II

104TH CONGRESS

1ST SESSION S. 390

To improve the ability of the United States to respond to the international

terrorist threat.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 10 (legislative day, JANUARY 30), 1995

Mr. BIDEN (for himself, Mr. SPECTER, Mr. KOHL, Mr. KERREY, and Mr.

D’AMATO) (by request) introduced the following bill; which was read

twice and referred to the Committee on the Judiciary

A BILL

To improve the ability of the United States to respond to

the international terrorist threat.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as ‘‘the Omnibus

5 Counterterrorism Act of 1995’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The following is the table of contents for this Act:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Findings and purposes.

TITLE I—SUBSTANTIVE CRIMINAL LAW ENHANCEMENTS
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Sec. 101. Acts of terrorism transcending national boundaries.

Sec. 102. Conspiracy to harm people or property overseas.

Sec. 103. Clarification and extension of criminal jurisdiction over certain terrorism offense overseas.

TITLE II—IMMIGRATION LAW IMPROVEMENTS

Sec. 201. Alien terrorist removal procedures.

Sec. 202. Changes to the Immigration and Nationality Act to facilitate removal

of alien terrorists.

Sec. 203. Access to certain confidential INS files through court order.

TITLE III—CONTROLS OVER TERRORIST FUND-RAISING

Sec. 301. Terrorist fund-raising prohibited.

TITLE IV—CONVENTION ON THE MARKING OF PLASTIC

EXPLOSIVES

Sec. 401. Short title.

Sec. 402. Findings and purposes.

Sec. 403. Definitions.

Sec. 404. Requirement of detection agents for plastic explosives.

Sec. 405. Criminal sanctions.

Sec. 406. Exceptions.

Sec. 407. Investigative authority.

Sec. 408. Effective date.

TITLE V—NUCLEAR MATERIALS

Sec. 501. Expansion of nuclear materials prohibitions.

TITLE VI—PROCEDURAL AND TECHNICAL CORRECTIONS AND

IMPROVEMENTS

Sec. 601 Correction to material support provision.

Sec. 602. Expansion of weapons of mass destruction statute.

Sec. 603. Addition of terrorist offenses to the RICO statute.

Sec. 604. Addition of terrorist offenses to the money laundering statute.

Sec. 605. Authorization for interception of communications in certain terrorism

related offenses.

Sec. 606. Clarification of maritime violence jurisdiction.

Sec. 607. Expansion of Federal jurisdiction over bomb threats.

Sec. 608. Increased penalty for explosives conspiracies.

Sec. 609. Amendment to include assaults, murder, and threats against former

Federal officials on account of the performance of their official

duties.

Sec. 610. Addition of conspiracy to terrorism offenses.

TITLE VII—ANTITERRORISM ASSISTANCE

Sec. 701. Findings.

Sec. 702. Antiterrorism assistance amendments.

1 SEC. 3. FINDINGS AND PURPOSES.

2 (a) The Congress finds and declares:
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1 (1) International terrorism remains a serious

2 and deadly problem which threatens the interests of

3 the United States both overseas and within its terri4 tory. States or organizations that practice terrorism

5 or actively support it should not be allowed to do so

6 without serious consequence.

7 (2) International terrorism directed against

8 United States interests must be confronted by the

9 appropriate use of the full array of tools available to

10 the President, including diplomatic, military, eco11 nomic and prosecutive actions.

12 (3) The Nation’s security interests are seriously

13 impacted by terrorist attacks carried out overseas

14 against United States Government facilities, officials

15 and other American citizens present in foreign coun16 tries.

17 (4) United States foreign policy interests are

18 profoundly affected by terrorist acts overseas espe19 cially those directed against friendly foreign govern20 ments and their people and those intended to under21 mine the peaceful resolution of disputes in the Mid22 dle East and other troubled regions.

23 (5) Since the Iranian Revolution of 1979, the

24 defeat of the Soviet Union in Afghanistan, the peace

25 initiative in the Middle East, and the fall of com-
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1 munism throughout Eastern Europe and the former

2 Soviet Union, international terrorism has become a

3 more complex problem, with new alliances emerging

4 among terrorist organizations.

5 (6) Violent crime is a pervasive international

6 problem and is exacerbated by the free international

7 movement of drugs, firearms, explosives and individ8 uals dedicated to performing acts of international

9 terrorism who travel using false or fraudulent docu10 mentation.

11 (7) While international terrorists move freely

12 from country to country, ordinary citizens and for13 eign visitors often fear to travel to or through cer14 tain parts of the world due to concern about terror15 ist violence.

16 (8) In addition to the destruction of property

17 and devastation to human life, the occurrence of an

18 international terrorist event results in a decline of

19 tourism and affects the marketplace, thereby having

20 an adverse impact on interstate and foreign com21 merce and economies of friendly nations.

22 (9) International terrorists, violating the sov23 ereignty of foreign countries, attack dissidents and

24 former colleagues living in foreign countries, includ25 ing the United States.
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1 (10) International terrorists, both inside and

2 outside the United States, carefully plan attacks and

3 carry them out in foreign countries against innocent

4 victims.

5 (11) There are increasing intelligence indica6 tions of networking between different international

7 terrorist organizations leading to their increased co8 operation and sharing of information and resources

9 in areas of common interest.

10 (12) In response, increased international coordi11 nation of legal and enforcement issues is required,

12 pursuant, for example, to the numerous multilateral

13 conventions in force providing universal prosecutive

14 jurisdiction over persons involved in a variety of ter15 rorist acts, including hostage taking, murder of an

16 internationally protected person, and aircraft piracy

17 and sabotage.

18 (13) Until recently, United States asylum proc19 essing procedures have been complicated and often

20 duplicative, providing a powerful incentive for indi21 viduals, including terrorists, without a genuine

22 claim, to apply for asylum and remain in the United

23 States.

24 (14) The United States Constitution grants

25 Congress the power to establish a uniform rule of
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1 naturalization and to make all laws necessary and

2 proper thereto.

3 (15) Part of that power authorizes the Con4 gress to establish laws directly applicable to alien

5 conduct within the United States that harms the

6 foreign relations, domestic tranquility or national se7 curity of the United States.

8 (16) While the vast majority of aliens justify

9 the trust placed in them by United States immigra10 tion policies, an dangerous few utilized access to the

11 United States to carry out their terrorist activity to

12 the detriment of this Nation’s national security and

13 foreign policy interests. Accordingly, international

14 terrorist organizations have been able to create sig15 nificant infrastructures and cells in the United

16 States among aliens who are in this country either

17 temporarily or as permanent resident aliens.

18 (17) International terrorist organizations, act19 ing through affiliated groups and/or individuals,

20 have been raising significant funds within the Unit21 ed States, often through misrepresentation of their

22 purposes or subtle forms of extortion, or using the

23 United States as a conduit for transferring funds

24 among countries.
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1 (18) The provision of funds to organizations

2 that engage in terrorism serves to facilitate their

3 terrorist activities regardless of whether the funds,

4 in whole or in part, are intended or claimed to be

5 used for non-violent purposes.

6 (19) Certain foreign governments and inter7 national terrorist organizations have directed their

8 members or sympathizers residing in the United

9 States to take measures in support of terrorist acts,

10 either within or outside the United States.

11 (20) Present Federal law does not adequately

12 reach all terrorist activity likely to be engaged in by

13 aliens within the United States.

14 (21) Law enforcement officials have been hin15 dered in using current immigration law to deport

16 alien terrorists because the law fails to provide pro17 cedures to protect classified intelligence sources and

18 information. Moreover, a few high ranking members

19 of terrorist organizations have been naturalized as

20 United States citizens because denial of such natu21 ralizations would have necessitated public disclosure

22 of highly classified sources and methods. Further23 more, deportation hearings frequently extend over

24 several years, thus hampering the expeditious re25 moval of aliens engaging in terrorist activity.
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1 (22) Present immigration law is inadequate to

2 protect the United States from terrorist attacks by

3 certain aliens. New procedures are needed to permit

4 expeditious removal of alien terrorists from the Unit5 ed States, thereby reducing the threat that such

6 aliens pose to the national security and other vital

7 interests of the United States.

8 (23) International terrorist organizations that

9 have infrastructure support within the United States

10 are believed to have been responsible for—

11 (A) conspiring in 1982 to bomb the Turk12 ish Honorary Consulate in Philadelphia, Penn13 sylvania;

14 (B) bombing the Marine barracks in Leb15 anon in 1983;

16 (C) holding Americans hostage in Lebanon

17 from 1984–1991;

18 (D) hijacking in 1984 Kuwait Airlines

19 Flight 221 during which two American employ20 ees of the Agency for International Develop21 ment were murdered;

22 (E) hijacking in 1985 TWA Flight 847

23 during which a United States Navy diver was

24 murdered;
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1 (F) murdering in 1985 an American tour2 ist aboard the Achille Lauro cruise liner;

3 (G) hijacking in 1985 Egypt Air Flight

4 648 during which one American and one Israeli

5 were killed;

6 (H) murdering in 1985 four members of

7 the United States Marine Corps in El Salvador;

8 (I) attacking in December 1985 the Rome

9 and Vienna airports resulting in the death of a

10 young American girl;

11 (J) hijacking in 1986 Pan Am Flight 73 in

12 Karachi, Pakistan, in which 44 Americans were

13 held hostage and two were killed;

14 (K) conspiring in 1986 in New York City

15 to bomb an Air India aircraft;

16 (L) bombing in April 1988 the USO club

17 in Naples, Italy, killing one American service18 woman and injuring four American servicemen;

19 (M) attacking in 1988 the Greek cruise

20 ship ‘‘City of Poros’’;

21 (N) bombing in 1988 Pan Am Flight 103

22 resulting in 270 deaths;

23 (O) bombing in 1989 UTA Flight 772 re24 sulting in 171 deaths, including seven Ameri25 cans;
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1 (P) murdering in 1989 a United States

2 Marine Corps officer assigned to the United

3 Nations Truce Supervisory Organization in

4 Lebanon;

5 (Q) downing in January 1991 a United

6 States military helicopter in El Salvador caus7 ing the death of a United States military crew8 man as a result of the crash and subsequently

9 murdering its two surviving United States mili10 tary crewmen;

11 (R) bombing in February 1992 the United

12 States Ambassador’s residence in Lima, Peru;

13 (S) bombing in February 1993 a cafe in

14 Cairo, Egypt, which wounded two United States

15 citizens;

16 (T) bombing in February 1993 the World

17 Trade Center in New York City, resulting in six

18 deaths;

19 (U) conspiring in the New York City area

20 in 1993 to destroy several government buildings

21 and tunnels;

22 (V) wounding in October 1994 two United

23 States citizens on a crowded street in Jerusa24 lem, Israel;
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1 (W) kidnapping and subsequently murder2 ing in October 1994 a dual citizen of the Unit3 ed States and Israel; and

4 (X) numerous bombings and murders in

5 Northern Ireland over the past decade.

6 (24) Nuclear materials, including byproduct

7 materials, can be used to create radioactive dispersal

8 devices which are capable of causing serious bodily

9 injury as well as substantial damage to property and

10 the environment.

11 (25) The potential use of nuclear materials, in12 cluding byproduct materials, enhances the threat

13 posed by terrorist activities and thereby has a great14 er effect on the security interests of the United

15 States.

16 (26) Due to the widespread hazards presented

17 by the threat of nuclear contamination, as well as

18 nuclear bombs, the United States has strong interest

19 in assuring that persons who are engaged in the ille20 gal acquisition and use of nuclear materials, includ21 ing byproduct materials, are prosecuted for their of22 fenses.

23 (27) The threat that the nuclear materials will

24 be obtained and used by terrorist and other criminal

25 organizations has increased substantially due to
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1 international developments in the years since the en2 actment in 1982 of the legislation which imple3 mented the Convention of the Physical Protection of

4 Nuclear Material, codified at section 831 of title 18,

5 United States Code.

6 (28) The successful effort to obtain agreements

7 from other countries to dismantle and destroy nu8 clear weapons has resulted in increased packaging

9 and transportation of nuclear materials, thereby cre10 ating more opportunities for their unlawful diversion

11 or theft;

12 (29) The illicit trafficking in the relatively more

13 common, commercially available and useable nuclear

14 and byproduct materials poses a potential to cause

15 significant loss of life and/or environmental damage.

16 (30) Reported trafficking incidents in the early

17 1990’s suggest that the individuals involved in traf18 ficking these materials from Eurasia and Eastern

19 Europe frequently conducted their black market

20 sales within the Federal Republic of Germany, the

21 Baltic States, and to a lesser extent in the Middle

22 European countries.

23 (31) The international community has become

24 increasingly concerned over the illegal possession of

25 nuclear and nuclear byproduct materials.
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1 (32) The potentially disastrous ramifications of

2 increased access by terrorists to nuclear and nuclear

3 byproduct material pose such a significant future

4 threat that the United States must use all lawful

5 methods available to combat the illegal use of such

6 materials.

7 (33) The United States has an interest in en8 couraging United States corporations to do business

9 in the countries which comprised the former Soviet

10 Union, as well as in other developing democracies;

11 protection of such corporations from threats created

12 by the unlawful use of nuclear materials is impor13 tant to encourage such business ventures, and to

14 further the foreign relations and commerce of the

15 United States.

16 (34) The nature of nuclear contamination is

17 such that it may affect the health, environment, and

18 property of United States nationals even if the acts

19 which constitute the illegal activity occur outside the

20 territory of the United States, and are primarily di21 rected toward non-nationals of the United States.

22 (35) Plastic explosives were used by terrorists

23 in the bombings of Pan Am flight 103 in December

24 1988 and UTA flight 772 in September 1989.
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1 (36) Plastic explosives currently can be used

2 with little likelihood of detection for acts of unlawful

3 interference with civil aviation, maritime navigation,

4 and other modes of transportation.

5 (37) The marking of plastic explosives for the

6 purpose of detection would contribute significantly to

7 the prevention and punishment of such unlawful

8 acts.

9 (38) In order to deter and detect the unlawful

10 use of plastic explosives, the Convention on the

11 Marking of Plastic Explosives for Purpose of Detec12 tion, done at Montreal on 1 March 1991, requires

13 each contracting State to adopt appropriate meas14 ures to ensure that plastic explosives are duly

15 marked and controlled.

16 The Congress further finds:

17 (39) Such international terrorist offenses place

18 innocent lives in jeopardy, endanger national secu19 rity, affect domestic tranquility, and gravely impact

20 on interstate and foreign commerce.

21 (40) Such international terrorist offenses in22 volved international associations, communication,

23 and mobility which can often be addressed effectively

24 only at the Federal law enforcement level.
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1 (41) There previously has been no Federal

2 criminal statute which provides a comprehensive

3 basis for addressing acts of international terrorism

4 carried out within the United States.

5 (42) There previously has been no Federal pro6 vision that specifically prohibits fund raising within

7 the United States on behalf of international terrorist

8 organizations.

9 (43) There previously has been no adequate

10 procedure under the immigration law that permits

11 the expeditious removal of resident and non-resident

12 alien terrorists.

13 (44) There previously has been no Federal

14 criminal statute which provides adequate protection

15 to United States interests from non-weapons grade,

16 yet hazardous radioactive material, and from the il17 legal diversion of nuclear materials which are held

18 for other than peaceful purposes.

19 (45) There previously has been no Federal law

20 that requires the marking of plastic explosives to im21 prove their detectability.

