[House Report 104-480]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-480
_______________________________________________________________________


                    PROVIDING FOR CONSIDERATION OF
 
 H.R. 2703, THE EFFECTIVE DEATH PENALTY AND PUBLIC SAFETY ACT OF 1996

                                _______


   March 12, 1996.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


    Ms. Pryce, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 380]

    The Committee on Rules, having had under consideration 
House Resolution 380, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               Brief Summary of Provisions of Resolution

    The resolution provides for consideration of H.R. 2703, the 
``Effective Death Penalty and Public Safety Act of 1996'' under 
a modified closed rule. The rule provides one hour of general 
debate divided equally between the chairman and ranking 
minority member of the Committee on the Judiciary. The rule 
provides for consideration of only those amendments printed in 
the Rules Committee report, which shall be considered only in 
the order printed in the report, may be offered only by a 
Member designated in the report, shall be considered as read, 
shall be debatable for the time specified in the report equally 
divided between the proponent and an opponent, shall not be 
subject to amendment, and shall not be subject to a demand for 
a division of the question in the House or in the Committee of 
the Whole. The rule also waives all points of order against the 
amendments printed in the report.
    The rule allows the Chairman of the Committee of the Whole 
to postpone votes during consideration of the bill, and allows 
the Chairman of the Committee of the Whole to reduce votes to 
five minutes on a postponed question if the vote follows a 
fifteen minute vote.
    The rule provides for one motion to recommit, with or 
without instructions.
    The rule provides that it shall be in order at any time for 
the Judiciary Committee Chairman or a designee to offer 
amendments en bloc consisting of amendments not previously 
disposed of which are printed in the Rules Committee report or 
germane modifications thereof. The rule provides that 
amendments offered en bloc shall be considered as read (except 
that modifications shall be reported), and shall be debatable 
for 20 minutes equally divided between the chairman and ranking 
minority member of the Judiciary Committee or their designee. 
The rule permits the original proponent of an amendment 
included in an en bloc amendment to insert a statement in the 
Congressional Record immediately prior to the disposition of 
the amendments en bloc.
    The rule provides that after passage of H.R. 2703, it shall 
be in order to take S. 735 from the Speaker's table and 
consider it in the House. The rule allows for a motion to 
strike all after the enacting clause of the Senate bill and 
insert the text of H.R. 2703 as passed by the House. The rule 
provides further that it shall be in order to move that the 
House insist on its amendments to S. 735 and request a 
conference.

 Summary of Amendments Made in Order for H.R. 2703 the Effective Death 
                 Penalty and Public Safety Act of 1996

            (listed in the order they appear in this report)

    1. Hyde: Revised--Manager's Amendment. Strikes ``Disclosure 
of Certain Consumer Reports to the FBI'' and ``Disclosure of 
Business Records held by Third Parties in Foreign 
Counterintelligence Cases' sections. Modifies language allowing 
lawsuits by U.S. citizens against terrorist states to only 
require pre-trial arbitration if the terrorist act occurred 
within the boundaries of the country being sued, and adds a 10 
year statute of limitations for such suits. Provides for closed 
circuit televised court proceedings to allow victims to watch a 
criminal trial that is moved out of state and a significant 
distance from where it would have taken place. Adds new section 
giving the FBI authority to conduct law enforcement training 
and instruction to foreign law enforcement officers. Strikes 
section 310 relating to the Attorney Generals reward authority. 
Strikes section 670 which allocated FY1995 funds for the 
Department of Justice. (20 minutes)
    2. Barr: Revised--Modifies study of ammunition capable of 
penetrating police body armor; deletes disclosure of certain 
records to the FBI; deletes section allowing wiretapping 
evidence obtained in ``good faith; deletes provision 
streamlining removal of alien terrorists; deletes section 
authorizing the Executive Branch to ``brand'' organizations as 
terrorist; deletes the ``should have known'' standard and the 
``reasonable cause to believe'' test; and adds language stating 
that black and smokeless powder will not be studied in the 
``tagging'' of explosive materials study; deletes section 307 
which provides the FBI with access to individuals' telephone 
billing record without a court order. (1 hour)
    3. Hastings (FL): Adds certain listed acts to imprisonment 
list for those who provide material support for terrorist acts. 
(10 minutes)
    4. DeLauro: Directs the Sentencing Commission to enhance 
penalties for individuals convicted of crimes involving laser 
sighting devices. (10 minutes)
    5. Burton: Revised--Strikes section 305, that would expand 
the use of oral and wire communications as evidence in federal 
criminal prosecutions. (20 minutes)
    6. Berman: Modifies the initial screening standard used by 
the immigration officer under the expedited exclusion procedure 
to determine whether or not an applicant for asylum at a port-
of-entry has a credible fear of persecution in the country he 
or she has just fled. (10 minutes)
    7. Doolittle: Allows state and local law enforcement 
officials to arrest and detain illegal aliens who have 
previously been deported for criminal behavior until they can 
be taken into federal custody by the INS. (20 minutes)
    8. Traficant: Sense of Congress amendment that whenever 
practicable, recipients of any money authorized in H.R. 1710 
should buy American. (10 minutes)
    9. Schumer: Establishes within the FBI a Domestic 
Counterterrorism Center. (20 minutes)
    10. Watt/Chenoweth: Strikes the habeas corpus provisions in 
the bill. (30 minutes)
    11. Bachus/Spratt: Adds a new title creating a Task Force 
to assess the extent to which U.S. currency is being 
counterfeited overseas; requires the State Department to 
approve overseas deployment of Secret Service agents; instructs 
the Sentencing Commission to enhance sentences of those 
convicted of counterfeiting U.S. currency overseas. (10 
minutes)
    12. Bartlett: Creates a Blue Ribbon Commission with a two 
year tenure to investigate and evaluate various aspects of the 
current state of Federal Law Enforcement to facilitate a 
restoration of public confidence. (10 minutes)
    13. Bryant (TN): Prohibits court-appointed legal counsel 
from being paid extraordinarily high hourly rates in cases 
relating to the death penalty, particularly in habeas corpus 
appeals. Also requires public disclosure of amounts awarded in 
fees and expenses. (10 minutes)
    14. Kennedy (MA)/Kasich: Adds offenses relating to 
biological weapons to federal law as criminal offenses that are 
prosecutable. (20 minutes)
    15. Martini: Expands the Federal death penalty statute to 
include situations in which a defendant ``* * * intentionally 
kills or attempts to kill more than one person in a single 
criminal episode.'' (10 minutes)
    16. McCollum/Schumer: Establishes a permanent criminal 
penalty for anyone who engages in a financial transaction with 
a terrorist organization or a country which supports terrorist 
activities. (20 minutes)
    17. Conyers/Nadler: Amendment in the nature of a 
substitute. Modifies fundraising prohibition contained in Sec. 
102 of Hyde/Barr to allow for expedited judicial review. Sec. 
103 is identical to Hyde/Barr. Deletes a number of provisions 
from Hyde-Barr including the provision making it a crime to 
donate property or services to groups designated as 
``terrorist'' by the Secretary of State, the cop killer bullets 
study, and the habeas corpus reform provisions. (1 hour)

                            Committee Votes

    Pursuant to clause 2(l)(2)(B) of House rule XI the results 
of each rollcall vote on an amendment or motion to report, 
together with the names of those voting for and against, are 
printed below:

                    rules committee rollcall no. 298

    Date: March 12, 1996.
    Measure: Rule for consideration of H.R. 2703, Effective 
Death Penalty and Public Safety Act.
    Motion By: Mr. Beilenson.
    Summary of Motion: Make in order the amendment by Reps. 
Markey and Hoyer to eliminate the BATF relief procedure for 
firearms and explosives for convicted felons.
    Results: Rejected, 4 to 7.
    Vote by Members: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Yea; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Yea; Beilenson--Yea; Frost--Yea; Solomon--Nay.
    The amendments made in order by the rule:

1. An Amendment To Be Offered by Representative Hyde of Illinois, or a 
                   Designee, Debatable for 20 Minutes

  On the first page, beginning in line 4, strike 
``Comprehensive'' and all that follows through ``1995'' in line 
5 and insert ``Effective Death Penalty and Public Safety Act of 
1996''.
  Page 6, line 1, strike ``should have known'' and insert ``has 
reasonable cause to believe''.
  Page 34, strike line 19 and all that follows through the 
matter appearing before line 3 on page 47, and redesignate 
succeeding sections and any cross references (including the 
table of contents) accordingly.
  Page 137, line 15, insert ``the court shall decline to hear a 
claim under this paragraph'' after ``except that''.
  Page 137, beginning in line 16, strike ``an action under'' 
and all that follows through ``affords'' ending in line 18, and 
insert ``if the act occurred in the foreign state against which 
the claim has been brought and the claimant has not afforded''.
  Page 137, beginning in line 21, strike ``an action under'' 
and all that follows through ``national'' and insert ``if the 
claimant or victim was not a national''.
  Page 138, line 2, insert ``when the act upon which the claim 
is based occurred'' after ``Act)''.
  Page 138, line 2, strike ``and'' and insert ``or''.
  Page 138, line 3, strike ``the court shall'' and all that 
follows through ``has been brought'' in line 5, and insert ``if 
the act occurred in the foreign state against which the claim 
has been brought and that state''.
  Page 138, beginning in line 9, strike ``new subsection''.
  Page 138, line 22, strike the close quotation mark and the 
period that follows it.
  Page 138, after line 22, insert the following:
  ``(f) No action shall be maintained under subsection (a)(7) 
unless the action is commenced not later than 10 years after 
the date on which the cause of action arose. All principles of 
equitable tolling, including the period during which the 
foreign state was immune from suit, shall apply in calculating 
this limitation period.''.
  Page 151, after line 5, insert the following:

SEC. 807. OVERSEAS LAW ENFORCEMENT TRAINING ACTIVITIES.

  The Director of the Federal Bureau of Investigation is 
authorized to support law enforcement training activities in 
foreign countries for the purpose of improving the 
effectiveness of the United States in investigating and 
prosecuting transnational offenses.

SEC. 808. CLOSED CIRCUIT TELEVISED COURT PROCEEDINGS FOR VICTIMS OF 
                    CRIME.

  (a) In General.--Notwithstanding any provision of the Federal 
Rules of Criminal Procedure to the contrary, in order to permit 
victims of crime to watch criminal trial proceedings in cases 
where the venue of the trial is changed--
          (1) out of the State in which the case was initially 
        brought; and
          (2) more than 350 miles from the location in which 
        those proceedings originally would have taken place;
the courts involved shall, if donations under subsection (b) 
will defray the entire cost of doing so, order closed circuit 
televising of the proceedings to that location, for viewing by 
such persons the courts determine have a compelling interest in 
doing so and are otherwise unable to do so by reason of the 
inconvenience and expense caused by the change of venue.
  (b) No Rebroadcast.--No rebroadcast of the proceedings shall 
be made.
  (c) Limited Access.--
          (1) Generally.--No other person, other than official 
        court and security personnel, or other persons 
        specifically designated by the courts, shall be 
        permitted to view the closed circuit televising of the 
        proceedings.
          (2) Exception.--The courts shall not designate a 
        person under paragraph (1) if the presiding judge at 
        the trial determines that testimony by that person 
        would be materially affected if that person heard other 
        testimony at the trial.
  (d) Donations.--The Administrative Office of the United 
States Courts may accept donations to enable the courts to 
carry out subsection (a). No appropriated money shall be used 
to carry out such subsection.
  (e) Definition.--As used in this section, the term ``State'' 
includes the District of Columbia and any other possession or 
territory of the United States.
  
  Modify the table of contents accordingly.
  Page 52, strike line 1 and all that follows through line 17 
on page 53.
  Redesignate succeeding sections accordingly, and modify cross 
references and the table of contents accordingly.
  Page 125, strike line 13 and all that follows through line 
20.
  Redesignate succeeding sections accordingly, and modify cross 
references and the table of contents accordingly.
                              ----------                              


 2. An Amendment To Be Offered by Representative Barr of Georgia, or a 
                   Designee, Debatable for 60 Minutes

    Page 28, strike lines 10 through 20, and insert the 
following:

SEC. 112. STUDY AND RECOMMENDATIONS FOR ASSESSING AND REDUCING THE 
                    THREAT TO LAW ENFORCEMENT OFFICERS FROM THE 
                    CRIMINAL USE OF FIREARMS AND AMMUNITION.

