104TH CONGRESS

1ST SESSION S. 735

AN ACT

To prevent and punish acts of terrorism, and for other

purposes.

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 ‘‘Comprehensive Terror5 ism Prevention Act of 1995’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 The table of contents of this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—SUBSTANTIVE CRIMINAL LAW ENHANCEMENTS

Sec. 101. Increased penalty for conspiracies involving explosives.

Sec. 102. Acts of terrorism transcending national boundaries.

Sec. 103. Conspiracy to harm people and property overseas.

Sec. 104. Increased penalties for certain terrorism crimes.

Sec. 105. Mandatory penalty for transferring an explosive material knowing

that it will be used to commit a crime of violence.

Sec. 106. Penalty for possession of stolen explosives.

Sec. 107. Enhanced penalties for use of explosives or arson crimes.

Sec. 108. Increased periods of limitation for National Firearms Act violations.

TITLE II—COMBATING INTERNATIONAL TERRORISM

Sec. 201. Findings.

Sec. 202. Prohibition on assistance to countries that aid terrorist states.

Sec. 203. Prohibition on assistance to countries that provide military equipment

to terrorist states.

Sec. 204. Opposition to assistance by international financial institutions to terrorist states.

Sec. 205. Antiterrorism assistance.

Sec. 206. Jurisdiction for lawsuits against terrorist states.

Sec. 207. Report on support for international terrorists.

Sec. 208. Definition of assistance.

Sec. 209. Waiver authority concerning notice of denial of application for visas.

Sec. 210. Membership in a terrorist organization as a basis for exclusion from

the United States under the Immigration and Nationality Act.

TITLE III—ALIEN REMOVAL

Sec. 301. Alien terrorist removal.

Sec. 302. Extradition of aliens.

Sec. 303. Changes to the Immigration and Nationality Act to facilitate removal

of alien terrorists.

Sec. 304. Access to certain confidential immigration and naturalization files

through court order.

TITLE IV—CONTROL OF FUNDRAISING FOR TERRORISM

ACTIVITIES

Sec. 401. Prohibition on terrorist fundraising.

Sec. 402. Correction to material support provision.

TITLE V—ASSISTANCE TO FEDERAL LAW ENFORCEMENT

AGENCIES

Subtitle A—Antiterrorism Assistance

Sec. 501. Disclosure of certain consumer reports to the Federal Bureau of Investigation for foreign counterintelligence investigations.
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Sec. 502. Access to records of common carriers, public accommodation facilities, physical storage facilities, and vehicle rental facilities in

foreign counterintelligence and counterterrorism cases.

Sec. 503. Increase in maximum rewards for information concerning international terrorism.

Subtitle B—Intelligence and Investigation Enhancements

Sec. 511. Study and report on electronic surveillance.

Sec. 512. Authorization for interceptions of communications in certain terrorism related offenses.

Sec. 513. Requirement to preserve evidence.

Subtitle C—Additional Funding for Law Enforcement

Sec. 521. Federal Bureau of Investigation assistance to combat terrorism.

Sec. 522. Authorization of additional appropriations for the United States Customs Service.

Sec. 523. Authorization of additional appropriations for the Immigration and

Naturalization Service.

Sec. 524. Drug Enforcement Administration.

Sec. 525. Department of Justice.

Sec. 526. Authorization of additional appropriations for the Department of the

Treasury.

Sec. 527. Funding source.

Sec. 528. Deterrent against Terrorist Activity Damaging a Federal Interest

Computer.

TITLE VI—CRIMINAL PROCEDURAL IMPROVEMENTS

Subtitle A—Habeas Corpus Reform

Sec. 601. Filing deadlines.

Sec. 602. Appeal.

Sec. 603. Amendment of Federal Rules of Appellate Procedure.

Sec. 604. Section 2254 amendments.

Sec. 605. Section 2255 amendments.

Sec. 606. Limits on second or successive applications.

Sec. 607. Death penalty litigation procedures.

Sec. 608. Technical amendment.

Subtitle B—Criminal Procedural Improvements

Sec. 621. Clarification and extension of criminal jurisdiction over certain terrorism offenses overseas.

Sec. 622. Expansion of territorial sea.

Sec. 623. Expansion of weapons of mass destruction statute.

Sec. 624. Addition of terrorism offenses to the RICO statute.

Sec. 625. Addition of terrorism offenses to the money laundering statute.

Sec. 626. Protection of current or former officials, officers, or employees of the

United States.

Sec. 627. Addition of conspiracy to terrorism offenses.

Sec. 628. Clarification of Federal jurisdiction over bomb threats.

TITLE VII—MARKING OF PLASTIC EXPLOSIVES

Sec. 701. Findings and purposes.

Sec. 702. Definitions.
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Sec. 703. Requirement of detection agents for plastic explosives.

Sec. 704. Criminal sanctions.

Sec. 705. Exceptions.

Sec. 706. Investigative authority.

Sec. 707. Effective date.

Sec. 708. Study and requirements for tagging of explosive materials, and study

and recommendations for rendering explosive components inert

and imposing controls on precursors of explosives.

TITLE VIII—NUCLEAR MATERIALS

Sec. 801. Findings and purpose.

Sec. 802. Expansion of scope and jurisdictional bases of nuclear materials prohibitions.

TITLE IX—MISCELLANEOUS PROVISIONS

Sec. 901. Prohibition on distribution of information relating to explosive materials for a criminal purpose.

Sec. 902. Designation of Cartney Koch McRaven Child Development Center.

Sec. 903. Foreign air travel safety.

Sec. 904. Proof of citizenship.

Sec. 905. Cooperation of fertilizer research centers.

Sec. 906. Special assessments on convicted persons.

Sec. 907. Prohibition on assistance under Arms Export Control Act for countries not cooperating fully with United States antiterrorism efforts.