22 (46) Congress has the power under the inter23 state and foreign commerce clause, and other provi24 sions of the Constitution, to enact the following
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1 measures against international terrorism in order to

2 help ensure the integrity and safety of the Nation.

3 (b) The purposes of this Act are to provide—

4 (1) Federal law enforcement the necessary tools

5 and fullest possible basis allowed under the Con6 stitution of the United States to address, pursuant

7 to the rule of law, acts of international terrorism oc8 curring within the United States, or directed against

9 the United States or its nationals anywhere in the

10 world;

11 (2) the Federal Government the fullest possible

12 basis, consistent with the Constitution, of the United

13 States, to prevent persons and organizations within

14 the jurisdiction of the United States from providing

15 funds, directly or indirectly, to organizations, includ16 ing subordinate or affiliated persons, designated by

17 the President as engaging in terrorism, unless au18 thorized under this Act;

19 (3) procedures which, consistent with principles

20 of fundamental fairness, will allow the government

21 to deport resident and non-resident alien terrorists

22 promptly without compromising intelligence sources

23 and methods;

24 (4) provide Federal law enforcement the nec25 essary tools and fullest possible basis allowed under
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1 the Constitution of the United States to combat the

2 threat of nuclear contamination and proliferation

3 which may result from illegal possession and use of

4 radioactive materials; and

5 (5) fully implement the Convention on the

6 Marking or Plastic Explosives for the Purpose of

7 Detection, done at Montreal on 1 March 1991.

8 TITLE I—SUBSTANTIVE CRIMINAL LAW

9 ENHANCEMENTS

10 SEC. 101. ACTS OF TERRORISM TRANSCENDING NATIONAL

11 BOUNDARIES.

12 (a) OFFENSE.—Chapter 113B of title 18, United

13 States Code, is amended by inserting after section 2332a

14 this new section:

15 ‘‘§ 2332b. Acts of terrorism transcending national

16 boundaries

17 ‘‘(a) FINDINGS AND PURPOSE.—

18 ‘‘(1) The Congress hereby finds that—

19 ‘‘(A) international terrorism is a serious

20 and deadly problem which threatens the inter21 ests of this Nation not only overseas but also

22 within our territory;

23 ‘‘(B) international terrorists have dem24 onstrated their intention and capability of car25 rying out attacks within the United States by,
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1 for example, bombing The World Trade Center

2 in New York and undertaking attacks, includ3 ing assassinations, against former colleagues

4 and opponents who have taken up residence in

5 this country;

6 ‘‘(C) United States foreign policy interests

7 are seriously affected by terrorist acts within

8 the United States directed against foreign gov9 ernments and their people;

10 ‘‘(D) such offenses place innocent lives in

11 jeopardy, endanger national security, affect do12 mestic tranquility, and gravely impact on inter13 state and foreign commerce;

14 ‘‘(E) such offenses involve international as15 sociations, communication, and mobility which

16 often can be addressed effectively only at the

17 Federal law enforcement level; and

18 ‘‘(F) there previously has been no Federal

19 criminal statute which provides a comprehensive

20 basis for addressing acts of international terror21 ism carried out within the United States.

22 ‘‘(2) The purpose of this section is to provide

23 Federal law enforcement the fullest possible basis al24 lowed under the Constitution to address acts of
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1 international terrorism occurring within the United

2 States.

3 ‘‘(b) PROHIBITED ACTS.—

4 ‘‘(1) Whoever, in a circumstance described in

5 subsection (c),

6 ‘‘(A) kills, kidnaps, maims, commits an as7 sault resulting in serious bodily injury, or as8 saults with a dangerous weapon any individual

9 within the United States; or

10 ‘‘(B) destroys or damages any structure,

11 conveyance or other real or personal property

12 within the United States

13 in violation of the laws of any State or the United

14 States shall be punished as prescribed in subsection

15 (d).

16 ‘‘(2) Whoever threatens to commit an offense

17 under subsection (b)(1), or attempts or conspires so

18 to do, shall be punished as prescribed in subsection

19 (d).

20 ‘‘(c) JURISIDICTIONAL BASES.—The circumstances

21 referred to in subsection (b) are—

22 ‘‘(1) any of the offenders travels in commerce

23 with the intent to commit the offense or to escape

24 apprehension after the commission of such offense;
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1 ‘‘(2) the mail, or any facility utilized in any

2 manner in commerce, is used in furtherance of the

3 commission of the offense or to effect the escape of

4 any offender after the commission of such offense;

5 ‘‘(3) the offense obstructs, delays or affects

6 commerce in any way or degree or would have so ob7 structed, delayed or affected commerce if the offense

8 had been consummated;

9 ‘‘(4) the victim, or intended victim, is the Unit10 ed States Government or any official, officer, em11 ployee or agent of the legislative, executive or judi12 cial branches, or of any department or agency, of

13 the United States;

14 ‘‘(5) the structure, conveyance or other real or

15 personal property (A) was used in commerce or in

16 any activity affecting commerce, or (B) was in whole

17 or in part owned, possessed, or used by, or leased to

18 (I) the United States, or any department or agency

19 thereof, or (II) any institution or organization re20 ceiving Federal financial assistance or insured by

21 any department or agency of the United States;

22 ‘‘(6) any victim, or intended victim, of the of23 fense is, at the time of the offense, traveling in com24 merce;
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1 ‘‘(7) any victim, intended victim or offender is

2 not a national of the United States;

3 ‘‘(8) the offense is committed in the territorial

4 sea (including the airspace above and the seabed and

5 subsoil below, and artificial islands and fixed struc6 tures erected thereon) of the United States; or

7 ‘‘(9) the offense is committed in those places

8 within the United States that are in the special mar9 itime and territorial jurisdiction of the United

10 States.

11 Jurisdiction shall exist over all principals and

12 coconspirators of an offense under subsection (b), and ac13 cessories after the fact to any offense based upon sub14 section (b), if at least one of the above circumstances is

15 applicable to at least one offender.

16 ‘‘(d) PENALTIES.—Whoever violates this section

17 shall, in addition to the punishment provided for any other

18 crime charged in the indictment, be punished—

19 ‘‘(1) for a killing or if death results to any per20 son from any other conduct prohibited by this sec21 tion by death, or by imprisonment for any term of

22 years or for life;

23 ‘‘(2) for kidnapping, by imprisonment for any

24 term of years or for life;
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1 ‘‘(3) for maiming, by imprisonment for not

2 more than thirty-five years;

3 ‘‘(4) for assault with a dangerous weapon or as4 sault resulting in serious bodily injury, by imprison5 ment for not more than thirty years;

6 ‘‘(5) for destroying or damaging any structure,

7 conveyance or other real or personal property, by im8 prisonment for not more than twenty-five years;

9 ‘‘(6) for attempting or conspiring to commit an

10 offense, for any term of years up to the maximum

11 punishment that would have applied had the offense

12 been completed; and

13 ‘‘(7) for threatening to commit an offense

14 under this section, by imprisonment for not more

15 than ten years.

16 Notwithstanding any other provision of law, the court

17 shall not place on probation any person convicted of a vio18 lation of this section; nor shall the term of imprisonment

19 imposed under this section run concurrently with any

20 other term of imprisonment.

21 ‘‘(e) LIMITATION ON PROSECUTION.—No indictment

22 for any offense described in this section shall be sought

23 by the United States except after the Attorney General,

24 or the highest ranking subordinate of the Attorney Gen25 eral with responsibility for criminal prosecutions, has
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1 made a written certification that, in the judgment of the

2 certifying official, such offense, or any activity preparatory

3 to its commission, transcended national boundaries and

4 that the offense appears to have been intended to coerce,

5 intimidate, or retaliate against a government or a civilian

6 population, including any segment thereof.

7 ‘‘(f) INVESTIGATIVE RESPONSIBILITY.—Violations of

8 this section shall be investigated by the Attorney General.

9 Assistance may be requested from any Federal, State or

10 local agency, including the Army, Navy, and Air Force,

11 any statute, rule, or regulation to the contrary notwith12 standing.

13 ‘‘(g) EVIDENCE.—

14 ‘‘(1) The prosecution is not required to prove

15 knowledge by any defendant of a jurisdictional base

16 alleged in the indictment.

17 ‘‘(2) In a prosecution under this section that is

18 based upon the adoption of State law, only the ele19 ments of the offense under State law, and not any

20 provisions pertaining to criminal procedure or evi21 dence, are adopted.

22 ‘‘(h) EXTRATERRITORIAL JURISDICTION.—There is

23 extraterritorial Federal jurisdiction (1) over any offense

24 under subsection (b), including any threat, attempt, or

25 conspiracy to commit such offense, and (2) over conduct
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1 which, under section 3 of this title, renders any person

2 an accessory after the fact to an offense under subsection

3 (b).

4 ‘‘(i) DEFINITIONS.—As used in this section, the

5 term—

6 ‘‘(1) ‘commerce’ has the meaning given such

7 term in section 1951(b)(3) of this title;

8 ‘‘(2) ‘facility utilized in any manner in com9 merce’ includes means of transportation, commu10 nication, and transmission;

11 ‘‘(3) ‘national of the United States’ has the

12 meaning prescribed in section 101(a)(22) of the Im13 migration and Nationality Act (8 U.S.C.

14 1101(a)(22));

15 ‘‘(4) ‘serious bodily injury’ has the meaning

16 prescribed in section 1365(g)(3) of this title;

17 ‘‘(5) ‘State’ includes a State of the United

18 States, the District of Columbia, and any common19 wealth, territory or possession of the United States;

20 and

21 ‘‘(6) ‘territorial sea of the United States’ means

22 all waters extending seaward to 12 nautical miles

23 from the baselines of the United States determined

24 in accordance with international law.’’.
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1 (b) TECHNICAL AMENDMENT.—The chapter analysis

2 for Chapter 113B of title 18, United States Code, is

3 amended by inserting after ‘‘2332a. Use of Weapons of

4 Mass Destruction.’’ the following:

‘‘2332b. Acts of terrorism transcending national boundaries.’’

5 (c) STATUTE OF LIMITATIONS AMENDMENT.—Sec6 tion 3286 of title 18, United States Code, is amended by—

7 (1) striking ‘‘any offense’’ and inserting ‘‘any

8 non-capital offense’’;

9 (2) striking ‘‘36’’ and inserting ‘‘37’’;

10 (3) striking ‘‘2331’’ and inserting ‘‘2332’’;

11 (4) striking ‘‘2339’’ and inserting ‘‘2332a’’; and

12 (5) inserting ‘‘2332b (acts of terrorism tran13 scending national boundaries),’’ after ‘‘(use of weap14 ons of mass destruction),’’.

15 (d) PRESUMPTIVE DETENTION.—Section 3142(e) of

16 title 18, United States Code, is amended by inserting ‘‘or

17 section 2332b’’ after ‘‘section 924(c)’’.

18 (e) WIRETAP AMENDMENT.—Section 2518(11)(b)(ii)

19 of title 18, United States Code, is amended by—

20 (1) inserting ‘‘(A)’’ before ‘‘thwart’’ and

21 (2) inserting ‘‘or (B) commit a violation of sec22 tion 2332b of this title’’ after ‘‘facilities’’.
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1 SEC. 102. CONSPIRACY TO HARM PEOPLE AND PROPERTY

2 OVERSEAS.

3 (a) Section 956 of chapter 45 of title 18, United

4 States Code, is amended to read as follows:

5 ‘‘§ 956. Conspiracy to kill, kidnap, maim, or injure

6 certain property in a foreign country

7 ‘‘(a)(1) Whoever, within the jurisdiction of the United

8 States, conspires with one or more other persons, regard9 less of where such other person or persons are located,

10 to commit at any place outside the United States an act

11 that would constitute the offense of murder, kidnapping,

12 or maiming if committed in the special maritime and terri13 torial jurisdiction of the United States shall, if he or any

14 such other person commits an act within the jurisdiction

15 of the United States to effect any object of the conspiracy,

16 be punished as provided in subsection (a)(2).

17 ‘‘(2) The punishment for an offense under subsection

18 (a)(1) of this section is—

19 ‘‘(A) imprisonment for any term of years or for

20 life if the offense is conspiracy to murder or kidnap;

21 and

22 ‘‘(B) imprisonment for not more than thirty23 five years if the offense is conspiracy to maim.

24 ‘‘(b) Whoever, within the jurisdiction of the United

25 States, conspires with one or more persons, regardless of

26 where such other person or persons are located, to injure
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1 or destroy specific property situated within a foreign coun2 try and belonging to a foreign government or to any politi3 cal subdivision thereof with which the United States is at

4 peace, or any railroad, canal, bridge, airport, airfield or

5 other public utility, public conveyance or public structure,

6 or any religious, educational or cultural property so situ7 ated, shall, if he or any such other person commits an

8 act within the jurisdiction of the United States to effect

9 any object of the conspiracy, be imprisoned not more than

10 twenty-five years.’’.

11 (b) The chapter analysis for chapter 45 of title 18,

12 United States Code, is amended by striking ‘‘956. Con13 spiracy to injure property of foreign government.’’ and in14 serting in lieu thereof:

‘‘956. Conspiracy to kill, kidnap, maim, or injure certain property in a foreign

country.’’.

15 (c) Section 2339A of title 18, United States Code,

16 is amended by—

17 (1) striking ‘‘36’’ and inserting in lieu thereof

18 ‘‘37’’;

19 (2) striking ‘‘2331’’ and inserting in lieu there20 of ‘‘2332’’;

21 (3) striking ‘‘2339’’ and inserting in lieu there22 of ‘‘2332a’’;

23 (4) striking ‘‘of an escape’’ and inserting in lieu

24 thereof ‘‘or an escape’’; and
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1 (5) inserting ‘‘956,’’ before ‘‘1114.’’

2 SEC. 103. CLARIFICATION AND EXTENSION OF CRIMINAL

3 JURISDICTION OVER CERTAIN TERRORISM

4 OFFENSES OVERSEAS.

5 (a) Section 46502(b) of title 49, United States Code,

6 is amended by—

7 (1) in paragraph (1), striking ‘‘and later found

8 in the United States’’;

9 (2) amending paragraph (2) to read as follows:

10 ‘‘(2) There is jurisdiction over the offense in

11 paragraph (1) if—

12 ‘‘(A) a national of the United States was

13 aboard the aircraft;

14 ‘‘(B) an offender is a national of the Unit15 ed States; or

16 ‘‘(C) an offender is afterwards found in the

17 United States.’’; and

18 (3) inserting a new paragraph (3) as follows:

19 ‘‘(3) For purposes of this subsection, the term

20 ‘national of the United States’ has the meaning pre21 scribed in section 101(a)(22) of the Immigration

22 and Nationality Act (8 U.S.C. 1101(a)(22)).’’.

23 (b) Section 32(b) of title 18, United States Code, is

24 amended by—
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1 (1) striking ‘‘, if the offender is later found in

2 the United States,’’; and

3 (2) adding at the end the following two new

4 paragraphs:

5 ‘‘(5) There is jurisdiction over an offense in this

6 subsection if—

7 ‘‘(A) a national of the United States was

8 on board, or would have been on board, the air9 craft;

10 ‘‘(B) an offender is a national of the Unit11 ed States; or

12 ‘‘(C) an offender is afterwards found in the

13 United States.

14 ‘‘(6) For purposes of this subsection, the term

15 ‘national of the United States’ has the meaning pre16 scribed in section 101(a)(22) of the Immigration

17 and Nationality Act (8 U.S.C. 1101(a)(22)).’’.