    (a) The Secretary of the Treasury, in conjunction with the 
Attorney General, shall conduct a study and make 
recommendations concerning--
          (1) the extent and nature of the deaths and serious 
        injuries, in the line of duty during the last decade, 
        for law enforcement officers, including--
                  (A) those officers who were feloniously 
                killed or seriously injured and those that died 
                or were seriously injured as a result of 
                accidents or other non-felonious causes; and
                  (B) those officers feloniously killed or 
                seriously injured with firearms, those killed 
                or seriously injured with, separately, handguns 
                firing handgun caliber ammunition, handguns 
                firing rifle caliber ammunition, rifles firing 
                rifle caliber ammunition, rifles firing handgun 
                caliber ammunition and shotguns; and
                  (C) those officers feloniously killed or 
                seriously injured with firearms, and killings 
                or serious injuries committed with firearms 
                taken by officers' assailants from officers, 
                and those committed with other officers' 
                firearms; and
                  (D) those killed or seriously injured because 
                shots attributable to projectiles defined as 
                ``armor piercing ammunition'' under 18, 
                Sec. 921(a)(17)(B) (i) and (ii) pierced the 
                protective material of bullet resistant vests 
                and bullet resistant headgear; and
          (2) whether current passive defensive strategies, 
        such as body armor, are adequate to counter the 
        criminal use of firearms against law officers; and
          (3) the calibers of ammunition that are--
                  (A) sold in the greatest quantities; and
                  (B) their common uses, according to 
                consultations with industry, sporting 
                organizations and law enforcement; and
                  (C) the calibers commonly used for civilian 
                defensive or sporting uses that would be 
                affected by any prohibition on non-law 
                enforcement sales of such ammunition, if such 
                ammunition is capable of penetrating minimum 
                level bullet resistant vests; and
                  (D) recommendations for increase in body 
                armor capabilities to further protect law 
                enforcement from threat.
    (b) In conducting the study, the Secretary shall consult 
with other Federal, State and local officials, non-governmental 
organizations, including all national police organizations, 
national sporting organizations and national industry 
associations with expertise in this area and such other 
individuals as shall be deemed necessary. Such study shall be 
presented to Congress twelve months after the enactment of this 
Act and made available to the public, including any data tapes 
or data used to form such recommendations.
    (c) There are authorized to be appropriated for the study 
and recommendations such sums as may be necessary.
    Page 34, strike line 6, and all that follows through the 
matter following line 2 but before line 3 on page 47.
    Redesignate succeeding sections accordingly.
    Page 48, strike lines 3 through 14.
    Redesignate succeeding sections accordingly.
    Page 63, strike line 14 and all that follows through line 
23 on page 94.
    Redesignate succeeding sections accordingly.
    Page 95, strike line 10 and all that follows through line 
17 on page 100.
    Redesignate succeeding sections accordingly.
    Page 6, line 1, strike ``or should have known''.
    Page 32, line 22, strike the one-m dash and all that 
follows through ``(2)'' on page 33, run in the material before 
and after the matter so stricken, and realign the margins of 
line 1 through 5 on page 33 so as to be flush to the margin.
    Page 47, after line 22, insert the following:
    (b) Exclusion.--No study undertaken under this section 
shall include black or smokeless powder among the explosive 
materials considered.
    Page 47, line 23, strike ``(b)'' and insert ``(c)''.
    Page 49, strike line 12 and all that follows through line 7 
on page 51.
    Redesignate succeeding sections accordingly.
                              ----------                              


3. An Amendment To Be Offered by Representative Hastings of Florida, or 
                  a Designee, Debatable for 10 Minutes

    Page 6, beginning in line 23, strike ``32'' and all that 
follows through ``2332b'' in line 25 and insert ``32, 37, 81, 
175, 351, 831, 842(m) or (n), 844(f) or (i), 956, 1114, 1116, 
1203, 1361, 1362, 1363, 1366, 1751, 2155, 2156, 2280, 2281, 
2332, 2332a, 2332b, or 2340A''.
                              ----------                              


4. An Amendment To Be Offered by Representative DeLauro of Connecticut, 
                or a Designee, Debatable for 10 Minutes

    At the end of title II, add the following:

SEC. 206. AMENDMENT OF SENTENCING GUIDELINES TO PROVIDE FOR ENHANCED 
                    PENALTIES FOR A DEFENDANT WHO COMMITS A CRIME WHILE 
                    IN POSSESSION OF A FIREARM WITH A LASER SIGHTING 
                    DEVICE.

    Not later than May 1, 1997, the United States Sentencing 
Commission shall, pursuant to its authority under section 994 
of title 28, United States Code, amend the sentencing 
guidelines (and, if the Commission considers it appropriate, 
the policy statements of the Commission) to provide that a 
defendant convicted of a crime shall receive an appropriate 
sentence enhancement if, during the crime--
          (1) the defendant possessed a firearm equipped with a 
        laser sighting device; or
          (2) the defendant possessed a firearm, and the 
        defendant (or another person at the scene of the crime 
        who was aiding in the commission of the crime) 
        possessed a laser sighting device capable of being 
        readily attached to the firearm.
    Amend the table of contents accordingly.
                              ----------                              


5. An Amendment To Be Offered by Representative Burton of Indiana, or a 
                   Designee, Debatable for 20 Minutes

    Page 48, strike line 3 and all that follows through line 
14, redesignate succeeding sections accordingly and modify any 
cross references (including the table of contents) accordingly.
                              ----------                              


 6. An Amendment To Be Offered by Representative Berman of California, 
                or a Designee, Debatable for 20 Minutes

    Page 104, beginning in line 7, strike ``more probable than 
not'' and insert ``probable''.
    Page 104, line 10, strike ``significant'' and insert 
``reasonable''.
                              ----------                              


     7. An Amendment To Be Offered by Representative Doolittle of 
          California, or a Designee, Debatable for 20 Minutes

    Page 133, after line 17, insert the following new section 
(and conform the table of contents accordingly):

SEC. 678. AUTHORIZING STATE AND LOCAL LAW ENFORCEMENT OFFICIALS TO 
                    ARREST AND DETAIN CERTAIN ILLEGAL ALIENS.

    (a) In General.--Notwithstanding any other provision of 
law, to the extent permitted by relevant State and local law, 
State and local law enforcement officials are authorized to 
arrest and detain an individual who--
          (1) is an alien illegally present in the United 
        States and
          (2) has previously been convicted of a felony in the 
        United States and deported or left the United States 
        after such conviction,
but only after the State or local law enforcement officials 
obtain appropriate confirmation from the Immigration and 
Naturalization Service of the status of such individual and 
only for such period of time as may be required for the Service 
to take the individual into Federal custody for purposes of 
deporting or removing the alien from the United States.
    (b) Cooperation.--The Attorney General shall cooperate with 
the States to assure that information in the control of the 
Attorney General, including information in the National Crime 
Information Center, that would assist State and local law 
enforcement officials in carrying out duties under subsection 
(a) is made available to such officials.
                              ----------                              


8. An Amendment To Be Offered by Representative Traficant of Ohio, or a 
                   Designee, Debatable for 10 Minutes

    Add at the end of title VII the following:

SEC. 704. SENSE OF CONGRESS.

    It is the sense of Congress that, whenever practicable 
recipients of any sums authorized to be appropriated by this 
Act, should use the money to purchase American-made products.
                              ----------                              


9. An Amendment To Be Offered by Representative Schumer of New York, or 
                  a Designee, Debatable for 20 Minutes

    At the end of title VIII (Miscellaneous) add the following:

SEC. 807. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for each of fiscal 
years 1996 through 2000 to the Federal Bureau of Investigation 
such sums as are necessary--
          (1) to hire additional personnel, and to procure 
        equipment, to support expanded investigations of 
        domestic and international terrorism activities;
          (2) to establish a Domestic Counterterrorism Center 
        to coordinate and centralize Federal, State, and local 
        law enforcement efforts in response to major terrorist 
        incidents, and as a clearinghouse for all domestic and 
        international terrorism information and intelligence; 
        and
          (3) to cover costs associated with providing law 
        enforcement coverage of public events offering the 
        potential of being targeted by domestic or 
        international terrorists.
    Conform the table of contents accordingly.
                              ----------                              


    10. An Amendment To Be Offered by Representative Watt of North 
    Carolina, or Representative Chenoweth of Idaho, or a Designee, 
                        Debatable for 30 Minutes

    Page 151, strike line 6 and all that follows through line 
25 on page 176.
                              ----------                              


11. An Amendment To Be Offered by Representative Bachus of Alabama, or 
 Representative Spratt of South Carolina, or a Designee, Debatable for 
                               10 Minutes

  Add at the end the following new title:

                TITLE ____--INTERNATIONAL COUNTERFEITING

SEC. ____01. SHORT TITLE.

  This title may be cited as the ``International Counterfeiting 
Prevention Act of 1996''.

SEC. ____02. INTERAGENCY TASK FORCE ON INTERNATIONAL COUNTERFEITING OF 
                    UNITED STATES CURRENCY.

  (a) Establishment.--
          (1) In general.--The Secretary of the Treasury, the 
        Chairman of the Board of Governors of the Federal 
        Reserve System, and the Secretary of State shall 
        establish, and appoint the members of, an interagency 
        task force (hereafter in this title referred to as the 
        ``task force'') to--
                  (A) monitor the use and holding of United 
                States currency in foreign countries;
                  (B) produce a statistically valid estimate of 
                the amount of counterfeit United States 
                currency that is produced, passed, and 
                possessed outside the United States each year; 
                and
                  (C) coordinate the activities of the agencies 
                represented on the task force in carrying out 
                the duties described in subparagraphs (A) and 
                (B).
          (2) Composition of task force.--The task force shall 
        consist of the following:
                  (A) The Under Secretary of the Treasury for 
                Enforcement, or a designee of the Under 
                Secretary.
                  (B) The Director of the United States Secret 
                Service, or a designee of the Director.
                  (C) The Director of the Bureau of Engraving 
                and Printing, or a designee of the Director.
                  (D) Such other officers of the Department of 
                the Treasury, including any officer in any 
                bureau, office, or service within the 
                department, as the Secretary of the Treasury 
                may determine to be appropriate, or any 
                designee of any such officer.
                  (E) A member of the Board of Governors of the 
                Federal Reserve System as designated by the 
                Chairman of such Board, or a designee of such 
                member.
                  (F) The general counsel of the Board of 
                Governors of the Federal Reserve System, or a 
                designee of the general counsel.
                  (G) Such other officers of the Board of 
                Governors of the Federal Reserve System as the 
                Chairman of such Board may determine to be 
                appropriate, or a designee of any such officer.
                  (H) Such officers of the Department of State 
                as the Secretary of State may determine to be 
                appropriate, or a designee of any such officer.
          (3) Chairperson.--The Secretary of the Treasury shall 
        serve as the chairperson of the task force.
  (b) Evaluation Audit Plan.--
          (1) In general.--The task force shall establish an 
        effective international evaluation audit plan that is 
        designed to enable the agencies represented on the task 
        force to carry out the duties described in 
        subparagraphs (A) and (B) of subsection (a)(1) on a 
        regular and thorough basis.
          (2) Submission of detailed written summary.--The task 
        force shall submit a detailed written summary of the 
        evaluation audit plan developed pursuant to paragraph 
        (1) to the Congress before the end of the 6-month 
        period beginning on the date of the enactment of this 
        Act.
          (3) 1st evaluation audit under plan.--The task force 
        shall begin the first evaluation audit pursuant to the 
        evaluation audit plan no later than the end of the 1-
        year period beginning on the date of the enactment of 
        this Act.
          (4) Subsequent evaluation audits.--At least 1 
        evaluation audit shall be performed pursuant to the 
        evaluation audit plan during each 3-year period 
        beginning after the date of the commencement of the 
        evaluation audit referred to in paragraph (3).
  (c) Reports.--
          (1) In general.--The task force shall submit a 
        written report to the Committee on Banking and 
        Financial Services of the House of Representatives and 
        the Committee on Banking, Housing, and Urban Affairs of 
        the Senate on the results of each evaluation audit 
        conducted pursuant to subsection (b) within 90 days 
        after the completion of the evaluation audit.
          (2) Contents.--In addition to such other information 
        as the task force may determine to be appropriate, each 
        report submitted to the Congress pursuant to paragraph 
        (1) shall include the following information:
                  (A) A detailed description of the evaluation 
                audit process and the methods used to detect 
                counterfeit currency.
                  (B) The method used to determine the currency 
                sample examined in connection with the 
                evaluation audit and an analysis of the 
                statistical significance of the sample 
                examined.
                  (C) A list of the regions of the world, types 
                of financial institutions, and other entities 
                included.
                  (D) The total amount of United States 
                currency and the total quantity of each 
                denomination found in each region of the world.
                  (E) The total amount of counterfeit United 
                States currency and the total quantity of each 
                counterfeit denomination found in each region 
                of the world.
                  (F) An analysis of the types of counterfeit 
                currency discovered and any recurring patterns 
                of counterfeiting, including currency that fits 
                the family of counterfeit currency designated 
                by the United States Secret Service as C--
                14342.
          (3) Classification of information.--
                  (A) In general.--To the greatest extent 
                possible, each report submitted to the Congress 
                under this subsection shall be submitted in an 
                unclassified form.
                  (B) Classified and unclassified forms.--If, 
                in the interest of submitting a complete report 
                under this subsection, the task force 
                determines that it is necessary to include 
                classified information in the report, the 
                report shall be submitted in a classified and 
                an unclassified form.
  (d) Sunset Provision.--This section shall cease to be 
effective as of the end of the 10-year period beginning on the 
date of the enactment of this Act.