Sec. 908. Authority to request military assistance with respect to offenses involving biological and chemical weapons.

Sec. 909. Revision to existing authority for multipoint wiretaps.

Sec. 910. Authorization of additional appropriations for the United States Park

Police.

Sec. 911. Authorization of additional appropriations for the Administrative Office of the United States Courts.

Sec. 912. Authorization of additional appropriations for the United States Customs Service.

Sec. 913. Severability.

TITLE X—VICTIMS OF TERRORISM ACT

Sec. 1001. Title.

Sec. 1002. Authority to provide assistance and compensation to victims of terrorism.

Sec. 1003. Funding of compensation and assistance to victims of terrorism,

mass violence, and crime.

Sec. 1004. Crime victims fund amendments.
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1 TITLE I—SUBSTANTIVE

2 CRIMINAL LAW ENHANCEMENTS

3 SEC. 101. INCREASED PENALTY FOR CONSPIRACIES IN4 VOLVING EXPLOSIVES.

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

6 amended by adding at the end the following new sub7 section:

8 ‘‘(n) Except as otherwise provided in this section, a

9 person who conspires to commit any offense defined in this

10 chapter shall be subject to the same penalties (other than

11 the penalty of death) as those prescribed for the offense

12 the commission of which was the object of the conspir13 acy.’’.

14 SEC. 102. ACTS OF TERRORISM TRANSCENDING NATIONAL

15 BOUNDARIES.

16 (a) REDESIGNATION.—(1) Chapter 113B of title 18,

17 United States Code (relating to torture) is redesignated

18 as chapter 113C.

19 (2) The chapter analysis of title 18, United States

20 Code, is amended by striking ‘‘113B’’ the second place

21 it appears and inserting ‘‘113C’’.

22 (b) OFFENSE.—Chapter 113B of title 18, United

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

24 the following new section:
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1 ‘‘§ 2332b. Acts of terrorism transcending national

2 boundaries

3 ‘‘(a) PROHIBITED ACTS.—

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

5 subsection (b), commits an act within the United

6 States that if committed within the special maritime

7 and territorial jurisdiction of the United States

8 would be in violation of section 113(a), (1), (2), (3),

9 (6), or (7), 114, 1111, 1112, 1201, or 1363 shall be

10 punished as prescribed in subsection (c).

11 ‘‘(2) Whoever threatens, attempts, or conspires

12 to commit an offense under paragraph (1) shall be

13 punished under subsection (c).

14 ‘‘(b) JURISDICTIONAL BASES.—

15 ‘‘(1) This section applies to conduct described

16 in subsection (a) if—

17 ‘‘(A) the mail, or any facility utilized in

18 interstate commerce, is used in furtherance of

19 the commission of the offense;

20 ‘‘(B) the offense obstructs, delays, or af21 fects interstate or foreign commerce in any way

22 or degree, or would have obstructed, delayed, or

23 affected interstate or foreign commerce if the

24 offense had been consummated;

25 ‘‘(C) the victim or intended victim is the

26 United States Government or any official, offi-
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1 cer, employee, or agent of the legislative, execu2 tive, or judicial branches, or of any department

3 or agency, of the United States;

4 ‘‘(D) the structure, conveyance, or other

5 real or personal property was in whole or in

6 part owned, possessed, or used by, or leased to

7 the United States, or any department or agency

8 thereof;

9 ‘‘(E) the offense is committed in the terri10 torial sea (including the airspace above and the

11 seabed and subsoil below, and artificial islands

12 and fixed structures erected thereon) of the

13 United States; or

14 ‘‘(F) the offense is committed in places

15 within the United States that are in the special

16 maritime and territorial jurisdiction of the

17 United States.

18 ‘‘(2) Jurisdiction shall exist over all principals,

19 coconspirators, and accessories after the fact, of an

20 offense under subsection (a) if at least one of the

21 circumstances described in paragraph (1) is applica22 ble to at least one offender.

23 ‘‘(c) PENALTIES.—
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1 ‘‘(1) Whoever violates this section shall, in addi2 tion to the punishment provided for any other crime

3 charged in the indictment, be punished—

4 ‘‘(A) if death results to any person, by

5 death, or by imprisonment for any term of

6 years or for life;

7 ‘‘(B) for kidnapping, by imprisonment for

8 any term of years or for life;

9 ‘‘(C) for maiming, by imprisonment for not

10 more than 35 years;

11 ‘‘(D) for assault with intent to commit

12 murder or any other felony or with a dangerous

13 weapon or assault resulting in serious bodily in14 jury, by imprisonment for not more than 30

15 years;

16 ‘‘(E) for destroying or damaging any

17 structure, conveyance, or other real or personal

18 property, by imprisonment for not more than

19 25 years;

20 ‘‘(F) for attempting or conspiring to com21 mit the offense, for any term of years up to the

22 maximum punishment that would have applied

23 had the offense been completed; and
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1 ‘‘(G) for threatening to commit the of2 fense, by imprisonment for not more than 10

3 years.

4 ‘‘(2) Notwithstanding any other provision of

5 law, the court shall not place on probation any per6 son convicted of a violation of this section.

7 ‘‘(d) LIMITATION ON PROSECUTION.—No indictment

8 for any offense described in this section shall be sought

9 by the United States except after the Attorney General,

10 or the highest ranking subordinate of the Attorney Gen11 eral with responsibility for criminal prosecutions, has

12 made a written certification that, in the judgment of the

13 certifying official—

14 ‘‘(1) such offense, or any activity preparatory to

15 its commission, transcended national boundaries;

16 and

17 ‘‘(2) the offense appears to have been intended

18 to coerce, intimidate, or retaliate against a govern19 ment or a civilian population, including any segment

20 thereof.

21 ‘‘(e) INVESTIGATIVE RESPONSIBILITY.—Violations of

22 this section shall be investigated by the Federal Bureau

23 of Investigation. Nothing in this section shall be construed

24 to interfere with the authority of the United States Secret
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1 Service under section 3056, or with its investigative au2 thority with respect to sections 871 and 879.

