I

103D CONGRESS

1ST SESSION H. R. 1301

To combat terrorism.

IN THE HOUSE OF REPRESENTATIVES

MARCH 10, 1993

Mr. SCHUMER (for himself and Mr. SENSENBRENNER) introduced the

following bill; which was referred to the Committee on the Judiciary

A BILL

To combat terrorism.

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 ‘‘Terrorism Prevention

5 and Protection Act of 1993’’.

6 TITLE I—DOMESTIC TERRORISM

7 SEC. 101. DOMESTIC TERRORISM.

8 (a) IN GENERAL.—Chapter 113A of title 18, United

9 States Code, is amended by adding at the end the follow10 ing:
2

•HR 1301 IH

1 ‘‘§ 2339. Domestic terrorism

2 ‘‘(a) Whoever commits a terrorist act in or affecting

3 interstate or foreign commerce shall be subject to the

4 death penalty if death results, and in any other case shall

5 be fined under this title or imprisoned any term or years

6 or for life.

7 ‘‘(b) As used in this section, the term ‘terrorist act’

8 means any crime of violence that appears to be intended—

9 ‘‘(1) to influence or to be in retaliation for the

10 policy or conduct of a government;

11 ‘‘(2) to intimidate or coerce a civilian popu12 lation; or

13 ‘‘(3) to affect the conduct of a government by

14 assassination or kidnapping.’’.

15 (b) CLERICAL AMENDMENTS.—The table of sections

16 at the beginning of chapter 113A of title 18, United States

17 Code, is amended by adding at the end the following:

‘‘2339. Domestic terrorism.’’.

18 SEC. 102. ENHANCED PENALTIES FOR CERTAIN OFFENSES.

19 (a) SECTION 1705(b).—Section 206(b) of the Inter20 national Economic Emergency Powers Act (50 U.S.C.

21 1705(b)) is amended by striking ‘‘$50,000’’ and inserting

22 ‘‘$1,000,000’’.

23 (b) SECTION 1705(a).—Section 206(a) of the Inter24 national Economic Emergency Powers Act (50 U.S.C.
3

•HR 1301 IH

1 1705(a)) is amended by striking ‘‘$10,000’’ and inserting

2 ‘‘$1,000,000’’.

3 (c) SECTION 1541.—Section 1541 of title 18, United

4 States Code, is amended—

5 (1) by striking ‘‘$500’’ and inserting

6 ‘‘$250,000’’; and

7 (2) by striking ‘‘one year’’ and inserting ‘‘five

8 years’’.

9 (d) CHAPTER 75.—Sections 1542, 1543, 1544 and

10 1546 of title 18, United States Code, are each amended—

11 (1) by striking ‘‘$2,000’’ each place it appears

12 and inserting ‘‘$250,000’’; and

13 (2) by striking ‘‘five years’’ each place it ap14 pears and inserting ‘‘ten years’’.

15 (e) SECTION 1545.—Section 1545 of title 18, United

16 States Code, is amended—

17 (1) by striking ‘‘$2,000’’ and inserting

18 ‘‘$250,000’’; and

19 (2) by striking ‘‘three years’’ and inserting ‘‘ten

20 years’’.

21 SEC. 103. WEAPONS OF MASS DESTRUCTION.

22 (a) FINDINGS.—The Congress finds that the use and

23 threatened use of weapons of mass destruction, as defined

24 in the statute enacted by subsection (b) of this section,

25 gravely harm the national security and foreign relations
4

•HR 1301 IH

1 interests of the United States, seriously affect interstate

2 and foreign commerce, and disturb the domestic tran3 quility of the United States.

4 (b) OFFENSE.—Chapter 113A of title 18, United

5 States Code, as added by the preceding section, is amend6 ed by inserting after section 2332 the following new sec7 tion:

8 ‘‘§ 2332a. Use of weapons of mass destruction

9 ‘‘(a) Whoever uses, or attempts or conspires to use,

10 a weapon of mass destruction—

11 ‘‘(1) against a national of the United States

12 while such national is outside of the United States;

13 ‘‘(2) against any person within the United

14 States; or

15 ‘‘(3) against any property that is owned, leased

16 or used by the United States or by any department

17 or agency of the United States, whether the property

18 is within or outside of the United States;

19 shall be imprisoned for any term of years or for life, and

20 if death results, shall be punished by death or imprisoned

21 for any term of years or for life.

22 ‘‘(b) For purposes of this section—

23 ‘‘(1) ‘national of the United States’ has the

24 meaning given in section 101(a)(22) of the Immigra-
5

•HR 1301 IH

1 tion and Nationality Act (8 U.S.C. 1101(a)(22));

2 and

3 ‘‘(2) ‘weapon of mass destruction’ means—

4 ‘‘(a) any destructive device as defined in

5 section 921 of this title;

6 ‘‘(b) poison gas;

7 ‘‘(c) any weapon involving a disease orga8 nism; or

9 ‘‘(d) any weapon that is designed to release

10 radiation or radioactivity at a level dangerous

11 to human life.’’.

12 (c) CLERICAL AMENDMENT.—The table of sections

13 at the beginning of chapter 113A of title 18, United States

14 Code, is amended by inserting after the item relating to

15 section 2332 the following:

‘‘2332a. Use of weapons of mass destruction.’’.

16 SEC. 104. EXTENSION OF THE STATUTE OF LIMITATIONS

17 FOR CERTAIN TERRORISM OFFENSES.

18 (a) IN GENERAL.—Chapter 213 of title 18, United

19 States Code, is amended by inserting after section 3285

20 the following:

21 ‘‘§ 3286. Extension of statute of limitations for certain

22 terrorism offenses

23 ‘‘Notwithstanding the provisions of section 3282, no

24 person shall be prosecuted, tried, or punished for any of25 fense involving a violation of section 32 (aircraft destruc-
6

•HR 1301 IH

1 tion), section 36 (airport violence), section 112 (assaults

2 upon diplomats), section 351 (crimes against Congress3 men or Cabinet officers), section 1116 (crimes against dip4 lomats), section 1203 (hostage taking), section 1361 (will5 ful injury to government property), section 1751 (crimes

6 against the President), section 2280 (maritime violence),

7 section 2281 (maritime platform violence), section 2331

8 (terrorist acts abroad against United States nationals),

9 section 2339 (use of weapons of mass destruction), or sec10 tion 2340A (torture) of this title or section 902 (i), (j),

11 (k), (l), or (n) of the Federal Aviation Act of 1958, as

12 amended (49 U.S.C. App. 1572 (i), (j), (k), (l), or (n)),

13 unless the indictment is found or the information is insti14 tuted within ten years next after such offense shall have

15 been committed.’’.

16 (b) CLERICAL AMENDMENT.—The table of sections

17 at the beginning of chapter 213 is amended by inserting

18 below the item for:

‘‘3285. Criminal contempt.’’.

19 the following:

‘‘3286. Extension of statute of limitations for certain terrorism offenses.’’.

20 SEC. 105. F.B.I. ACCESS TO TELEPHONE SUBSCRIBER IN21 FORMATION.

22 (a) REQUIRED CERTIFICATION.—Section 2709(b) of

23 title 18, United States Code, is amended to read as

24 follows:
7

•HR 1301 IH

1 ‘‘(b) REQUIRED CERTIFICATION.—The Director of

2 the Federal Bureau of Investigation, or his designee in

3 a position not lower than Deputy Assistant Director,

4 may—

5 ‘‘(1) request the name, address, length of serv6 ice, and toll billing records of a person or entity if

7 the Director (or his designee in a position not lower

8 than Deputy Assistant Director) certifies in writing

9 to the wire or electronic communication service pro10 vider to which the request is made that—

11 ‘‘(A) the name, address, length of service,

12 and toll billing records sought are relevant to

13 an authorized foreign counterintelligence inves14 tigation; and

15 ‘‘(B) there are specific and articulable

16 facts giving reason to believe that the person or

17 entity to whom the information sought pertains

18 is a foreign power or an agent of a foreign

19 power as defined in section 101 of the Foreign

20 Intelligence Surveillance Act of 1978 (50

21 U.S.C. 1801); and

22 ‘‘(2) request the name, address, and length of

23 service of a person or entity if the Director (or his

24 designee in a position not lower than Deputy Assist25 ant Director) certifies in writing to the wire or elec-
8

•HR 1301 IH

1 tronic communication service provider to which the

2 request is made that—

3 ‘‘(A) the information sought is relevant to

4 an authorized foreign counterintelligence inves5 tigation; and

6 ‘‘(B) there are specific and articulable

7 facts giving reason to believe that communica8 tion facilities registered in the name of the per9 son or entity have been used, through the serv10 ices of such provider, in communication with—

11 ‘‘(i) an individual who is engaging or

12 has engaged in international terrorism as

13 defined in section 101(c) of the Foreign

14 Intelligence Surveillance Act or clandestine

15 intelligence activities that involve or may

16 involve a violation of the criminal statutes

17 of the United States; or

18 ‘‘(ii) a foreign power or an agent of a

19 foreign power under circumstances giving

20 reason to believe that the communication

21 concerned international terrorism as de22 fined in section 101(c) of the Foreign In23 telligence Surveillance Act or clandestine

24 intelligence activities that involve or may
9

•HR 1301 IH

1 involve a violation of the criminal statutes

2 of the United States.’’.