18 (c) Section 1116 of title 18, United States Code, is

19 amended by—

20 (1) in subsection (b), adding at the end a new

21 paragraph (7) as follows:

22 ‘‘(7) ‘national of the United States’ has the

23 meaning prescribed in section 101(a)(22) of the Im24 migration and Nationality Act (8 U.S.C.

25 1101(a)(22)).’’; and
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1 (2) in subsection (c), striking the first sentence

2 and inserting the following: ‘‘If the victim of an of3 fense under subsection (a) is an internationally pro4 tected person outside the United States, the United

5 States may exercise jurisdiction over the offense if

6 (1) the victim is a representative, officer, employee,

7 or agent of the United States, (2) an offender is a

8 national of the United States, or (3) an offender is

9 afterwards found in the United States.’’.

10 (d) Section 112 of title 18, United States Code, is

11 amended by—

12 (1) in subsection (c), inserting ‘‘national of the

13 United States,’’ before ‘‘and’’; and

14 (2) in subsection (e), striking the first sentence

15 and inserting the following: ‘‘If the victim of an of16 fense under subsection (a) is an internationally pro17 tected person outside the United States, the United

18 States may exercise jurisdiction over the offense if

19 (1) the victim is a representative, officer, employee,

20 or agent of the United States, (2) an offender is a

21 national of the United States, or (3) an offender is

22 afterwards found in the United States.’’.

23 (e) Section 878 of title 18, United States Code, is

24 amended by—
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1 (1) in subsection (c), inserting ‘‘national of the

2 United States,’’ before ‘‘and’’; and

3 (2) in subsection (d) striking the first sentence

4 and inserting the following: ‘‘If the victim of an of5 fense under subsection (a) is an internationally pro6 tected person outside the United States, the United

7 States may exercise jurisdiction over the offense if

8 (1) the victim is a representative, officer, employee,

9 or agent of the United States, (2) an offender is a

10 national of the United States, or (3) an offender is

11 afterwards found in the United States.’’.

12 (f) Section 1201(e) of title 18, United States Code,

13 is amended by—

14 (1) striking the first sentence and inserting the

15 following: ‘‘If the victim of an offense under sub16 section (a) is an internationally protected person

17 outside the United States, the United States may

18 exercise jurisdiction over the offense if (1) the victim

19 is a representative, officer, employee, or agent of the

20 United States, (2) an offender is a national of the

21 United States, or (3) an offender is afterwards

22 found in the United States.’’; and

23 (2) adding at the end thereof the following:

24 ‘‘For purposes of this subsection, the term ‘national

25 of the United States’ has the meaning prescribed in
32

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1 section 101(a)(22) of the Immigration and National2 ity Act (8 U.S.C. 1101(a)(22).’’.

3 (g) Section 37(b)(2) of title 18, United States Code,

4 is amended—

5 (1) by inserting ‘‘(A)’’ before ‘‘the offender is

6 later found in the United States’’; and

7 (2) by inserting ‘‘; or (B) an offender or a vic8 tim is a national of the United States (as defined in

9 section 101(a)(22) of the Immigration and National10 ity Act (8 U.S.C. 1101(a)(22)))’’ after ‘‘the offender

11 is later found in the United States’’.

12 (h) Section 178 of title 18, United States Code, is

13 amended by—

14 (1) striking the ‘‘and’’ at the end of paragraph

15 (3);

16 (2) striking the ‘‘period’’ at the end of para17 graph (4) and inserting in lieu thereof ‘‘; and’’; and

18 (3) adding the following at the end thereof:

19 ‘‘(5) the term ‘national of the United States’

20 has the meaning prescribed in section 101(a)(22) of

21 the Immigration and Nationality Act (8 U.S.C.

22 1101(a)(22)).’’.
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1 TITLE II—IMMIGRATION LAW

2 IMPROVEMENTS

3 SEC. 201. ALIEN TERRORIST REMOVAL PROCEDURES.

4 (a) FINDINGS AND PURPOSE.—

5 (1) The Congress hereby finds that—

6 (A) international terrorism is a serious and

7 deadly problem which threatens the interests of

8 this Nation overseas and within our territory;

9 (B) until recently, United States asylum

10 processing procedures have been complicated

11 and often duplicative, providing a powerful in12 centive for individuals, including terrorists,

13 without a genuine claim, to apply for asylum

14 and remain in the United States;

15 (C) while most aliens justify the trust

16 placed in them by our immigration policies, a

17 dangerous few utilized access to the United

18 States to create significant infrastructures and

19 cells in the United States in order to carry out

20 their terrorist activity to the detriment of the

21 Nation’s national security and foreign policy in22 terests;

23 (D) the bombing of the World Trade Cen24 ter exemplifies the danger posed to the United

25 States and its citizens by alien terrorists;
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1 (E) similarly, some foreign terrorist orga2 nizations utilize associated aliens within the

3 United States to raise funds to facilitate their

4 overseas terrorist acts against United States

5 nationals as well as against foreign govern6 ments and their citizens; and

7 (F) current immigration laws and proce8 dures are not effective in addressing the alien

9 terrorist problem, as they require the govern10 ment to place sensitive intelligence sources and

11 methods at risk and allow the alien to remain

12 within the United States for the prolonged pe13 riod necessary to pursue a deportation action.

14 Moreover, under the current statutory frame15 work a few high ranking members of terrorist

16 organizations have been naturalized as United

17 States citizens because denial of such natu18 ralizations would have necessitated public dis19 closure of highly classified sources and methods.

20 (2) The purpose of this section is to provide

21 procedures which, consistent with principles of fun22 damental fairness, will allow the government to de23 port alien terrorists promptly without compromising

24 intelligence sources and methods.
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1 (b) ALIEN REMOVAL PROCEDURES.—The Immigra2 tion and Nationality Act is amended—

3 (1) by adding at the end of the table of con4 tents the following:

‘‘TITLE V—ALIEN TERRORIST REMOVAL PROCEDURES

‘‘Sec. 501. Applicability.

‘‘Sec. 502. Special removal hearing.

‘‘Sec. 503. Designation of judges.

‘‘Sec. 504. Miscellaneous provisions.’’;

5 and

6 (2) by adding at the end the following new title:

7 ‘‘TITLE V—ALIEN TERRORIST REMOVAL

8 PROCEDURES

9 ‘‘APPLICABILITY

10 ‘‘SEC. 501. (a) The provisions of this title may be

11 followed in the discretion of the Department of Justice

12 whenever the Department of Justice has classified infor13 mation that an alien described in paragraph 4(B) of sec14 tion 241(a), as amended, is subject to deportation because

15 of such section. For purposes of this title, the terms ‘clas16 sified information’ and ‘national security’ shall have the

17 meaning prescribed in section 1 of the Classified Informa18 tion Procedures Act, 18 U.S.C. App. III 1.

19 ‘‘(b) Whenever an official of the Department of Jus20 tice files, under section 502, an application with the court

21 established under section 503 for authorization to seek re22 moval pursuant to the provisions of this title, the alien’s
36

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1 rights regarding removal and expulsion shall be governed

2 solely by the provisions of this title. Except as they are

3 specifically referenced, no other provisions of the Immigra4 tion and Nationality Act shall be applicable. An alien sub5 ject to removal under these provisions shall have no right

6 of discovery of information derived from electronic surveil7 lance authorized under the Foreign Intelligence Surveil8 lance Act (50 U.S.C. 1801 et seq.) or otherwise for na9 tional security purposes. Nor shall such alien have the

10 right to seek suppression of evidence. Further, the govern11 ment is authorized to use, in the removal proceedings, the

12 fruits of electronic surveillance and/or unconsented phys13 ical searches authorized under the Foreign Intelligence

14 Surveillance Act without regard to subsections 106(c), (e),

15 (f), (g), and (h) of that Act. The provisions and require16 ments of section 3504 of title 18, United States Code,

17 shall not apply to procedures under this title.

18 ‘‘(c) This title is enacted in response to findings of

19 Congress that aliens described in paragraph 4(B) of sec20 tion 241(a), as amended, represent a unique threat to the

21 security of the United States. It is the intention of Con22 gress that such aliens be promptly removed from the

23 United States following—

24 ‘‘(1) a judicial determination of probable cause

25 to believe that such person is such an alien; and
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1 ‘‘(2) a judicial determination pursuant to the

2 provisions of this title that an alien is removable on

3 the grounds that he or she is an alien described in

4 paragraph 4(B) of section 241(a), as amended.

5 The Congress furthers intends that, other than as pro6 vided by this title, such aliens shall not be given a deporta7 tion hearing and are ineligible for any discretionary relief

8 from deportation or for relief under section 243(h).

9 ‘‘SPECIAL REMOVAL HEARING

10 ‘‘SEC. 502. (a) Whenever removal of an alien is

11 sought pursuant to the provisions of this title, a written

12 application upon oath or affirmation shall be submitted

13 in camera and ex parte to the court established under sec14 tion 503 for an order authorizing such a procedure. Each

15 application shall require the approval of the Attorney Gen16 eral or the Deputy Attorney General based upon his find17 ing that it satisfies the criteria and requirements of such

18 application as set forth in this title. Each application shall

19 include—

20 ‘‘(1) the identity of the Department of Justice

21 attorney making the application;

22 ‘‘(2) the approval of the Attorney General or

23 the Deputy Attorney General for the making of the

24 application;
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1 ‘‘(3) the identity of the alien for whom author2 ization for the special removal procedure is sought;

3 and

4 ‘‘(4) a statement of the facts and circumstances

5 relied on by the Department of Justice to establish

6 that—

7 ‘‘(A) the alien is an alien as described in

8 paragraph 4(B) of section 214(a), as amended,

9 and is physically present in the United States;

10 and

11 ‘‘(B) with respect to such alien, adherence

12 to the provisions of title II regarding the depor13 tation of aliens would pose a risk to the na14 tional security of the United States.

15 ‘‘(b)(1) The application shall be filed under seal with

16 the court established under section 503. The Attorney

17 General may take into custody any alien with respect to

18 whom such an application has been filed and, notwith19 standing any other provision of law, may retain such an

20 alien in custody in accordance with the procedures author21 ized by this title.

22 ‘‘(2) An alien lawfully admitted for permanent resi23 dence (hereafter referred to as resident alien) shall be enti24 tled to a release hearing before the judge assigned to the

25 special removal case pursuant to section 503(a). The resi-
39

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1 dent alien shall be granted release pending the special re2 moval hearing, upon such terms and conditions prescribed

3 by the court (including the posting of any monetary

4 amount), if the alien demonstrates to the court that the

5 alien, if released, is not likely to flee and that the alien’s

6 release will not endanger national security or the safety

7 of any person or the community. The judge may consider

8 classified information submitted in camera and ex parte

9 in making his determination.

10 ‘‘(c) In accordance with the rules of the court estab11 lished under section 503, the judge shall consider the ap12 plication and may consider other information, including

13 classified information, presented under oath or affirmation

14 at an in camera and ex parte hearing on the application.

15 A verbatim record shall be maintained of such a hearing.

16 The application and any other evidence shall be considered

17 by a single judge of that court who shall enter an ex parte

18 order as requested if he finds, on the basis of the facts

19 submitted in the application and any other information

20 provided by the Department of Justice at the in camera

21 and ex parte hearing, there is probable cause to believe

22 that—

23 ‘‘(1) the alien who is the subject of the applica24 tion has been correctly identified and is an alien as
40

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1 described in paragraph 4(B) of section 241(a), as

2 amended; and

3 ‘‘(2) adherence to the provisions of title II re4 garding the deportation of the identified alien would

5 pose a risk to the national security of the United

6 States.

7 ‘‘(d)(1) In any case in which the application for the

8 order is denied, the judge shall prepare a written state9 ment of his reasons for the denial and the Department

10 of Justice may seek a review of the denial by the United

11 States Court of Appeals for the District of Columbia Cir12 cuit by notice of appeal which must be filed within twenty

13 days. In such a case the entire record of the proceeding

14 shall be transmitted to the Court of Appeals under seal

15 and the Court of Appeals shall hear the matter ex parte.

16 ‘‘(2) If the Department of Justice does not seek re17 view, the alien shall be released from custody, unless such

18 alien may be arrested and taken into custody pursuant

19 to title II as an alien subject to deportation, in which case

20 such alien shall be treated in accordance with the provi21 sions of this Act concerning the deportation of aliens.

22 ‘‘(3) If the application for the order is denied because

23 the judge has not found probable cause to believe that the

24 alien who is the subject of the application has been cor25 rectly identified or is an alien as described in paragraph
41

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1 4(B) of section 241(a), as amended, and the Department

2 of Justice seeks review, the alien shall be released from

3 custody unless such alien may be arrested and taken into

4 custody pursuant to title II as an alien subject to deporta5 tion, in which case such alien shall be treated in accord6 ance with the provisions of this Act concerning the depor7 tation of aliens simultaneously with the application of this

8 title.

9 ‘‘(4) If the application for the order is denied be10 cause, although the judge found probable cause to believe

11 that the alien who is the subject of the application has

12 been correctly identified and is an alien as described in

13 paragraph 4(B) of section 241(a), as amended, the judge

14 has found that there is not probable cause to believe that

15 adherence to the provisions of title II regarding the depor16 tation of the identified alien would pose a risk to the na17 tional security of the United States, the judge shall release

18 the alien from custody subject to the least restrictive con19 dition or combination of conditions of release described in

20 section 3142(b) and (c)(1)(B) (i) through (xiv) of title 18,

21 United States Code, that will reasonably assure the ap22 pearance of the alien at any future proceeding pursuant

23 to this title and will not endanger the safety of any other

24 person or the Community; but if the judge finds no such

25 condition or combination of conditions the alien shall re-
42

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1 main in custody until the completion of any appeal author2 ized by this title. The provisions of sections 3145 through

3 3148 of title 18, United States Code, pertaining to review

4 and appeal of a release or detention order, penalties for

5 failure to appear, penalties for an offense committed while

6 on release, and sanctions for violation of a release condi7 tion shall apply to an alien to whom the previous sentence

8 applies and—

9 ‘‘(A) for purposes of section 3145 of such title

10 an appeal shall be taken to the United States Court

11 of Appeals for the District of Columbia Circuit; and

12 ‘‘(B) for purposes of section 3146 of such title

13 the alien shall be considered released in connection

14 with a charge of an offense punishable by life im15 prisonment.

16 ‘‘(e)(1) In any case in which the application for the

17 order authorizing the special procedures of this title is ap18 proved, the judge who granted the order shall consider

19 each item of classified information the Department of Jus20 tice proposes to introduce in camera and ex parte at the

21 special removal hearing and shall order the introduction

22 of such information pursuant to subsection (j) if he deter23 mines the information to be relevant. The Department of

24 Justice shall prepare a written summary of such classified

25 information which does not pose a risk to national security
43

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1 and the judge shall approve the summary if he finds the

2 summary is sufficient to inform the alien of the general

3 nature of the evidence that he is an alien as described in

4 paragraph 4(B) of section 241(a), as amended, and to per5 mit the alien to prepare a defense. The Department of

6 Justice shall cause to be delivered to the alien a copy of

7 the summary.

