50
U.S.C. 1801)).
``(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 authorized designee of the Director, a court may
issue an order ex parte directing a consumer reporting agency to
furnish a consumer report to the Federal Bureau of Investigation, upon
a showing in camera that--
``(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 18 U.S.C. 2331)
or clandestine intelligence activities that 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 foreign
counterintelligence investigation.
``(d) Confidentiality.--No consumer reporting agency or officer,
employee, or agent of a consumer reporting agency shall disclose to any
person, other than those 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) and 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 a 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 as may be
necessary for the approval or conduct of a foreign counterintelligence
investigation, or, where the information concerns a person subject to
the Uniform Code of Military Justice, to appropriate investigative
authorities within the military department concerned as may be
necessary for the conduct of a joint foreign counterintelligence
investigation.
``(g) Rules of Construction.--Nothing in this section shall be
construed to prohibit information from being furnished by the Federal
Bureau of Investigation pursuant to a subpoena or court order, or in
connection with a judicial or administrative proceeding to enforce the
provisions of this Act. Nothing in this section shall be construed to
authorize or permit the withholding of information from the Congress.
``(h) Reports To Congress.--On a semiannual basis, the Attorney
General of the United States shall fully inform the Permanent Select
Committee on Intelligence and the Committee on Banking and Financial
Services of the House of Representatives, and the Select Committee on
Intelligence and the Committee on Banking, Housing, and Urban Affairs
of the Senate concerning all requests made pursuant to subsections (a),
(b), and (c).
``(i) Damages.--Any agency or department of the United States
obtaining or disclosing any consumer reports, records, or information
contained therein in violation of this section is liable to the
consumer to whom such consumer reports, records, or information relate
in an amount equal to the sum of--
``(1) $100, without regard to the volume of consumer
reports, records, or information involved;
``(2) any actual damages sustained by the consumer as a
result of the disclosure;
``(3) if the violation is found to have been willful or
intentional, such punitive damages as a court may allow; and
``(4) in the case of any successful action to enforce
liability under this subsection, the costs of the action,
together with reasonable attorney fees, as determined by the
court.
``(j) Disciplinary Actions for Violations.--If a court determines
that any agency or department of the United States has violated any
provision of this section and the court finds that the circumstances
surrounding the violation raise questions of whether or not an officer
or employee of the agency or department acted willfully or
intentionally with respect to the violation, the agency or department
shall promptly initiate a proceeding to determine whether or not
disciplinary action is warranted against the officer or employee who
was responsible for the violation.
``(k) Good Faith Exception.--Notwithstanding any other provision of
this title, any consumer reporting agency or agent or employee thereof
making disclosure of consumer reports or identifying information
pursuant to this subsection in good-faith reliance upon a certification
of the Federal Bureau of Investigation pursuant to provisions of this
section shall not be liable to any person for such disclosure under
this title, the constitution of any State, or any law or regulation of
any State or any political subdivision of any State.
``(l) Limitation of Remedies.--Notwithstanding any other provision
of this title, the remedies and sanctions set forth in this section
shall be the only judicial remedies and sanctions for violation of this
section.
``(m) Injunctive Relief.--In addition to any other remedy contained
in this section, injunctive relief shall be available to require
compliance with the procedures of this section. In the event of any
successful action under this subsection, costs together with reasonable
attorney fees, as determined by the court, may be recovered.''.
(b) Clerical Amendment.--The table of sections at the beginning of
the Fair Credit Reporting Act (15 U.S.C. 1681a et seq.) is amended by
adding after the item relating to section 623 the following:
``624. Disclosures to Federal Bureau of Investigation for foreign
counterintelligence purposes.''
SEC. 803. STUDY AND REQUIREMENTS FOR TAGGING OF EXPLOSIVE MATERIALS,
AND STUDY AND RECOMMENDATIONS FOR RENDERING EXPLOSIVE
COMPONENTS INERT AND IMPOSING CONTROLS ON PRECURSORS OF
EXPLOSIVES.
(a) The Secretary of the Treasury shall conduct a study and make
recommendations concerning--
(1) the tagging of explosive materials for purposes of
detection and identification;
(2) whether common chemicals used to manufacture explosive
materials can be rendered inert and whether it is feasible to
require it; and
(3) whether controls can be imposed on certain precursor
chemicals used to manufacture explosive materials and whether
it is feasible to require it.