3 (b) REPORT TO JUDICIARY COMMITTEES.—Section

4 2709(e) of title 18, United States Code, is amended by

5 adding after ‘‘Senate’’ the following: ‘‘, and the Committee

6 on the Judiciary of the House of Representatives and the

7 Committee on the Judiciary of the Senate,’’.

8 SEC. 106. VIOLENCE AT AIRPORTS SERVING INTER9 NATIONAL CIVIL AVIATION.

10 (a) OFFENSE.—Chapter 2 of title 18, United States

11 Code, is amended by adding at the end thereof the

12 following:

13 ‘‘§ 36. Violence at international airports

14 ‘‘(a) Whoever unlawfully and intentionally, using any

15 device, substance or weapon—

16 ‘‘(1) performs an act of violence against a per17 son at an airport serving international civil aviation

18 which causes or is likely to cause serious bodily

19 injury or death; or

20 ‘‘(2) destroys or seriously damages the facilities

21 of an airport serving international civil aviation or a

22 civil aircraft not in service located thereon or

23 disrupts the services of the airport;

24 if such an act endangers or is likely to endanger safety

25 at that airport, or attempts to do such an act, shall be
10

•HR 1301 IH

1 fined under this title or imprisoned not more than twenty

2 years, or both; and if the death of any person results from

3 conduct prohibited by this subsection, shall be punished

4 by death or imprisoned for any term of years or for life.

5 ‘‘(b) There is jurisdiction over the prohibited activity

6 in subsection (a) if—

7 ‘‘(1) the prohibited activity takes place in the

8 United States and—

9 ‘‘(A) the perpetrator of the prohibited ac10 tivity engages in terrorism or acts on behalf of

11 a terrorist group;

12 ‘‘(B) the activity violates subsection (a)(1)

13 and the person against whom the violence is

14 directed is engaged in international air travel;

15 ‘‘(C) the activity violates subsection (a)(2)

16 and the facility or aircraft destroyed or dam17 aged is owned by or leased by a foreign flag

18 carrier or the services disrupted are primarily

19 for the benefit of such a carrier; or

20 ‘‘(D) the activity is not prohibited as a

21 crime by the law of the State in which the

22 airport is located; or

23 ‘‘(2) the prohibited activity takes place outside

24 of the United States and the offender is later found

25 in the United States.
11

•HR 1301 IH

1 ‘‘(c) For the purposes of this section, the terms ‘ter2 rorism’ and ‘terrorist group’ have, respectively, the mean3 ings given those terms in section 140 of Public Law 100–

4 204 (22 U.S.C. 2656f).’’.

5 (b) CLERICAL AMENDMENT.—The table of sections

6 at the beginning of chapter 2 of title 18, United States

7 Code, is amended by adding at the end the following:

‘‘36. Violence at international airports.’’.

8 (c) EFFECTIVE DATE.—This section shall take effect

9 on the later of—

10 (1) the date of the enactment of this Act; or

11 (2) the date the Protocol for the Suppression of

12 Unlawful Acts of Violence at Airports Serving Inter13 national Civil Aviation, Supplementary to the Con14 vention for the Suppression of Unlawful Acts

15 Against the Safety of Civil Aviation, done at Mon16 treal on 23 September 1971, has come into force

17 and the United States has become a party to the

18 Protocol.

19 SEC. 107. PREVENTING ACTS OF TERRORISM AGAINST CI20 VILIAN AVIATION.

21 (a) IN GENERAL.—Chapter 2 of title 18, United

22 States Code, is amended by adding at the end thereof the

23 following new section:
12

•HR 1301 IH

1 ‘‘§ 37. Violations of Federal aviation security regula2 tions

3 ‘‘Whoever willfully violates a security regulation

4 under part 107 or 108 of title 14, Code of Federal Regula5 tions (relating to airport and airline security) issued pur6 suant to section 1356 and 1357 of title 49, United States

7 Code, shall be fined under this title or imprisoned for not

8 more than one year, or both.’’.

9 (b) TABLE OF SECTIONS.—The table of sections for

10 chapter 2 of title 18, United States Code, is amended by

11 adding at the end thereof the following:

‘‘37. Violation of Federal aviation security regulations.’’.

12 SEC. 108. ECONOMIC TERRORISM TASK FORCE.

13 (a) ESTABLISHMENT AND PURPOSE.—There is es14 tablished an Economic Terrorism Task Force to—

15 (1) assess the threat of terrorist actions di16 rected against the United States economy, including

17 actions directed against the United States govern18 ment and actions against United States business in19 terests;

20 (2) assess the adequacy of existing policies and

21 procedures designed to prevent terrorist actions di22 rected against the United States economy; and

23 (3) recommend administrative and legislative

24 actions to prevent terrorist actions directed against

25 the United States economy.
13

•HR 1301 IH

1 (b) MEMBERSHIP.—The Economic Terrorism Task

2 Force shall be chaired by the Secretary of State, or his

3 designee, and consist of the following members:

4 (1) the Director of Central Intelligence;

5 (2) the Director of the Federal Bureau of

6 Investigation;

7 (3) the Director of the United States Secret

8 Service;

9 (4) the Administrator of the Federal Aviation

10 Administration;

11 (5) the Chairman of the Board of Governors of

12 the Federal Reserve;

13 (6) the Under Secretary of the Treasury for

14 Finance; and

15 (7) such other members of the Departments of

16 Defense, Justice, State, Treasury, or any other

17 agency of the United States Government, as the

18 Secretary of State may designate.

19 (c) ADMINISTRATIVE PROVISIONS.—The provisions

20 of the Federal Advisory Committee Act shall not apply

21 with respect to the Economic Terrorism Task Force.

22 (d) REPORT.—Not later than 180 days after the date

23 of enactment of this Act, the chairman of the Economic

24 Terrorism Task Force shall submit a report to the Presi25 dent and the Congress detailing the findings and rec-
14

•HR 1301 IH

1 ommendations of the task force. If the report of the task

2 force is classified, an unclassified version shall be prepared

3 for public distribution.

4 SEC. 109. ALIEN WITNESS COOPERATION.

5 (a) ESTABLISHMENT OF NEW NONIMMIGRANT CLAS6 SIFICATION.—Section 101(a)(15) of the Immigration and

7 Nationality Act (8 U.S.C. 1101(a)(15)) is amended—

8 (1) by striking ‘‘or’’ at the end of subparagraph

9 (Q),

10 (2) by striking the period at the end of sub11 paragraph (R) and inserting ‘‘; or’’, and

12 (3) by adding at the end the following new sub13 paragraph:

14 ‘‘(S) subject to section 214(j), an alien—

15 ‘‘(i) who the Attorney General determines

16 (I) is in possession of critical reliable informa17 tion concerning a criminal organization or en18 terprise, and (II) is willing to supply such infor19 mation to Federal or State law enforcement au20 thorities or a Federal or State court of law, and

21 ‘‘(ii) whose presence in the United States

22 the Attorney General determines is essential to

23 the success of an authorized criminal investiga24 tion or the successful prosecution of an individ-
15

•HR 1301 IH

1 ual involved in the criminal organization or

2 enterprise,

3 and the spouse and minor children of the alien if ac4 companying, or following to join, the alien.’’.