8 ‘‘(2) If the written summary is not approved by the

9 court, the Department shall be afforded reasonable oppor10 tunity to correct the deficiencies identified by the court

11 and submit a revised summary. Thereafter, if the written

12 summary is not approved by the court, the special removal

13 hearing shall be terminated unless the court issues a find14 ing that—

15 ‘‘(A) the continued presence of the alien in the

16 United States, or

17 ‘‘(B) the provision of the required summary

18 would likely cause serious and irreparable harm to

19 the national security or death or serious bodily in20 jury to any person. If such finding is issued, the spe21 cial removal hearing shall continue, the Department

22 of Justice shall cause to be delivered to the alien a

23 statement that no summary is possible, and the clas24 sified information submitted in camera and ex parte

25 may be used pursuant to subsection (j).
44

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1 ‘‘(3) The Department of Justice may take an inter2 locutory appeal to the United States Court of Appeals for

3 the District of Columbia Circuit of—

4 ‘‘(A) any determination by the judge pursuant

5 to paragraph (1)—

6 ‘‘(I) concerning whether an item of evi7 dence may be introduced in camera and ex

8 parte; or

9 ‘‘(II) concerning the contents of any sum10 mary of evidence to be introduced in camera

11 and ex parte prepared pursuant to paragraph

12 (1); or

13 ‘‘(B) the refusal of the court to make the find14 ing permitted by paragraph (2);

15 In any interlocutory appeal taken pursuant to this para16 graph, the entire record, including any proposed order of

17 the judge or summary of evidence, shall be transmitted

18 to the Court of Appeals under seal and the matter shall

19 be heard ex parte. The Court of Appeals shall consider

20 the appeal as expeditiously as possible.

21 ‘‘(f) In any case in which the application for the order

22 is approved, the special removal hearing authorized by this

23 section shall be conducted for the purpose of determining

24 if the alien to whom the order pertains should be removed

25 from the United States on the grounds that he is an alien
45

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1 as described in paragraph 4(B) of section 241(a), as

2 amended. In accordance with subsection (e), the alien shall

3 be given reasonable notice of the nature of the charges

4 against him and a general account of the basis for the

5 charges. The alien shall be given notice, reasonable under

6 all the circumstances, of the time and place at which the

7 hearing will be held. The hearing shall be held as expedi8 tiously as possible.

9 ‘‘(g) The special removal hearing shall be held before

10 the same judge who granted the order pursuant to sub11 section (e) unless that judge is deemed unavailable due

12 to illness or disability by the chief judge of the court estab13 lished pursuant to section 503, or has died, in which case

14 the chief judge shall assign another judge to conduct the

15 special removal hearing. A decision by the chief judge pur16 suant to the preceding sentence shall not be subject to

17 review by either the alien or the Department of Justice.

18 ‘‘(h) The special removal hearing shall be open to the

19 public. The alien shall have a right to be present at such

20 hearing and to be represented by counsel. Any alien finan21 cially unable to obtain counsel shall be entitled to have

22 counsel assigned to represent him. Such counsel shall be

23 appointed by the judge pursuant to the plan for furnishing

24 representation for any person financially unable to obtain

25 adequate representation for the district in which the hear-
46

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1 ing is conducted, as provided for in section 3006A of title

2 18, United States Code. All provisions of that section shall

3 apply and, for purposes of determining the maximum

4 amount of compensation, the matter shall be treated as

5 if a felony was charged. The alien may be called as a wit6 ness by the Department of Justice. The alien shall have

7 a right to introduce evidence on his own behalf. Except

8 as provided in subsection (j), the alien shall have a reason9 able opportunity to examine the evidence against him and

10 to cross-examine any witness. A verbatim record of the

11 proceedings and of all testimony and evidence offered or

12 produced at such a hearing shall be kept. The decision

13 of the judge shall be based only on the evidence introduced

14 at the hearing, including evidence introduced under sub15 section (j).

16 ‘‘(i) At any time prior to the conclusion of the special

17 removal hearing, either the alien or the Department of

18 Justice may request the judge to issue a subpoena for the

19 presence of a named witness (which subpoena may also

20 command the person to whom it is directed to produce

21 books, papers, documents, or other objects designated

22 therein) upon a satisfactory showing that the presence of

23 the witness is necessary for the determination of any ma24 terial matter. Such a request may be made ex parte except

25 that the judge shall inform the Department of Justice of
47

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1 any request for a subpoena by the alien for a witness or

2 material if compliance with such a subpoena would reveal

3 evidence or the source of evidence which has been intro4 duced, or which the Department of Justice has received

5 permission to introduce, in camera and ex parte pursuant

6 to subsection (j), and the Department of Justice shall be

7 given a reasonable opportunity to oppose the issuance of

8 such a subpoena. If an application for a subpoena by the

9 alien also makes a showing that the alien is financially

10 unable to pay for the attendance of a witness so requested,

11 the court may order the costs incurred by the process and

12 the fees of the witness so subpoenaed to be paid for from

13 funds appropriated for the enforcement of title II. A sub14 poena under this subsection may be served anywhere in

15 the United States. A witness subpoenaed under this sub16 section shall receive the same fees and expenses as a wit17 ness subpoenaed in connection with a civil proceeding in

18 a court of the United States. Nothing in this subsection

19 is intended to allow an alien to have access to classified

20 information.

21 ‘‘(j) When classified information has been summa22 rized pursuant to subsection (e)(1) or where a finding has

23 been made under subsection (e)(2) that no summary is

24 possible, classified information shall be introduced (either

25 in writing or through testimony) in camera and ex parte
48

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1 and neither the alien nor the public shall be informed of

2 such evidence or its sources other than through reference

3 to the summary provided pursuant to subsection (e)(1).

4 Notwithstanding the previous sentence, the Department of

5 Justice may, in its discretion and, in the case of classified

6 information, after coordination with the originating agen7 cy, elect to introduce such evidence in open session.

8 ‘‘(k) Evidence introduced at the special removal hear9 ing, either in open session or in camera and ex parte, may,

10 in the discretion of the Department of Justice, include all

11 or part of the information presented under subsections (a)

12 through (c) used to obtain the order for the hearing under

13 this section.

14 ‘‘(l) Following the receipt of evidence, the attorneys

15 for the Department of Justice and for the alien shall be

16 given fair opportunity to present argument as to whether

17 the evidence is sufficient to justify the removal of the

18 alien. The attorney for the Department of Justice shall

19 open the argument. the attorney for the alien shall be per20 mitted to reply. The attorney for the Department of Jus21 tice shall then be permitted to reply in rebuttal. The judge

22 may allow any part of the argument that refers to evidence

23 received in camera and ex parte to be heard in camera

24 and ex parte.
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1 ‘‘(m) The Department of Justice has the burden of

2 showing by clear and convincing evidence that the alien

3 is subject to removal because he is an alien as described

4 in paragraph 4(B) of subsection 241(a) of this Act (8

5 U.S.C. 1251(a)(4)(B)), as amended. If the judge finds

6 that the Department of Justice has met this burden, the

7 judge shall order the alien removed and, if the alien is

8 a resident alien who was released pending the special re9 moval hearing, order the Attorney General to take the

10 alien into custody.

11 ‘‘(n)(1) At the time of rendering a decision as to

12 whether the alien shall be removed, the judge shall prepare

13 a written order containing a statement of facts found and

14 conclusions of law. Any portion of the order that would

15 reveal the substance or source of information received in

16 camera and ex parte pursuant to subsection (j) shall not

17 be made available to the alien or the public.

18 ‘‘(2) The decision of the judge may be appealed by

19 either the alien or the Department of Justice to the United

20 States Court of Appeals for the District of Columbia Cir21 cuit by notice of appeal which must be filed within twenty

22 days, during which time such order shall not be executed.

23 In any case appealed pursuant to this subsection, the en24 tire record shall be transmitted to the Court of Appeals

25 and information received pursuant to subsection (j), and
50

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1 any portion of the judge’s order that would reveal the sub2 stance or source of such information shall be transmitted

3 under seal. The Court of Appeals shall consider the case

4 as expeditiously as possible.

5 ‘‘(3) In an appeal to the Court of Appeals pursuant

6 to either subsection (d) or (e) of this section, the Court

7 of Appeals shall review questions of law de novo, but a

8 prior finding on any question of fact shall not be set aside

9 unless such finding was clearly erroneous.

10 ‘‘(o) If the judge decides pursuant to subsection (n)

11 that the alien should not be removed, the alien shall be

12 released from custody unless such alien may be arrested

13 and taken into custody pursuant to title II of this Act

14 as an alien subject to deportation, in which case, for pur15 poses of detention, such alien may be treated in accord16 ance with the provisions of this Act concerning the depor17 tation of aliens.

18 ‘‘(p) Following a decision by the Court of Appeals

19 pursuant to either subsection (d) or (n), either the alien

20 or the Department of Justice may petition the Supreme

21 Court for a writ of certiorari. In any such case, any infor22 mation transmitted to the Court of Appeals under seal

23 shall, if such information is also submitted to the Supreme

24 Court, be transmitted under seal. Any order of removal

25 shall not be stayed pending disposition of a writ of certio-
51

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1 rari except as provided by the Court of Appeals or a Jus2 tice of the Supreme Court.

3 ‘‘(q) The Department of Justice retains the right to

4 dismiss a removal action at any stage of the proceeding.

5 ‘‘(r) Nothing in this section shall prevent the United

6 States from seeking protective orders and/or asserting

7 privileges ordinarily available to the United States to pro8 tect against the disclosure of classified information, in9 cluding the invocation of the military and state secrets

10 privileges.

11 ‘‘DESIGNATION OF JUDGES

12 ‘‘SEC. 503. (a) The Chief Justice of the United

13 States shall publicly designate five district court judges

14 from five of the United States judicial circuits who shall

15 constitute a court which shall have jurisdiction to conduct

16 all matters and proceedings authorized by section 502.

17 The Chief Justice shall publicly designate one of the

18 judges so appointed as the chief judge. The chief judge

19 shall promulgate rules to facilitate the functioning of the

20 court and shall be responsible for assigning the consider21 ation of cases to the various judges.

22 ‘‘(b) Proceedings under section 502 shall be con23 ducted as expeditiously as possible. The Chief Justice, in

24 consultation with the Attorney General, the Director of

25 Central Intelligence and other appropriate Federal offi-
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1 cials, shall, consistent with the objectives of this title, pro2 vide for the maintenance of appropriate security measures

3 for applications for ex parte orders to conduct the special

4 removal hearings authorized by section 502, the orders

5 themselves, and evidence received in camera and ex parte,

6 and for such other actions as are necessary to protect in7 formation concerning matters before the court from harm8 ing the national security of the United States.

9 ‘‘(c) Each judge designated under this section shall

10 serve for a term of five years and shall be eligible for re11 designation, except that the four associate judges first des12 ignated under subsection (a) shall be designated for terms

13 of from one to four years so that the term of one judge

14 shall expire each year.

15 ‘‘MISCELLANEOUS PROVISIONS

16 ‘‘SEC. 504. (a)(1) Following a determination pursu17 ant to this title that an alien shall be removed, and after

18 the conclusion of any judicial review thereof, the Attorney

19 General may retain the alien in custody or, if the alien

20 was released pursuant to subsection 502(o), may return

21 the alien to custody, and shall cause the alien to be trans22 ported to any country which the alien shall designate pro23 vided such designation does not, in the judgment of the

24 Attorney General, in consultation with the Secretary of

25 State, impair the obligation of the United States under
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1 any treaty (including a treaty pertaining to extradition)

2 or otherwise adversely affect the foreign policy of the

3 United States.

4 ‘‘(2) If the alien refuses to choose a country to which

5 he wishes to be transported, or if the Attorney General,

6 in consultation with the Secretary of State, determines

7 that removal of the alien to the country so selected would

8 impair a treaty obligation or adversely affect United

9 States foreign policy, the Attorney General shall cause the

10 alien to be transported to any country willing to receive

11 such alien.

12 ‘‘(3) Before an alien is transported out of the United

13 States pursuant to paragraph (1) or (2) or pursuant to

14 an order of exclusion because such alien is excludable

15 under paragraph 212(a)(3)(B) of this Act (8 U.S.C.

16 1182(a)(3)(B)), as amended, he shall be photographed

17 and fingerprinted, and shall be advised of the provisions

18 of subsection 276(b) of this Act (8 U.S.C. 1326(b)).

19 ‘‘(4) If no country is willing to receive such an alien,

20 the Attorney General may, notwithstanding any other pro21 vision of law, retain the alien in custody. The Attorney

22 General, in coordination with the Secretary of State, shall

23 make periodic efforts to reach agreement with other coun24 tries to accept such an alien and at least every six months

25 shall provide to the alien a written report on his efforts.
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1 Any alien in custody pursuant to this subsection shall be

2 released from custody solely at the discretion of the Attor3 ney General and subject to such conditions as the Attorney

4 General shall deem appropriate. The determinations and

5 actions of the Attorney General pursuant to this sub6 section shall not be subject to judicial review, including

7 application for a writ of habeas corpus, except for a claim

8 by the alien that continued detention violates his rights

9 under the Constitution. Jurisdiction over any such chal10 lenge shall lie exclusively in the United States Court of

11 Appeals for the District of Columbia Circuit.

12 ‘‘(b)(1) Notwithstanding the provisions of subsection

13 (a), the Attorney General may hold in abeyance the re14 moval of an alien who has been ordered removed pursuant

15 to this title to allow the trial of such alien on any Federal

16 or State criminal charge and the service of any sentence

17 of confinement resulting from such a trial.

18 ‘‘(2) Pending the commencement of any service of a

19 sentence of confinement by an alien described in para20 graph (1), such an alien shall remain in the custody of

21 the Attorney General, unless the Attorney General deter22 mines that temporary release of the alien to the custody

23 of State authorities for confinement in a State facility is

24 appropriate and would not endanger national security or

25 public safety.
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1 ‘‘(3) Following the completion of a sentence of con2 finement by an alien described in paragraph (1) or follow3 ing the completion of State criminal proceedings which do

4 not result in a sentence of confinement of an alien released

5 to the custody of State authorities pursuant to paragraph

6 (2), such an alien shall be returned to the custody of the

7 Attorney General who shall proceed to carry out the provi8 sions of subsection (a) concerning removal of the alien.

9 ‘‘(c) For purposes of section 751 and 752 of title 18,

10 United States Code, an alien in the custody of the Attor11 ney General pursuant to this title shall be subject to the

12 penalties provided by those sections in relation to a person

13 committed to the custody of the Attorney General by vir14 tue of an arrest on a charge of felony.

15 ‘‘(d)(1) An alien in the custody of the Attorney Gen16 eral pursuant to this title shall be given reasonable oppor17 tunity to communicate with and receive visits from mem18 bers of his family, and to contact, retain, and commu19 nicate with an attorney.

20 ‘‘(2) An alien in the custody of the Attorney General

21 pursuant to this title shall have the right to contact an

22 appropriate diplomatic or consular official of the alien’s

23 country of citizenship or nationality or of any country pro24 viding representation services therefor. The Attorney Gen-
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1 eral shall notify the appropriate embassy, mission, or con2 sular office of the alien’s detention.’’.

3 (c) ADDITIONAL AMENDMENTS TO INA.—(1) Sub4 section 106(b) of the Immigration and Nationality Act (8

5 U.S.C. 1105a(b)) is amended by adding at the end thereof

6 the following sentence: ‘‘Jurisdiction to review an order

7 entered pursuant to the provisions of section 235(c) of this

8 Act concerning an alien excludable under paragraph 3(B)

9 of subsection 212(a) (8 U.S.C. 1182(a)), as amended,

10 shall rest exclusively in the United States Court of Appeals

11 for the District of Columbia Circuit.’’.