SEC. ____03. LAW ENFORCEMENT AND SENTENCING PROVISIONS RELATING TO 
                    INTERNATIONAL COUNTERFEITING OF UNITED STATES 
                    CURRENCY.

  (a) Findings.--The Congress hereby finds the following:
          (1) United States currency is being counterfeited 
        outside the United States.
          (2) The 103d Congress enacted, with the approval of 
        the President on September 13, 1994, section 470 of 
        title 18, United States Code, making such activity a 
        crime under the laws of the United States.
          (3) The expeditious posting of agents of the United 
        States Secret Service to overseas posts, which is 
        necessary for the effective enforcement of section 470 
        and related criminal provisions, has been delayed.
          (4) While section 470 of title 18, United States 
        Code, provides for a maximum term of imprisonment of 20 
        years as opposed to a maximum term of 15 years for 
        domestic counterfeiting, the United States Sentencing 
        Commission has failed to provide, in its sentencing 
        guidelines, for an appropriate enhancement of 
        punishment for defendants convicted of counterfeiting 
        United States currency outside the United States.
  (b) Timely Consideration of Requests for Concurrence in 
Creation of Overseas Posts.--
          (1) In general.--The Secretary of State shall--
                  (A) consider in a timely manner the request 
                by the Secretary of the Treasury for the 
                placement of such number of agents of the 
                United States Secret Service as the Secretary 
                of the Treasury considers appropriate in posts 
                in overseas embassies; and
                  (B) reach an agreement with the Secretary of 
                the Treasury on such posts as soon as possible 
                and, in any event, not later than December 31, 
                1996.
          (2) Cooperation of treasury required.--The Secretary 
        of the Treasury shall promptly provide any information 
        requested by the Secretary of State in connection with 
        such requests.
          (3) Reports required.--The Secretary of the Treasury 
        and the Secretary of State shall each submit, by 
        February 1, 1997, a written report to the Committee on 
        Banking and Financial Services of the House of 
        Representatives and the Committee on Banking, Housing, 
        and Urban Affairs of the Senate explaining the reasons 
        for the rejection, if any, of any proposed post and the 
        reasons for the failure, if any, to fill any approved 
        post by such date.
  (c) Enhanced Penalties for International Counterfeiting of 
United States Currency.--Pursuant to the authority of the 
United States Sentencing Commission under section 994 of title 
28, United States Code, the Commission shall amend the 
sentencing guidelines prescribed by the Commission to provide 
an appropriate enhancement of the punishment for a defendant 
convicted under section 470 of title 18 of such Code.
                              ----------                              


12. An Amendment To Be Offered by Representative Bartlett of Maryland, 
                or a Designee, Debatable for 10 Minutes

  Add at the end the following new title:

    TITLE --COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW ENFORCEMENT

SEC. ____01. ESTABLISHMENT.

  There is established a commission to be known as the 
``Commission on the Advancement of Federal Law Enforcement'' 
(in this title referred to as the ``Commission'').

SEC. ____02. DUTIES.

  The Commission shall investigate, ascertain, evaluate, 
report, and recommend action to the Congress on the following 
matters:
          (1) In general, the manner in which significant 
        Federal criminal law enforcement operations are 
        conceived, planned, coordinated, and executed.
          (2) The standards and procedures used by Federal law 
        enforcement to carry out significant Federal criminal 
        law enforcement operations, and their uniformity and 
        compatibility on an interagency basis, including 
        standards related to the use of deadly force.
          (3) The criminal investigation and handling by the 
        United States Government, and the Federal law 
        enforcement agencies therewith--
                  (A) on February 28, 1993, in Waco, Texas, 
                with regard to the conception, planning, and 
                execution of search and arrest warrants that 
                resulted in the deaths of 4 Federal law 
                enforcement officers and 6 civilians;
                  (B) regarding the efforts to resolve the 
                subsequent standoff in Waco, Texas, which ended 
                in the deaths of over 80 civilians on April 19, 
                1993; and
                  (C) concerning other Federal criminal law 
                enforcement cases, at the Commission's 
                discretion, which have been presented to the 
                courts or to the executive branch of Government 
                in the last 25 years that are actions or 
                complaints based upon claims of abuse of 
                authority, practice, procedure, or violations 
                of constitutional guarantees, and which may 
                indicate a pattern or problem of abuse within 
                an enforcement agency or a sector of the 
                enforcement community.
          (4) The necessity for the present number of Federal 
        law enforcement agencies and units.
          (5) The location and efficacy of the office or entity 
        directly responsible, aside from the President of the 
        United States, for the coordination on an interagency 
        basis of the operations, programs, and activities of 
        all of the Federal law enforcement agencies.
          (6) The degree of assistance, training, education, 
        and other human resource management assets devoted to 
        increasing professionalism for Federal law enforcement 
        officers.
          (7) The independent accountability mechanisms that 
        exist, if any, and their efficacy to investigate, 
        address, and correct systemic or gross individual 
        Federal law enforcement abuses.
          (8) The extent to which Federal law enforcement 
        agencies have attempted to pursue community outreach 
        efforts that provide meaningful input into the shaping 
        and formation of agency policy, including seeking and 
        working with State and local law enforcement agencies 
        on Federal criminal enforcement operations or programs 
        that directly impact a State or local law enforcement 
        agency's geographic jurisdiction.
          (9) Such other related matters as the Commission 
        deems appropriate.

SEC. ____03. MEMBERSHIP AND ADMINISTRATIVE PROVISIONS.

  (a) Number and Appointment.--The Commission shall be composed 
of 5 members appointed as follows:
          (1) 1 member appointed by the President pro tempore 
        of the Senate.
          (2) 1 member appointed by the minority leader of the 
        Senate.
          (3) 1 member appointed by the Speaker of the House of 
        Representatives.
          (4) 1 member appointed by the minority leader of the 
        House of Representatives.
          (5) 1 member (who shall chair the Commission) 
        appointed by the Chief Justice of the Supreme Court.
  (b) Disqualification.--A person who is an officer or employee 
of the United States shall not be appointed a member of the 
Commission.
  (c) Terms.--Each member shall be appointed for the life of 
the Commission.
  (d) Quorum.--3 members of the Commission shall constitute a 
quorum but a lesser number may hold hearings.
  (e) Meetings.--The Commission shall meet at the call of the 
Chair of the Commission.
  (f) Compensation.--Each member of the Commission who is not 
an officer or employee of the Federal Government shall be 
compensated at a rate equal to the daily equivalent of the 
annual rate of basic pay prescribed for level IV of the 
Executive Schedule under section 5315 of title 5, United States 
Code, for each day, including travel time, during which the 
member is engaged in the performance of the duties of the 
Commission.

SEC. ____04. STAFFING AND SUPPORT FUNCTIONS.

  (a) Director.--The Commission shall have a director who shall 
be appointed by the Chair of the Commission.
  (b) Staff.--Subject to rules prescribed by the Commission, 
the Director may appoint additional personnel as the Commission 
considers appropriate.
  (c) Applicability of Certain Civil Service Laws.--The 
Director and staff of the Commission shall be appointed subject 
to the provisions of title 5, United States Code, governing 
appointments in the competitive service, and shall be paid in 
accordance with the provisions of chapter 51 and subchapter III 
of chapter 53 of that title relating to classification and 
General Schedule pay rates.
  (d) Experts and Consultants.--The Commission may procure 
temporary and intermittent services of experts and consultants 
under section 3109(b) of title 5, United States Code, but at 
rates for individuals not to exceed per day the daily 
equivalent of the maximum annual rate of basic pay payable for 
GS-15 of the General Schedule.

SEC. ____05. POWERS.

  (a) Hearings and Sessions.--The Commission may, for the 
purposes of carrying out this Act, hold hearings, sit and act 
at times and places, take testimony, and receive evidence as 
the Commission considers appropriate. The Commission may 
administer oaths or affirmations to witnesses appearing before 
it. The Commission may establish rules for its proceedings.
  (b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any 
action which the Commission is authorized to take by this 
section.
  (c) Obtaining Official Data.--The Commission may secure 
directly from any department or agency of the United States 
information necessary to enable it to carry out this title. 
Upon request of the Chair of the Commission, the head of that 
department or agency shall furnish that information to the 
Commission.
  (d) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide 
to the Commission, on a reimbursable basis, the administrative 
support services necessary for the Commission to carry out its 
responsibilities under this title.
  (e) Subpoena Power.--
          (1) In general.--The Commission may issue subpoenas 
        requiring the attendance and testimony of witnesses and 
        the production of any evidence relating to any matter 
        under investigation by the Commission. The attendance 
        of witnesses and the production of evidence may be 
        required from any place within the United States at any 
        designated place of hearing within the United States.
          (2) Failure to obey subpoena.--If a person refuses to 
        obey a subpoena issued under paragraph (1), the 
        Commission may apply to the United States district 
        court for an order requiring that person to appear 
        before the Commission to give testimony, produce 
        evidence, or both, relating to the matter under 
        investigation. The application may be made within the 
        judicial district where the hearing is conducted or 
        where that person is found, resides, or transacts 
        business. Any failure to obey the order of the court 
        may be punished by the court as civil contempt.
          (3) Service of subpoenas.--The subpoenas of the 
        Commission shall be served in the manner provided for 
        subpoenas issued by a United States district court 
        under the Federal Rules of Civil Procedure for the 
        United States district courts.
          (4) Service of process.--All process of any court to 
        which application is to be made under paragraph (2) may 
        be served in the judicial district in which the person 
        required to be served resides or may be found.
  (f) Immunity.--The Commission is an agency of the United 
States for the purpose of part V of title 18, United States 
Code (relating to immunity of witnesses).

SEC. ____06. REPORT.

  The Commission shall transmit a report to the Congress and 
the public not later than 2 years after a quorum of the 
Commission has been appointed. The report shall contain a 
detailed statement of the findings and conclusions of the 
Commission, together with the Commission's recommendations for 
such actions as the Commission considers appropriate.

SEC. ____07. TERMINATION.

  The Commission shall terminate 30 days after submitting the 
report required by this title.
                              ----------                              


 13. An Amendment To Be Offered by Representative Bryant of Tennessee, 
                or a Designee, Debatable for 10 Minutes

    Add the following at the end:

                     TITLE   --REPRESENTATION FEES

SEC.   01. REPRESENTATION FEES IN CRIMINAL CASES.

    (a) In General.--Section 3006A of title 18, United States 
Code, is amended--
          (1) in subsection (d)--
                  (A) by redesignating paragraphs (4), (5) and 
                (6) as paragraphs (5), (6), and (7), 
                respectively; and
                  (B) by inserting after paragraph (3) the 
                following:
          ``(4) Disclosure of fees.--The amounts paid under 
        this subsection, for representation in any case, shall 
        be made available to the public.''; and
          (2) in subsection (3) by adding at the end of the 
        following:
          ``(4) Disclosure of fees.--The amounts paid under 
        this subsection for services in any case shall be made 
        available to the public.''.
    (b) Fees and Expenses and Capital Cases.--Section 
408(q)(10) of the Controlled Substances Act (21 U.S.C. 
848(q)(10)) is amended to read as follows:
    ``(10)(A) Compensation shall be paid to attorneys appointed 
under this subsection at a rate of not less than $75, and not 
more than $125, per hour for in-court and out-of-court time, 
Fees and expenses shall be paid for investigative, expert, and 
other reasonably necessary services authorized under paragraph 
(9) at the rates and in the amounts authorized under section 
3006A of title 18, United States Code.
    ``(B) The amounts paid under this paragraph for services in 
any case shall be made available to the public.''.
    (c) Effective Date.--The amendments made by this section 
apply to cases commenced on or after the date of the enactment 
of this Act.
                              ----------                              


      14. An Amendment To Be Offered by Representative Kennedy of 
    Massachusetts, or Representative Kasich of Ohio, or a Designee, 
                        Debatable for 20 Minutes

    Add at the end of the following:

               TITLE   --BIOLOGICAL WEAPONS RESTRICTIONS

SEC. 001. SHORT TITLE.