3 ‘‘(f) EVIDENCE.—In a prosecution under this section,

4 the United States shall not be required to prove knowledge

5 by any defendant of a jurisdictional base alleged in the

6 indictment.

7 ‘‘(g) EXTRATERRITORIAL JURISDICTION.—There is

8 extraterritorial Federal jurisdiction over—

9 ‘‘(1) any offense under subsection (a); and

10 ‘‘(2) conduct that, under section 3, renders any

11 person an accessory after the fact to an offense

12 under subsection (a).

13 ‘‘(h) DEFINITIONS.—As used in this section—

14 ‘‘(1) the term ‘commerce’ has the meaning

15 given such term in section 1951(b)(3);

16 ‘‘(2) the term ‘facility utilized in interstate com17 merce’ includes means of transportation, commu18 nication, and transmission;

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

20 has the meaning given such term in section

21 101(a)(22) of the Immigration and Nationality Act

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

23 ‘‘(4) the term ‘serious bodily injury’ has the

24 meaning given such term in section 1365(g)(3); and
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1 ‘‘(5) the term ‘territorial sea of the United

2 States’ means all waters extending seaward to 12

3 nautical miles from the baselines of the United

4 States determined in accordance with international

5 law.’’.

6 (c) TECHNICAL AMENDMENT.—The chapter analysis

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

8 amended by inserting after the item relating to section

9 2332a, the following new item:

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

10 (d) STATUTE OF LIMITATIONS AMENDMENT.—Sec11 tion 3286 of title 18, United States Code, is amended—

12 (1) by striking ‘‘any offense’’ and inserting

13 ‘‘any noncapital offense’’;

14 (2) by striking ‘‘36’’ and inserting ‘‘37’’;

15 (3) by striking ‘‘2331’’ and inserting ‘‘2332’’;

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

17 and

18 (5) by inserting ‘‘2332b (acts of terrorism tran19 scending national boundaries),’’ after ‘‘(use of weap20 ons of mass destruction),’’.

21 (e) PRESUMPTIVE DETENTION.—Section 3142(e) of

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

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

24 (f) EXPANSION OF PROVISION RELATING TO DE25 STRUCTION OR INJURY OF PROPERTY WITHIN SPECIAL
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1 MARITIME AND TERRITORIAL JURISDICTION.—Section

2 1363 of title 18, United States Code, is amended by strik3 ing ‘‘any building, structure or vessel, any machinery or

4 building materials and supplies, military or naval stores,

5 munitions of war or any structural aids or appliances for

6 navigation or shipping’’ and inserting ‘‘any structure, con7 veyance, or other real or personal property’’.

8 SEC. 103. CONSPIRACY TO HARM PEOPLE AND PROPERTY

9 OVERSEAS.

10 (a) IN GENERAL.—Section 956 of title 18, United

11 States Code, is amended to read as follows:

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

13 certain property in a foreign country

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

15 States, conspires with one or more other persons, regard16 less of where such other person or persons is located, to

17 commit at any place outside the United States an act that

18 would constitute the offense of murder, kidnapping, or

19 maiming if committed in the special maritime and terri20 torial jurisdiction of the United States, shall, if he or any

21 such other person commits an act within the jurisdiction

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

23 be punished as provided in paragraph (2).

24 ‘‘(2) The punishment for an offense under paragraph

25 (1) is—
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1 ‘‘(A) imprisonment for any term of years or for

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

3 and

4 ‘‘(B) imprisonment for not more than 35 years

5 if the offense is conspiracy to maim.

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

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

8 where such other person or persons is located, to injure

9 or destroy specific property situated within a foreign coun10 try and belonging to a foreign government or to any politi11 cal subdivision thereof with which the United States is at

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

13 other public utility, public conveyance, or public structure,

14 or any religious, educational, or cultural property so situ15 ated, shall, if he or any such other person commits an

16 act within the jurisdiction of the United States to effect

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

18 25 years.’’.

19 (b) CLERICAL AMENDMENT.—The chapter analysis

20 for chapter 45 of title 18, United States Code, is amended

21 by striking the item relating to section 956 and inserting

22 the following:

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

country.’’.
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1 SEC. 104. INCREASED PENALTIES FOR CERTAIN TERROR2 ISM CRIMES.

3 (a) IN GENERAL.—Title 18, United States Code, is

4 amended—

5 (1) in section 114, by striking ‘‘maim or dis6 figure’’ and inserting ‘‘torture (as defined in section

7 2340), maim, or disfigure’’;

8 (2) in section 755, by striking ‘‘two years’’ and

9 inserting ‘‘five years’’;

10 (3) in section 756, by striking ‘‘one year’’ and

11 inserting ‘‘five years’’;

12 (4) in section 878(a), by striking ‘‘by killing,

13 kidnapping, or assaulting a foreign official, official

14 guest, or internationally protected person’’;

15 (5) in section 1113, by striking ‘‘three years or

16 fined’’ and inserting ‘‘seven years’’; and

17 (6) in section 2332(c), by striking ‘‘five’’ and

18 inserting ‘‘ten’’.

19 (b) PENALTY FOR CARRYING WEAPONS OR EXPLO20 SIVES ON AN AIRCRAFT.—Section 46505 of title 49, Unit21 ed States Code, is amended—

22 (1) in subsection (b), by striking ‘‘one’’ and in23 serting ‘‘10’’; and

24 (2) in subsection (c), by striking ‘‘5’’ and in25 serting ‘‘15’’.
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1 SEC. 105. MANDATORY PENALTY FOR TRANSFERRING AN

2 EXPLOSIVE MATERIAL KNOWING THAT IT

3 WILL BE USED TO COMMIT A CRIME OF VIO4 LENCE.

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

6 amended by adding at the end the following new sub7 section:

8 ‘‘(n) Whoever knowingly transfers an explosive mate9 rial, knowing or having reasonable cause to believe that

10 such explosive material will be used to commit a crime

11 of violence (as defined in section 924(c)(3)) or drug traf12 ficking crime (as defined in section 924(c)(2)) shall be im13 prisoned for not less than 10 years, fined under this title,

14 or both.’’.