12 (2) Section 276(b) of the Immigration and National13 ity Act (8 U.S.C. 1326(b)) is amended by deleting the

14 word ‘‘or’’ at the end of subparagraph (b)(1), by replacing

15 the period at the end of subparagraph (b)(2) with a semi16 colon followed by the word ‘‘or’’, and by adding at the

17 end of paragraph (b) the following subparagraph:

18 ‘‘(3) who has been excluded from the United

19 States pursuant to subsection 235(c) of this Act (8

20 U.S.C. 1225(c)) because such alien was excludable

21 under paragraph 3(B) of subsection 212(a) thereof

22 (8 U.S.C. 1182(a)(2)(B)), as amended, or who has

23 been removed from the United States pursuant to

24 the provisions of title V of the Immigration and Na25 tionality Act, and who thereafter, without the per-
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1 mission of the Attorney General, enters the United

2 States or attempts to do so shall be fined under title

3 18, United States Code, and imprisoned for a period

4 of ten years which sentence shall not run concur5 rently with any other sentence.’’

6 (3) Section 106(a) of the Immigration and National7 ity Act (8 U.S.C. 1105a(a)) is amended by striking from

8 the end of subparagraph 9 the semicolon and the word

9 ‘‘and’’ and inserting a period in lieu thereof, and by strik10 ing subparagraph 10.

11 (d) EFFECTIVE DATE.—The provisions of this Act

12 shall be effective upon enactment, and shall apply to all

13 aliens without regard to the date of entry or attempted

14 entry into the United States.

15 SEC. 202. CHANGES TO THE IMMIGRATION AND NATIONAL16 ITY ACT TO FACILITATE REMOVAL OF ALIEN

17 TERRORISTS.

18 (a) Section 212(a)(3)(B) of the Immigration and Na19 tionality Act (8 U.S.C. 1182(a)(3)(B)) is amended to read

20 as follows:

21 ‘‘(B) TERRORISM ACTIVITIES.—

22 ‘‘(i) IN GENERAL.—Any alien who—

23 ‘‘(I) has engaged in a terrorism

24 activity, or
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1 ‘‘(II) a consular officer or the At2 torney General knows, or has reason

3 to believe, is likely to engage after

4 entry in any terrorism activity (as de5 fined in clause (iii)),

6 is excludable. An alien who is a representa7 tive of the Palestine Liberation Organiza8 tion, or any terrorist organization des9 ignated by proclamation by the President

10 after he has found such organization to be

11 detrimental to the interest of the United

12 States, is considered, for purposes of this

13 Act, to be engaged in a terrorism activity.

14 As used in clause (B)(i), the term ‘‘rep15 resentative’’ includes an officer, official, or

16 spokesman of the organization and any

17 person who directs, counsels, commands or

18 induces such organization or its members

19 to engage in terrorism activity. For pur20 poses of subparagraph (3)(B)(i), the deter21 mination by the Secretary of State or the

22 Attorney General that an alien is a rep23 resentative of the organization shall be

24 controlling and shall not be subject to re25 view by any court.
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1 ‘‘(ii) TERRORISM ACTIVITY DE2 FINED.—As used in this Act, the term

3 ‘‘terrorism activity’ means any activity

4 which is unlawful under the laws of the

5 place where it is committed (or which, if it

6 had been committed in the United States,

7 would be unlawful under the laws of the

8 United States or any State), and which in9 volves any of the following:

10 ‘‘(I) The hijacking or sabotage of

11 any conveyance (including an aircraft,

12 vessel, or vehicle).

13 ‘‘(II) The seizing or detaining,

14 and threatening to kill, injure, or con15 tinue to detain, another individual in

16 order to compel a third person (in17 cluding a governmental organization)

18 to do or abstain from doing any act as

19 an explicit or implicit condition for

20 the release of the individual seized or

21 detained.

22 ‘‘(III) A violent attack upon an

23 internationally protected person (as

24 defined in section 1116(b)(4) of title
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1 18, United States Code) or upon the

2 liberty of such a person.

3 ‘‘(IV) An assassination.

4 ‘‘(V) The use of any—

5 ‘‘(aa) biological agent, chem6 ical agent, or nuclear weapon or

7 device, or

8 ‘‘(bb) explosive, firearm, or

9 other weapon (other than for

10 mere personal monetary gain),

11 with intent to endanger, directly, or

12 indirectly, the safety of one or more

13 individuals or to cause substantial

14 damage to property.

15 ‘‘(VI) A threat, attempt, or con16 spiracy to do any of the foregoing.

17 ‘‘(iii) ENGAGE IN TERRORISM ACTIV18 ITY DEFINED.—As used in this Act, the

19 term ‘engage in terrorism activity’ means

20 to commit, in an individual capacity or as

21 a member of an organization, an act of ter22 rorism activity or an act which the actor

23 knows, or reasonably should know, affords

24 material support to any individual, organi25 zation, or government which the actor
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1 knows or reasonably should know has com2 mitted or plans to commit terrorism activ3 ity, including any of the following acts:

4 ‘‘(I) The preparation or planning

5 of terrorism activity.

6 ‘‘(II) The gathering of informa7 tion on potential targets for terrorism

8 activity.

9 ‘‘(III) The providing of any type

10 of material support, including a safe

11 house, transportation, communica12 tions, funds, false documentation or

13 identification, weapons, explosives, or

14 training.

15 ‘‘(IV) The soliciting of funds or

16 other things of value for terrorism ac17 tivity or for any terrorist organization.

18 ‘‘(V) The solicitation of any indi19 vidual for membership in a terrorist

20 organization, terrorist government, or

21 to engage in a terrorism activity.

22 ‘‘(iv) TERRORIST ORGANIZATION DE23 FINED.—As used in this Act, the term ‘ter24 rorist organization’ means any organiza25 tion engaged, or which has a significant
62

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1 subgroup which engages, in terrorism ac2 tivity, regardless of any legitimate activi3 ties conducted by the organization or its

4 subgroups.

5 ‘‘(v) TERRORISM DEFINED.—As used

6 in this Act, the term ‘terrorism’ means

7 premeditated, politically motivated violence

8 perpetrated against noncombatant tar9 gets.’’.

10 (b) Section 241(a)(4)(B) of the Immigration and Na11 tionality Act (8 U.S.C. 1251(a)(4)(B)) is amended to read

12 as follows:

13 ‘‘(B) TERRORISM ACTIVITIES.—Any alien who

14 has engaged, is engaged, or at any time after entry

15 engages in any terrorism activity (as defined in sec16 tion 212(a)(3)(B)).’’.

17 (c) Section 291 of the Immigration and Nationality

18 Act (8 U.S.C. 1361) is amended by adding after ‘‘custody

19 of the Service.’’ this new sentence: ‘‘The limited produc20 tion authorized by this provision shall not extend to the

21 records of any other agency or department of the Govern22 ment or to any documents that do not pertain to the re23 spondent’s entry.’’.

24 (d) Section 242(b)(3) of the Immigration and Nation25 ality Act (8 U.S.C. 1252(b)(3)) is amended by inserting
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1 after ‘‘Government’’ the following: ‘‘. In the case of an

2 alien who is not lawfully admitted for permanent residence

3 and notwithstanding the provisions of any other law, rea4 sonable opportunity shall not comprehend access to classi5 fied information, whether or not introduced in evidence

6 against him. The provisions and requirements of 18

7 U.S.C. 3504 and 50 U.S.C. 1801 et seq. shall not apply

8 in such cases.’’

9 SEC. 203. ACCESS TO CERTAIN CONFIDENTIAL INS FILES

10 THROUGH COURT ORDER.

11 (a) Section 245A(c)(5) of the Immigration and Na12 tionality Act (8 U.S.C. 1255a(c)(5)) is amended by—

13 (1) inserting ‘‘(i)’’ after ‘‘except the Attorney

14 General’’; and

15 (2) inserting after ‘‘Title 13’’ the following:

16 ‘‘and

17 ‘‘(ii) may authorize an application to

18 a Federal court of competent jurisdiction

19 for, and a judge of such court may grant,

20 an order authorizing disclosure of informa21 tion contained in the application of the

22 alien to be used:

23 ‘‘(I) for identification of the alien

24 when there is reason to believe that
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1 the alien has been killed or severely

2 incapacitated; or

3 ‘‘(II) for criminal law enforce4 ment purposes against the alien whose

5 application is to be disclosed if the al6 leged criminal activity occurred after

7 the legalization application was filed

8 and such activity poses either an im9 mediate risk to life or to national se10 curity or would be prosecutable as an

11 aggravated felony, but without regard

12 to the length of sentence that could be

13 imposed on the applicant.’’.

14 (b)(1) Section 210(b)(5) of the Immigration and Na15 tionality Act (8 U.S.C. 1160(b)(5)) is amended by insert16 ing ‘‘, except as allowed by a court order issued pursuant

17 to paragraph (6) of this subsection’’ after ‘‘consent of the

18 alien’’.

19 (2) Section 210(b)(6) of the Immigration and Nation20 ality Act (8 U.S.C. 1160 (b)(6)) is amended by inserting

21 the following sentence before ‘‘Anyone who uses’’: ‘‘Except

22 the Attorney General may authorize an application to a

23 Federal court of competent jurisdiction for, and a judge

24 of such court may grant an order authorizing disclosure
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1 of information contained in the application of the alien

2 to be used:

3 ‘‘(E) for identification of the alien when

4 there is reason to believe that the alien has

5 been killed or severely incapacitated; or

6 ‘‘(F) for criminal law enforcement pur7 poses against the alien whose application is to

8 be disclosed if the alleged criminal activity oc9 curred after the special agricultural worker ap10 plication was filed and such activity poses either

11 an immediate risk to life or to national security

12 or would be prosecutable as an aggravated fel13 ony, but without regard to the length of sen14 tence that could be imposed on the applicant.’’.

15 TITLE III—CONTROLS OVER TERRORIST

16 FUND-RAISING

17 SEC. 301. TERRORIST FUND-RAISING PROHIBITED.

18 (a) Chapter 113B of title 18, United States Code,

19 is amended by adding at the end thereof the following new

20 section:

21 ‘‘§ 2339B. Fund-raising for terrorist organizations

22 ‘‘(a) FINDINGS AND PURPOSE.—

23 ‘‘(1) The Congress hereby finds that—

24 ‘‘(A) terrorism is a serious and deadly

25 problem which threatens the interests of the
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1 United States both overseas and within our ter2 ritory;

3 ‘‘(B) the Nation’s security interests are

4 gravely impacted by terrorist attacks carried

5 out overseas against United States Government

6 facilities and officials, as well as against other

7 American citizens present in foreign countries;

8 ‘‘(C) United States foreign policy interests

9 are profoundly affected by terrorist acts over10 seas directed against foreign governments and

11 their people;

12 ‘‘(D) United States economic interests are

13 significantly impacted by terrorist attacks car14 ried out in foreign countries against United

15 States citizens and businesses;

16 ‘‘(E) international cooperation is required

17 for an effective response to terrorism, as dem18 onstrated by the numerous multilateral conven19 tions in force providing universal prosecutive ju20 risdiction over persons involved in a variety of

21 terrorist acts, e.g., hostage taking, murder of

22 an internationally protected person, and aircraft

23 piracy and sabotage;

24 ‘‘(F) some foreign terrorist organizations,

25 acting through affiliated groups or individuals,
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1 raise significant funds within the United States

2 or use the United States as a conduit for their

3 receipt of funds raised in other nations; and

4 ‘‘(G) the provision of funds to organiza5 tions that engage in terrorism serves to facili6 tate their terrorist endeavors, regardless of

7 whether the funds, in whole or in part, are in8 tended or claimed to be used for non-violent

9 purposes.

10 ‘‘(2) The purpose of this section is to provide

11 the Federal Government the fullest possible basis,

12 consistent with the Constitution, to prevent persons

13 within the United States or subject to the jurisdic14 tion of the United States from providing funds, di15 rectly or indirectly, to foreign organizations, includ16 ing subordinate or affiliated persons, designated by

17 the President as engaging in terrorism, unless au18 thorized under this section.

19 ‘‘(b) AUTHORITY.—Notwithstanding any other provi20 sion of law, the President is authorized, under such regu21 lations as he may prescribe, to regulate or prohibit—

22 ‘‘(1) fund-raising or the provision of funds for

23 use by or for the benefit of any foreign organization,

24 including persons assisting such organization in

25 fund-raising, that the President has designated pur-
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1 suant to subsection (c) as being engaged in terror2 ism activities, or

3 ‘‘(2) financial transactions with any such for4 eign organization,

5 within the United States or by any person subject to the

6 jurisdiction of the United States anywhere.

7 ‘‘(c) DESIGNATION.—

8 ‘‘(1) Pursuant to the authority granted in sub9 section (b), the President is authorized to designate

10 any foreign organization based on finding that—

11 ‘‘(A) the organization engages in terrorism

12 activity as defined in section 212(a)(3)(B) of

13 the Immigration and Nationality Act (8 U.S.C.

14 1182(a)(3)(B)); and

15 ‘‘(B) the organization’s terrorism activities

16 threaten the national security, foreign policy, or

17 economy of the United States.

18 ‘‘(2) Pursuant to the authority granted in sub19 section (b), the President is also authorized to des20 ignate persons which are raising funds for, or acting

21 for or on behalf of, any organization designated pur22 suant to subsection (c)(1) above.

23 ‘‘(3) If the President finds that the conditions

24 which were the basis for any designation issued

25 under this subsection have changed in such a man-
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1 ner as to warrant revocation of such designation, or

2 that the national security, foreign relations, or eco3 nomic interests of the United States so warrant, he

4 may revoke such designation in whole or in part.

5 ‘‘(4) Any designation, or revocation thereof, is6 sued pursuant to this subsection shall be published

7 in the Federal Register and shall become effective

8 immediately on publication.

9 ‘‘(5) Any revocation of a designation shall not

10 affect any action or proceeding based on any con11 duct committed prior to the effective date of such

12 revocation.

13 ‘‘(6) Any finding made in any designation is14 sued pursuant to paragraph (1) of this subsection

15 that a foreign organization engages in terrorism ac16 tivity shall be conclusive. No question concerning the

17 validity of the issuance of such designation may be

18 raised by a defendant in a criminal prosecution as

19 a defense in or as an objection to any trial or hear20 ing if such designation was issued and published in

21 the Federal Register in accordance with this sub22 section.

23 ‘‘(d) PROHIBITED ACTIVITIES.—

24 ‘‘(1) Except as authorized pursuant to the pro25 cedures in subsection (e), it shall be unlawful for
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1 any person within the United States, or any person

2 subject to the jurisdiction of the United States any3 where, to directly or indirectly, raise, receive or col4 lect on behalf of, or furnish, give, transmit, transfer

5 or provide funds to or for an organization or person

6 designated by the President under subsection (c), or

7 to attempt to do any of the foregoing.

8 ‘‘(2) It shall be unlawful for any person within

9 the United States or any person subject to the juris10 diction of the United States anywhere, acting for or

11 on behalf of any organization or person designated

12 under subsection (c), (A) to transmit, transfer, or

13 receive any funds raised in violation of subsection

14 (d)(1), or (B) to transmit, transfer or dispose of any

15 funds in which any organization or person des16 ignated pursuant to subsection (c) has an interest.

17 ‘‘(e) AUTHORIZED TRANSACTIONS.—

18 ‘‘(1) The Secretary shall publish regulations,

19 consistent with the provisions of this subsection, set20 ting forth the procedures to be followed by persons

21 seeking to raise or provide funds for an organization

22 designated under subsection (c)(1).