5 (b) CONDITIONS OF ENTRY.—

6 (1) WAIVER OF GROUNDS FOR EXCLUSION.—

7 Section 212(d) of such Act (8 U.S.C. 1182(d)) is

8 amended by inserting at the beginning the following

9 new paragraph:

10 ‘‘(1) The Attorney General may, in his discretion,

11 waive the application of subsection (a) (other than para12 graph (3)(E) thereof) in the case of a nonimmigrant de13 scribed in section 101(a)(15)(S), if the Attorney General

14 deems it in the national interest. Any such waiver shall

15 be deemed a waiver of any comparable ground for deporta16 tion under section 241(a)(1)(A).’’.

17 (2) NUMERICAL LIMITATIONS; PERIOD OF AD18 MISSION; ETC.—Section 214 of such Act (8 U.S.C.

19 1184) is amended by adding at the end the following

20 new subsection:

21 ‘‘(j)(1) The number of aliens who may be provided

22 a visa as nonimmigrants under section 101(a)(15)(S) in

23 any fiscal year may not exceed 100.
16

•HR 1301 IH

1 ‘‘(2) No alien may be admitted into the United States

2 as such a nonimmigrant more than 5 years after the date

3 of the enactment of this subsection.

4 ‘‘(3) The period of admission of an alien as such a

5 nonimmigrant may not exceed 3 years. Such period may

6 not be extended by the Attorney General.

7 ‘‘(4) As a condition for the admission, and continued

8 stay in lawful status, of such a nonimmigrant, the non9 immigrant (A) shall report not less often than quarterly

10 to the Commissioner such information concerning the

11 alien’s whereabouts and activities as the Attorney General

12 may require, (B) may not be convicted of any criminal

13 offense in the United States after the date of such admis14 sion, and (C) must have executed a form that waives the

15 nonimmigrant’s right to contest, other than on the basis

16 of an application for withholding of deportation, any ac17 tion for deportation of the alien instituted before the alien

18 obtains lawful permanent resident status.

19 ‘‘(5) The Attorney General shall submit a report an20 nually to the Committees on the Judiciary of the House

21 of Representatives and of the Senate concerning (A) the

22 number of such nonimmigrants admitted, (B) the number

23 of successful criminal prosecutions or investigations re24 sulting from cooperation of such aliens, (C) the number

25 of such nonimmigrants whose admission has not resulted
17

•HR 1301 IH

1 in successful criminal prosecution or investigation, and

2 (D) the number of such nonimmigrants who have failed

3 to report quarterly (as required under paragraph (4)) or

4 who have been convicted of crimes in the United States

5 after the date of their admission as such a non6 immigrant.’’.

7 (3) PROHIBITION OF CHANGE OF STATUS.—

8 Section 248(1) of such Act (8 U.S.C. 1258(1)) is

9 amended by striking ‘‘or (K)’’ and inserting ‘‘(K), or

10 (S)’’.

11 (c) ADJUSTMENT TO PERMANENT RESIDENT STA12 TUS.—

13 (1) IN GENERAL.—Section 245 of such Act (8

14 U.S.C. 1255), as amended by section 2(c) of the

15 Armed Forces Immigration Adjustment Act of 1991,

16 is amended by adding at the end the following new

17 subsection:

18 ‘‘(h)(1) If, in the opinion of the Attorney General—

19 ‘‘(A) a nonimmigrant admitted into the United

20 States under section 101(a)(15)(S) has supplied in21 formation described in clauses (i) and (ii) of such

22 section, and

23 ‘‘(B) the provision of such information has sub24 stantially contributed to the success of an authorized

25 criminal investigation or the successful prosecution
18

•HR 1301 IH

1 of an individual described in clause (ii) of such sec2 tion,

3 the Attorney General may adjust the status of the alien

4 (and the spouse and child of the alien if admitted under

5 such section) to that of an alien lawfully admitted for per6 manent residence if the alien is not described in section

7 212(a)(3)(E).

8 ‘‘(2) Upon the approval of adjustment of status under

9 paragraph (1), the Attorney General shall record the

10 alien’s lawful admission for permanent residence as of the

11 date of such approval and the Secretary of State shall re12 duce by one the number of visas authorized to be issued

13 under section 201(d) and 203(b)(4) for the fiscal year

14 then current.’’.

15 (2) EXCLUSIVE MEANS OF ADJUSTMENT.—Sec16 tion 245(c) of such Act (8 U.S.C. 1255(c)) is

17 amended by striking ‘‘or’’ before ‘‘(4)’’ and by in18 serting before the period at the end the following: ‘‘;

19 or (5) an alien who was admitted as a nonimmigrant

20 described in section 101(a)(15)(S)’’.

21 (d) EXTENDING PERIOD OF DEPORTATION FOR CON22 VICTION OF A CRIME.—Section 241(a)(2)(A)(i)(I) of such

23 Act (8 U.S.C. 1251(a)(2)(A)(i)(I)) is amended by insert24 ing ‘‘(or 10 years in the case of an alien provided lawful
19

•HR 1301 IH

1 permanent resident status under section 245(h))’’ after

2 ‘‘five years’’.

3 SEC. 110. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

4 (a) OFFENSE.—Chapter 113A of title 18, United

5 States Code, is amended by adding the following new

6 section:

7 ‘‘§ 2339A. Providing material support to terrorists

8 ‘‘Whoever, within the United States, provides mate9 rial support or resources or conceals or disguises the na10 ture, location, source, or ownership of material support or

11 resources, knowing or intending that they are to be used

12 in preparation for, or in carrying out, a violation of section

13 32, 36, 351, 844 (f) or (i), 1114, 1116, 1203, 1361, 1363,

14 1751, 2280, 2281, 2331, or 2339 of this title, or section

15 902(i) of the Federal Aviation Act of 1958, as amended

16 (49 U.S.C. App. 1472(i)), or in preparation for or carry17 ing out the concealment of an escape from the commission

18 of any such violation, shall be fined under this title, im19 prisoned not more than ten years, or both. For purposes

20 of this section, the term ‘material support or resources’

21 means currency or other financial securities, financial

22 services, lodging, training, safehouses, false documenta23 tion or identification, communications equipment, facili24 ties, weapons, lethal substances, explosives, personnel,

25 transportation, and other physical assets, but does not in-
20

•HR 1301 IH

1 clude humanitarian assistance to persons not directly

2 involved in such violations.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections

4 at the beginning of chapter 113A of title 18, United States

5 Code, is amended by adding the following:

‘‘2339A. Providing material support to terrorists.’’.

6 SEC. 111. HOMICIDES AND ATTEMPTED HOMICIDES IN7 VOLVING FIREARMS IN FEDERAL FACILITIES.

8 Section 930 of title 18, United States Code, is

9 amended by—

10 (a) redesignating subsections (c), (d), (e), and

11 (f) as subsections (d), (e), (f), and (g) respectively;

12 (b) in subsection (a), striking ‘‘(c)’’ and insert13 ing ‘‘(d)’’; and

14 (c) inserting after subsection (b) the following:

15 ‘‘(c) Whoever kills or attempts to kill any person in

16 the course of a violation of subsection (a) or (b), or in

17 the course of an attack on a Federal facility involving the

18 use of a firearm or other dangerous weapon, shall—

19 ‘‘(1) in the case of a killing constituting murder

20 as defined in section 1111(a) of this title, be pun21 ished by death or imprisoned for any term of years

22 or for life; and

23 ‘‘(2) in the case of any other killing or an at24 tempted killing, be subject to the penalties provided

25 for engaging in such conduct within the special mar-
21

•HR 1301 IH

1 itime and territorial jurisdiction of the United States

2 under sections 1112 and 1113 of this title.’’.

3 SEC. 112. DEATH PENALTY FOR CERTAIN EXPLOSIVES OF4 FENSES WHEN DEATH RESULTS.

5 Section 844 of title 18, United States Code, is

6 amended—

7 (1) in subsection (d), by striking ‘‘as provided

8 in section 34 of this title’’;

9 (2) in subsection (f), by striking ‘‘as provided

10 in section 34 of this title’’; and

11 (3) in subsection (i), by striking ‘‘as provided in

12 section 34 of this title’’.