    This Act may be cited as the ``Biological Weapons Enhanced 
Penalties Act of 1996.''.

SEC. 002. ATTEMPTS TO ACQUIRE UNDER FALSE PRETENSES.

    Section 175(a) of title 18, United States Code, is amended 
by inserting ``attempts to acquire under false pretenses, after 
``acquires,''.

SEC. 003. INCLUSION OF RECOMBINANT MOLECULES.

    Section 175 of title 18, United States Code, is amended by 
inserting ``recombinant molecules,'' after ``toxin,'' each 
place it appears.

SEC. 004. DEFINITIONS.

    Section 173 of title 18, United States Code, is amended--
          (1) in paragraph (1), by inserting ``or naturally 
        occurring or bioengineered component of any such 
        microorganism, virus, or infectious substance,'' after 
        ``infectious substance'';
          (2) in paragraph (2)--
                  (A) by inserting ``the toxic material of 
                plants, animals, microorganisms, viruses, 
                fungi, or infectious substances'' after 
                ``means''; and
                  (B) by inserting ``, and includes'' after 
                ``production'';
          (3) in paragraph (4), by inserting ``or a molecule, 
        including a recombinant molecule,'' after ``organism''.

SEC. 005. THREATENING USE OF CERTAIN WEAPONS.

    Section 2332a of title 18, United States Code, is amended 
by inserting ``, threatens,'' after ``uses, or''.

SEC. 006. INCLUSION OF RECOMBINANT MOLECULES AND BIOLOGICAL ORGANISMS 
                    IN DEFINITION.

    Section 2332a(b)(2)(C) of title 18, United States Code, is 
amended by striking ``disease organism'' and inserting 
``biological agent or toxin, as those terms are defined in 
section 178''.
                              ----------                              


15. An Amendment To Be Offered by Representative Martini of New Jersey, 
                or a Designee, Debatable for 10 Minutes

    Add at the end the following:

               TITLE  --DEATH PENALTY AGGRAVATING FACTOR

SEC.  . DEATH PENALTY AGGRAVATING FACTOR.

    Section 3592(c) of title 18, United States Code, is amended 
by adding after paragraph (15) the following:
          ``(16) Multiple killings or attempted killings.--The 
        defendant intentionally kills or attempts to kill more 
        than one person in a single criminal episode.''.
                              ----------                              


 16. An Amendment To Be Offered by Representative McCollum of Florida, 
or Representative Schumer of New York, or a Designee, Debatable for 20 
                                Minutes

    Add at the end the following:

            TITLE  --FINANCIAL TRANSACTIONS WITH TERRORISTS

SEC.  . FINANCIAL TRANSACTIONS WITH TERRORISTS.

    (a) In General.--Title 18, United States Code, is amended 
by inserting before section 2333 the following:

``Sec. 2332c. Financial transactions

    ``(a) Except as provided in regulations made by the 
Secretary of State, whoever, being a United States person, 
knowing or having reasonable cause to know that a country is a 
country that has been designated under section 6(j) of the 
Export Administration Act (50 U.S.C. App. 2405) as a country 
supporting international terrorism; engages in a financial 
transaction with that country, shall be fined under this title 
or imprisoned not more than 10 years, or both.
    ``(b) As used in this section--
          ``(1) the term `financial transaction' has the 
        meaning given that term in section 1956(c)(4); and
          ``(2) the term `United States person' means any 
        United States citizen or national, permanent resident 
        alien, juridical person organized under the laws of the 
        United States, or any person in the United States.''.
    (b) Clerical Amendment.--The table of sections at the 
beginning of the chapter of title 18, United States Code, to 
which the amendment of subsection (a) was made is amended by 
inserting before the item relating to section 2333 the 
following new item:

``2332c. Financial transactions.''.
                    ____________________________________________________

 17. An Amendment To Be Offered By Representative Conyers of Michigan, 
 or Representative Nadler of New York, or a Designee, Debatable for 60 
                                Minutes

  Strike all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Crimes Associated With 
Terrorism Act of 1996''.

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
                         TITLE I--CRIMINAL ACTS

Sec. 101. Protection of Federal employees.
Sec. 102. Prohibiting material support to terrorist organizations.
Sec. 103. Modification of material support provision.
Sec. 104. Acts of terrorism against children.
Sec. 105. Conspiracy to harm people and property overseas.
Sec. 106. Clarification and extension of criminal jurisdiction over 
                            certain terrorism offenses overseas.
Sec. 107. Expansion and modification of weapons of mass destruction 
                            statute.
Sec. 108. Addition of offenses to the money laundering statute.
Sec. 109. Expansion of Federal jurisdiction over bomb threats.
Sec. 110. Clarification of maritime violence jurisdiction.
Sec. 111. Possession of stolen explosives prohibited.
                     TITLE II--INCREASED PENALTIES

Sec. 201. Penalties for certain explosives offenses.
Sec. 202. Increased penalty for explosive conspiracies.
Sec. 203. Increased and alternate conspiracy penalties for terrorism 
                            offenses.
Sec. 204. Mandatory penalty for transferring an explosive material 
                            knowing that it will be used to commit a 
                            crime of violence.
                     TITLE III--INVESTIGATIVE TOOLS

Sec. 301. Study of tagging explosive materials, detection of explosives 
                            and explosive materials, rendering 
                            explosive components inert, and imposing 
                            controls of precursors of explosives.
Sec. 302. Requirement to preserve record evidence.
Sec. 303. Detention hearing.
Sec. 304. Reward authority of the Attorney General.
Sec. 305. Protection of Federal Government buildings in the District of 
                            Columbia.
Sec. 306. Study of thefts from armories; report to the Congress.
                      TITLE IV--NUCLEAR MATERIALS

Sec. 401. Expansion of nuclear materials prohibitions.
        TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES

Sec. 501. Definitions.
Sec. 502. Requirement of detection agents for plastic explosives.
Sec. 503. Criminal sanctions.
Sec. 504. Exceptions.
Sec. 505. Effective date.
           TITLE VI--REMOVAL PROCEDURES FOR ALIEN TERRORISTS

Sec. 601. Removal procedures for alien terrorists.
                  TITLE VII--AUTHORIZATION AND FUNDING

Sec. 701. Firefighter and emergency services training.
Sec. 702. Assistance to foreign countries to procure explosive 
                            detection devices and other counter-
                            terrorism technology.
Sec. 703. Research and development to support counter-terrorism 
                            technologies.
                       TITLE VIII--MISCELLANEOUS

Sec. 801. Study of State licensing requirements for the purchase and 
                            use of high explosives.
Sec. 802. Compensation of victims of terrorism.
Sec. 803. Jurisdiction for lawsuits against terrorist States.
Sec. 804. Compilation of statistics relating to intimidation of 
                            government employees.
Sec. 805. Victim restitution Act.

                         TITLE I--CRIMINAL ACTS

SEC. 101. PROTECTION OF FEDERAL EMPLOYEES.

  (a) Homicide.--Section 1114 of title 18, United States Code, 
is amended to read as follows:

``Sec. 1114. Protection of officers and employees of the United States

  ``Whoever kills or attempts to kill any officer or employee 
of the United States or of any agency in any branch of the 
United States Government (including any member of the uniformed 
services) while such officer or employee is engaged in or on 
account of the performance of official duties, or any person 
assisting such an officer or employee in the performance of 
such duties or on account of that assistance, shall be 
punished, in the case of murder, as provided under section 
1111, or in the case of manslaughter, as provided under section 
1112, or, in the case of attempted murder or manslaughter, as 
provided in section 1113.''.
  (b) Threats Against Former Officers and Employees.--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''.

SEC. 102. PROHIBITING MATERIAL SUPPORT TO TERRORIST ORGANIZATIONS.

  (a) In General.--The chapter 113B of title 18, United States 
Code, that relates to terrorism is amended by adding at the end 
the following:

``Sec. 2339B. Providing material support to terrorist organizations

  ``(a) Offense.--Whoever, within the United States knowingly 
provides material support or resources in or affecting 
interstate or foreign commerce, to any organization which the 
person knows or should have known is a terrorist organization 
that has been designated under this section as a terrorist 
organization shall be fined under this title or imprisoned not 
more than 10 years, or both.
  ``(b) Terrorist Organization Defined.--
          ``(1) Designation.--For purposes of this section and 
        the Crimes Associated With Terrorism Act of 1996 and 
        title V of the Immigration and Nationality Act, the 
        term `terrorist organization' means a foreign 
        organization designated in the Federal Register as a 
        terrorist organization by the Secretary of State in 
        consultation with the Attorney General, based upon a 
        finding that the organization engages in, or has 
        engaged in, terrorist activity that threatens the 
        national security of the United States.
          ``(2) Process.--At least 3 days before designating an 
        organization as a terrorist organization through 
        publication in the Federal Register, the Secretary of 
        State, in consultation with the Attorney General, shall 
        notify the Committees on the Judiciary of the House of 
        Representatives and the Senate of the intent to make 
        such designation and the findings and the basis for 
        designation. The Secretary of State, in consultation 
        with the Attorney General, shall create an 
        administrative record prior to such designation and may 
        use classified information in making such a 
        designation. Such classified information is not subject 
        to disclosure so long as it remains classified, except 
        as provided in paragraph (3) for the purposes of 
        judicial review of such designation. The Secretary of 
        State, in consultation with the Attorney General, shall 
        provide notice and an opportunity for public comment 
        prior to the creation of the administrative record 
        under this paragraph.
          ``(3) Judicial review.--Any organization designated 
        as a terrorist organization under the preceding 
        provisions of this subsection may, not later than 30 
        days after the date of the designation, seek judicial 
        review thereof in any United States Court of Appeals of 
        competent jurisdiction. The court shall hold unlawful 
        and set aside the designation if the court finds the 
        designation to be arbitrary, capricious, an abuse of 
        discretion, or otherwise not in accordance with law, 
        not supported by a preponderance of the evidence, 
        contrary to constitutional right, power, privilege, or 
        immunity, or not in accord with the procedures required 
        by law. Such review shall proceed in an expedited 
        manner. Designated organizations shall have the 
        opportunity to call witnesses and present evidence in 
        rebuttal of such designation. During the pendency of 
        the court's review of the designation, the prohibition 
        against providing material support to the organization 
        under this section shall not apply unless the court 
        finds that the Government is likely to succeed on the 
        merits of the designation. For the purposes of this 
        section, any classified information used in making the 
        designation shall be considered by the court, and 
        provided to the organization, under the procedures 
        provided under title V of the Immigration and 
        Nationality Act.
          ``(4) Congressional authority to remove 
        designation.--The Congress reserves the authority to 
        remove, by law, the designation of an organization as a 
        terrorist organization under this subsection.
          ``(5) Sunset.--Subject to paragraph (4), the 
        designation under this subsection of an organization as 
        a terrorist organization shall be effective for a 
        period of 2 years from the date of the initial 
        publication of the terrorist organization designation 
        by the Secretary of State. At the end of such period 
        (but no sooner than 60 days prior to the termination of 
        the 2-year designation period), the Secretary of State, 
        in consultation with the Attorney General, may 
        redesignate the organization in conformity with the 
        requirements of this subsection for designation of the 
        organization.
          ``(6) Other authority to remove designation.--The 
        Secretary of State, in consultation with the Attorney 
        General, may remove the terrorist organization 
        designation from any organization previously designated 
        as such an organization, at any time, so long as the 
        Secretary publishes notice of the removal in the 
        Federal Register. The Secretary is not required to 
        report to Congress prior to so removing such 
        designation.
  ``(c) Definitions.--As used in this section, the term--
          ``(1) `material support or resources' has the meaning 
        given that term in section 2339A of this title; and
          ``(2) `terrorist activity' means any act in 
        preparation for or in carrying out a violation of 
        section 32, 37, 351, 844(f) or (i), 956, 1114, 1116, 
        1203, 1361, 1363, 1751, 2280, 2281, 2331(1)(A), 2332, 
        2332a, or 2332b of this title or section 46502 of title 
        49, or in preparation for or in carrying out the 
        concealment or an escape from the commission of any 
        such violation.''.
  (b) Clerical Amendment.--The table of sections at the 
beginning of the chapter 113B of title 18, United States Code, 
that relates to terrorism is amended by inserting after the 
item relating to section 2339a the following new item:
``2339b. Providing material support to terrorist organizations.''.