In conducting the study, the Secretary shall consult with other
Federal, State and local officials with expertise in this area and such
other individuals as shall be deemed necessary. Such study shall be
complete within twelve months after the enactment of this Act and shall
be submitted to the Congress and made available to the public. Such
study may include, if appropriate, recommendations for legislation.
(b) There are authorized to be appropriated for the study and
recommendations contained in paragraph (a) such sums as may be
necessary.
(c) Section 842, of title 18, United States Code, is amended by
inserting after subsection (k), a new subsection (l) which reads as
follows:
``(l) It shall be unlawful for any person to manufacture, import,
ship, transport, receive, possess, transfer, or distribute any
explosive material that does not contain a tracer element as prescribed
by the Secretary pursuant to regulation, knowing or having reasonable
cause to believe that the explosive material does not contain the
required tracer element.''.
(d) Section 844, of title 18, United States Code, is amended by
inserting after ``(a) through (i)'' the phrase ``and (l)''.
(e) Section 846, of title 18, United States Code, is amended by
designating the present section as ``(a),'' and by adding a new
subsection (b) reading as follows: ``(b) to facilitate the enforcement
of this chapter, the Secretary may provide by regulation for the
addition of tracer elements to explosive materials manufactured in or
imported into the United States. Tracer elements to be added to
explosive materials under provisions of this subsection shall be of
such character and in such quantity as the Secretary may authorize or
require, and such as will not substantially impair the quality of the
explosive materials for their intended lawful use, be unreasonably
unsafe, or have a substantially adverse effect on the environment.''.
(f) The penalties provided for herein, shall not take effect until
the later of one year from the date of enactment of this Act or ninety
days from the date of promulgation of the regulations provided for
herein.
SEC. 804. ACCESS TO RECORDS OF COMMON CARRIERS, PUBLIC ACCOMMODATION
FACILITIES, PHYSICAL STORAGE FACILITIES AND VEHICLE
RENTAL FACILITIES IN FOREIGN COUNTERINTELLIGENCE AND
COUNTERTERRORISM CASES.
Title 18, United States Code, is amended by inserting after chapter
121 the following new chapter:
``CHAPTER 122--ACCESS TO CERTAIN RECORDS
``Sec. 2720. Access to records of common carriers, public
accommodation facilities, physical storage facilities and vehicle
rental facilities in counterintelligence and counterterrorism cases
``(a) Any common carrier, public accommodation facility, physical
storage facility or vehicle rental facility shall comply with a request
for records in its possession made pursuant to this section by the
Federal Bureau of Investigation when the Director or designee (whose
rank shall be no lower than Assistant Special Agent in Charge)
certifies in writing to the common carrier, public accommodation
facility, physical storage facility or vehicle rental facility that
such records are sought for foreign counterintelligence purposes and
that there are specific and articulable facts giving reason to believe
that the person to whom the records sought pertain, is a foreign power
or an agent of a foreign power as defined in section 101 of the Foreign
Intelligence Surveillance Act (50 U.S.C. 1801).
``(b) No common carrier, public accommodation facility, physical
storage facility or vehicle rental facility or any officer, employee or
agent of such common carrier, public accommodation facility, physical
storage facility or vehicle rental facility shall disclose to any
person, other than those officers, agents or employees of the common
carrier, public accommodation facility, physical storage facility or
vehicle rental facility necessary to fulfill the requirement to
disclose the information to the Federal Bureau of Investigation under
this section, that the Federal Bureau of Investigation has sought or
obtained the records requested.
``(c) As used in this chapter--
``(1) the term `common carrier' means a locomotive, a rail
carrier, a bus carrying passengers, a water common carrier, an
air common carrier, or a private commercial interstate carrier
for the delivery of packages and other objects;
``(2) the term `public accommodation facility' means any
inn, hotel, motel or other establishment which provides lodging
to transient guests;
``(3) the term `physical storage facility' means any
business or entity which provides space for the storage of
goods or materials, or services related to the storage of goods
or materials to the public or any segment thereof; and
``(4) the term `vehicle rental facility' means any person
or entity which provides vehicles for rent, lease, loan or
other similar use, to the public or any segment thereof.''.
SEC. 805. LIMITATION OF STATUTORY EXCLUSIONARY RULE.