15 SEC. 106. PENALTY FOR POSSESSION OF STOLEN EXPLO16 SIVES.

17 Section 842(h) of title 18, United States Code, is

18 amended to read as follows:

19 ‘‘(h) It shall be unlawful for any person to receive,

20 possess, transport, ship, conceal, store, barter, sell, dispose

21 of, pledge, or accept as security for a loan, any stolen ex22 plosive material that is moving in, part of, constitutes, or

23 has been shipped or transported in, interstate or foreign

24 commerce, either before or after such material was stolen,

25 knowing or having reasonable cause to believe that the ex26 plosive material was stolen.’’.
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1 SEC. 107. ENHANCED PENALTIES FOR USE OF EXPLOSIVES

2 OR ARSON CRIMES.

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

4 amended—

5 (1) in subsection (e), by striking ‘‘five’’ and in6 serting ‘‘10’’;

7 (2) by amending subsection (f) to read as fol8 lows:

9 ‘‘(f)(1) Whoever maliciously damages or destroys, or

10 attempts to damage or destroy, by means of fire or an

11 explosive, any building, vehicle, or other personal or real

12 property in whole or in part owned or possessed by, or

13 leased to, the United States, or any department or agency

14 thereof, shall be imprisoned for not less than 5 years and

15 not more than 20 years. The court may order a fine of

16 not more than the greater of $100,000 or the cost of re17 pairing or replacing any property that is damaged or de18 stroyed.

19 ‘‘(2) Whoever engages in conduct prohibited by this

20 subsection, and as a result of such conduct directly or

21 proximately causes personal injury to any person, includ22 ing any public safety officer performing duties, shall be

23 imprisoned not less than 7 years and not more than 40

24 years. The court may order a fine of not more than the

25 greater of $200,000 or the cost of repairing or replacing

26 any property that is damaged or destroyed.
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1 ‘‘(3) Whoever engages in conduct prohibited by this

2 subsection, and as a result of such conduct directly or

3 proximately causes the death of any person, including any

4 public safety officer performing duties, shall be imprisoned

5 for a term of years or for life, or sentenced to death. The

6 court may order a fine of not more than the greater of

7 $200,000 or the cost of repairing or replacing any prop8 erty that is damaged or destroyed.’’.

9 (4) in subsection (h)—

10 (A) in the first sentence by striking ‘‘5

11 years but not more than 15 years’’ and insert12 ing ‘‘10 years’’; and

13 (B) in the second sentence by striking ‘‘10

14 years but not more than 25 years’’ and insert15 ing ‘‘20 years’’; and

16 (5) in subsection (i)—

17 (A) by striking ‘‘not more than 20 years,

18 fined the greater of a fine under this title or the

19 cost of repairing or replacing any property that

20 is damaged or destroyed,’’ and inserting ‘‘not

21 less than 5 years and not more than 20 years,

22 fined the greater of $100,000 or the cost of re23 pairing or replacing any property that is dam24 aged or destroyed’’;
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1 (B) by striking ‘‘not more than 40 years,

2 fined the greater of a fine under this title or the

3 cost of repairing or replacing any property that

4 is damaged or destroyed,’’ and inserting ‘‘not

5 less than 7 years and not more than 40 years,

6 fined the greater of $200,000 or the cost of re7 pairing or replacing any property that is dam8 aged or destroyed’’; and

9 (C) by striking ‘‘7 years’’ and inserting

10 ‘‘10 years’’.

11 SEC. 108. INCREASED PERIODS OF LIMITATION FOR NA12 TIONAL FIREARMS ACT VIOLATIONS.

13 Section 6531 of the Internal Revenue Code of 1986

14 is amended—

15 (1) by redesignating paragraphs (1) through

16 (8) as subparagraphs (A) through (H), respectively;

17 and

18 (2) by amending the matter immediately pre19 ceding subparagraph (A), as redesignated, to read as

20 follows: ‘‘No person shall be prosecuted, tried, or

21 punished for any criminal offense under the internal

22 revenue laws unless the indictment is found or the

23 information instituted not later than 3 years after

24 the commission of the offense, except that the period

25 of limitation shall be—
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1 ‘‘(1) 5 years for offenses described in section

2 5861 (relating to firearms and other devices); and

3 ‘‘(2) 6 years—.’’.

4 TITLE II—COMBATING

5 INTERNATIONAL TERRORISM

6 SEC. 201. FINDINGS.

7 The Congress finds that—

8 (1) international terrorism is among the most

9 serious transnational threats faced by the United

10 States and its allies, far eclipsing the dangers posed

11 by population growth or pollution;

12 (2) the President should continue to make ef13 forts to counter international terrorism a national

14 security priority;

15 (3) because the United Nations has been an in16 adequate forum for the discussion of cooperative,

17 multilateral responses to the threat of international

18 terrorism, the President should undertake immediate

19 efforts to develop effective multilateral responses to

20 international terrorism as a complement to national

21 counterterrorist efforts;

22 (4) the President should use all necessary

23 means, including covert action and military force, to

24 disrupt, dismantle, and destroy international infra-
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1 structure used by international terrorists, including

2 overseas terrorist training facilities and safe havens;

3 (5) the Congress deplores decisions to ease,

4 evade, or end international sanctions on state spon5 sors of terrorism, including the recent decision by