13 SEC. 113. SENTENCING GUIDELINES INCREASE FOR TER14 RORIST CRIMES.

15 The United States Sentencing Commission is directed

16 to amend its sentencing guidelines to provide an increase

17 of not less than three levels in the base offense level for

18 any felony, whether committed within or outside the Unit19 ed States, that involves or is intended to promote inter20 national terrorism, unless such involvement or intent is

21 itself an element of the crime.
22

•HR 1301 IH

1 TITLE II—EXPLOSIVES

2 SEC. 201. TAGGANTS FOR EXPLOSIVE MATERIALS.

3 (a) DEFINITIONS.—Section 841 of title 18, United

4 States Code, is amended by adding at the end the

5 following:

6 ‘‘(o) ‘Identification taggant’ means any substance

7 which—

8 ‘‘(1) is added to an explosive material during

9 the manufacture of the material; and

10 ‘‘(2) after detonation—

11 ‘‘(A) is retrievable;

12 ‘‘(B) permits the identification of the man13 ufacturer and the date of manufacture, of the

14 material; and

15 ‘‘(C) provides such other information as

16 the Secretary may require.

17 ‘‘(p) ‘Detective taggant’ means any substance

18 which—

19 ‘‘(1) is added to an explosive material during

20 the manufacture of the material; and

21 ‘‘(2) permits the detection of the material be22 fore its detonation.’’.

23 (b) PROHIBITIONS.—

24 (1) IN GENERAL.—Section 842 of such title is

25 amended by adding at the end the following:
23

•HR 1301 IH

1 ‘‘(l)(1) It shall be unlawful for any person knowingly

2 to manufacture any explosive material which does not con3 tain an identification taggant which meets standards

4 which shall be promulgated by the Secretary under section

5 847.

6 ‘‘(2) It shall be unlawful for any person knowingly

7 to manufacture any explosive material which does not con8 tain a detection taggant which meets standards which

9 shall be promulgated by the Secretary under section 847.

10 ‘‘(3) It shall be unlawful for any person knowingly

11 to transport, ship, distribute, receive, or otherwise dispose

12 of, or cause to be transported, shipped, distributed, re13 ceived, or otherwise disposed of, in interstate or foreign

14 commerce, any explosive material which does not contain

15 an identification taggant which meets standards which

16 shall be promulgated by the Secretary under section 847.

17 The shipment of surplus explosive materials by a private

18 person, from a military establishment where sold, to the

19 purchaser’s place of business, shall be in accordance with

20 regulations which shall be promulgated by the Secretary.

21 ‘‘(4) It shall be unlawful for any person knowingly

22 to transport, ship, distribute, receive, or otherwise dispose

23 of, or cause to be transported, shipped, distributed, re24 ceived, or otherwise disposed of, in interstate or foreign

25 commerce, any explosive material which does not contain
24

•HR 1301 IH

1 a detection taggant which meets standards which shall be

2 promulgated by the Secretary under section 847. The

3 shipment of surplus explosive materials, by a private per4 son from a military establishment where sold, to the pur5 chaser’s place of business, shall be in accordance with

6 regulations which shall be promulgated by the Secretary.

7 ‘‘(5) It shall be unlawful for any person knowingly

8 to import any explosive material which does not contain

9 an identification taggant which meets standards which

10 shall be promulgated by the Secretary under section 847.

11 ‘‘(6) It shall be unlawful for any person knowingly

12 to import any explosive material which does not contain

13 a detection taggant which meets standards which shall be

14 promulgated by the Secretary under section 847.

15 ‘‘(7) Paragraphs (1) through (6) shall not apply to

16 any explosive material designated by the President or the

17 designee of the President as an explosive material to be

18 used by a department, agency, or instrumentality of the

19 Federal Government for national defense or international

20 security purposes.’’.

21 (2) REPORTS ON DESIGNATED EXPLOSIVE MA22 TERIALS.—The President or the designee of the

23 President shall promptly report to the Secretary of

24 the Treasury any designation of explosive materials
25

•HR 1301 IH

1 pursuant to section 842(l)(7) of title 18, United

2 States Code.

3 (c) PENALTIES.—Section 844(a) of such title is

4 amended—

5 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

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

7 ‘‘(2) Any person who violates section 842(l)(1) shall

8 be fined under this title, imprisoned not more than 10

9 years, or both.’’.

10 (d) EXCEPTIONS.—Section 845(a) of such title is

11 amended by adding at the end the following: ‘‘Notwith12 standing the preceding sentence, section 842(l)(1) shall

13 apply to the matters described in paragraphs (4) and (5)

14 of this subsection.’’.

15 (e) EFFECTIVE DATES.—(1) Except as otherwise

16 provided in this section, the amendments made by this sec17 tion shall take effect 1 year after the date of the enact18 ment of this Act.

19 (2) Paragraph (2) section 842(l) of title 18, United

20 States Code, shall take effect 2 years after such date of

21 enactment.

22 (3) Paragraph (3) of such section shall take effect

23 2 years after such date of enactment.

24 (4) Paragraph (4) of such section shall take effect

25 3 years after such date of enactment.
26

•HR 1301 IH

1 (5) Paragraph (5) of such section shall take effect

2 1 year after such date of enactment.

3 (6) Paragraph (6) of such section shall take effect

4 2 years after such date of enactment.

5 (f) DELAYED EFFECTIVE DATES.—

6 (1) IN GENERAL.—The Secretary of the Treas7 ury shall by regulation delay one or more of the ef8 fective dates provided for in subsection (e) by exten9 sions of not more than one year at a time until the

10 Secretary is satisfied that identification and detec11 tion taggants (as defined in section 841 of title 18,

12 United States Code)—

13 (A) are available in sufficient quantity for

14 commercial purposes;

15 (B) will not impair the quality of explosive

16 materials for their intended use;

17 (C) are not unsafe; and

18 (D) will not adversely affect the environ19 ment.

20 (2) PRIOR NOTICE TO THE CONGRESS.—The

21 Secretary shall inform the Congress 60 days before

22 delaying the effective date of any provision of law

23 pursuant to paragraph (1), specifying the reasons

24 for the delay, and estimating the time the Secretary

25 expects the provision of law will become effective.
27

•HR 1301 IH

1 TITLE III—ILLEGAL

2 IMMIGRATION

3 SEC. 301. SHORT TITLE.

4 This title may be cited as the ‘‘Immigration

5 Preinspection Act of 1993’’.

6 SEC. 302. PREINSPECTION AT FOREIGN AIRPORTS.

7 (a) IN GENERAL.—The Immigration and Nationality

8 Act is amended by inserting after section 235 the following

9 new section:

10 ‘‘PREINSPECTION AT FOREIGN AIRPORTS

11 ‘‘SEC. 235A. (a) ESTABLISHMENT OF ADDITIONAL

12 PREINSPECTION STATIONS AT HIGH VOLUME AIR13 PORTS.—Subject to subsection (c), not later than 2 years

14 after the date of the enactment of this section, the Attor15 ney General, in consultation with the Secretary of State,

16 shall establish and maintain preinspection stations in at

17 least 3 of the foreign airports that are among the 10 for18 eign airports which the Attorney General identifies as

19 serving as last points of departure for the greatest num20 bers of passengers who arrive from abroad by air at ports

21 of entry within the United States. Such preinspection sta22 tions shall be in addition to any preinspection stations es23 tablished or authorized to be established prior to the date

24 of the enactment of this section.
28

•HR 1301 IH

1 ‘‘(b) ESTABLISHMENT OF ADDITIONAL

2 PREINSPECTION STATIONS AT CERTAIN FOREIGN AIR3 PORTS FROM WHICH UNDOCUMENTED ALIENS DEPART

4 FOR THE UNITED STATES.—

5 ‘‘(1) REPORTS TO CONGRESS.—Not later than

6 November 1, 1993, and each subsequent November

7 1, the Attorney General shall compile and submit to

8 the Committee on the Judiciary of the House of

9 Representatives and the Committee on the Judiciary

10 of the Senate a report identifying the foreign air11 ports which served as last points of departure for

12 aliens who arrived by air at United States ports of

13 entry without valid documentation during the pre14 ceding fiscal year. Such report shall indicate the

15 number and nationality of such aliens arriving from

16 each such foreign airport.