SEC. 103. MODIFICATION OF MATERIAL SUPPORT PROVISION.

  Section 2339A of title 18, United States Code, is amended to 
read as follows:

``Sec. 2339A. Providing material support to terrorists

  ``(a) Offense.--Whoever, within the United States, provides 
material support or resources or conceals or disguises the 
nature, location, source, or ownership of material support or 
resources, knowing or intending that they are to be used in 
preparation for or in carrying out, a violation of section 32, 
37, 81, 175, 351, 844(f) or (i), 956, 1114, 1116, 1203, 1361, 
1363, 1751, 2280, 2281, 2332, 2332a, 2332b, or 2340 of this 
title or section 46502 or 6012 of title 49, or in preparation 
for or in 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.
  ``(b) Definition.--In this section, the term `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, except 
medicine or religious materials.''.

SEC. 104. ACTS OF TERRORISM AGAINST CHILDREN.

  (a) Offense.--Title 18, United States Code, is amended by 
inserting after section 2332a the following:

``Sec. 2332b. Acts of terrorism against children

  ``(a) Prohibited Acts.--
  ``(a) Whoever intentionally commits a Federal crime of 
terrorism against a child, shall be fined under this title or 
imprisoned for any term of years or for life, or both. This 
section does not prevent the imposition of any more severe 
penalty which may be provided for the same conduct by another 
provision of Federal law.
  ``(b) Definitions.--As used in this section--
          ``(1) the term `Federal crime of terrorism' means an 
        offense that--
                  ``(A) is calculated to influence or affect 
                the conduct of government by intimidation or 
                coercion, or to retaliate against government 
                conduct; and
                  ``(B) is a violation of--
                          ``(i) section 32 (relating to 
                        destruction of aircraft or aircraft 
                        facilities), 37 (relating to violence 
                        at international airports), 81 
                        (relating to arson within special 
                        maritime and territorial jurisdiction), 
                        175 (relating to biological weapons), 
                        351 (relating to congressional, 
                        cabinet, and Supreme Court 
                        assassination, kidnapping, and 
                        assault), 831 (relating to nuclear 
                        weapons), 842(m) or (n) (relating to 
                        plastic explosives), 844(e) (relating 
                        to certain bombings), 844(f) or (i) 
                        (relating to arson and bombing of 
                        certain property), 956 (relating to 
                        conspiracy to commit violent acts in 
                        foreign countries), 1114 (relating to 
                        protection of officers and employees of 
                        the United States), 1116 (relating to 
                        murder or manslaughter of foreign 
                        officials, official guests, or 
                        internationally protected persons), 
                        1203 (relating to hostage taking), 1361 
                        (relating to injury of Government 
                        property), 1362 (relating to 
                        destruction of communication lines), 
                        1363 (relating to injury to buildings 
                        or property within special maritime and 
                        territorial jurisdiction of the United 
                        States), 1366 (relating to destruction 
                        of energy facility), 1751 (relating to 
                        Presidential and Presidential staff 
                        assassination, kidnapping, and 
                        assault), 2152 (relating to injury of 
                        harbor defenses), 2155 (relating to 
                        destruction of national defense 
                        materials, premises, or utilities), 
                        2156 (relating to production of 
                        defective national defense materials, 
                        premises, or utilities), 2280 (relating 
                        to violence against maritime 
                        navigation), 2281 (relating to violence 
                        against maritime fixed platforms), 2332 
                        (relating to certain homicides and 
                        violence outside the United States), 
                        2332a (relating to use of weapons of 
                        mass destruction), 2332b (relating to 
                        acts of terrorism transcending national 
                        boundaries), 2339A (relating to 
                        providing material support to 
                        terrorists), 2339B (relating to 
                        providing material support to terrorist 
                        organizations), or 2340A (relating to 
                        torture) of this title;
                          ``(ii) section 236 (relating to 
                        sabotage of nuclear facilities or fuel) 
                        of the Atomic Energy Act of 1954; or
                          ``(iii) section 46502 (relating to 
                        aircraft piracy), or 60123(b) (relating 
                        to destruction of interstate gas or 
                        hazardous liquid pipeline facility) of 
                        title 49; and
          ``(2) the term `child' means an individual who has 
        not attained the age of 18 years.''.
  (b) Clerical Amendment.--The table of sections at the 
beginning of the chapter 113B of title 18, United States Code, 
that relates to terrorism is amended by inserting after the 
item relating to section 2332a the following new item:
``2332b. Acts of terrorism against children.''.

SEC. 105. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS.

  (a) In General.--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 persons or 
                    damage 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 any of the conspirators 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 35 years if the 
        offense is conspiracy to maim.
  ``(b) Whoever, within the jurisdiction of the United States, 
conspires with one or more persons, regardless of where such 
other person or persons are located, to damage 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 any of the conspirators commits an act within the 
jurisdiction of the United States to effect any object of the 
conspiracy, be imprisoned not more than 25 years.''.
  (b) Clerical Amendment.--The item relating to section 956 in 
the table of sections at the beginning of chapter 45 of title 
18, United States Code, is amended to read as follows:
``956. Conspiracy to kill, kidnap, maim, or injure persons or damage 
                            property in a foreign country.''.

SEC. 106. CLARIFICATION AND EXTENSION OF CRIMINAL JURISDICTION OVER 
                    CERTAIN TERRORISM OFFENSES OVERSEAS.

  (a) Aircraft Piracy.--Section 46502(b) of title 49, United 
States Code, is amended--
          (1) in paragraph (1), by striking ``and later found 
        in the United States'';
          (2) so that paragraph (2) reads 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) by inserting after paragraph (2) the following:
  ``(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) Destruction of Aircraft or Aircraft Facilities.--Section 
32(b) of title 18, United States Code, is amended--
          (1) by striking ``, if the offender is later found in 
        the United States,''; and
          (2) by inserting at the end the following: ``There is 
        jurisdiction over an offense under this subsection if a 
        national of the United States was on board, or would 
        have been on board, the aircraft; an offender is a 
        national of the United States; or an offender is 
        afterwards found in the United States. 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.''.
  (c) Murder of Foreign Officials and Certain Other Persons.--
Section 1116 of title 18, United States Code, is amended--
          (1) in subsection (b), by adding at the end the 
        following:
          ``(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), by striking the first sentence 
        and inserting the following: ``If the victim of an 
        offense under subsection (a) is an internationally 
        protected person outside the United States, the United 
        States may exercise jurisdiction over the offense if 
        (1) the victim is a representative, officer, employee, 
        or agent of the United States, (2) an offender is a 
        national of the United States, or (3) an offender is 
        afterwards found in the United States.''.
  (d) Protection of Foreign Officials and Certain Other 
Persons.--Section 112 of title 18, United States Code, is 
amended--
          (1) in subsection (c), by inserting `` `national of 
        the United States','' before ``and''; and
          (2) in subsection (e), by striking the first sentence 
        and inserting the following: ``If the victim of an 
        offense under subsection (a) is an internationally 
        protected person outside the United States, the United 
        States may exercise jurisdiction over the offense if 
        (1) the victim is a representative, officer, employee, 
        or agent of the United States, (2) an offender is a 
        national of the United States, or (3) an offender is 
        afterwards found in the United States.''.
  (e) Threats and Extortion Against Foreign Officials and 
Certain Other Persons.--Section 878 of title 18, United States 
Code, is amended--
          (1) in subsection (c), by inserting `` `national of 
        the United States','' before ``and''; and
          (2) in subsection (d), by striking the first sentence 
        and inserting the following: ``If the victim of an 
        offense under subsection (a) is an internationally 
        protected person outside the United States, the United 
        States may exercise jurisdiction over the offense if 
        (1) the victim is a representative, officer, employee, 
        or agent of the United States, (2) an offender is a 
        national of the United States, or (3) an offender is 
        afterwards found in the United States.''.
  (f) Kidnapping of Internationally Protected Persons.--Section 
1201(e) of title 18, United States Code, is amended--
          (1) by striking the first sentence and inserting the 
        following: ``If the victim of an offense under 
        subsection (a) is an internationally protected person 
        outside the United States, the United States may 
        exercise jurisdiction over the offense if (1) the 
        victim is a representative, officer, employee, or agent 
        of the United States, (2) an offender is a national of 
        the United States, or (3) an offender is afterwards 
        found in the United States.''; and
          (2) by adding at the end the following: ``For 
        purposes of this subsection, the term `national of the 
        United States' has the meaning prescribed in section 
        101(a)(22) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(22)).''.
  (g) Violence at International Airports.--Section 37(b)(2) of 
title 18, United States Code, is amended--
          (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) Biological Weapons.--Section 178 of title 18, United 
States Code, is amended--
          (1) by striking ``and'' at the end of paragraph (3);
          (2) by striking the period at the end of paragraph 
        (4) and inserting ``; and''; and
          (3) by adding the following at the end:
          ``(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)).''.

SEC. 107. EXPANSION AND MODIFICATION OF WEAPONS OF MASS DESTRUCTION 
                    STATUTE.

  Section 2332a of title 18, United States Code, is amended--
          (1) in subsection (a)--
                  (A) by inserting ``Against a National or 
                Within the United States'' after ``Offense'';
                  (B) by inserting ``, without lawful 
                authority'' after ``A person who'';
                  (C) by inserting ``threatens,'' before 
                ``attempts or conspires to use, a weapon of 
                mass destruction''; and
                  (D) by inserting ``and the results of such 
                use affect interstate or foreign commerce or, 
                in the case of a threat, attempt, or 
                conspiracy, would have affected interstate or 
                foreign commerce'' before the semicolon at the 
                end of paragraph (2);
          (2) in subsection (b)(2)(A), by striking ``section 
        921'' and inserting ``section 921(a)(4) (other than 
        subparagraphs (B) and (C))'';
          (3) in subsection (b), so that subparagraph (B) of 
        paragraph (2) reads as follows:
                  ``(B) 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;'';
          (4) by redesignating subsection (b) as subsection 
        (c); and
          (5) by inserting after subsection (a) the following 
        new subsection:
  ``(b) Offense by National Outside the United States.--Any 
national of the United States who, without lawful authority and 
outside 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.''.

SEC. 108. ADDITION OF OFFENSES TO THE MONEY LAUNDERING STATUTE.

  (a) Murder and Destruction of Property.--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) Specific Offenses.--Section 1956(c)(7)(D) of title 18, 
United States Code, is amended--
          (1) by inserting after ``an offense under'' the 
        following: ``section 32 (relating to the destruction of 
        aircraft), section 37 (relating to violence at 
        international airports), section 115 (relating to 
        influencing, impeding, or retaliating against a Federal 
        official by threatening or injuring a family 
        member),'';
          (2) by inserting after ``section 215 (relating to 
        commissions or gifts for procuring loans),'' the 
        following: ``section 351 (relating to Congressional or 
        Cabinet officer assassination),'';
          (3) by inserting after ``section 793, 794, or 798 
        (relating to espionage),'' the following: ``section 831 
        (relating to prohibited transactions involving nuclear 
        materials), section 844 (f) or (i) (relating to 
        destruction by explosives or fire of Government 
        property or property affecting interstate or foreign 
        commerce),'';
          (4) by inserting after ``section 875 (relating to 
        interstate communications),'' the following: ``section 
        956 (relating to conspiracy to kill, kidnap, maim, or 
        injure certain property in a foreign country),'';
          (5) by inserting after ``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 protection of officers and employees 
        of the United States), section 1116 (relating to murder 
        of foreign officials, official guests, or 
        internationally protected persons),'';
          (6) by inserting after ``section 1203 (relating to 
        hostage taking),'' the following: ``section 1361 
        (relating to willful injury of Government property), 
        section 1363 (relating to destruction of property 
        within the special maritime and territorial 
        jurisdiction),'';
          (7) by inserting after ``section 1708 (theft from the 
        mail),'' the following: ``section 1751 (relating to 
        Presidential assassination),'';
          (8) by inserting after ``2114 (relating to bank and 
        postal robbery and theft),'' the following: ``section 
        2280 (relating to violence against maritime 
        navigation), section 2281 (relating to violence against 
        maritime fixed platforms),''; and
          (9) by striking ``of this title'' and inserting the 
        following: ``section 2332 (relating to terrorist acts 
        abroad against United States nationals), section 2332a 
        (relating to use of weapons of mass destruction), 
        section 2332c (relating to international terrorist acts 
        transcending national boundaries), section 2339A 
        (relating to providing material support to terrorists) 
        of this title, section 46502 of title 49, United States 
        Code''.