Section 2515 of title 18, United States Code, is amended by adding
at the end the following: ``This section shall not apply to the
disclosure by the United States in a criminal trial or hearing or
before a grand jury of the contents of a wire or oral communication, or
evidence derived therefrom, unless the violation of this chapter
involved bad faith by law enforcement.''
SEC. 806. AUTHORITY FOR WIRETAPS IN ANY TERRORISM-RELATED OR EXPLOSIVES
FELONY.
Section 2516(1) of title 18, United States Code, is amended--
(1) by inserting after the words ``section 224 (bribery in
sporting contests)'', the words ``section 842 (relating to
explosives violations)''.
(2) by striking ``and'' at the end of paragraph
(n);
(3) by striking the period at the end of paragraph (o) and
inserting ``; and''; and
(4) by adding a new paragraph (p) as follows:
``(p) any other felony under the laws of the United States
if the Attorney General, the Deputy Attorney General, or the
Assistant Attorney General for the Criminal Division (or an
official acting in any such capacity) certifies to the court
under seal that there is reason to believe the felony involves
or may involve domestic terrorism or international terrorism
(as those terms are defined in 18 U.S.C. 2331).''.
Section 2510(12) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by inserting ``or'' at the end of subparagraph (C); and
(3) by adding a new subparagraph (D), as follows:
``(D) information stored in a communications system
used for the electronic storage and transfer of
funds;''
Section 2510(16) of title 18, United States Code, is amended--
(1) by inserting ``or'' at the end of subparagraph (D);
(2) by striking ``or'' at the end of subparagraph (E); and
(3) by striking subparagraph (F).
SEC. 807. TEMPORARY EMERGENCY WIRETAP AUTHORITY INVOLVING TERRORISTIC
CRIMES.
(a) Section 2518(7)(a)(iii) of title 18, United States Code, is
amended by inserting ``or domestic terrorism or international terrorism
(as those terms are defined in 18 U.S.C. 2331)'' after ``organized
crime''.
(b) Section 2331 of title 18, United States Code, is amended by
inserting the following words after subsection (4)--
``(5) the term `domestic terrorism' means any activities
that involve violent acts or acts dangerous to human life that
are a violation of the criminal laws of the United States or of
any State and which appear to be intended to intimidate or
coerce a civilian population or to influence the policy of a
government by intimidation or coercion; or to affect the
conduct of a government by assassination or kidnapping.''.
SEC. 808. EXPANDED AUTHORITY FOR ROVING WIRETAPS.
Section 2518(11) of title 18, United States Code, is amended to
read as follows:
``(11) The requirements of subsections (1)(b)(ii) and (3)(d) of
this section relating to the specification of facilities from which or
the place where the communication is to be intercepted do not apply if
in the case of an application with respect to the interception of wire,
oral or electronic communications--
``(a) the application is by a Federal investigative or law
enforcement officer, and is approved by the Attorney General,
the Deputy Attorney General, the Associate Attorney General, or
an Assistant Attorney General (or an official acting in any
such capacity);
``(b) the application contains a full and complete
statement as to why such specification is not practical and
identifies the person committing the offense and whose
communications are to be intercepted; and
``(c) the judge finds that such specification is not
practical.''.
SEC. 809. ENHANCED ACCESS TO TELEPHONE BILLING RECORDS.
(a) Section 2709(b) of title 18, United States Code, is amended--
(1) in subparagraph 1(A), by inserting ``local and long
distance'' before ``toll billing records''; and
(2) by adding at the end a new paragraph (3), as follows:
``(3) request the name, address, length of service, and
local and long distance toll billing records of a person or
entity if the Director (or designee in a position not lower
than Deputy Assistant Director) certifies in writing to the
wire or electronic communication service provider to which the
request is made that the information sought is relevant to an
authorized domestic terrorism (as that term is defined in
section 107 of this Act) investigation.''.
(b) Section 2703(c)(1)(C) of title 18, United States Code, is
amended by inserting ``local and long distance'' before ``telephone
toll billing records''.
SEC. 810. REQUIREMENT TO PRESERVE EVIDENCE.