17 ‘‘(2) ESTABLISHMENT OF ADDITIONAL

18 PREINSPECTION STATIONS.—Subject to subsection

19 (c), not later than November 1, 1995, the Attorney

20 General, in consultation with the Secretary of State,

21 shall establish preinspection stations in at least 3 of

22 the foreign airports that are among the 10 foreign

23 airports identified in the first report submitted

24 under paragraph (1) as serving as the last points of

25 departure for the greatest number of aliens who ar-
29

•HR 1301 IH

1 rive from abroad by air at points of entry within the

2 United States without valid documentation. Such

3 preinspection stations shall be in addition to any

4 preinspection stations established or authorized to be

5 established either under subsection (a) or prior to

6 the date of the enactment of this section.

7 ‘‘(3) ESTABLISHMENT OF CARRIER CONSULT8 ANT PROGRAM.—The Attorney General shall assign

9 additional immigration officers to any foreign air10 port identified in the first report submitted under

11 paragraph (1) which served as a point of departure

12 for a significant number of arrivals at United States

13 ports of entry without valid documentation, but

14 where no preinspection station is established.

15 ‘‘(c) CONDITIONS FOR ESTABLISHMENT OF

16 PREINSPECTION.—Prior to the establishment of a

17 preinspection station the Attorney General, in consultation

18 with the Secretary of State, shall ensure that—

19 ‘‘(1) employees of the United States stationed

20 at the preinspection station and their accompanying

21 family members will receive appropriate protection,

22 ‘‘(2) such employees and their families will not

23 be subject to unreasonable risks to their welfare and

24 safety, and
30

•HR 1301 IH

1 ‘‘(3) the country in which the preinspection sta2 tion is to be established maintains practices and pro3 cedures with respect to asylum seekers and refugees

4 in accordance with the Convention Relating to the

5 Status of Refugees (done at Geneva, July 28, 1951)

6 or the Protocol Relating to the Status of Refugees

7 (done at New York, January 31, 1967).’’.

8 (b) CLERICAL AMENDMENT.—The table of contents

9 of such Act is amended by inserting after the item relating

10 to section 235 the following new item:

‘‘Sec. 235A. Preinspection at foreign airports.’’.

11 SEC. 303. VISA WAIVER PROGRAM.

12 (a) PERMANENCY OF PROGRAM.—Section 217 of the

13 Immigration and Nationality Act (8 U.S.C. 1187) is

14 amended—

15 (1) by amending the section heading to read as

16 follows:

17 ‘‘VISA WAIVER PROGRAM FOR CERTAIN VISITORS’’;

18 (2) in the heading of subsection (a), (a)(2), and

19 (c) by striking ‘‘PILOT’’ and ‘‘PILOT’’ each place ei20 ther appears and inserting ‘‘VISA WAIVER’’ and

21 ‘‘VISA WAIVER’’, respectively;

22 (3) by striking ‘‘pilot’’ each place it appears

23 and inserting ‘‘visa waiver’’;

24 (4) in subsection (a)(1) by striking ‘‘during the

25 pilot program period (as defined in subsection (e)),’’;
31

•HR 1301 IH

1 (5) in subsection (c)(3) by striking ‘‘(within the

2 pilot program period) after the initial period’’;

3 (6) in subsection (c) by striking paragraph (4);

4 (7) in subsection (e)(1)(A) by striking

5 ‘‘(a)(1)(A)’’ and inserting ‘‘(a)(1)’’; and

6 (8) by striking subsection (f).

7 (b) ELIMINATION OF REQUIREMENT FOR EXECU8 TION OF IMMIGRATION FORMS.—Section 217 of such Act

9 is further amended—

10 (1) in subsection (a) by striking paragraph (3);

11 (2) in subsection (a) by redesignating para12 graphs (4) through (7) as paragraphs (3) through

13 (6); and

14 (3) in subsection (e)(1) by striking ‘‘subsection

15 (a)(4)’’ and inserting ‘‘subsection (a)(3)’’.

16 (c) EXCLUSION AND DEPORTATION OF APPLICANTS

17 FOR ADMISSION UNDER VISA WAIVER PROGRAM.—Sec18 tion 217(b) of such Act is amended to read as follows:

19 ‘‘(b) EXCLUSION AND DEPORTATION OF APPLICANTS

20 FOR ADMISSION UNDER VISA WAIVER PROGRAM.—

21 ‘‘(1) EXCLUSION.—

22 ‘‘(A) An immigration officer’s determina23 tion that an applicant for admission under this

24 section is not clearly and beyond a doubt enti25 tled to land shall constitute a final order of ex-
32

•HR 1301 IH

1 clusion and deportation, enforceable pursuant

2 to section 237. Pending such a determination,

3 the Attorney General may maintain such appli4 cant in custody.

5 ‘‘(B) The procedure described in section

6 236 shall not apply to an order issued under

7 this paragraph.

8 ‘‘(2) DEPORTATION.—

9 ‘‘(A) Notwithstanding any other provision

10 of law, an alien admitted to the United States

11 under this section who is determined, pursuant

12 to such regulations as the Attorney General

13 shall prescribe, to be subject to deportation

14 shall be deported pursuant to section 243. An

15 immigration officer’s determination under this

16 subsection shall constitute a final order of de17 portation. Pending such determination, the At18 torney General may maintain such alien in cus19 tody.

20 ‘‘(B) The procedure described in section

21 242 shall not apply to an order issued under

22 this paragraph.

23 ‘‘(3) REVIEW.—Notwithstanding any other pro24 vision of law or the failure of a carrier to provide the

25 notice described in subsection (e)(1)(D), an alien
33

•HR 1301 IH

1 who applies for admission to the United States

2 under this section shall not be entitled—

3 ‘‘(A) to review or appeal under this Act of

4 an immigration officer’s determination as to the

5 admissibility of the alien at the port of entry

6 into the United States, or

7 ‘‘(B) subject to paragraph (4), to contest

8 an immigration officer’s determination under

9 paragraph (2).

10 ‘‘(4) ASYLUM.—The Attorney General shall es11 tablish a procedure for an alien who is applying for

12 admission under this section or who has been admit13 ted under this section to apply for asylum under

14 section 208.

15 ‘‘(5) TREATMENT OF NATIONALS OF VISA

16 WAIVER COUNTRIES.—An alien who—

17 ‘‘(A) is a national of a visa waiver program

18 country or claims to be a national of a visa

19 waiver country, and

20 ‘‘(B) is not in possession of a valid visa,

21 shall be considered to be an applicant for

22 admission under this section.’’.

23 (d) CARRIER AGREEMENTS.—Section 217(e)(1) of

24 such Act is amended—

25 (1) in subparagraph (B) by striking ‘‘and’’;
34

•HR 1301 IH

1 (2) in subparagraph (C) by striking the period

2 at the end and inserting ‘‘; and’’; and

3 (3) by inserting after subparagraph (C) the

4 following new subparagraph:

5 ‘‘(D) to provide passengers applying for

6 admission to the United States under this sec7 tion with written notification that they are not

8 entitled (i) to any appeal or review of an immi9 gration officer’s determination of admissibility,

10 or (ii) to contest any action for deportation.’’.

11 (e) CLERICAL AMENDMENT.—The item in the table

12 of contents of such Act relating to section 217 is amended

13 to read as follows:

‘‘Sec. 217. Visa waiver program for certain visitors.’’.

14 SEC. 304. EXPEDITING AIRPORT IMMIGRATION PROCESS15 ING.

16 (a) PASSENGER MANIFESTS.—

17 (1) ELECTRONIC PASSENGER MANIFESTS.—Sec18 tion 231(a) of the Immigration and Nationality Act

19 (8 U.S.C. 1221(a)) is amended in the first sentence

20 by striking ‘‘typewritten’’ and inserting ‘‘electronic,

21 typewritten,’’.