6 the United Nations Sanctions Committee to allow

7 airline flights to and from Libya despite Libya’s

8 noncompliance with United Nations resolutions; and

9 (6) the President should continue to undertake

10 efforts to increase the international isolation of state

11 sponsors of international terrorism, including efforts

12 to strengthen international sanctions, and should op13 pose any future initiatives to ease sanctions on

14 Libya or other state sponsors of terrorism.

15 SEC. 202. PROHIBITION ON ASSISTANCE TO COUNTRIES

16 THAT AID TERRORIST STATES.

17 The Foreign Assistance Act of 1961 (22 U.S.C. 151

18 et seq.) is amended by adding immediately after section

19 620F the following new section:

20 ‘‘SEC. 620G. PROHIBITION ON ASSISTANCE TO COUNTRIES

21 THAT AID TERRORIST STATES.

22 ‘‘(a) PROHIBITION.—No assistance under this Act

23 shall be provided to the government of any country that

24 provides assistance to the government of any other coun-
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1 try for which the Secretary of State has made a deter2 mination under section 620A’’.

3 ‘‘(b) WAIVER.—Assistance prohibited by this section

4 may be furnished to a foreign government described in

5 subsection (a) if the President determines that furnishing

6 such assistance is important to the national interests of

7 the United States and, not later than 15 days before obli8 gating such assistance, furnishes a report to the appro9 priate committees of Congress including—

10 ‘‘(1) a statement of the determination;

11 ‘‘(2) a detailed explanation of the assistance to

12 be provided;

13 ‘‘(3) the estimated dollar amount of the assist14 ance; and

15 ‘‘(4) an explanation of how the assistance fur16 thers United States national interests.’’.

17 SEC. 203. PROHIBITION ON ASSISTANCE TO COUNTRIES

18 THAT PROVIDE MILITARY EQUIPMENT TO

19 TERRORIST STATES.

20 The Foreign Assistance Act of 1961 (22 U.S.C. 151

21 et seq.) is amended by adding immediately after section

22 620G the following new section:
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1 ‘‘SEC. 620H. PROHIBITION ON ASSISTANCE TO COUNTRIES

2 THAT PROVIDE MILITARY EQUIPMENT TO

3 TERRORIST STATES.

4 ‘‘(a) PROHIBITION.—

5 ‘‘(1) IN GENERAL.—No assistance under this

6 Act shall be provided to the government of any coun7 try that provides lethal military equipment to a

8 country the government of which the Secretary of

9 State has determined is a terrorist government for

10 the purposes of 6(j) of the Export Administration

11 Act of 1979 (50 U.S.C. App. 2405(j)), or 620A of

12 the Foreign Assistance Act of 1961 (22 U.S.C.

13 2371).

14 ‘‘(2) APPLICABILITY.—The prohibition under

15 this section with respect to a foreign government

16 shall terminate 1 year after that government ceases

17 to provide lethal military equipment. This section

18 applies with respect to lethal military equipment pro19 vided under a contract entered into after the date of

20 enactment of this Act.

21 ‘‘(b) WAIVER.—Notwithstanding any other provision

22 of law, assistance may be furnished to a foreign govern23 ment described in subsection (a) if the President deter24 mines that furnishing such assistance is important to the

25 national interests of the United States and, not later than

26 15 days before obligating such assistance, furnishes a re-
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1 port to the appropriate committees of Congress includ2 ing—

3 ‘‘(1) a statement of the determination;

4 ‘‘(2) a detailed explanation of the assistance to

5 be provided;

6 ‘‘(3) the estimated dollar amount of the assist7 ance; and

8 ‘‘(4) an explanation of how the assistance fur9 thers United States national interests.’’.

10 SEC. 204. OPPOSITION TO ASSISTANCE BY INTERNATIONAL

11 FINANCIAL INSTITUTIONS TO TERRORIST

12 STATES.

13 The International Financial Institutions Act (22

14 U.S.C. 262c et seq.) is amended by inserting after section

15 1620 the following new section:

16 ‘‘SEC. 1621. OPPOSITION TO ASSISTANCE BY INTER17 NATIONAL FINANCIAL INSTITUTIONS TO TER18 RORIST STATES.

19 ‘‘(a) IN GENERAL.—The Secretary of the Treasury

20 shall instruct the United States executive director of each

21 international financial institution to vote against any loan

22 or other use of the funds of the respective institution to

23 or for a country for which the Secretary of State has made

24 a determination under section 6(j) of the Export Adminis25 tration Act of 1979 (50 U.S.C. App. 2405(j)) or section
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1 620A of the Foreign Assistance Act of 1961 (22 U.S.C.

2 2371).

3 ‘‘(b) DEFINITION.—For purposes of this section, the

4 term ‘international financial institution’ includes—

5 ‘‘(1) the International Bank for Reconstruction

6 and Development, the International Development

7 Association, and the International Monetary Fund;

8 ‘‘(2) wherever applicable, the Inter-American

9 Bank, the Asian Development Bank, the European

10 Bank for Reconstruction and Development, the Afri11 can Development Bank, and the African Develop12 ment Fund; and

13 ‘‘(3) any similar institution established after the

14 date of enactment of this section.’’.

15 SEC. 205. ANTITERRORISM ASSISTANCE.

16 (a) FOREIGN ASSISTANCE ACT.—Section 573 of the

17 Foreign Assistance Act of 1961 (22 U.S.C. 2349aa–2) is

18 amended—

19 (1) in subsection (c), by striking ‘‘development

20 and implementation of the antiterrorism assistance

21 program under this chapter, including’’;

22 (2) by amending subsection (d) to read as fol23 lows:
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1 ‘‘(d)(1) Arms and ammunition may be provided

2 under this chapter only if they are directly related to

3 antiterrorism assistance.

4 ‘‘(2) The value (in terms of original acquisition cost)

5 of all equipment and commodities provided under this

6 chapter in any fiscal year shall not exceed 30 percent of

7 the funds made available to carry out this chapter for that

8 fiscal year.’’; and

9 (3) by striking subsection (f).