Section 2703 of title 18, United States Code, is amended by adding
a new subsection (f), as follows:
``(f) Requirement to Preserve Evidence.--A provider of wire or
electronic communication services or a remote computing service, upon
the request of a governmental entity, shall take all necessary steps to
preserve records and other evidence in its possession pending the
issuance of a court order or other process. Such records shall be
retained for a period of ninety days, which period shall be extended
for an additional ninety-day period upon a renewed request by the
governmental entity.''.
SEC. 811. PERMISSION TO REQUEST MILITARY ASSISTANCE WITH RESPECT TO
OFFENSES INVOLVING CHEMICAL AND BIOLOGICAL WEAPONS.
(a) Section 175 of title 18, United States Code, is amended by
adding a new subsection (c), as follows:
``(c)(1) Military Assistance.--Notwithstanding any other provision
of law, the Attorney General may request that the Secretary of Defense
provide technical assistance in support of Department of Justice
activities relating to the enforcement of this section in situations
involving biological weapon emergencies. Department of Defense
resources, including civilian personnel and members of the uniformed
services, may be used to provide such technical assistance if:
``(A) The Secretary of Defense and the Attorney General
determine that an emergency situation involving biological
weapons of mass destruction exists; and
``(B) The Secretary of Defense determines that the
provision of such assistance will not adversely affect the
military preparedness of the United States.
``(2) As used in this section, `emergency situation' means a
circumstance--
``(A) that poses a serious threat to the interests of the
United States; and
``(B) in which--
``(i) enforcement of the law would be seriously
impaired if the assistance were not provided;
``(ii) military technical assistance and expertise
is needed to counter the threat posed by the biological
agent involved; and
``(iii) civilian law enforcement expertise is not
available to provide the required technical assistance.
``(3) As used in this section, `technical assistance' means the
provision of equipment and technical expertise to law enforcement
officials in the investigation of violations of this section, such as
technical assistance in conducting searches that seek evidence or
instrumentalities of violations of this section, technical assistance
in taking and collecting evidence related to violations of this
section, and technical assistance in disarming and disabling
individuals in possession of contraband under this section. It does not
include authority to apprehend or arrest.
``(4) The Secretary of Defense may require reimbursement as a
condition of assistance under this section.
``(5) The Attorney General may delegate the Attorney General's
function under this subsection only to a Deputy, Associate, or
Assistant Attorney General.''.
(b) Chapter 113B of title 18, United States Code, is amended by
adding after section 2332a the following new section:
``Sec. 2332b. Use of chemical weapons
``(a) Offense.--A person who without lawful authority uses, or
attempts or conspires to use, a chemical weapon--
``(1) against a national of the United States while such
national is outside of the United States;
``(2) against any person within the United States; or
``(3) against any property that is owned, leased or used by
the United States or by any department or agency of the United
States, whether the property is within or outside of the United
States,
shall be imprisoned for any term of years or for life, and if
death results, shall be punished by death or imprisoned for any
term of years or for life.
``(b) Definitions.--For purposes of this section--
``(1) the term ``national of the United States'' has the
meaning given in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)); and
``(2) the term ``chemical weapon'' means any weapon that is
designed to cause death or serious bodily injury through the
release, dissemination, or impact of toxic or poisonous
chemicals or their precursors.
``(c)(1) Military Assistance.--Notwithstanding any other provision
of law, the Attorney General may request that the Secretary of Defense
provide technical assistance in support of Department of Justice
activities relating to the enforcement of this section in situations
involving chemical weapon emergencies. Department of Defense resources,
including civilian personnel and members of the uniformed services, may
be used to provide such technical assistance if:
``(A) The Secretary of Defense and the Attorney General
determine that an emergency situation involving chemical
weapons of mass destruction exists; and
``(B) The Secretary of Defense determines that the
provision of such assistance will not adversely affect the
military preparedness of the United States.
``(2) As used in this section, `emergency situation' means a
circumstance--
``(A) that poses a serious threat to the interests of the
United States; and
``(B) in which--
``(i) enforcement of the law would be seriously
impaired if the assistance were not provided;
``(ii) military technical assistance and expertise
is needed to counter the threat posed by the chemical
agent involved; and
``(iii) civilian law enforcement expertise is not
available to provide the required technical assistance.
``(3) As used in this section, `technical assistance' means the
provision of equipment and technical expertise to law enforcement
officials in the investigation of violations of this section, such as
technical assistance in conducting searches that seek evidence or
instrumentalities of violations of this section, technical assistance
in taking and collecting evidence related to violations of this
section, and technical assistance in disarming and disabling
individuals in possession of contraband under this section. It does not
include authority to apprehend or arrest.