22 (2) INFORMATION CONTAINED IN PASSENGER

23 MANIFEST.—Section 231(a) of such Act (8 U.S.C.

24 1221(a)) is further amended by inserting imme25 diately before the period at the end of the second
35

•HR 1301 IH

1 sentence ‘‘, except that regulations concerning the

2 information contained in such lists may not require

3 information other than the full name, date of birth,

4 passport number, and citizenship of the person

5 transported, and information identifying the flight

6 on which the person was transported’’.

7 (b) INSPECTION BY IMMIGRATION OFFICERS.—Sec8 tion 235(a) of the Immigration and Nationality Act (8

9 U.S.C. 1225(a)) is amended by adding after the second

10 sentence the following: ‘‘Except as the Attorney General

11 may provide, nothing in this section shall be construed as

12 requiring a personal interview in the conduct of an exam13 ination or inspection.’’.

14 (c) PROVISION OF IMMIGRATION INSPECTION AND

15 PREINSPECTION SERVICES.—

16 (1) IN GENERAL.—Section 286 of the Immigra17 tion and Nationality Act (8 U.S.C. 1356) is amend18 ed—

19 (A) in subsection (g) by striking ‘‘forty20 five’’ and inserting ‘‘thirty’’; and

21 (B) in subsection (l)—

22 (i) by striking ‘‘forty-five’’ and insert23 ing ‘‘thirty’’; and

24 (ii) by striking ‘‘March 31st’’ and in25 serting ‘‘January 31st’’.
36

•HR 1301 IH

1 (2) EFFECTIVE DATE.—The amendments made

2 by paragraph (1) shall apply to passengers arriving

3 on or after 60 days after the date of the enactment

4 of this Act.

5 (d) EXPEDITED PROCESS FOR THE INSPECTION OF

6 CITIZENS.—

7 (1) IN GENERAL.—Section 235A of the Immi8 gration and Nationality Act, as inserted by section

9 1(a) of this Act, is amended—

10 (A) in the heading, by adding at the end

11 the following: ‘‘; EXPEDITED PROCESS FOR THE

12 INSPECTION OF CITIZENS’’, and

13 (B) by adding at the end the following new

14 subsection:

15 ‘‘(d) EXPEDITED PROCESS FOR THE INSPECTION OF

16 CITIZENS.—Not later than 90 days after the date of the

17 enactment of this section, the Attorney General shall im18 plement an expedited process for the inspection of United

19 States citizens upon arrival from abroad by air at ports

20 of entry within the United States. An expedited process

21 shall be maintained except during a national or airport

22 specific security emergency as determined by the Attorney

23 General.’’.

24 (2) CLERICAL AMENDMENT.—The item in the

25 table of contents of such Act relating to section
37

•HR 1301 IH

1 235A, as inserted by section 1(b) of this title, is

2 amended to read as follows:

‘‘Sec. 235A. Preinspection at foreign airports; expedited process for the inspection of citizens.’’.

3 TITLE IV—INTERNATIONAL

4 TERRORISM

5 SEC. 401. PROTECTION OF PARTICIPANTS IN THE REWARDS

6 PROGRAM.

7 Subsection 36(e) of the State Department Basic Au8 thorities Act (22 U.S.C. 2708) is amended by inserting

9 ‘‘(1)’’ immediately following ‘‘(e)’’ and by adding the

10 following new paragraph:

11 ‘‘(2)(A) Whenever the information which would jus12 tify a reward under subsection (a) is furnished by an alien

13 and the Secretary of State and the Attorney General joint14 ly determine that the protection of such alien or the alien’s

15 immediate family requires the admission of such alien or

16 aliens to the United States, then such alien, and the

17 alien’s immediate relatives, if necessary, may be issued

18 visas and admitted to the United States for permanent

19 residence, without regard to the requirements of the Immi20 gration and Nationality Act (8 U.S.C. 1101 et seq.).

21 ‘‘(B) The total number of aliens admitted to the

22 United States under subparagraph (A) shall not exceed

23 25 in any one fiscal year.
38

•HR 1301 IH

1 ‘‘(C) For purposes of this paragraph, the term ‘imme2 diate relative’ has the same meaning given to such term

3 in section 201(b)(2) of the Immigration and Nationality

4 Act (8 U.S.C. 1151(b)(2)).’’.

5 SEC. 402. PENALTIES FOR INTERNATIONAL TERRORIST

6 ACTS.

7 Section 2331 of title 18, United States Code, as

8 amended by subtitle A of this title, is further amended—

9 (1) in subsection (a)—

10 (A) in paragraph (2) by striking ‘‘ten’’ and

11 inserting ‘‘twenty’’; and

12 (B) in paragraph (3) by striking ‘‘three’’

13 and inserting ‘‘ten’’; and

14 (2) in subsection (c) by striking ‘‘five’’ and in15 serting ‘‘ten’’.

16 SEC. 403. OFFENSES OF VIOLENCE AGAINST MARITIME

17 NAVIGATION OR FIXED PLATFORMS.

18 Chapter 111 of title 18, United States Code, is

19 amended by adding at the end the following:

20 ‘‘§ 2280. Violence against maritime navigation

21 ‘‘(a) Whoever unlawfully and intentionally—

22 ‘‘(1) seizes or exercises control over a ship by

23 force or threat thereof or any other form of intimi24 dation;
39

•HR 1301 IH

1 ‘‘(2) performs an act of violence against a per2 son on board a ship if that act is likely to endanger

3 the safe navigation of that ship;

4 ‘‘(3) destroys a ship or causes damage to a ship

5 or to its cargo which is likely to endanger the safe

6 navigation of that ship;

7 ‘‘(4) places or causes to be placed on a ship, by

8 any means whatsoever, a device or substance which

9 is likely to destroy that ship, or cause damage to

10 that ship or its cargo which endangers or is likely

11 to endanger the safe navigation of that ship;

12 ‘‘(5) destroys or seriously damages maritime

13 navigational facilities or seriously interferes with

14 their operation, if such act is likely to endanger the

15 safe navigation of a ship;

16 ‘‘(6) communicates information, knowing the

17 information to be false and under circumstances in

18 which such information may reasonably be believed,

19 thereby endangering the safe navigation of a ship;

20 ‘‘(7) injures or kills any person in connection

21 with the commission or the attempted commission of

22 any of the offenses set forth in paragraphs (1)

23 through (6); or

24 ‘‘(8) attempts to do any act prohibited under

25 paragraphs (1) through (7);
40

•HR 1301 IH

1 shall be fined under this title or imprisoned not more than

2 twenty years, or both; and if the death of any person re3 sults, from conduct prohibited by this subsection, shall be

4 punished by death or imprisoned for any term of years

5 or for life.

6 ‘‘(b) Whoever threatens to do any act prohibited

7 under paragraphs (2), (3) or (5) of subsection (a), with

8 apparent determination and will to carry the threat into

9 execution, if the threatened act is likely to endanger the

10 safe navigation of the ship in question, shall be fined

11 under this title or imprisoned not more than five years,

12 or both.