10 (b) ASSISTANCE TO FOREIGN COUNTRIES TO PRO11 CURE EXPLOSIVES DETECTION DEVICES AND OTHER

12 COUNTERTERRORISM TECHNOLOGY.—(1) Subject to sec13 tion 575(b), up to $3,000,000 in any fiscal year may be

14 made available—

15 (A) to procure explosives detection devices and

16 other counterterrorism technology; and

17 (B) for joint counterterrorism research and de18 velopment projects on such technology conducted

19 with NATO and major non-NATO allies under the

20 auspices of the Technical Support Working Group of

21 the Department of State.

22 (2) As used in this subsection, the term ‘‘major non23 NATO allies’’ means those countries designated as major

24 non-NATO allies for purposes of section 2350a(i)(3) of

25 title 10, United States Code.
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1 (c) ASSISTANCE TO FOREIGN COUNTRIES.—Notwith2 standing any other provision of law (except section 620A

3 of the Foreign Assistance Act of 1961) up to $1,000,000

4 in assistance may be provided to a foreign country for

5 counterterrorism efforts in any fiscal year if—

6 (1) such assistance is provided for the purpose

7 of protecting the property of the United States Gov8 ernment or the life and property of any United

9 States citizen, or furthering the apprehension of any

10 individual involved in any act of terrorism against

11 such property or persons; and

12 (2) the appropriate committees of Congress are

13 notified not later than 15 days prior to the provision

14 of such assistance.

15 SEC. 206. JURISDICTION FOR LAWSUITS AGAINST TERROR16 IST STATES.

17 (a) EXCEPTION TO FOREIGN SOVEREIGN IMMUNITY

18 FOR CERTAIN CASES.—Section 1605 of title 28, United

19 States Code, is amended—

20 (1) in subsection (a)—

21 (A) by striking the period at the end of

22 paragraph (6) and inserting ‘‘; or’’ and

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

24 paragraph:
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1 ‘‘(7) not otherwise covered by paragraph (2) in

2 which money damages are sought against a foreign

3 government for personal injury or death that was

4 caused by an act of torture, extrajudicial killing, air5 craft sabotage, hostage taking, or the provision of

6 material support or resources (as defined in section

7 2339A of title 18, United States Code) for a person

8 carrying out such an act, by a foreign state or by

9 any official, employee, or agent of such foreign state

10 while acting within the scope of his or her office,

11 employment, or agency, except that—

12 ‘‘(A) the claimant must first afford the

13 foreign state a reasonable opportunity to arbi14 trate the claim in accordance with accepted

15 international rules of arbitration; and

16 ‘‘(B) an action under this paragraph shall

17 not be maintained unless the act upon which

18 the claim is based—

19 ‘‘(i) occurred while the individual

20 bringing the claim was a national of the

21 United States (as that term is defined in

22 section 101(a)(2) of the Immigration and

23 Nationality Act); and

24 ‘‘(ii) occurred while the foreign state

25 was designated as a state sponsor of ter-
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1 rorism under section 6(j) of the Export

2 Administration Act of 1979 (50 App.

3 U.S.C. 2405(j)) or section 620A of the

4 Foreign Assistance Act of 1961 (22 U.S.C.

5 2371).’’; and

6 (2) by adding at the end the following new sub7 section:

8 ‘‘(e) For purposes of paragraph (7)—

9 ‘‘(1) the terms ‘torture’ and ‘extrajudicial kill10 ing’ have the meaning given those terms in section

11 3 of the Torture Victim Protection Act of 1991 (28

12 U.S.C. 350 note);

13 ‘‘(2) the term ‘hostage taking’ has the meaning

14 given such term in Article 1 of the International

15 Convention Against the Taking of Hostages; and

16 ‘‘(3) the term ‘aircraft sabotage’ has the mean17 ing given such term in Article 1 of the Convention

18 for the Suppression of Unlawful Acts Against the

19 Safety of Civil Aviation.’’.

20 (b) EXCEPTION TO IMMUNITY FROM ATTACH21 MENT.—

22 (1) FOREIGN STATE.—Section 1610(a) of title

23 28, United States Code, is amended—

24 (A) by striking the period at the end of

25 paragraph (6) and inserting ‘‘, or’’; and
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1 (B) by adding at the end the following new

2 paragraph:

3 ‘‘(7) the judgment relates to a claim for which

4 the foreign state is not immune under section

5 1605(a)(7), regardless of whether the property is or

6 was involved with the act upon which the claim is

7 based.’’.

8 (2) AGENCY OR INSTRUMENTALITY.—Section

9 1610(b)(2) of such title is amended—

10 (A) by striking ‘‘or (5)’’ and inserting

11 ‘‘(5), or (7)’’; and

12 (B) by striking ‘‘used for the activity’’ and

13 inserting ‘‘involved in the act’’.

14 (c) APPLICABILITY.—The amendments made by this

15 title shall apply to any cause of action arising before, on,

16 or after the date of the enactment of this Act.

17 SEC. 207. REPORT ON SUPPORT FOR INTERNATIONAL TER18 RORISTS.

19 Not later than 60 days after the date of enactment

20 of this Act, and annually thereafter in the report required

21 by section 140 of the Foreign Relations Authorization Act,

22 Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), the Sec23 retary of State shall submit a report to the Speaker of

24 the House of Representatives and the Committee on For25 eign Relations of the Senate that includes—
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1 (1) a detailed assessment of international ter2 rorist groups including their—

3 (A) size, leadership, and sources of finan4 cial and logistical support;

5 (B) goals, doctrine, and strategy;

6 (C) nature, scope, and location of human

7 and technical infrastructure;

8 (D) level of education and training;

9 (E) bases of operation and recruitment;

10 (F) operational capabilities; and

11 (G) linkages with state and non-state ac12 tors such as ethnic groups, religious commu13 nities, or criminal organizations;

14 (2) a detailed assessment of any country that

15 provided support of any type for international ter16 rorism, terrorist groups, or individual terrorists, in17 cluding countries that knowingly allowed terrorist

18 groups or individuals to transit or reside in their ter19 ritory, regardless of whether terrorist acts were com20 mitted on their territory by such individuals;

21 (3) a detailed assessment of individual country

22 efforts to take effective action against countries

23 named in section 6(j) of the Export Administration

24 Act of 1979 (50 U.S.C. App. 2405(j)), including the
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1 status of compliance with international sanctions

2 and the status of bilateral economic relations; and

3 (4) United States Government efforts to imple4 ment this title.