23 ‘‘(2) Any person within the United States, or

24 any person subject to the jurisdiction of the United

25 States anywhere, who seeks to solicit funds for or to
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1 transfer funds to any organization or person des2 ignated under subsection (c) shall, regardless of

3 whether it has an agency relationship with the des4 ignated organization or person, first obtain a license

5 from the Secretary and may thereafter solicit funds

6 or transfer funds to a designated organization or

7 person only as permitted under the terms of a li8 cense issued by the Secretary.

9 ‘‘(3) The Secretary shall grant a license only

10 after the person establishes to the satisfaction of the

11 Secretary that—

12 ‘‘(A) the funds are intended to be used ex13 clusively for religious, charitable, literary, or

14 educational purposes; and

15 ‘‘(B) all recipient organizations in any

16 fund-raising chain have effective procedures in

17 place to ensure that the funds (i) will be used

18 exclusively for religious, charitable, literary, or

19 educational purposes, and (ii) will not be used

20 to offset a transfer of funds to be used in ter21 rorist activity.

22 ‘‘(4) Any person granted a license shall main23 tain books and records, as required by the Secretary,

24 that establish the source of all funds it receives, ex25 penses it incurs, and disbursements it makes. Such
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1 books and records shall be made available for inspec2 tion within two business days of a request by the

3 Secretary. Any person granted a license shall also

4 have an agreement with any recipient organization

5 or person that such organization’s or person’s books

6 and records, wherever located, must be made avail7 able for inspection of the Secretary upon a request

8 of the Secretary at a place and time agreeable to

9 that organization or person and the Secretary.

10 ‘‘(5) The Secretary may also provide by regula11 tion procedures for the licensing of transactions oth12 erwise prohibited by this section in cases found by

13 the Secretary to be consistent with the statement of

14 purpose in subsection (a)(2).

15 ‘‘(f) SPECIAL REQUIREMENTS FOR FINANCIAL INSTI16 TUTIONS.—

17 ‘‘(1) Except as authorized by the Secretary by

18 means of directives, regulations, or licenses, any fi19 nancial institution which becomes aware that it has

20 possession of or control over any funds in which an

21 organization or person designated under subsection

22 (c) has an interest, shall—

23 ‘‘(A) retain possession of or maintain con24 trol over such funds; and
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1 ‘‘(B) report to the Secretary the existence

2 of such funds in accordance with the regula3 tions prescribed by the Secretary.

4 ‘‘(2) Any financial institution that fails to re5 port to the Secretary the existence of such funds

6 shall be subject to a civil penalty of $250 per day

7 for each day that it fails to report to the Sec8 retary—

9 ‘‘(A) in the case of funds being possessed

10 or controlled at the time of the designation of

11 the organization or person, within ten days

12 after the designation; and

13 ‘‘(B) in the case of funds whose possession

14 of or control over arose after the designation of

15 the organization or person, within ten days

16 after the financial institution obtained posses17 sion of or control over the funds.

18 ‘‘(g) INVESTIGATIONS.—Any investigation emanating

19 from a possible violation of this section, or of any license,

20 order, or regulation issued pursuant to this section, shall

21 be conducted by the Attorney General, except that inves22 tigations relating to (1) a licensee’s compliance with the

23 terms of a license issued by the Secretary pursuant to sub24 section (e) of this section, (2) a financial institution’s com25 pliance with the requirements of subsection (f) of this sec-
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1 tion, and (3) civil penalty proceedings authorized pursuant

2 to subsection (i) of this section, shall be conducted in co3 ordination with the Attorney General by the office within

4 the Department of the Treasury responsible for licensing

5 and civil penalty proceedings authorized by this section.

6 Any evidence of a criminal violation of this section arising

7 in the course of an investigation by the Secretary or any

8 other Federal agency shall be referred immediately to the

9 Attorney General for further investigation. The Attorney

10 General shall timely notify the Secretary of any action

11 taken on referrals from the Secretary, and may refer in12 vestigations to the Secretary for remedial licensing or civil

13 penalty action.

14 ‘‘(h) RECORDKEEPING AND REPORTING; CIVIL PRO15 CEDURES.—

16 ‘‘(1) Notwithstanding any other provision of

17 law, in exercising the authorities granted by this sec18 tion, the Secretary and the Attorney General may

19 require any person to keep a full record of, and to

20 furnish under oath, in the form of reports or other21 wise, complete information relative to any act or

22 transaction referred to in this section either before,

23 during, or after the completion thereof, or relative to

24 any funds referred to in this section, or as may be

25 necessary to enforce the terms of this section. In any
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1 case in which a report by a person could be required

2 under this subsection, the Secretary or the Attorney

3 General may require the production of any books of

4 account, records, contracts, letters, memoranda, or

5 other papers or documents, whether maintained in

6 hard copy or electronically, in the control or custody

7 of such person.

8 ‘‘(2) Compliance with any regulation, instruc9 tion, or direction issued under this section shall to

10 the extent thereof be a full acquittance and dis11 charge for all purposes of the obligation of the per12 son making the same. No person shall be held liable

13 in any court for or with respect to anything done or

14 omitted in good faith in connection with the admin15 istration of, or pursuant to and in reliance on, this

16 section, or any regulation, instruction, or direction

17 issued under this section.

18 ‘‘(3) In carrying out their function under this

19 section, the Secretary and the Attorney General may

20 hold hearings, sign and issue subpoenas, administer

21 oaths, examine witnesses, and receive evidence.

22 ‘‘(4) In the case of contumacy by, or refusal to

23 obey a subpoena issued to, any person, the Attorney

24 General may invoke the aid of any court of the Unit25 ed States within the jurisdiction of which the inves-
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1 tigation is carried on or of which the subpoenaed

2 person is an inhabitant, or in which the subpoenaed

3 person carries on business or may be found, to com4 pel compliance with the subpoena. The court may

5 issue an order requiring the subpoenaed person to

6 appear before the agency issuing the subpoena, or

7 other order or direction, to produce records, if so or8 dered, or to give testimony touching the matter

9 under investigation. Any failure to obey the order of

10 the court may be punished by the court as a con11 tempt thereof. All process in any such case may be

12 served in any judicial district in which such person

13 may be found.

14 ‘‘(i) PENALTIES.—

15 ‘‘(1) Any person who knowingly violates sub16 section (d) shall be fined under this title, or impris17 oned for up to ten years, or both.

18 ‘‘(2)(A) Any person who fails to maintain or to

19 make available to the Secretary upon his request or

20 demand the books or records required by subsection

21 (e), or by regulations promulgated thereunder, shall

22 be subject to a civil penalty of $50,000 or twice the

23 amount of money which would have been docu24 mented had the books and records been properly

25 maintained, whichever is greater.
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1 ‘‘(B) Any person who fails to take the actions

2 required of financial institutions pursuant to sub3 section (f)(1), or by regulations promulgated there4 under, shall be subject to a civil penalty of $50,000

5 per violation, or twice the amount of money of which

6 the financial institution was required to retain pos7 session or control, whichever is greater.

8 ‘‘(C) Except as otherwise specified in this sec9 tion, any person who violates any license, order, di10 rection, or regulation issued pursuant to this section

11 shall be subject to a civil penalty of $50,000 per vio12 lation, or twice the value of the violation, whichever

13 is greater.

14 ‘‘(3) Any person who intentionally fails to main15 tain or to make available to the Secretary the books

16 or records required by subsection (e), or by regula17 tions promulgated thereunder, shall be fined under

18 this title, or imprisoned for up to five years, or both.

19 ‘‘(4) Any organization convicted of an offense

20 under (h) (1) or (3) of this section shall, upon con21 viction, forfeit any charitable designation it might

22 have received under the Internal Revenue Code.

23 ‘‘(j) INJUNCTION.—

24 ‘‘(1) Whenever it appears to the Secretary or

25 the Attorney General that any person is engaged in,
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1 or is about to engage in, any act which constitutes,

2 or would constitute, a violation of this section, the

3 Attorney General may initiate civil action in a dis4 trict court of the United States to enjoin such viola5 tion.

6 ‘‘(2) A proceeding under this subsection is gov7 erned by the Federal Rules of Civil Procedure, ex8 cept that, if an indictment has been returned against

9 the respondent, discovery is governed by the Federal

10 Rules of Criminal Procedure.

11 ‘‘(k) EXTRATERRITORIAL JURISDICTION.—There is

12 extraterritorial Federal jurisdiction over an offense under

13 this section.

14 ‘‘(l) CLASSIFIED INFORMATION IN CIVIL PROCEED15 INGS BROUGHT BY THE UNITED STATES.—

16 ‘‘(1) DISCOVERY OF CLASSIFIED INFORMATION

17 BY DEFENDANTS.—A court, upon a sufficient show18 ing, may authorize the United States to delete speci19 fied items of classified information from documents

20 to be introduced into evidence and/or made available

21 to the defendant through discovery under the Fed22 eral Rules of Civil Procedure, to substitute a sum23 mary of the information for such classified docu24 ments, or to substitute a statement admitting rel25 evant facts that the classified information would
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1 tend to prove. The court shall permit the United

2 States to make a request for such authorization in

3 the form of a written statement to be inspected by

4 the court alone. If the court enters an order grant5 ing relief following such an ex parte showing, the en6 tire text of the statement of the United States shall

7 be sealed and preserved in the records of the court

8 to be made available to the appellate court in the

9 event of an appeal. If the court enters an order de10 nying relief to the United States under this provi11 sion, the United States may take an immediate, in12 terlocutory appeal in accordance with the provisions

13 of paragraph (3) of this subsection. In the event of

14 such an appeal, the entire text of the underlying

15 written statement of the United States, together

16 with any transcripts of arguments made ex parte to

17 the court in connection therewith, shall be main18 tained under seal and delivered to the appellate

19 court.

20 ‘‘(2) INTRODUCTION OF CLASSIFIED INFORMA21 TION; PRECAUTIONS BY COURT.—

22 ‘‘(A) EXHIBITS.—The United States, in

23 order to prevent unnecessary or inadvertent dis24 closure of classified information in a civil trial

25 or other proceeding brought by the United
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1 States under this section, may petition the

2 court ex parte to admit, in lieu of classified

3 writings, recordings or photographs, one or

4 more of the following: (i) copies of those items

5 from which classified information has been de6 leted, (ii) stipulations admitting relevant facts

7 that specific classified information would tend

8 to prove, or (iii) a summary of the specific clas9 sified information. The court shall grant such a

10 motion of the United States if it finds that the

11 redacted item, stipulation, or summary will pro12 vide the defendant with substantially the same

13 ability to make his defense as would disclosure

14 of the specific classified information.

15 ‘‘(B) TAKING OF TRIAL TESTIMONY.—Dur16 ing the examination of a witness in any civil

17 proceeding brought by the United States under

18 this section, the United States may object to

19 any question or line of inquiry that may require

20 the witness to disclose classified information not

21 previously found to be admissible. Following

22 such an objection, the court shall take suitable

23 action to determine whether the response is ad24 missible and, in doing so, shall take precautions

25 to guard against the compromise of any classi-
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1 fied information. Such action may include per2 mitting the United States to provide the court,

3 ex parte, with a proffer of the witness’s re4 sponse to the question or line of inquiry, and

5 requiring the defendant to provide the court

6 with a proffer of the nature of the information

7 he seeks to elicit.

8 ‘‘(C) APPEAL.—If the court enters an

9 order denying relief to the United States under

10 this subsection, the United States may take an

11 immediate interlocutory appeal in accordance

12 with paragraph (3) of this subsection.

13 ‘‘(3) INTERLOCUTORY APPEAL.—

14 ‘‘(A) An interlocutory appeal by the United

15 States shall lie to a court of appeals from a de16 cision or order of a district court authorizing

17 the disclosure of classified information, impos18 ing sanctions for nondisclosure of classified in19 formation, or refusing a protective order sought

20 by the United States to prevent the disclosure

21 of classified information.

22 ‘‘(B) An appeal taken pursuant to this sec23 tion either before or during trial shall be expe24 dited by the court of appeals. Prior to trial, an

25 appeal shall be taken within ten days after the
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1 decision or order appealed from and the trial

2 shall not commence until the appeal is resolved.

3 If an appeal is taken during trial, the trial

4 court shall adjourn the trial until the appeal is

5 resolved and the court of appeals (1) shall hear

6 argument on such appeal within four days of

7 the adjournment of the trial, (2) may dispense

8 with written briefs other than the supporting

9 materials previously submitted to the trial

10 court, (3) shall render its decision within four

11 days of argument on appeal, and (4) may dis12 pense with the issuance of a written opinion in

13 rendering its decision. Such appeal and decision

14 shall not affect the right of the defendant, in a

15 subsequent appeal from a final judgment, to

16 claim as error reversal by the trial court on re17 mand of a ruling appealed from during trial.

18 ‘‘(4) Nothing in this subsection shall prevent

19 the United States from seeking protective orders

20 and/or asserting privileges ordinarily available to the

21 United States to protect against the disclosure of

22 classified information, including the invocation of the

23 military and State secrets privilege.

24 ‘‘(m) DEFINITIONS.—As used in this section, the

25 term—
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1 ‘‘(1) ‘classified information’ means any infor2 mation or material that has been determined by the

3 United States Government pursuant to an Executive

4 order, statute, or regulation, to require protection

5 against unauthorized disclosure for reasons of na6 tional security and any restricted data, as defined in

7 paragraph r. of section 11 of the Atomic Energy Act

8 of 1954 (42 U.S.C. 2014(y));

9 ‘‘(2) ‘financial institution’ has the meaning pre10 scribed in section 5312(a)(2) of title 31, United

11 States Code, including any regulations promulgated

12 thereunder;

13 ‘‘(3) ‘funds’ includes coin or currency of the

14 United States or any other country, traveler’s

15 checks, personal checks, bank checks, money orders,

16 stocks, bonds, debentures, drafts, letters of credit,

17 any other negotiable instrument, and any electronic

18 representation of any of the foregoing;

19 ‘‘(4) ‘national security’ means the national de20 fense and foreign relations of the United States;

21 ‘‘(5) ‘person’ includes an individual, partner22 ship, association, group, corporation, or other orga23 nization;

24 ‘‘(6) ‘Secretary’ means the Secretary of the

25 Treasury; and
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1 ‘‘(7) ‘United States’, when used in a geographi2 cal sense, includes all commonwealths, territories,

3 and possessions of the United States.’’.

4 (b) TECHNICAL AMENDMENT.—The analysis for

5 chapter 113B of title 18, United States Code, is amended

6 by adding at the end thereof the following:

‘‘2339B. Fund-raising for terrorist organizations’’.