13 ‘‘(c) There is jurisdiction over the prohibited activity

14 in subsections (a) and (b)—

15 ‘‘(1) in the case of a covered ship, if—

16 ‘‘(A) such activity is committed—

17 ‘‘(i) by a person engaged in terrorism

18 or who acts on behalf of a terrorist group;

19 ‘‘(ii) against or on board a ship flying

20 the flag of the United States at the time

21 the prohibited activity is committed;

22 ‘‘(iii) in the United States and the ac23 tivity is not prohibited as a crime by the

24 State in which the activity takes place; or
41

•HR 1301 IH

1 ‘‘(iv) the activity takes place on a ship

2 flying the flag of a foreign country or out3 side the United States, by a national of the

4 United States or by a stateless person

5 whose habitual residence is in the United

6 States;

7 ‘‘(B) during the commission of such activ8 ity, a national of the United States is seized,

9 threatened, injured or killed; or

10 ‘‘(C) the offender is later found in the

11 United States after such activity is committed;

12 ‘‘(2) in the case of a ship navigating or sched13 uled to navigate solely within the territorial sea or

14 internal waters of a country other than the United

15 States, if the offender is later found in the United

16 States after such activity is committed; and

17 ‘‘(3) in the case of any vessel, if such activity

18 is committed in an attempt to compel the United

19 States to do or abstain from doing any act.

20 ‘‘(d) As used in this section, the term—

21 ‘‘(1) the term ‘ship’ means a vessel of any type

22 whatsoever not permanently attached to the sea-bed,

23 including dynamically supported craft, submersibles

24 or any other floating craft; but such term does not

25 include a warship, a ship owned or operated by a
42

•HR 1301 IH

1 government when being used as a naval auxiliary or

2 for customs or police purposes, or a ship which has

3 been withdrawn from navigation or laid up;

4 ‘‘(2) the term ‘covered ship’ means a ship that

5 is navigating or is scheduled to navigate into,

6 through or from waters beyond the outer limit of the

7 territorial sea of a single country or a lateral limit

8 of that country’s territorial sea with an adjacent

9 country;

10 ‘‘(3) the term ‘national of the United States’

11 has the meaning given such term in section

12 101(a)(22) of the Immigration and Nationality Act

13 (8 U.S.C. 1101(a)(22));

14 ‘‘(4) the term ‘territorial sea of the United

15 States’ means all waters extending seaward to 12

16 nautical miles from the baselines of the United

17 States determined in accordance with international

18 law; and

19 ‘‘(5) the term ‘United States’, when used in a

20 geographical sense, includes the Commonwealth of

21 Puerto Rico, the Commonwealth of the Northern

22 Marianas Islands and all territories and possessions

23 of the United States.

24 ‘‘§ 2281. Violence against maritime fixed platforms

25 ‘‘(a) Whoever unlawfully and intentionally—
43

•HR 1301 IH

1 ‘‘(1) seizes or exercises control over a fixed

2 platform by force or threat thereof or any other

3 form of intimidation;

4 ‘‘(2) performs an act of violence against a per5 son on board a fixed platform if that act is likely to

6 endanger its safety;

7 ‘‘(3) destroys a fixed platform or causes dam8 age to it which is likely to endanger its safety;

9 ‘‘(4) places or causes to be placed on a fixed

10 platform, by any means whatsoever, a device or sub11 stance which is likely to destroy that fixed platform

12 or likely to endanger its safety;

13 ‘‘(5) injures or kills any person in connection

14 with the commission or the attempted commission of

15 any of the offenses set forth in paragraphs (1)

16 through (4); or

17 ‘‘(6) attempts to do anything prohibited under

18 paragraphs (1) through (5);

19 shall be fined under this title or imprisoned not more than

20 twenty years, or both; and if death results to any person

21 from conduct prohibited by this subsection, shall be pun22 ished by death or imprisoned for any term of years or for

23 life.

24 ‘‘(b) Whoever threatens to do anything prohibited

25 under paragraphs (2) or (3) of subsection (a), with appar-
44

•HR 1301 IH

1 ent determination and will to carry the threat into execu2 tion, if the threatened act is likely to endanger the safety

3 of the fixed platform, shall be fined under this title or

4 imprisoned not more than five years, or both.

5 ‘‘(c) There is jurisdiction over the prohibited activity

6 in subsections (a) and (b) if—

7 ‘‘(1) such activity is committed against or on

8 board a fixed platform—

9 ‘‘(A) that is located on the continental

10 shelf of the United States, if—

11 ‘‘(i) by a person engaged in terrorism

12 or who acts on behalf of a terrorist group;

13 or

14 ‘‘(ii) if the activity is not prohibited as

15 a crime by the State in which the activity

16 takes place;

17 ‘‘(B) that is located on the continental

18 shelf of another country, by a national of the

19 United States or by a stateless person whose

20 habitual residence is in the United States; or

21 ‘‘(C) in an attempt to compel the United

22 States to do or abstain from doing any act;

23 ‘‘(2) during the commission of such activity

24 against or on board a fixed platform located on a
45

•HR 1301 IH

1 continental shelf, a national of the United States is

2 seized, threatened, injured or killed; or

3 ‘‘(3) such activity is committed against or on

4 board a fixed platform located outside the United

5 States and beyond the continental shelf of the Unit6 ed States and the offender is later found in the

7 United States.

8 ‘‘(d) As used in this section, the term—

9 ‘‘(1) ‘continental shelf ’ means the sea-bed and

10 subsoil of the submarine areas that extend beyond a

11 country’s territorial sea to the limits provided by

12 customary international law as reflected in Article

13 76 of the 1982 Convention on the Law of the Sea;

14 ‘‘(2) ‘fixed platform’ means an artificial island,

15 installation or structure permanently attached to the

16 sea-bed for the purpose of exploration or exploitation

17 of resources or for other economic purposes;

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

19 meaning given such term in section 101(a)(22) of

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

21 1101(a)(22));

22 ‘‘(4) ‘territorial sea of the United States’ means

23 all waters extending seaward to 12 nautical miles

24 from the baselines of the United States determined

25 in accordance with international law; and
46

•HR 1301 IH

1 ‘‘(5) ‘United States’, when used in a geographi2 cal sense, includes the Commonwealth of Puerto

3 Rico, the Commonwealth of the Northern Marianas

4 Islands and all territories and possessions of the

5 United States.’’.

6 SEC. 404. CLERICAL AMENDMENTS.

7 The table of sections at the beginning of chapter 111

8 of title 18, United States Code, is amended by adding at

9 the end thereof the following:

‘‘2280. Violence against maritime navigation.

‘‘2281. Violence against maritime fixed platforms.’’.

10 SEC. 405. EFFECTIVE DATES.

11 This subtitle and the amendments made by this sub12 title shall take effect on the later of—

13 (1) the date of the enactment of this Act; or

14 (2)(A) in the case of section 2280 of title 18,

15 United States Code, the date the Convention for the

16 Suppression of Unlawful Acts Against the Safety of

17 Maritime Navigation has come into force and the

18 United States has become a party to that Conven19 tion; and

20 (B) in the case of section 2281 of title 18,

21 United States Code, the date the Protocol for the

22 Suppression of Unlawful Acts Against the Safety of

23 Fixed Platforms Located on the Continental Shelf
47

•HR 1301 IH

1 has come into force and the United States has

2 become a party to that Protocol.

3 SEC. 406. TERRITORIAL SEA EXTENDING TO TWELVE MILES

4 INCLUDED IN SPECIAL MARITIME AND TER5 RITORIAL JURISDICTION.

6 The Congress hereby declares that all the territorial

7 sea of the United States, as defined by Presidential Proc8 lamation 5928 of December 27, 1988, is part of the Unit9 ed States, subject to its sovereignty, and, for purposes of

10 Federal criminal jurisdiction, is within the special mari11 time and territorial jurisdiction of the United States wher12 ever that term is used in title 18, United States Code.

13 SEC. 407. ASSIMILATED CRIMES IN EXTENDED TERRI14 TORIAL SEA.

15 Section 13 of title 18, United States Code (relating

16 to the adoption of State laws for areas within Federal

17 jurisdiction), is amended by—

18 (1) inserting after ‘‘title’’ in subsection (a) the

19 following: ‘‘or on, above, or below any portion of the

20 territorial sea of the United States not within the

21 territory of any State, Territory, Possession, or

22 District’’; and

23 (2) inserting at the end thereof the following

24 new subsection:
48

•HR 1301 IH

1 ‘‘(c) Whenever any waters of the territorial sea of the

2 United States lie outside the territory of any State, Terri3 tory, Possession, or District, such waters (including the

4 airspace above and the seabed and subsoil below, and arti5 ficial islands and fixed structures erected thereon) shall

6 be deemed for purposes of subsection (a) to lie within the

7 area of that State, Territory, Possession, or District it

8 would lie within if the boundaries of such State, Territory,

9 Possession, or District were extended seaward to the outer

10 limit of the territorial sea of the United States.’’.