``(4) The Secretary of Defense may require reimbursement as a
condition of assistance under this section.
``(5) The Attorney General may delegate the Attorney General's
function under this subsection only to a Deputy, Associate, or
Assistant Attorney General.''.
(c) Clerical Amendment.--The chapter analysis for chapter 113B of
title 18, United States Code, is amended by adding after the item
relating to section 2332a the following:
``2332b. Use of chemical weapons''.
(d) Section 2332a of title 18, United States Code, is amended by
inserting between the words ``A person who'' and ``uses, or attempts'',
the words ``without lawful authority'', at the beginning of subsection
(a).
SEC. 812. GENERAL REWARD AUTHORITY OF THE ATTORNEY GENERAL.
Section 3059B of title 18, United States Code, is hereby amended by
adding the following section:
``(a) Notwithstanding any other provision of law, the Attorney
General may pay rewards and receive from any department or agency,
funds for the payment of rewards under this section, to any individual
who assists the Department of Justice in performing its functions.
``(b) If the reward exceeds $100,000, the Attorney General, within
thirty (30) days of having authorized the payment of such a reward,
shall give notice to the respective Chairmen of the Committees on
Appropriations and the Committees on the Judiciary of the Senate and
the House of Representatives.
``(c) A determination made by the Attorney General as to whether to
authorize an award under this section and as to the amount of any
reward authorized shall be final and conclusive, and no court shall
have power or jurisdiction to review it.''.
TITLE IX--SUBSTANTIVE PROSECUTIVE ENHANCEMENT
SEC. 901. POSSESSION OF STOLEN EXPLOSIVES.
Section 842(h) of title 18, United States Code, is amended to read
as follows:
``(h) It shall be unlawful for any person to receive, possess,
transport, ship, conceal, store, barter, sell, dispose of, or pledge or
accept as security for a loan, any stolen explosive materials which are
moving as, which are part of, which constitute, or which have been
shipped or transported in, interstate or foreign commerce, either
before or after such materials were stolen, knowing or having
reasonable cause to believe that the explosive materials were
stolen.''.
SEC. 902. PROTECTION OF FEDERAL EMPLOYEES ON ACCOUNT OF THE PERFORMANCE
OF THEIR OFFICIAL DUTIES.
(a) 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) Whoever kills or attempts to kill any United States official,
United States judge, Federal law enforcement officer, or member of the
uniformed services, or any other officer or employee of the United
States or any agency of the executive, legislative, or judicial branch
thereof, while such officer or employee is engaged in or on account of
the performance of official duties, or any person assisting such an
official, judge, officer, or employee in, or on account of the person's
assistance in, the performance of such duties shall be punished, in the
case of murder, as provided under section 1111, or in the case of
manslaughter, as provided under section 1112, except that any such
person who is found guilty of attempted murder shall be imprisoned for
not more than twenty years.
``(b) As used in this section, the terms `United States official',
`United States judge', and `Federal law enforcement officer' have the
meanings prescribed in section 115 of this title.''.
(b) Section 115(a)(2) of title 18, United States Code, is amended
by inserting ``, or threatens to assault, kidnap, or murder, any person
who formerly served as a person designated in paragraph (1), or'' after
``assaults, kidnaps, or murders, or attempts to kidnap or murder''.
TITLE X--CRIMINAL PENALTIES
SEC. 1001. MANDATORY PENALTY FOR TRANSFERRING A FIREARM KNOWING THAT IT
WILL BE USED TO COMMIT A CRIME OF VIOLENCE.
Section 924(h) of title 18, United States Code, is amended by--
(1) inserting ``or having reasonable cause to believe''
after ``knowingly'', and
(2) striking ``not more than'' and inserting ``not less
than''.
SEC. 1002. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE MATERIAL
KNOWING THAT IT WILL BE USED TO COMMIT A CRIME OF
VIOLENCE.
Section 844 of title 18, United States Code, is amended by adding
at the end, the following--
``(n) Whoever knowingly transfers an explosive material, knowing or
having reasonable cause to believe that such explosive material will be
used to commit a crime of violence (as defined in section 924(c)(3) of
this title) or drug trafficking crime (as defined in section 924(c)(2)
of this title) shall be imprisoned for not less than ten years, fined
in accordance with this title, or both.