5 SEC. 208. DEFINITION OF ASSISTANCE.

6 For purposes of this title—

7 (1) the term ‘‘assistance’’ means assistance to

8 or for the benefit of a government of any country

9 that is provided by grant, concessional sale, guar10 anty, insurance, or by any other means on terms

11 more favorable than generally available in the appli12 cable market, whether in the form of a loan, lease,

13 credit, debt relief, or otherwise, including subsidies

14 for exports to such country and favorable tariff

15 treatment of articles that are the growth, product,

16 or manufacture of such country; and

17 (2) the term ‘‘assistance’’ does not include as18 sistance of the type authorized under chapter 9 of

19 part 1 of the Foreign Assistance Act of 1961 (relat20 ing to international disaster assistance).

21 SEC. 209. WAIVER AUTHORITY CONCERNING NOTICE OF

22 DENIAL OF APPLICATION FOR VISAS.

23 Section 212(b) of the Immigration and Nationality

24 Act (8 U.S.C. 1182(b)) is amended—
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1 (1) by redesignating paragraphs (1) and (2) as

2 subparagraphs (A) and (B), respectively;

3 (2) by striking ‘‘If’’ and inserting ‘‘(1) Subject

4 to paragraph (2), if’’; and

5 (3) by inserting at the end the following para6 graph:

7 ‘‘(2) With respect to applications for visas, the

8 Secretary of State may waive the application of

9 paragraph (1) in the case of a particular alien or

10 any class or classes of excludable aliens, except in

11 cases of intent to immigrate.’’.

12 SEC. 210. MEMBERSHIP IN A TERRORIST ORGANIZATION AS

13 A BASIS FOR EXCLUSION FROM THE UNITED

14 STATES UNDER THE IMMIGRATION AND NA15 TIONALITY ACT.

16 Section 212(a)(3)(B) of the Immigration and Nation17 ality Act (8 U.S.C. 1182(a)(3)(B)) is amended—

18 (1) in clause (i)—

19 (A) by striking ‘‘or’’ at the end of

20 subclause (I);

21 (B) by inserting ‘‘or’’ at the end of

22 subclause (II); and

23 (C) by inserting after subclause (II) the

24 following new subclause:
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1 ‘‘(III) is a member of a terrorist

2 organization or who actively supports

3 or advocates terrorist activity,’’; and

4 (2) by adding at the end the following new

5 clause:

6 ‘‘(iv) TERRORIST ORGANIZATION DE7 FINED.—As used in this subparagraph, the

8 term ‘terrorist organization’ means an or9 ganization that engages in, or has engaged

10 in, terrorist activity as designated by the

11 Secretary of State, after consultation with

12 the Secretary of the Treasury.’’.

13 TITLE III—ALIEN REMOVAL

14 SEC. 301. ALIEN TERRORIST REMOVAL.

15 (a) TABLE OF CONTENTS.—The Immigration and

16 Nationality Act is amended by adding at the end of the

17 table of contents the following:

‘‘TITLE V—ALIEN TERRORIST REMOVAL PROCEDURES

‘‘501. Definitions.

‘‘502. Applicability.

‘‘503. Removal of alien terrorists.’’.

18 (b) ALIEN TERRORIST REMOVAL.—The Immigration

19 and Nationality Act is amended by adding at the end the

20 following new title:
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1 ‘‘TITLE V—ALIEN TERRORIST

2 REMOVAL PROCEDURES

3 ‘‘SEC. 501. DEFINITIONS.

4 ‘‘As used in this title—

5 ‘‘(1) the term ‘alien terrorist’ means any alien

6 described in section 241(a)(4)(B);

7 ‘‘(2) the term ‘classified information’ has the

8 same meaning as defined in section 1(a) of the Clas9 sified Information Procedures Act (18 U.S.C. App.

10 IV);

11 ‘‘(3) the term ‘national security’ has the same

12 meaning as defined in section 1(b) of the Classified

13 Information Procedures Act (18 U.S.C. App. IV);

14 ‘‘(4) the term ‘special court’ means the court

15 described in section 503(c); and

16 ‘‘(5) the term ‘special removal hearing’ means

17 the hearing described in section 503(e).

18 ‘‘SEC. 502. APPLICABILITY.

19 ‘‘(a) IN GENERAL.—The provisions of this title may

20 be followed in the discretion of the Attorney General when21 ever the Department of Justice has classified information

22 that an alien described in section 241(a)(4)(B) is subject

23 to deportation because of such section.

24 ‘‘(b) PROCEDURES.—Whenever an official of the De25 partment of Justice files, under section 503(a), an applica-
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1 tion with the court established under section 503(c) for

2 authorization to seek removal pursuant to this title, the

3 alien’s rights regarding removal and expulsion shall be

4 governed solely by the provisions of this title, except as

5 specifically provided.

6 ‘‘SEC. 503. REMOVAL OF ALIEN TERRORISTS.