SEC. 109. EXPANSION OF FEDERAL JURISDICTION OVER BOMB THREATS.

  Section 844(e) of title 18, United States Code, is amended by 
striking ``commerce,'' and inserting ``interstate or foreign 
commerce, or in or affecting interstate or foreign commerce,''.

SEC. 110. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION.

  Section 2280(b)(1)(A) of title 18, United States Code, is 
amended--
          (1) in clause (ii), by striking ``and the activity is 
        not prohibited as a crime by the State in which the 
        activity takes place''; and
          (2) in clause (iii), by striking ``the activity takes 
        place on a ship flying the flag of a foreign country or 
        outside the United States,''.

SEC. 111. POSSESSION OF STOLEN EXPLOSIVES PROHIBITED.

  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.''.

                     TITLE II--INCREASED PENALTIES

SEC. 201. PENALTIES FOR CERTAIN EXPLOSIVES OFFENSES.

  (a) Increased Penalties for Damaging Certain Property.--
Section 844(f) of title 18, United States Code, is amended to 
read as follows:
  ``(f) Whoever damages or destroys, or attempts to damage or 
destroy, by means of fire or an explosive, any personal or real 
property in whole or in part owned, possessed, or used by, or 
leased to, the United States, or any department or agency 
thereof, or any institution or organization receiving Federal 
financial assistance shall be fined under this title or 
imprisoned for not more than 25 years, or both, but--
          ``(1) if personal injury results to any person other 
        than the offender, the term of imprisonment shall be 
        not more than 40 years;
          ``(2) if fire or an explosive is used and its use 
        creates a substantial risk of serious bodily injury to 
        any person other than the offender, the term of 
        imprisonment shall not be more than 45 years; and
          ``(3) if death results to any person other than the 
        offender, the offender shall be subject to imprisonment 
        for any term of years, or for life.''.
  (b) Conforming Amendment.--Section 81 of title 18, United 
States Code, is amended by striking ``fined under this title or 
imprisoned not more than five years, or both'' and inserting 
``imprisoned not more than 25 years or fined the greater of the 
fine under this title or the cost of repairing or replacing any 
property that is damaged or destroyed, or both''.
  (c) Statute of Limitation for Arson Offenses.--
          (1) Chapter 213 of title 18, United States Code, is 
        amended by adding at the end the following:

``Sec. 3295. Arson offenses

  ``No person shall be prosecuted, tried, or punished for any 
non-capital offense under section 81 or subsection (f), (h), or 
(i) of section 844 of this title unless the indictment is found 
or the information is instituted within 7 years after the date 
on which the offense was committed.''.
          (2) The table of sections at the beginning of chapter 
        213 of title 18, United States Code, is amended by 
        adding at the end the following new item:

``3295. Arson offenses.''.

          (3) Section 844(i) of title 18, United States Code, 
        is amended by striking the last sentence.

SEC. 202. INCREASED PENALTY FOR EXPLOSIVE CONSPIRACIES.

  Section 844 of title 18, United States Code, is amended by 
adding at the end the following:
  ``(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. 203. INCREASED AND ALTERNATE CONSPIRACY PENALTIES FOR TERRORISM 
                    OFFENSES.

  (a) Title 18 Offenses.--
          (1) Sections 32(a)(7), 32(b)(4), 37(a), 115(a)(1)(A), 
        115(a)(2), 1203(a), 2280(a)(1)(H), and 2281(a)(1)(F) of 
        title 18, United States Code, are each amended by 
        inserting ``or conspires'' after ``attempts''.
          (2) Section 115(b)(2) of title 18, United States 
        Code, is amended by striking ``or attempted 
        kidnapping'' both places it appears and inserting ``, 
        attempted kidnapping, or conspiracy to kidnap''.
          (3)(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 amended by striking ``and 1113'' and inserting 
        ``, 1113, and 1117''.
          (4) Section 175(a) of title 18, United States Code, 
        is amended by inserting ``or conspires to do so,'' 
        after ``any organization to do so,''.
  (b) Aircraft Piracy.--
          (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''.

SEC. 204. 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:
  ``(o) Whoever knowingly transfers any explosive materials, 
knowing that such explosive materials 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 subject to the same penalties 
as may be imposed under subsection (h) for a first conviction 
for the use or carrying of the explosive materials.''.

                     TITLE III--INVESTIGATIVE TOOLS

SEC. 301. STUDY OF TAGGING EXPLOSIVE MATERIALS, DETECTION OF EXPLOSIVES 
                    AND EXPLOSIVE MATERIALS, RENDERING EXPLOSIVE 
                    COMPONENTS INERT, AND IMPOSING CONTROLS OF 
                    PRECURSORS OF EXPLOSIVES.

  (a) Study.--The Secretary of the Treasury, in consultation 
with other Federal, State and local officials with expertise in 
this area and such other individuals as the Secretary of the 
Treasury deems appropriate, shall conduct a study concerning--
          (1) the tagging of explosive materials for purposes 
        of detection and identification;
          (2) technology for devices to improve the detection 
        of explosives materials;
          (3) whether common chemicals used to manufacture 
        explosive materials can be rendered inert and whether 
        it is feasible to require it; and
          (4) whether controls can be imposed on certain 
        precursor chemicals used to manufacture explosive 
        materials and whether it is feasible to require it.
  (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the 
Congress a report that contains the results of the study 
required by this section. The Secretary shall make the report 
available to the public.
  (c) Limitation.--The study under this section shall not 
include black powder or smokeless powder among the explosive 
materials it concerns.

SEC. 302. REQUIREMENT TO PRESERVE RECORD EVIDENCE.

  Section 2703 of title 18, United States Code, is amended by 
adding at the end the following:
  ``(f) Requirement To Preserve Evidence.--A provider of wire 
or electronic communication services or a remote computing 
service, upon the request of a governmental entity, shall take 
all necessary steps to preserve records, and other evidence in 
its possession pending the issuance of a court order or other 
process. Such records shall be retained for a period of 90 
days, which period shall be extended for an additional 90-day 
period upon a renewed request by the governmental entity.''.

SEC. 303. DETENTION HEARING.

  Section 3142(f) of title 18, United States Code, is amended 
by inserting ``(not including any intermediate Saturday, 
Sunday, or legal holiday)'' after ``five days'' and after 
``three days''.

SEC. 304. REWARD AUTHORITY OF THE ATTORNEY GENERAL.

  (a) In General.--Title 18, United States Code, is amended by 
striking sections 3059 through 3059A and inserting the 
following:

``Sec. 3059. Reward authority of the Attorney General

  ``(a) 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 provides any 
information unknown to the Government leading to the arrest or 
prosecution of any individual for Federal felony offenses.
  ``(b) If the reward exceeds $100,000, the Attorney General 
shall give notice of that fact to the Senate and the House of 
Representatives not later than 30 days before authorizing the 
payment of the reward.
  ``(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 not be subject to 
judicial review.
  ``(d) If the Attorney General determines that the identity of 
the recipient of a reward or of the members of the recipient's 
immediate family must be protected, the Attorney General may 
take such measures in connection with the payment of the reward 
as the Attorney General deems necessary to effect such 
protection.
  ``(e) No officer or employee of any governmental entity may 
receive a reward under this section for conduct in performance 
of his or her official duties.
  ``(f) Any individual (and the immediate family of such 
individual) who furnishes information which would justify a 
reward under this section or a reward by the Secretary of State 
under section 36 of the State Department Basic Authorities Act 
of 1956 may, in the discretion of the Attorney General, 
participate in the Attorney General's witness security program 
under chapter 224 of this title.''.
  (b) Clerical Amendment.--The table of sections at the 
beginning of chapter 203 of title 18, United States Code, is 
amended by striking the items relating to section 3059 and 
3059A and inserting the following new item:

``3059. Reward authority of the Attorney General.''.

  (c) Conforming Amendment.--Section 1751 of title 18, United 
States Code, is amended by striking subsection (g).

SEC. 305. PROTECTION OF FEDERAL GOVERNMENT BUILDINGS IN THE DISTRICT OF 
                    COLUMBIA.

  The Attorney General is authorized--
          (1) to prohibit vehicles from parking or standing on 
        any street or roadway adjacent to any building in the 
        District of Columbia which is in whole or in part 
        owned, possessed, used by, or leased to the Federal 
        Government and used by Federal law enforcement 
        authorities; and
          (2) to prohibit any person or entity from conducting 
        business on any property immediately adjacent to any 
        such building.

SEC. 306. STUDY OF THEFTS FROM ARMORIES; REPORT TO THE CONGRESS.

  (a) Study.--The Attorney General of the United States shall 
conduct a study of the extent of thefts from military arsenals 
(including National Guard armories) of firearms, explosives, 
and other materials that are potentially useful to terrorists.
  (b) Report to the Congress.--Within 6 months after the date 
of the enactment of this Act, the Attorney General shall submit 
to the Congress a report on the study required by subsection 
(a).

                      TITLE IV--NUCLEAR MATERIALS

SEC. 401. EXPANSION OF NUCLEAR MATERIALS PROHIBITIONS.

  Section 831 of title 18, United States Code, is amended--
          (1) in subsection (a), by striking ``nuclear 
        material'' each place it appears and inserting 
        ``nuclear material or nuclear byproduct material'';
          (2) in subsection (a)(1)(A), by inserting ``or the 
        environment'' after ``property'';
          (3) so that subsection (a)(1)(B) reads 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), by inserting ``or the 
        environment'' after ``property'';
          (5) so that subsection (c)(2) reads 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), by striking ``at the time 
        of the offense the nuclear material is in use, storage, 
        or transport, for peaceful purposes, and'';
          (7) by striking ``or'' at the end of subsection 
        (c)(3);
          (8) in subsection (c)(4), by striking ``nuclear 
        material for peaceful purposes'' and inserting 
        ``nuclear material or nuclear byproduct material'';
          (9) by striking the period at the end of subsection 
        (c)(4) and inserting ``; or'';
          (10) by adding at the end of subsection (c) the 
        following:
          ``(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), by striking ``with an 
        isotopic concentration not in excess of 80 percent 
        plutonium 238'';
          (12) in subsection (f)(1)(C) by inserting ``enriched 
        uranium, defined as'' before ``uranium'';
          (13) in subsection (f), by redesignating paragraphs 
        (2), (3), and (4) as paragraphs (3), (4), and (5), 
        respectively;
          (14) by inserting after subsection (f)(1) the 
        following:
          ``(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) by striking ``and'' at the end of subsection 
        (f)(4), as redesignated;
          (16) by striking the period at the end of subsection 
        (f)(5), as redesignated, and inserting a semicolon; and
          (17) by adding at the end of subsection (f) the 
        following:
          ``(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 V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES

SEC. 501. DEFINITIONS.

  Section 841 of title 18, United States Code, is amended by 
adding at the end the following:
          ``(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), 
                C2H4(NO3)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), 
                C6H12(NO2)2, molecular 
                weight 176, when the minimum concentration in 
                the finished explosive is 0.1 percent by mass;
                  ``(3) Para-Mononitrotoluene (p-MNT), 
                C7H7NO2, molecular weight 137, 
                when the minimum concentration in the finished 
                explosive is 0.5 percent by mass;
                  ``(4) Ortho-Mononitrotoluene (o-MNT), 
                C7H7NO2, 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 10-4 Pa at a temperature 
        of 25+C., is formulated with a binder material, and is 
        as a mixture malleable or flexible at normal room 
        temperature.''.

SEC. 502. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES.

  Section 842 of title 18, United States Code, is amended by 
adding at the end the following:
  ``(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) Until the 15-year period that begins with the date of 
entry into force of the Convention on the Marking of Plastic 
Explosives with respect to the United States has expired, 
paragraph (1) shall 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 before the effective 
date of this subsection 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.
  ``(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)(A) During the 3-year period that begins on the 
effective date of this subsection, paragraph (1) shall not 
apply to the shipment, transportation, transfer, receipt, or 
possession of any plastic explosive, which was imported, 
brought into, or manufactured in the United States before such 
effective date by any person.
  ``(B) Until the 15-year period that begins on the date of 
entry into force of the Convention on the Marking of Plastic 
Explosives with respect to the United States has expired, 
paragraph (1) shall not apply to the shipment, transportation, 
transfer, receipt, or possession of any plastic explosive, 
which was imported, brought into, or manufactured in the United 
States before the effective date of this subsection 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.
  ``(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 subsection, to 
fail to report to the Secretary within 120 days after the 
effective date of this subsection 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. 503. 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 
(l) through (o) of section 842 of this title shall be fined 
under this title, imprisoned not more than 10 years, or 
both.''.

