[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 761 Placed on Calendar Senate (PCS)]





                                                       Calendar No. 107

104th CONGRESS

  1st Session

                                 S. 761

_______________________________________________________________________

                                 A BILL

     To improve the ability of the United States to respond to the 
                    international terrorist threat.

_______________________________________________________________________

                              May 15, 1995

            Read the second time and placed on the calendar





                                                       Calendar No. 107
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

                              May 15, 1995

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 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).''.
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