7 (c) Section 212(a)(3)(B)(i) of the Immigration and

8 Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)), as amended

9 by section 202(a) of this Act, is further amended by in10 serting after the phrase ‘‘Palestine Liberation Organiza11 tion’’ the following: ‘‘, an organization designated by the

12 President under section 2339B of title 18, United States

13 Code’’.

14 (d) The provisions of section 2339B(k) of title 18,

15 United States Code (relating to classified information in

16 civil proceedings brought by the United States), shall also

17 be applicable to civil proceedings brought by the United

18 States under the International Emergency Economic Pow19 ers Act (50 U.S.C. 1701 et seq.).

20 TITLE IV—CONVENTION ON THE

21 MARKING OF PLASTIC EXPLOSIVES

22 SEC. 401. SHORT TITLE.

23 This title may be cited as the ‘‘Marking of Plastic

24 Explosives for Detection Act.’’.
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1 SEC. 402. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—The Congress finds that—

3 (1) plastic explosives were used by terrorists in

4 the bombings of Pan Am flight 103 in December

5 1988 and UTA flight 772 in September 1989;

6 (2) plastic explosives can be used with little

7 likelihood of detection for acts of unlawful inter8 ference with civil aviation, maritime navigation, and

9 other modes of transportation;

10 (3) the criminal use of plastic explosives places

11 innocent lives in jeopardy, endangers national secu12 rity, affects domestic tranquillity, and gravely affects

13 interstate and foreign commerce;

14 (4) the marking of plastic explosives for the

15 purpose of detection would contribute significantly to

16 the prevention and punishment of such unlawful

17 acts; and

18 (5) for the purpose of deterring and detecting

19 such unlawful acts, the Convention on the Marking

20 of Plastic Explosives for the Purpose of Detection,

21 Done at Montreal on 1 March 1991, requires each

22 contracting State to adopt appropriate measures to

23 ensure that plastic explosives are duly marked and

24 controlled.

25 (b) PURPOSE.—The purpose of this Act is to fully

26 implement the Convention on the Marking of Plastic Ex-
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1 plosives for the Purpose of Detection, Done at Montreal

2 on 1 March 1991.

3 SEC. 403. DEFINITIONS.

4 Section 841 of title 18, United States Code, is

5 amended by adding at the end the following new sub6 sections:

7 ‘‘(o) ‘Convention on the Marking of Plastic Explo8 sives’ means the Convention on the Marking of Plastic Ex9 plosives for the Purpose of Detection, Done at Montreal

10 on 1 March 1991.

11 ‘‘(p) ‘Detection agent’ means any one of the sub12 stances specified in this subsection when introduced into

13 a plastic explosive or formulated in such explosive as a

14 part of the manufacturing process in such a manner as

15 to achieve homogeneous distribution in the finished explo16 sive, including—

17 ‘‘(1) Ethylene glycol dinitrate (EGDN),

18 C2H4(NO3)2, molecular weight 152, when the mini19 mum concentration in the finished explosive is 0.2

20 percent by mass;

21 ‘‘(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),

22 c6H12(NO2)2, molecular weight 176, when the mini23 mum concentration in the finished explosive is 0.1

24 percent by mass;
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1 ‘‘(3) Para-Mononitrotoluene (p-MNT),

2 C7H7NO2, molecular weight 137, when the minimum

3 concentration in the finished explosive is 0.5 percent

4 by mass;

5 ‘‘(4) Ortho-Mononitrotoluene (o-MNT),

6 C7H7NO2, molecular weight 137, when the minimum

7 concentration in the finished explosive is 0.5 percent

8 by mass; and

9 ‘‘(5) any other substance in the concentration

10 specified by the Secretary, after consultation with

11 the Secretary of State and the Secretary of Defense,

12 which has been added to the table in part 2 of the

13 Technical Annex to the Convention on the Marking

14 of Plastic Explosives.

15 ‘‘(q) ‘Plastic explosive’ means an explosive material

16 in flexible or elastic sheet form formulated with one or

17 more high explosives which in their pure form have a

18 vapor pressure less than 10¥4 Pa at a temperature of

19 25°C., is formulated with a binder material, and is as a

20 mixture malleable or flexible at normal room tempera21 ture.’’.
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1 SEC. 404. REQUIREMENT OF DETECTION AGENTS FOR

2 PLASTIC EXPLOSIVES.

3 Section 842 of title 18, United States Code, is

4 amended by adding after subsection (k) the following new

5 subsections:

6 ‘‘(l) It shall be unlawful for any person to manufac7 ture any plastic explosive which does not contain a detec8 tion agent.

9 ‘‘(m)(1) it shall be unlawful for any person to import

10 or bring into the United States, or export from the United

11 States, any plastic explosive which does not contain a de12 tection agent.

13 ‘‘(2) This subsection does not apply to the importa14 tion or bringing into the United States, or the exportation

15 from the United States, of any plastic explosive which was

16 imported, brought into, or manufactured in the United

17 States prior to the effective date of the Marking of Plastic

18 Explosives for Detection Act by or on behalf of any agency

19 of the United States performing military or police func20 tions (including any military Reserve component) or by or

21 on behalf of the National Guard of any State, not later

22 than fifteen years after the date of entry into force of the

23 Convention on the Marking of Plastic Explosives, with re24 spect to the United States.
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1 ‘‘(n)(1) It shall be unlawful for any person to ship,

2 transport, transfer, receive, or possess any plastic explo3 sive which does not contain a detection agent.

4 ‘‘(2) This subsection does not apply to—

5 ‘‘(A) the shipment, transportation, transfer, re6 ceipt, or possession of any plastic explosive, which

7 was imported, brought into, or manufactured in the

8 United States prior to the effective date of this Act

9 by any person during a period not exceeding three

10 years after the effective date of this Act; or

11 ‘‘(B) the shipment, transportation, transfer, re12 ceipt, or possession of any plastic explosive, which

13 was imported, brought into, or manufactured in the

14 United States prior to the effective date of this Act

15 by or on behalf of any agency of the United States

16 performing a military or police function (including

17 any military reserve component) or by or on behalf

18 of the National Guard of any State, not later than

19 fifteen years after the date of entry into force of the

20 Convention on the Marking of Plastic Explosives,

21 with respect to the United States.

22 ‘‘(o) It shall be unlawful for any person, other than

23 an agency of the United States (including any military re24 serve component) or the National Guard of any State, pos25 sessing any plastic explosive on the effective date of this
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1 Act, to fail to report to the Secretary within one hundred

2 twenty days from the effective date of this Act the quan3 tity of such explosives possessed, the manufacturer or im4 porter, any marks of identification on such explosives, and

5 such other information as the Secretary may by regula6 tions prescribe.’’.

7 SEC. 405. CRIMINAL SANCTIONS.

8 Section 844(a) of title 18, United States Code, is

9 amended to read as follows:

10 ‘‘(a) Any person who violates subsections (a) through

11 (i) or (1) through (o) of section 842 of this chapter shall

12 be fined under this title or imprisoned not more than ten

13 years, or both.’’.

14 SEC. 406. EXCEPTIONS.

15 Section 845 of title 18, United States Code, is

16 amended—

17 (1) in subsection (a), by inserting ‘‘(l), (m), (n),

18 or (o) of section 842 and subsections’’ after ‘‘sub19 sections’’;

20 (2) by adding at the end of subsection (a)(1)

21 ‘‘and which pertains to safety’’; and

22 (3) by adding at the end the following new sub23 section:

24 ‘‘(c) It is an affirmative defense against any proceed25 ing involving sections 842 (l) through (o) if the proponent
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1 proves by a preponderance of the evidence that the plastic

2 explosive—

3 ‘‘(1) consisted of a small amount of plastic ex4 plosive intended for and utilized solely in lawful—

5 ‘‘(A) research, development, or testing of

6 new or modified explosive materials;

7 ‘‘(B) training in explosives detection or de8 velopment or testing of explosives detection

9 equipment; or

10 ‘‘(C) forensic science purposes; or

11 ‘‘(2) was plastic explosive which, within three

12 years after the date of entry into force of the Con13 vention on the Marking of Plastic Explosives, with

14 respect to the United States, will be or is incor15 porated in a military device within the territory of

16 the United States and remains an integral part of

17 such military device, or is intended to be, or is incor18 porated in, and remains an integral part of a mili19 tary device that is intended to become, or has be20 come, the property of any agency of the United

21 States performing military or police functions (in22 cluding any military reserve component) or the Na23 tional Guard of any State, wherever such device is

24 located. For purposes of this subsection, the term

25 ‘military device’ includes, but is not restricted to,
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1 shells, bombs, projectiles, mines, missiles, rockets,

2 shaped charges, grenades, perforators, and similar

3 devices lawfully manufactured exclusively for mili4 tary or police purposes.’’.

5 SEC. 407. INVESTIGATIVE AUTHORITY.

6 Section 846 of title 18, United States Code, is

7 amended—

8 (1) by inserting in the last sentence before the

9 ‘‘subsection’’ the phrase ‘‘subsection (m) or (n) of

10 section 842 or;’’, and

11 (2) by adding at the end the following: ‘‘The

12 Attorney General shall exercise authority over viola13 tions of subsection (m) or (n) of section 842 only

14 when they are committed by a member of a terrorist

15 or revolutionary group. In any matter involving a

16 terrorist or revolutionary group or individual, as de17 termined by the Attorney General, the Attorney

18 General shall have primary investigative responsibil19 ity and the Secretary shall assist the Attorney Gen20 eral as requested.’’.

21 SEC. 408. EFFECTIVE DATE.

22 The amendments made by this title shall take effect

23 one year after the date of the enactment of this Act.
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1 TITLE V—NUCLEAR MATERIALS

2 SEC. 501. EXPANSION OF NUCLEAR MATERIALS PROHIBI3 TIONS.

4 (a)(1) FINDINGS.—The Congress finds and declares:

5 (A) Nuclear materials, including byproduct ma6 terials, can be used to create radioactive dispersal

7 devices which are capable of causing serious bodily

8 injury as well as substantial damage to property and

9 the environment.

10 (B) The potential use of nuclear materials, in11 cluding byproduct materials, enhances the threat

12 posed by terrorist activities and thereby has a great13 er effect on the security interests of the United

14 States.

15 (C) Due to the widespread hazards presented

16 by the threat of nuclear contamination, as well as

17 nuclear bombs, the United States has a strong inter18 est in assuring that persons who are engaged in the

19 illegal acquisition and use of nuclear materials, in20 cluding byproduct materials, are prosecuted for their

21 offenses.

22 (D) The threat that nuclear materials will be

23 obtained and used by terrorist and other criminal or24 ganizations has increased substantially since the en25 actment in 1982 of the legislation which imple-
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1 mented the Convention on the Physical Protection of

2 Nuclear Material, codified at section 831 of title 18,

3 United States Code.

4 (E) The successful efforts to obtain agreements

5 from other countries to dismantle nuclear weapons

6 have resulted in increased packaging and transpor7 tation of nuclear materials, thereby decreasing the

8 security of such materials by increasing the oppor9 tunity for unlawful diversion and theft.

10 (F) The illicit trafficking in the relatively more

11 common, commercially available and usable nuclear

12 and byproduct materials poses a potential to cause

13 significant loss of life and/or environmental damage.

14 (G) Reported trafficking incidents in the early

15 1990’s suggest that the individuals involved in traf16 ficking these materials from Eurasia and Eastern

17 Europe frequently conducted their black market

18 sales of these materials within the Federal Republic

19 of Germany, the Baltic States, and to a lesser extent

20 in the Middle European countries.

21 (H) The international community has become

22 increasingly concerned over the illegal possession of

23 nuclear and nuclear byproduct materials.

24 (I) The potentially disastrous ramifications of

25 increased access to nuclear and nuclear byproduct
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1 materials pose such a significant future threat that

2 the United States must use all lawful methods avail3 able to combat the illegal use of such materials.

4 (J) The United States has an interest in en5 couraging United States corporations to do business

6 in the countries which comprised the former Soviet

7 Union, as well as in other developing democracies;

8 protection of such United States corporations from

9 threats created by the unlawful use of nuclear mate10 rials is important to the success of the effort to en11 courage such business ventures, and to further the

12 foreign relations and commerce of the United States.

13 (K) The nature of nuclear contamination is

14 such that it may affect the health, environment, and

15 property of United States nationals even if the acts

16 which constitute the illegal activity occur outside the

17 territory of the United States, and are primarily di18 rected toward non-United States nationals.

19 (L) There is presently no Federal criminal stat20 ute which provides adequate protection to United

21 States interests from non-weapons grade, yet haz22 ardous radioactive material, and from the illegal di23 version of nuclear materials which are held for other

24 than peaceful purposes.
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1 (2) PURPOSE.—The purpose of the Act is to provide

2 Federal law enforcement the necessary tools and fullest

3 possible basis allowed under the Constitution of the

4 United States to combat the threat of nuclear contamina5 tion and proliferation which may result from illegal posses6 sion and use of radioactive materials.

7 (b) EXPANSION OF SCOPE AND JURISDICTIONAL

8 BASES.—Section 831 of title 18, United States Code, is

9 amended by—

10 (1) in subsection (a), striking ‘‘nuclear mate11 rial’’ each time it appears and inserting each time

12 ‘‘nuclear material or nuclear byproduct material’’;

13 (2) in subsection (a)(1)(A), inserting ‘‘or the

14 environment’’ after ‘‘property’’;

15 (3) amending subsection (a)(1)(B) to read as

16 follows:

17 ‘‘(B)(i) circumstances exist which are likely

18 to cause the death of or serious bodily injury to

19 any person or substantial damage to property

20 or the environment; or (ii) such circumstances

21 are represented to the defendant to exist;’’;

22 (4) in subsection (a)(6), inserting ‘‘or the envi23 ronment’’ after ‘‘property’’;

24 (5) amending subsection (c)(2) to read as fol25 lows:
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1 ‘‘(2) an offender or a victim is a national of the

2 United States or a United States corporation or

3 other legal entity;’’;

4 (6) in subsection (c)(3), striking ‘‘at the time of

5 the offense the nuclear material is in use, storage,

6 or transport, for peaceful purposes, and’’;

7 (7) striking ‘‘or’’ at the end of subsection

8 (c)(3);

9 (8) in subsection (c)(4), striking ‘‘nuclear mate10 rial for peaceful purposes’’ and inserting ‘‘nuclear

11 material or nuclear byproduct material’’;

12 (9) striking the period at the end of subsection

13 (c)(4) and inserting ‘‘; or’’;

14 (10) adding at the end of subsection (c) a new

15 paragraph as follows:

16 ‘‘(5) the governmental entity under subsection

17 (a)(5) is the United States or the threat under sub18 section (a)(6) is directed at the United States.’’;

19 (11) in subsection (f)(1)(A), striking ‘‘with an

20 isotopic concentration not in excess of 80 percent

21 plutonium 238’’;

22 (12) inserting at the beginning of subsection

23 (f)(1)(C) ‘‘enriched uranium, defined as’’;

24 (13) redesignating subsections (f)(2)–(4) as

25 (f)(3)–(5);
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1 (14) inserting after subsection (f)(1) the follow2 ing new paragraph:

3 ‘‘(2) the term ‘nuclear byproduct material’

4 means any material containing any radioactive iso5 tope created through an irradiation process in the

6 operation of a nuclear reactor or accelerator;’’;

7 (15) striking ‘‘and’’ at the end of subsection

8 (f)(4), as redesignated;

9 (16) striking the period at the end of subsection

10 (f)(5), as redesignated, and inserting a semicolon;

11 and

12 (17) adding at the end of subsection (f) the fol13 lowing new paragraphs:

14 ‘‘(6) the term ‘national of the United States’

15 has the meaning prescribed in section 101(a)(22) of

16 the Immigration and Nationality Act (8 U.S.C.