SEC. 504. EXCEPTIONS.

  Section 845 of title 18, United States Code, is amended--
          (1) in subsection (a), by inserting ``(l), (m), (n), 
        or (o) of section 842 and subsections'' after 
        ``subsections'';
          (2) in subsection (a)(1), by inserting ``and which 
        pertains to safety'' before the semicolon; and
          (3) by adding at the end the following:
  ``(c) It is an affirmative defense against any proceeding 
involving subsection (l), (m), (n), or (o) of section 842 of 
this title 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 3 years 
        after the effective date of this paragraph, 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 shells, bombs, projectiles, mines, missiles, 
        rockets, shaped charges, grenades, perforators, and 
        similar devices lawfully manufactured exclusively for 
        military or police purposes.''.

SEC. 505. EFFECTIVE DATE.

  The amendments made by this title shall take effect 1 year 
after the date of the enactment of this Act.

           TITLE VI--REMOVAL PROCEDURES FOR ALIEN TERRORISTS

SEC. 601. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.

  (a) In General.--The Immigration and Nationality Act is 
amended--
          (1) by adding at the end of the table of contents the 
        following:

       ``Title V--Special Removal Procedures for Alien Terrorists

``Sec. 501. Definitions.
``Sec. 502. Establishment of special removal court.
``Sec. 503. Application for initiation of special removal proceeding.
``Sec. 504. Consideration of application.
``Sec. 505. Special removal hearings.
``Sec. 506. Appeals.'';
        and
          (2) by adding at the end the following new title:

       ``TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS

                             ``definitions

  ``Sec. 501. In this title:
          ``(1) The term `alien terrorist' means an alien 
        described in section 241(a)(4)(B).
          ``(2) The term `classified information' has the 
        meaning given such term in section 1(a) of the 
        Classified Information Procedures Act (18 U.S.C. App.).
          ``(3) The term `national security' has the meaning 
        given such term in section 1(b) of the Classified 
        Information Procedures Act (18 U.S.C. App.).
          ``(4) The term `special removal court' means the 
        court established under section 502(a).
          ``(5) The term `special removal hearing' means a 
        hearing under section 505.
          ``(6) The term `special removal proceeding' means a 
        proceeding under this title.

                ``establishment of special removal court

  ``Sec. 502. (a) In General.--The Chief Justice of the United 
States shall publicly designate 5 district court judges from 5 
of the United States judicial circuits who shall constitute a 
court which shall have jurisdiction to conduct all special 
removal proceedings.
  ``(b) Terms.--Each judge designated under subsection (a) 
shall serve for a term of 5 years and shall be eligible for 
redesignation, except that the four associate judges first so 
designated shall be designated for terms of one, two, three, 
and four years so that the term of one judge shall expire each 
year.
  ``(c) Chief Judge.--The Chief Justice shall publicly 
designate one of the judges of the special removal court to be 
the chief judge of the court. 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.
  ``(d) Expeditious and Confidential Nature of Proceedings.--
The provisions of section 103(c) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1803(c)) shall apply to 
proceedings under this title in the same manner as they apply 
to proceedings under such Act.

       ``application for initiation of special removal proceeding

  ``Sec. 503. (a) In General.--Whenever the Attorney General 
has classified information that an alien is an alien terrorist, 
the Attorney General, in the Attorney General's discretion, may 
seek removal of the alien under this title through the filing 
with the special removal court of a written application 
described in subsection (b) that seeks an order authorizing a 
special removal proceeding under this title. The application 
shall be submitted in camera and ex parte and shall be filed 
under seal with the court.
  ``(b) Contents of Application.--Each application for a 
special removal proceeding shall include all of the following:
          ``(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 filing of the 
        application based upon a finding by that individual 
        that the application satisfies the criteria and 
        requirements of this title.
          ``(3) The identity of the alien for whom 
        authorization for the special removal proceeding is 
        sought.
          ``(4) A statement of the facts and circumstances 
        relied on by the Department of Justice to establish 
        that--
                  ``(A) the alien is an alien terrorist 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.
          ``(5) An oath or affirmation respecting each of the 
        facts and statements described in the previous 
        paragraphs.
  ``(c) Right To Dismiss.--The Department of Justice retains 
the right to dismiss a removal action under this title at any 
stage of the proceeding.

                     ``consideration of application

  ``Sec. 504. (a) In General.--In the case of an application 
under section 503 to the special removal court, a single judge 
of the court shall be assigned to consider the application. The 
judge, in accordance with the rules of the court, shall 
consider the application and may consider other information, 
including classified information, presented under oath or 
affirmation. The judge shall consider the application (and any 
hearing thereof) in camera and ex parte. A verbatim record 
shall be maintained of any such hearing.
  ``(b) Approval of Order.--The judge shall enter ex parte the 
order requested in the application if the judge finds, on the 
basis of such application and such other information (if any), 
that 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 
        terrorist, 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.
  ``(c) Denial of Order.--If the judge denies the order 
requested in the application, the judge shall prepare a written 
statement of the judge's reasons for the denial.

                       ``special removal hearings

  ``Sec. 505. (a) In General.--In any case in which the 
application for the order is approved under section 504, a 
special removal hearing shall be conducted under this section 
for the purpose of determining whether the alien to whom the 
order pertains should be removed from the United States on the 
grounds that the alien is an alien terrorist. Consistent with 
section 506, the alien shall be given reasonable notice of the 
nature of the charges against the alien 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.
  ``(b) Use of Same Judge.--The special removal hearing shall 
be held before the same judge who granted the order pursuant to 
section 504 unless that judge is deemed unavailable due to 
illness or disability by the chief judge of the special removal 
court, 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.
  ``(c) Rights in Hearing.--
          ``(1) Public hearing.--The special removal hearing 
        shall be open to the public.
          ``(2) Right of counsel.--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 
        the alien. 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.
          ``(3) Introduction of evidence.--The alien shall have 
        a right to introduce evidence on the alien's own 
        behalf.
          ``(4) Examination of witnesses.--The alien shall have 
        a reasonable opportunity to examine the evidence 
        against the alien and to cross-examine any witness.
          ``(5) Record.--A verbatim record of the proceedings 
        and of all testimony and evidence offered or produced 
        at such a hearing shall be kept.
          ``(6) Decision based on evidence at hearing.--The 
        decision of the judge in the hearing shall be based 
        only on the evidence introduced at the hearing.
  ``(d) Subpoenas.--
          ``(1) Request.--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.
          ``(2) Payment for attendance.--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 from funds 
        appropriated for the enforcement of title II.
          ``(3) Nationwide service.--A subpoena under this 
        subsection may be served anywhere in the United States.
          ``(4) Witness fees.--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.
  ``(e) Treatment of Classified Information.--The judge shall 
examine in camera and ex parte any item of classified 
information for which the Attorney General determines that 
public disclosure would pose a risk to the national security of 
the United States. With respect to such evidence, the Attorney 
General shall also submit to the court a summary prepared in 
accordance with subsection (f).
  ``(f) Summary of Classified Information.--
          ``(1) The information submitted under subsection (e) 
        shall contain a summary of the information that does 
        not pose a risk to the national security.
          ``(2) The judge shall approve the summary if the 
        judge finds that the summary will provide the alien 
        with substantially the same ability to make his defense 
        as would disclosure of the specific classified 
        information.
          ``(3) The Attorney General shall cause to be 
        delivered to the alien a copy of the summary approved 
        under paragraph (2).
  ``(g) Determination of Deportation.--If the judge determines 
that the summary described in subsection (f) will provide the 
alien with substantially the same ability to make his defense 
as would the disclosure of the specific classified evidence, a 
determination of deportation may be made on the basis of the 
summary and any other evidence entered in the public record and 
to which the alien has been given access. If the judge does not 
approve the summary, a determination of deportation may be made 
on the basis of any other evidence entered in the public record 
and to which the alien has been given access. In either case, 
such a determination will be made when the Attorney General 
proves, by clear, convincing, and unequivocal evidence that the 
alien is subject to deportation because such alien is an alien 
as described in section 241(a)(4)(B).

                               ``appeals

  ``Sec. 506. (a) Appeals by Alien.--The alien may appeal a 
determination under section 505(f) or 505(g) to the United 
States Court of Appeals for the circuit where the alien resides 
by filing a notice of appeal with such court not later than 30 
days after the determination is made.
  ``(b) Appeals by the United States.--The Attorney General may 
appeal a determination made under section 504, or section 
505(f) or 505(g) to the Court of Appeals for the circuit where 
the alien resides, by filing a notice of appeal with such court 
not later than 20 days after the determination is made under 
any one of such subsections.
  ``(c) Transmittal of Classified Information.--When requested 
by the Attorney General, the classified information in section 
506(e) shall be transmitted to the court of appeals under 
seal.''.

                  TITLE VII--AUTHORIZATION AND FUNDING

SEC. 701. FIREFIGHTER AND EMERGENCY SERVICES TRAINING.

  The Attorney General may award grants in consultation with 
the Federal Emergency Management Agency for the purposes of 
providing specialized training or equipment to enhance the 
capability of metropolitan fire and emergency service 
departments to respond to terrorist attacks. To carry out the 
purposes of this section, there is authorized to be 
appropriated $5,000,000 for fiscal year 1996.

SEC. 702. ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE EXPLOSIVE 
                    DETECTION DEVICES AND OTHER COUNTER-TERRORISM 
                    TECHNOLOGY.

  There is authorized to be appropriated not to exceed 
$10,000,000 for fiscal years 1996 and 1997 to the President to 
provide assistance to foreign countries facing an imminent 
danger of terrorist attack that threatens the national interest 
of the United States or puts United States nationals at risk--
          (1) in obtaining explosive detection devices and 
        other counter-terrorism technology; and
          (2) in conducting research and development projects 
        on such technology.

SEC. 703. RESEARCH AND DEVELOPMENT TO SUPPORT COUNTER-TERRORISM 
                    TECHNOLOGIES.

  There are authorized to be appropriated not to exceed 
$10,000,000 to the National Institute of Justice Science and 
Technology Office--
          (1) to develop technologies that can be used to 
        combat terrorism, including technologies in the areas 
        of--
                  (A) detection of weapons, explosives, 
                chemicals, and persons;
                  (B) tracking;
                  (C) surveillance;
                  (D) vulnerability assessment; and
                  (E) information technologies;
          (2) to develop standards to ensure the adequacy of 
        products produced and compatibility with relevant 
        national systems; and
          (3) to identify and assess requirements for 
        technologies to assist State and local law enforcement 
        in the national program to combat terrorism.

                       TITLE VIII--MISCELLANEOUS

SEC. 801. STUDY OF STATE LICENSING REQUIREMENTS FOR THE PURCHASE AND 
                    USE OF HIGH EXPLOSIVES.

  The Secretary of the Treasury, in consultation with the 
Federal Bureau of Investigation, shall conduct a study of State 
licensing requirements for the purchase and use of commercial 
high explosives, including detonators, detonating cords, 
dynamite, water gel, emulsion, blasting agents, and boosters. 
Not later than 180 days after the date of the enactment of this 
Act, the Secretary shall report to Congress the results of this 
study, together with any recommendations the Secretary 
determines are appropriate.

SEC. 802. COMPENSATION OF VICTIMS OF TERRORISM.

  (a) Requiring Compensation for Terrorist Crimes.--Section 
1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 
10603(d)(3)) is amended--
          (1) by inserting ``crimes involving terrorism,'' 
        before ``driving while intoxicated''; and
          (2) by inserting a comma after ``driving while 
        intoxicated''.
  (b) Foreign Terrorism.--Section 1403(b)(6)(B) of the Victims 
of Crime Act of 1984 (42 U.S.C. 10603(b)(6)(B)) is amended by 
inserting ``are outside the United States (if the compensable 
crime is terrorism, as defined in section 2331 of title 18, 
United States Code), or'' before ``are States not having''.

SEC. 803. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES.