SEC. 1003. INCREASED PERIOD OF LIMITATIONS FOR NATIONAL FIREARMS ACT.
(a) Section 6531 of the Internal Revenue Code of 1986 (26 U.S.C.
6531) is amended by amending the matter preceding paragraph (1) to read
as follows:
``No person shall be prosecuted, tried, or punished for any of the
various offenses arising under the internal revenue laws unless the
indictment is found or the information instituted within 3 years next
after the commission of the offense, except that the period of
limitation--
``(a) shall be 5 years for offenses described in section 58612
(relating to firearms and other devices); and
``(b) shall be 6 years--.''.
TITLE XI--FUNDING
SEC. 1101. CIVIL MONETARY PENALTY SURCHARGE AND TELECOMMUNICATIONS
CARRIER COMPLIANCE PAYMENTS.
Public Law 103-414, October 25, 1994, 108 Stat. 4279, is amended by
inserting at its conclusion a new title IV, as follows:
``TITLE IV--CIVIL MONETARY PENALTY SURCHARGE AND TELECOMMUNICATIONS
CARRIER COMPLIANCE PAYMENTS
``SEC. 401. CIVIL MONETARY PENALTY SURCHARGE.
``(a) Imposition.--Notwithstanding any other provision of law, and
subject to section 402(c) of this title, a surcharge of 40 percent of
the principal amount of a civil monetary penalty shall be added to each
civil monetary penalty at the time it is assessed by the United States
or an agency thereof.
``(b) Application of Payments.--Payments relating to a civil
monetary penalty shall be applied in the following order: (1) to costs;
(2) to principal; (3) to surcharges required by subsection (a) of this
section; and (4) to interest.
``(c) Effective Dates.--(1) A surcharge under subsection (a) of
this section shall be added to all civil monetary penalties assessed on
or after October 1, 1995, or the date of enactment of this title,
whichever is later.
``(2) The authority to add a surcharge under this section shall
terminate on October 1, 1998.
``(d) Limitation.--The provisions of this section shall not apply
to any civil monetary penalty assessed under title 26, United States
Code.
``SEC. 402. DEPARTMENT OF JUSTICE TELECOMMUNICATIONS CARRIER COMPLIANCE
FUND.
``(a) Establishment of Fund.--There is hereby established in the
United States Treasury a fund to be known as the Department of Justice
Telecommunications Carrier Compliance Fund (hereinafter referred to as
`the Fund'), which shall be available to the Attorney General to the
extent and in the amounts authorized by subsection (c) of this section
to make payments to telecommunications carriers, as authorized by
section 109 of the Communications Assistance for Law Enforcement Act.
``(b) Offsetting Collections.--Notwithstanding section 3302 of
title 31, United States Code, the Attorney General may credit
surcharges added pursuant to section 401 of this title to the Fund as
offsetting collections.
``(c) Requirements for Appropriations Offset.--(1) Surcharges added
pursuant to section 401 of this title are authorized only to the extent
and in the amounts provided for in advance in appropriations acts.
``(2)(A) Collections credited to the Fund are authorized to be
appropriated in such amounts as may be necessary, but not to exceed
$100,000,000 in fiscal year 1996, $305,000,000 in fiscal year 1997, and
$80,000,000 in fiscal year 1998.
``(B) Amounts described in subparagraph (A) of this paragraph are
authorized to be appropriated without fiscal year limitation.
``(d) Termination.--(1) The Attorney General may terminate the Fund
at such time as the Attorney General determines that the Fund is no
longer necessary.
``(2) Any balance in the Fund at the time of its termination shall
be deposited in the general fund of the Treasury.
``(3) A decision of the Attorney General to terminate the Fund
shall not be subject to judicial review.
``SEC. 403. DEFINITIONS.
``For purposes of this title, the terms `agency' and `civil
monetary penalty' have the meanings given to them by section 3 of the
Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law
101-410, Oct. 5, 1990, 104 Stat. 890 (28 U.S.C. 2461 note).''.
<all>
S 761 IS----2
S 761 IS----3
S 761 IS----4
S 761 IS----5
S 761 IS----6
S 761 IS----7
S 761 IS----8
S 761 IS----9
S 761 IS----10