11 SEC. 408. JURISDICTION OVER CRIMES AGAINST UNITED

12 STATES NATIONALS ON CERTAIN FOREIGN

13 SHIPS.

14 Section 7 of title 18, United States Code (relating

15 to the special maritime and territorial jurisdiction of the

16 United States), is amended by inserting at the end thereof

17 the following new paragraph:

18 ‘‘(8) To the extent permitted by international law,

19 any foreign vessel during a voyage having a scheduled de20 parture from or arrival in the United States with respect

21 to an offense committed by or against a national of the

22 United States.’’.
49

•HR 1301 IH

1 SEC. 409. TORTURE.

2 (a) IN GENERAL.—Part I of title 18, United States

3 Code, is amended by inserting after chapter 113A the fol4 lowing new chapter:

5 ‘‘CHAPTER 113B—TORTURE

‘‘Sec.

2340. Definitions.

2340A. Torture.

2340B. Exclusive remedies.

6 ‘‘§ 2340. Definitions

7 ‘‘As used in this chapter—

8 ‘‘(1) ‘torture’ means an act committed by a per9 son acting under the color of law specifically in10 tended to inflict severe physical or mental pain or

11 suffering (other than pain or suffering incidental to

12 lawful sanctions) upon another person within his

13 custody or physical control.

14 ‘‘(2) ‘severe mental pain or suffering’ means

15 the prolonged mental harm caused by or resulting

16 from: (a) the intentional infliction or threatened in17 fliction of severe physical pain or suffering; (b) the

18 administration or application, or threatened adminis19 tration or application, of mind altering substances or

20 other procedures calculated to disrupt profoundly

21 the senses or the personality; (c) the threat of immi22 nent death; or (d) the threat that another person

23 will imminently be subjected to death, severe phys-
50

•HR 1301 IH

1 ical pain or suffering, or the administration or appli2 cation of mind altering substances or other proce3 dures calculated to disrupt profoundly the senses or

4 personality.

5 ‘‘(3) ‘United States’ includes all areas under

6 the jurisdiction of the United States including any

7 of the places within the provisions of sections 5 and

8 7 of this title and section 101(38) of the Federal

9 Aviation Act of 1958, as amended (49 U.S.C. App.

10 1301(38)).

11 ‘‘§ 2340A. Torture

12 ‘‘(a) Whoever outside the United States commits or

13 attempts to commit torture shall be fined under this title

14 or imprisoned not more than twenty years, or both; and

15 if death results to any person from conduct prohibited by

16 this subsection, shall be punished by death or imprisoned

17 for any term of years or for life.

18 ‘‘(b) There is jurisdiction over the prohibited activity

19 in subsection (a) if: (1) the alleged offender is a national

20 of the United States; or (2) the alleged offender is present

21 in the United States, irrespective of the nationality of the

22 victim or the alleged offender.

23 ‘‘§ 2340B. Exclusive remedies

24 ‘‘Nothing in this chapter shall be construed as pre25 cluding the application of State or local laws on the same
51

•HR 1301 IH

1 subject, nor shall anything in this chapter be construed

2 as creating any substantive or procedural right enforceable

3 by law by any party in any civil proceeding.’’.

4 (b) CLERICAL AMENDMENT.—The table of chapters

5 for part I of title 18, United States Code, is amended by

6 inserting after the item for chapter 113A the following

7 new item:

‘‘113B. Torture ..................................................................................... 2340.’’.

8 (c) EFFECTIVE DATE.—This section shall take effect

9 on the later of—

10 (1) the date of enactment of this section; or

11 (2) the date the United States has become a

12 party to the Convention Against Torture and Other

13 Cruel, Inhuman or Degrading Treatment or

14 Punishment.

15 SEC. 410. COUNTERFEITING UNITED STATES CURRENCY

16 ABROAD.

17 (a) IN GENERAL.—Chapter 25 of title 18, United

18 States Code, is amended by adding before section 471 the

19 following new section:

20 ‘‘§ 470. Counterfeit acts committed outside the Unit21 ed States

22 ‘‘Whoever, outside the United States, engages in the

23 act of—
52

•HR 1301 IH

1 ‘‘(1) making, dealing, or possessing any coun2 terfeit obligation or other security of the United

3 States; or

4 ‘‘(2) making, dealing, or possessing any plate,

5 stone, or other thing, or any part thereof, used to

6 counterfeit such obligation or security,

7 if such act would constitute a violation of section 471, 473,

8 or 474 of this title if committed within the United States,

9 shall be fined under this title, imprisoned for not more

10 than 15 years, or both.’’.

11 (b) TABLE OF SECTIONS.—The table of sections for

12 chapter 25 of title 18, United States Code, is amended

13 by adding before section 471 the following:

‘‘471. Counterfeit acts committed outside the United States.’’.

14 (c) TABLE OF CHAPTERS.—The table of chapters at

15 the beginning of part I of title 18, United States Code,

16 is amended by striking the item for chapter 25 and

17 inserting the following:

‘‘25. Counterfeiting and forgery ................................................... 470’’.

18 SEC. 411. TERRORIST DEATH PENALTY ACT.

19 Section 2332(a)(1) of title 18 of the United States

20 Code is amended to read as follows:

21 ‘‘(1)(A) if the killing is murder as defined in

22 section 1111(a) of this title, be fined under this title,

23 punished by death or imprisonment for any term of

24 years or for life, or both;’’.
53

•HR 1301 IH

1 SEC. 412. FOREIGN MURDER OF UNITED STATES NATION2 ALS.

3 (a) IN GENERAL.—Chapter 51 of title 18, United

4 States Code, is amended by adding at the end thereof the

5 following new section:

6 ‘‘§ 1118. Foreign murder of United States nationals

7 ‘‘(a) Whoever, being a national of the United States,

8 kills or attempts to kill a national of the United States

9 while such national is outside the United States but within

10 the jurisdiction of another country shall be punished as

11 provided under sections 1111, 1112, and 1113 of this title.

12 ‘‘(b) No prosecution may be instituted against any

13 person under this section except upon the written approval

14 of the Attorney General, the Deputy Attorney General, or

15 an Assistant Attorney General, which function of approv16 ing prosecutions may not be delegated. No prosecution

17 shall be approved if prosecution has been previously un18 dertaken by a foreign country for the same act or

19 omission.

20 ‘‘(c) No prosecution shall be approved under this sec21 tion unless the Attorney General, in consultation with the

22 Secretary of State, determines that the act or omission

23 took place in a country in which the person is no longer

24 present, and the country lacks the ability to lawfully se25 cure the person’s return. A determination by the Attorney
54

•HR 1301 IH

1 General under this subsection is not subject to judicial re2 view.

3 ‘‘(d) As used in this section, the term ‘national of

4 the United States’ has the meaning given such term in

5 section 101(a)(22) of the Immigration and Nationality Act

6 (8 U.S.C. 1101(a)(22)).’’.

7 (b) CONFORMING AMENDMENT.—Section 1117 of

8 title 18, United States Code, is amended by striking ‘‘or

9 1116’’ and inserting ‘‘1116, or 1118’’.

10 (c) CLERICAL AMENDMENT.—The table of sections

11 at the beginning of chapter 51 of title 18, United States

12 Code, is amended by adding at the end the following new

13 item:

‘‘1118. Foreign murder of United States nationals.’’.

14 TITLE V—AUTHORIZATIONS TO

15 EXPAND COUNTER-TERROR16 IST OPERATIONS

17 SEC. 501. AUTHORIZATIONS OF APPROPRIATIONS.

18 There is authorized to be appropriated in each of the

19 fiscal years 1992, 1993 and 1994, in addition to any other

20 amounts specified in appropriations Acts, for counter-ter21 rorist operations and programs:

22 (1) for the Federal Bureau of Investigation,

23 $20,000,000;

24 (2) for the Department of State, $5,000,000;
55

•HR 1301 IH

1 (3) for the United States Customs Service,

2 $5,000,000;

3 (4) for the United States Secret Service,

4 $2,500,000;

5 (5) for the Bureau of Alcohol, Tobacco and

6 Firearms, $10,000,000;

7 (6) for the Federal Aviation Administration,

8 $2,500,000;

9 (7) for the Immigration and Naturalization

10 Service, $5,000,000; and

11 (8) for grants to state and local law enforce12 ment agencies, to be administered by the Office of

13 Justice Programs in the Department of Justice, in

14 consultation with the Federal Bureau of Investiga15 tion, $25,000,000.

Æ

HR 1301 IH——2

HR 1301 IH——3

HR 1301 IH——4