  (a) Exception to Foreign Sovereign Immunity for Certain 
Cases.--Section 1605 of title 28, United States Code, is 
amended--
          (1) in subsection (a)--
                  (A) by striking ``or'' at the end of 
                paragraph (5);
                  (B) by striking the period at the end of 
                paragraph (6) and inserting ``; or''; and
                  (C) by adding at the end the following new 
                paragraph:
          ``(7) not otherwise covered by paragraph (2), in 
        which money damages are sought against a foreign state 
        for personal injury or death that was caused by an act 
        of torture, extrajudicial killing, aircraft sabotage, 
        hostage taking, or the provision of material support or 
        resources (as defined in section 2339A of title 18) for 
        such an act if such act or provision of material 
        support is engaged in by an official, employee, or 
        agent of such foreign state while acting within the 
        scope of his or her office, employment, or agency, 
        except that--
                  ``(A) an action under this paragraph shall 
                not be maintained unless the act upon which the 
                claim is based occurred while the individual 
                bringing the claim was a national of the United 
                States (as that term is defined in section 
                101(a)(22) of the Immigration and Nationality 
                Act); and
                  ``(B) the court shall decline to hear a claim 
                under this paragraph if the foreign state 
                against whom the claim has been brought 
                establishes that procedures and remedies are 
                available in such state which comport with 
                fundamental fairness and due process.''; and
          (2) by adding at the end the following new 
        subsection:
  ``(e) For purposes of paragraph (7) of subsection (a)--
          ``(1) the terms `torture' and `extrajudicial killing' 
        have the meaning given those terms in section 3 of the 
        Torture Victim Protection Act of 1991;
          ``(2) the term `hostage taking' has the meaning given 
        that term in Article 1 of the International Convention 
        Against the Taking of Hostages; and
          ``(3) the term `aircraft sabotage' has the meaning 
        given that term in Article 1 of the Convention for the 
        Suppression of Unlawful Acts Against the Safety of 
        Civil Aviation.''.
  (b) Exception to Immunity From Attachment.--
          (1) Foreign state.--Section 1610(a) of title 28, 
        United States Code, is amended--
                  (A) by striking the period at the end of 
                paragraph (6) and inserting ``, or''; and
                  (B) by adding at the end the following new 
                paragraph:
          ``(7) the judgment relates to a claim for which the 
        foreign state is not immune under section 1605(a)(7), 
        regardless of whether the property is or was involved 
        with the act upon which the claim is based.''.
          (2) Agency or instrumentality.--Section 1610(b)(2) of 
        such title is amended--
                  (A) by striking ``or (5)'' and inserting 
                ``(5), or (7)''; and
                  (B) by striking ``used for the activity'' and 
                inserting ``involved in the act''.
  (c) Applicability.--The amendments made by this title shall 
apply to any cause of action arising before, on, or after the 
date of the enactment of this Act.

SEC. 804. COMPILATION OF STATISTICS RELATING TO INTIMIDATION OF 
                    GOVERNMENT EMPLOYEES.

  (a) Findings.--Congress finds that--
          (1) threats of violence and acts of violence are 
        mounting against Federal, State, and local government 
        employees and their families in attempts to stop public 
        servants from performing their lawful duties;
          (2) these acts are a danger to our constitutional 
        form of government; and
          (3) more information is needed as to the extent of 
        the danger and its nature so that steps can be taken to 
        protect public servants at all levels of government in 
        the performance of their duties.
  (b) Statistics.--The Attorney General shall acquire data, for 
the calendar year 1990 and each succeeding calendar year about 
crimes and incidents of threats of violence and acts of 
violence against Federal, State, and local government employees 
in performance of their lawful duties. Such data shall 
include--
          (1) in the case of crimes against such employees, the 
        nature of the crime; and
          (2) in the case of incidents of threats of violence 
        and acts of violence, including verbal and implicit 
        threats against such employees, whether or not 
        criminally punishable, which deter the employees from 
        the performance of their jobs.
  (c) Guidelines.--The Attorney General shall establish 
guidelines for the collection of such data, including what 
constitutes sufficient evidence of noncriminal incidents 
required to be reported.
  (d) Annual Publishing.--The Attorney General shall publish an 
annual summary of the data acquired under this section. 
Otherwise such data shall be used only for research and 
statistical purposes.
  (e) Exemption.--The United States Secret Service is not 
required to participate in any statistical reporting activity 
under this section with respect to any direct or indirect 
threats made against any individual for whom the United States 
Secret Service is authorized to provide protection.

SEC. 805. VICTIM RESTITUTION ACT.

  (a) Order of Restitution.--Section 3663 of title 18, United 
States Code, is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1)--
                          (i) by striking ``may order, in 
                        addition to or, in the case of a 
                        misdemeanor, in lieu of any other 
                        penalty authorized by law'' and 
                        inserting ``shall order''; and
                          (ii) by adding at the end the 
                        following: ``The requirement of this 
                        paragraph does not affect the power of 
                        the court to impose any other penalty 
                        authorized by law. In the case of a 
                        misdemeanor, the court may impose 
                        restitution in lieu of any other 
                        penalty authorized by law.'';
                  (B) by adding at the end the following:
  ``(4) In addition to ordering restitution to the victim of 
the offense of which a defendant is convicted, a court may 
order restitution to any person who, as shown by a 
preponderance of evidence, was harmed physically, emotionally, 
or pecuniarily, by unlawful conduct of the defendant during--
          ``(A) the criminal episode during which the offense 
        occurred; or
          ``(B) the course of a scheme, conspiracy, or pattern 
        of unlawful activity related to the offense.'';
          (2) in subsection (b)(1)(B) by striking 
        ``impractical'' and inserting ``impracticable'';
          (3) in subsection (b)(2) by inserting ``emotional 
        or'' after ``resulting in'';
          (4) in subsection (b)--
                  (A) by striking ``and'' at the end of 
                paragraph (4);
                  (B) by redesignating paragraph (5) as 
                paragraph (6); and
                  (C) by inserting after paragraph (4) the 
                following new paragraph:
          ``(5) in any case, reimburse the victim for lost 
        income and necessary child care, transportation, and 
        other expenses related to participation in the 
        investigation or prosecution of the offense or 
        attendance at proceedings related to the offense; 
        and'';
          (5) in subsection (c) by striking ``If the court 
        decides to order restitution under this section, the'' 
        and inserting ``The'';
          (6) by striking subsections (d), (e), (f), (g), and 
        (h);
          (7) by redesignating subsection (i) as subsection 
        (m); and
          (8) by inserting after subsection (c) the following:
  ``(d)(1) The court shall order restitution to a victim in the 
full amount of the victim's losses as determined by the court 
and without consideration of--
          ``(A) the economic circumstances of the offender; or
          ``(B) the fact that a victim has received or is 
        entitled to receive compensation with respect to a loss 
        from insurance or any other source.
  ``(2) Upon determination of the amount of restitution owed to 
each victim, the court shall specify in the restitution order 
the manner in which and the schedule according to which the 
restitution is to be paid, in consideration of--
          ``(A) the financial resources and other assets of the 
        offender;
          ``(B) projected earnings and other income of the 
        offender; and
          ``(C) any financial obligations of the offender, 
        including obligations to dependents.
  ``(3) A restitution order may direct the offender to make a 
single, lump-sum payment, partial payment at specified 
intervals, or such in-kind payments as may be agreeable to the 
victim and the offender. A restitution order shall direct the 
offender to give appropriate notice to victims and other 
persons in cases where there are multiple victims or other 
persons who may receive restitution, and where the identity of 
such victims and other persons can be reasonably determined.
  ``(4) An in-kind payment described in paragraph (3) may be in 
the form of--
          ``(A) return of property;
          ``(B) replacement of property; or
          ``(C) services rendered to the victim or to a person 
        or organization other than the victim.
  ``(e) When the court finds that more than 1 offender has 
contributed to the loss of a victim, the court may make each 
offender liable for payment of the full amount of restitution 
or may apportion liability among the offenders to reflect the 
level of contribution and economic circumstances of each 
offender.
  ``(f) When the court finds that more than 1 victim has 
sustained a loss requiring restitution by an offender, the 
court shall order full restitution to each victim but may 
provide for different payment schedules to reflect the economic 
circumstances of each victim.
  ``(g)(1) If the victim has received or is entitled to receive 
compensation with respect to a loss from insurance or any other 
source, the court shall order that restitution be paid to the 
person who provided or is obligated to provide the 
compensation, but the restitution order shall provide that all 
restitution to victims required by the order be paid to the 
victims before any restitution is paid to such a provider of 
compensation.
  ``(2) The issuance of a restitution order shall not affect 
the entitlement of a victim to receive compensation with 
respect to a loss from insurance or any other source until the 
payments actually received by the victim under the restitution 
order fully compensate the victim for the loss, at which time a 
person that has provided compensation to the victim shall be 
entitled to receive any payments remaining to be paid under the 
restitution order.
  ``(3) Any amount paid to a victim under an order of 
restitution shall be set off against any amount later recovered 
as compensatory damages by the victim in--
          ``(A) any Federal civil proceeding; and
          ``(B) any State civil proceeding, to the extent 
        provided by the law of the State.
  ``(h) A restitution order shall provide that--
          ``(1) all fines, penalties, costs, restitution 
        payments and other forms of transfers of money or 
        property made pursuant to the sentence of the court 
        shall be made by the offender to an entity designated 
        by the Director of the Administrative Office of the 
        United States Courts for accounting and payment by the 
        entity in accordance with this subsection;
          ``(2) the entity designated by the Director of the 
        Administrative Office of the United States Courts 
        shall--
                  ``(A) log all transfers in a manner that 
                tracks the offender's obligations and the 
                current status in meeting those obligations, 
                unless, after efforts have been made to enforce 
                the restitution order and it appears that 
                compliance cannot be obtained, the court 
                determines that continued recordkeeping under 
                this subparagraph would not be useful; and
                  ``(B) notify the court and the interested 
                parties when an offender is 30 days in arrears 
                in meeting those obligations; and
          ``(3) the offender shall advise the entity designated 
        by the Director of the Administrative Office of the 
        United States Courts of any change in the offender's 
        address during the term of the restitution order.
  ``(i) A restitution order shall constitute a lien against all 
property of the offender and may be recorded in any Federal or 
State office for the recording of liens against real or 
personal property.
  ``(j) Compliance with the schedule of payment and other terms 
of a restitution order shall be a condition of any probation, 
parole, or other form of release of an offender. If a defendant 
fails to comply with a restitution order, the court may revoke 
probation or a term of supervised release, modify the term or 
conditions of probation or a term of supervised release, hold 
the defendant in contempt of court, enter a restraining order 
or injunction, order the sale of property of the defendant, 
accept a performance bond, or take any other action necessary 
to obtain compliance with the restitution order. In determining 
what action to take, the court shall consider the defendant's 
employment status, earning ability, financial resources, the 
willfulness in failing to comply with the restitution order, 
and any other circumstances that may have a bearing on the 
defendant's ability to comply with the restitution order.
  ``(k) An order of restitution may be enforced--
          ``(1) by the United States--
                  ``(A) in the manner provided for the 
                collection and payment of fines in subchapter B 
                of chapter 229 of this title; or
                  ``(B) in the same manner as a judgment in a 
                civil action; and
          ``(2) by a victim named in the order to receive the 
        restitution, in the same manner as a judgment in a 
        civil action.
  ``(l) A victim or the offender may petition the court at any 
time to modify a restitution order as appropriate in view of a 
change in the economic circumstances of the offender.''.
  (b) Procedure for Issuing Order of Restitution.--Section 3664 
of title 18, United States Code, is amended--
          (1) by striking subsection (a);
          (2) by redesignating subsections (b), (c), (d), and 
        (e) as subsections (a), (b), (c), and (d);
          (3) by amending subsection (a), as redesignated by 
        paragraph (2), to read as follows:
  ``(a) The court may order the probation service of the court 
to obtain information pertaining to the amount of loss 
sustained by any victim as a result of the offense, the 
financial resources of the defendant, the financial needs and 
earning ability of the defendant and the defendant's 
dependents, and such other factors as the court deems 
appropriate. The probation service of the court shall include 
the information collected in the report of presentence 
investigation or in a separate report, as the court directs.''; 
and
          (4) by adding at the end thereof the following new 
        subsection:
  ``(e) The court may refer any issue arising in connection 
with a proposed order of restitution to a magistrate or special 
master for proposed findings of fact and recommendations as to 
disposition, subject to a de novo determination of the issue by 
the court.''.

                                
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