17 1101(a)(22)); and

18 ‘‘(7) the term ‘United States corporation or

19 other legal entity’ means any corporation or other

20 entity organized under the laws of the United States

21 or any State, district, commonwealth, territory or

22 possession of the United States.’’.
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1 TITLE VI—PROCEDURAL AND TECHNICAL

2 CORRECTIONS AND IMPROVEMENTS

3 SEC. 601. CORRECTION TO MATERIAL SUPPORT PROVI4 SION.

5 Section 120005 of Public Law 103–322, September

6 13, 1994, is amended to read at the time of its enactment

7 on September 13, 1994, as follows:

8 ‘‘(a) OFFENSE.—Chapter 113A of title 18, United

9 States Code, is amended by adding the following new sec10 tion:

11 ‘‘§ 2339A. Providing material support to terrorists

12 ‘‘(a) DEFINITION.—In this section, ‘material support

13 or resources’ means currency or other financial securities,

14 financial services, lodging, training, safehouses, false doc15 umentation or identification, communications equipment,

16 facilities, weapons, lethal substances, explosives, person17 nel, transportation, and other physical assets, but does not

18 include humanitarian assistance to persons not directly in19 volved in such violations.

20 ‘‘(b) OFFENSE.—A person who, within the United

21 States, provides material support or resources or conceals

22 or disguises the nature, location, source, or ownership of

23 material support or resources, knowing or intending that

24 they are to be used in preparation for, in carrying out,

25 a violation of section 32, 37, 351, 844(f) or (i), 1114,
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1 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, or

2 2332a of this title or section 46502 of title 49, or in prepa3 ration for or carrying out the concealment or an escape

4 from the commission of any such violation, shall be fined

5 under this title, imprisoned not more than ten years, or

6 both.’’.

7 SEC. 602. EXPANSION OF WEAPONS OF MASS DESTRUCTION

8 STATUTE.

9 Section 2332a of title 18, United States Code, is

10 amended by—

11 (1) in subsection (a), inserting ‘‘threatens,’’ be12 fore ‘‘attempts or conspires to use, a weapon of

13 mass destruction’’;

14 (2) by redesignating subsection (b) as sub15 section (c); and

16 (3) by adding the following new subsection:

17 ‘‘(b) Any national of the United States who outside

18 of the United States uses, or threatens, attempts or con19 spires to use, a weapon of mass destruction shall be im20 prisoned for any term of years or for life, and if death

21 results, shall be punished by death or imprisonment for

22 any term of years or for life.’’.
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1 SEC. 603. ADDITION OF TERRORIST OFFENSES TO THE

2 RICO STATUTE.

3 (a) Section 1961(1)(B) of title 18 of the United

4 States Code is amended by—

5 (1) inserting after ‘‘Section’’ the following: ‘‘32

6 (relating to the destruction of aircraft), section 37

7 (relating to violence at international airports), sec8 tion 115 (relating to influencing, impeding, or retali9 ating against a Federal official by threatening or in10 juring a family member), section’’;

11 (2) inserting after ‘‘section 224 (relating to

12 sports bribery),’’ the following: ‘‘section 351 (relat13 ing to Congressional or Cabinet officer assassina14 tion),’’;

15 (3) inserting after ‘‘section 664 (relating to em16 bezzlement from pension and welfare funds),’’ the

17 following: ‘‘section 831 (relating to prohibited trans18 actions involving nuclear materials), section 844 (f)

19 or (i) (relating to destruction by explosives or fire of

20 government property or property affecting interstate

21 or foreign commerce),’’;

22 (4) inserting after ‘‘sections 891–894 (relating

23 to extortionate credit transactions),’’ the following:

24 ‘‘section 956 (relating to conspiracy to kill, kidnap,

25 maim, or injure certain property in a foreign coun26 try),’’;
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1 (5) inserting after ‘‘section 1084 (relating to

2 the transmission of gambling information),’’ the fol3 lowing: ‘‘section 1111 (relating to murder), section

4 1114 (relating to murder of United States law en5 forcement officials), section 1116 (relating to mur6 der of foreign officials, official guests, or internation7 ally protected persons), section 1203 (relating to

8 hostage taking),’’;

9 (6) inserting after ‘‘section 1344 (relating to fi10 nancial institution fraud),’’ the following: ‘‘section

11 1361 (relating to willful injury of government prop12 erty within the special maritime and territorial juris13 diction),’’;

14 (7) inserting after ‘‘section 1513 (relating to re15 taliating against a witness, victim, or an inform16 ant),’’ the following: ‘‘section 1751 (relating to Pres17 idential assassination),’’;

18 (8) inserting after ‘‘section 1958 (relating to

19 use of interstate commerce facilities in the commis20 sion of murder-for-hire),’’ the following: ‘‘section

21 2280 (relating to violence against maritime naviga22 tion), section 2281 (relating to violence against mar23 itime fixed platforms),’’; and

24 (9) inserting after ‘‘2321 (relating to traffick25 ing in certain motor vehicles or motor vehicle
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1 parts),’’ the following: ‘‘section 2332 (relating to ter2 rorist acts abroad against United States nationals),

3 section 2332a (relating to use of weapons of mass

4 destruction), section 2332b (relating to acts of ter5 rorism transcending national boundaries), section

6 2339A (relating to providing material support to ter7 rorists),’’.

8 (b) Section 1961(1) of title 18 of the United States

9 Code is amended by striking ‘‘or’’ before ‘‘(E)’’, and in10 serting at the end thereof the following: ‘‘or (F) section

11 46502 of title 49, United States Code;’’.

12 SEC. 604. ADDITION OF TERRORISM OFFENSES TO THE

13 MONEY LAUNDERING STATUTE.

14 (a) Section 1956(c)(7)(B)(ii) of title 18, United

15 States Code, is amended by striking ‘‘or extortion;’’ and

16 inserting ‘‘extortion, murder, or destruction of property by

17 means of explosive or fire;’’.

18 (b) Section 1956(c)(7)(D) of title 18, United States

19 Code, is amended by—

20 (1) inserting after ‘‘an offense under’’ the fol21 lowing: ‘‘section 32 (relating to the destruction of

22 aircraft), section 37 (relating to violence at inter23 national airports), section 115 (relating to influenc24 ing, impeding or retaliating against a Federal offi25 cial by threatening or injuring a family member),’’;
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1 (2) inserting after ‘‘section 215 (relating to

2 commissions or gifts for procuring loans),’’ the fol3 lowing: ‘‘section 351 (relating to Congressional or

4 Cabinet officer assassination),’’;

5 (3) inserting after ‘‘section 798 (relating to es6 pionage),’’ the following: ‘‘section 831 (relating to

7 prohibited transactions involving nuclear materials),

8 section 844 (f) or (i) (relating to destruction by ex9 plosives or fire of Government property or property

10 affecting interstate or foreign commerce),’’;

11 (4) inserting after ‘‘section 875 (relating to

12 interstate communications),’’ the following: ‘‘section

13 956 (relating to conspiracy to kill, kidnap, maim, or

14 injure certain property in a foreign country),’’;

15 (5) inserting after ‘‘section 1032 (relating to

16 concealment of assets from conservator, receiver, or

17 liquidating agent of financial institution),’’ the fol18 lowing: ‘‘section 1111 (relating to murder), section

19 1114 (relating to murder of United States law en20 forcement officials), section 1116 (relating to mur21 der of foreign officials, official guests, or internation22 ally protected persons),’’;

23 (6) inserting after ‘‘section 1203 (relating to

24 hostage taking)’’ the following: ‘‘section 1361 (relat25 ing to willful injury of Government property), sec-
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1 tion 1363 (relating to destruction of property within

2 the special maritime and territorial jurisdiction),’’;

3 (7) inserting after ‘‘section 1708 (relating to

4 theft from the mail’’ the following:’’), section 1751

5 (relating to Presidential assassination),’’;

6 (8) inserting after ‘‘2114 (relating to bank and

7 postal robbery and theft),’’ the following: ‘‘section

8 2280 (relating to violence against maritime naviga9 tion), section 2281 (relating to violence against mar10 itime fixed platforms),’’; and

11 (9) striking ‘‘of this title’’ and inserting the fol12 lowing: ‘‘section 2332 (relating to terrorist acts

13 abroad against United States nationals), section

14 2332a (relating to use of weapons of mass destruc15 tion), section 2332b (relating to international terror16 ist acts transcending national boundaries), 2339A

17 (relating to providing material support to terrorists)

18 of this title, section 46502 of title 49, United States

19 Code,’’.

20 SEC. 605. AUTHORIZATION FOR INTERCEPTIONS OF COM21 MUNICATIONS IN CERTAIN TERRORISM RE22 LATED OFFENSES.

23 (a) Section 2516(1) of title 18, United States Code,

24 is amended by—
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1 (1) striking ‘‘and’’ at the end of subparagraph

2 (n);

3 (2) redesignating subparagraph (o) as subpara4 graph (q); and

5 (3) inserting these two new paragraphs after

6 paragraph (n):

7 ‘‘(o) any violation of section 956 or section 960 of

8 title 18, United States Code (relating to certain actions

9 against foreign nations);

10 ‘‘(p) any violation of section 46502 of title 49, United

11 States Code; and’’.

12 (b) Section 2516(1)(c) of title 18, United States

13 Code, is amended by inserting before ‘‘or section 1992 (re14 lating to wrecking trains)’’ the following: ‘‘section 2332

15 (relating to terrorist acts abroad), section 2332a (relating

16 to weapons of mass destruction, section 2332b (relating

17 to acts of terrorism transcending national boundaries),

18 section 2339A (relating to providing material support to

19 terrorists), section 37 (relating to violence at international

20 airports),’’.

21 SEC. 606. CLARIFICATION OF MARITIME VIOLENCE JURIS22 DICTION.

23 Section 2280(B)(1)(A) of title 18, United States

24 Code, is amended by—
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1 (1) in clause (ii), striking ‘‘and the activity is

2 not prohibited as a crime by the State in which the

3 activity takes place’’; and

4 (2) in clause (iii), striking ‘‘the activity takes

5 place on a ship flying the flag of a foreign country

6 or outside of the United States,’’.

7 SEC. 607. EXPANSION OF FEDERAL JURISDICTION OVER

8 BOMB THREATS.

9 Section 844(e) of title 18, United States Code, is

10 amended by—

11 (1) inserting ‘‘(1)’’ before ‘‘Whoever’’; and

12 (2) adding at the end thereof this new para13 graph:

14 ‘‘(2) Whoever willfully makes any threat, or

15 maliciously conveys false information knowing the

16 same to be false, concerning an attempt or alleged

17 attempt being made, or to be made to violate sub18 sections (f) or (i) of this section or section 81 of this

19 title shall be fined under this title or imprisoned for

20 not more than five years, or both.

21 SEC. 608. INCREASED PENALTY FOR EXPLOSIVE CONSPIR22 ACIES.

23 Section 844 of title 18, United States Code, is

24 amended by adding at the end the following new sub25 section:
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1 ‘‘(n) Except as otherwise provided in this section, a

2 person who conspires to commit any offense defined in this

3 chapter shall be subject to the same penalties (other than

4 the penalty of death) as those prescribed for the offense

5 the commission of which was the object of the conspir6 acy.’’.

7 SEC. 609. AMENDMENT TO INCLUDE ASSAULTS, MURDERS,

8 AND THREATS AGAINST FORMER FEDERAL

9 OFFICIALS ON ACCOUNT OF THE PERFORM10 ANCE OF THEIR OFFICIAL DUTIES.

11 Section 115(a)(2) of title 18, United States Code, is

12 amended by inserting ‘‘, or threatens to assault, kidnap,

13 or murder, any person who formerly served as a person

14 designed in paragraph (1), or’’ after ‘‘assaults, kidnaps,

15 or murders, or attempts to kidnap or murder’’.

16 SEC. 610. ADDITION OF CONSPIRACY TO TERRORISM OF17 FENSES.

18 (a)(1) Section 32(a)(7) of title 18, United States

19 Code, is amended by inserting ‘‘or conspires’’ after ‘‘at20 tempts’’.

21 (2) Section 32(b)(4) of title 18, United States Code,

22 is amended by inserting ‘‘or conspires’’ after ‘‘attempts’’.

23 (b) Section 37(a) title 18, United States Code, is

24 amended by inserting ‘‘or conspires’’ after ‘‘attempts’’.
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1 (c)(1) Section 115(a)(1)(A) of title 18, United States

2 Code, is amended by inserting ‘‘or conspires’’ after ‘‘at3 tempts’’.

4 (2) Section 115(a)(2) of title 18, United States Code,

5 as amended by section 609, is further amended by insert6 ing ‘‘or conspires’’ after ‘‘attempts’’.

7 (3) Section 115(b)(2) of title 18, United States Code,

8 is amended by striking both times it appears ‘‘or at9 tempted kidnapping’’ and inserting both times ‘‘, at10 tempted kidnapping or conspiracy to kidnap’’.

11 (4)(A) Section 115(b)(3) of title 18, United States

12 Code, is amended by striking ‘‘or attempted murder’’ and

13 inserting ‘‘, attempted murder or conspiracy to murder’’.

14 (B) Section 115(b)(3) of title 18, United States Code,

15 is further amended by striking ‘‘and 1113’’ and inserting

16 ‘‘, 1113 and 1117’’.

17 (d) Section 175(a) of title 18, United States Code,

18 is amended by inserting ‘‘, or conspires to do so,’’ after

19 ‘‘any organization to do so,’’.

20 (e) Section 1203(a) of title 18, United States Code,

21 is amended by inserting ‘‘or conspires’’ after ‘‘attempts’’.

22 (f) Section 2280(a)(1)(H) of title 18, United States

23 Code, is amended by inserting ‘‘or conspires’’ after ‘‘at24 tempts’’.
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1 (g) Section 2281(a)(1)(F) of title 18, United States

2 Code, is amended by inserting ‘‘or conspires’’ after ‘‘at3 tempts’’.

4 (h)(1) Section 46502(a)(2) of title 49, United States

5 Code, is amended by inserting ‘‘or conspiring’’ after ‘‘at6 tempting’’.

7 (2) Section 46502(b)(1) of title 49, United States

8 Code, is amended by inserting ‘‘or conspiring to commit’’

9 after ‘‘committing’’.

10 TITLE VII—ANTITERRORISM ASSISTANCE

11 SEC. 701. FINDINGS.

12 Congress finds that in order to improve the effective13 ness and cost efficiency of the Antiterrorism Training As14 sistance Program, which is administered and coordinated

15 by the Department of State to increase the antiterrorism

16 capabilities of friendly countries, more flexibility is needed

17 in providing trainers and courses overseas and to provide

18 personnel needed to enhance the administration and eval19 uation of the courses.

20 SEC. 702. ANTITERRORISM ASSISTANCE AMENDMENTS.

21 Section 573 of chapter 8 (relating to antiterrorism

22 assistance), of the Foreign Assistance Act of 1961 (22

23 U.S.C. 2349aa2) is amended by:

24 (1) striking ‘‘30 days’’ in subsection (d)(1)(A)

25 and inserting in lieu thereof ‘‘180 days’’;
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1 (2) striking the ‘‘add’’ after subsection

2 (d)(1)(B);

3 (3) striking subsection (d)(1)(B);

4 (4) inserting ‘‘and’’ after subsection (d)(1)(A);

5 (5) redesignating subsection (d)(1)(C) as sub6 section (d)(1)(B);

7 (6) amending subsection (d)(2) to read as fol8 lows:

9 ‘‘(2) Personnel of the United States Govern10 ment authorized to advise foreign countries on anti11 terrorism matters shall carry out their responsibil12 ities within the United States when determined most

13 effective or outside the United States for periods not

14 to exceed 180 consecutive calendar days.’’; and

15 (7) striking subsection (f).

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