7 ‘‘(a) APPLICATION FOR USE OF PROCEDURES.—This

8 section shall apply whenever the Attorney General certifies

9 under seal to the special court that—

10 ‘‘(1) the Attorney General or Deputy Attorney

11 General has approved of the proceeding under this

12 section;

13 ‘‘(2) an alien terrorist is physically present in

14 the United States; and

15 ‘‘(3) removal of such alien terrorist by deporta16 tion proceedings described in sections 242, 242A, or

17 242B would pose a risk to the national security of

18 the United States because such proceedings would

19 disclose classified information.

20 ‘‘(b) CUSTODY AND RELEASE PENDING HEARING.—

21 (1) The Attorney General may take into custody any alien

22 with respect to whom a certification has been made under

23 subsection (a), and notwithstanding any other provision

24 of law, may retain such alien in custody in accordance with

25 this subsection.
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1 ‘‘(2)(A) An alien with respect to whom a certification

2 has been made under subsection (a) shall be given a re3 lease hearing before the special court designated pursuant

4 to subsection (c).

5 ‘‘(B) The judge shall grant the alien release, subject

6 to such terms and conditions prescribed by the court (in7 cluding the posting of any monetary amount), pending the

8 special removal hearing if—

9 ‘‘(i) the alien is lawfully present in the United

10 States;

11 ‘‘(ii) the alien demonstrates that the alien, if re12 leased, is not likely to flee; and

13 ‘‘(iii) the alien demonstrates that release of the

14 alien will not endanger national security or the safe15 ty of any person or the community.

16 ‘‘(C) The judge may consider classified information

17 submitted in camera and ex parte in making a determina18 tion whether to release an alien pending the special hear19 ing.

20 ‘‘(c) SPECIAL COURT.—(1) The Chief Justice of the

21 United States shall publicly designate not more than 5

22 judges from up to 5 United States judicial districts to hear

23 and decide cases arising under this section, in a manner

24 consistent with the designation of judges described in sec-
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1 tion 103(a) of the Foreign Intelligence Surveillance Act

2 (50 U.S.C. 1803(a)).

3 ‘‘(2) The Chief Justice may, in the Chief Justice’s

4 discretion, designate the same judges under this section

5 as are designated pursuant to section 103(a) of the For6 eign Intelligence Surveillance Act of 1978 (50 U.S.C.

7 1803(a)).

8 ‘‘(d) INVOCATION OF SPECIAL COURT PROCE9 DURE.—(1) When the Attorney General makes the appli10 cation described in subsection (a), a single judge of the

11 special court shall consider the application in camera and

12 ex parte.

13 ‘‘(2) The judge shall invoke the procedures of sub14 section (e) if the judge determines that there is probable

15 cause to believe that—

16 ‘‘(A) the alien who is the subject of the applica17 tion has been correctly identified and is an alien as

18 described in section 241(a)(4)(B); and

19 ‘‘(B) a deportation proceeding described in sec20 tion 242, 242A, or 242B would pose a risk to the

21 national security of the United States because such

22 proceedings would disclose classified information.

23 ‘‘(e) SPECIAL REMOVAL HEARING.—(1) Except as

24 provided in paragraph (5), the special removal hearing au-
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1 thorized by a showing of probable cause described in sub2 section (d)(2) shall be open to the public.

3 ‘‘(2) The alien shall have a reasonable opportunity

4 to be present at such hearing and to be represented by

5 counsel. Any alien financially unable to obtain counsel

6 shall be entitled to have counsel assigned to represent such

7 alien. Counsel may be appointed as described in section

8 3006A of title 18, United States Code.

9 ‘‘(3) The alien shall have a reasonable opportunity

10 to introduce evidence on his own behalf, and except as pro11 vided in paragraph (5), shall have a reasonable oppor12 tunity to cross-examine any witness or request that the

13 judge issue a subpoena for the presence of a named wit14 ness.

15 ‘‘(4)(A) An alien subject to removal under this sec16 tion shall have no right—

17 ‘‘(i) of discovery of information derived from

18 electronic surveillance authorized under the Foreign

19 Intelligence Surveillance Act of 1978 (50 U.S.C. 801

20 et seq.) or otherwise for national security purposes

21 if disclosure would present a risk to the national se22 curity; or

23 ‘‘(ii) to seek the suppression of evidence that

24 the alien alleges was unlawfully obtained, except on

25 grounds of credibility or relevance.
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1 ‘‘(B) The Government is authorized to use, in the re2 moval proceedings, the fruits of electronic surveillance and

3 unconsented physical searches authorized under the For4 eign Intelligence Surveillance Act of 1978 (50 U.S.C. 801

5 et seq.) without regard to subsections 106 (c), (e), (f), (g),

6 and (h) of such Act.

7 ‘‘(C) Section 3504 of title 18, United States Code,

8 shall not apply to procedures under this section if the At9 torney General determines that public disclosure would

10 pose a risk to the national security of the United States

11 because it would disclose classified information.

12 ‘‘(5) The judge shall authorize the introduction in

13 camera and ex parte of any evidence for which the Attor14 ney General determines that public disclosure would pose

15 a risk to the national security of the United States because

16 it would disclose classified information. With respect to

17 such evidence, the Attorney General shall submit to the

18 court an unclassified summary of the specific evidence pre19 pared in accordance with paragraph (6).

20 ‘‘(6)(A) The information submitted under paragraph

21 (5)(B) shall contain an unclassified summary of the classi22 fied information that does not pose a risk to national secu23 rity.

24 ‘‘(B) The judge shall approve the summary within 15

25 days of submission if the judge finds that it is sufficient
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1 to inform the alien of the nature of the evidence that such

2 person is an alien as described in section 241(a), and to

3 provide the alien with substantially the same ability to

4 make his defense as would disclosure of the classified in5 formation.

6 ‘‘(C) The Attorney General shall cause to be delivered

7 to the alien a copy of the unclassified summary approved

8 under subparagraph (B).

9 ‘‘(D) If the written unclassified summary is not ap10 proved by the court pursuant to subparagraph (B), the

11 Department of Justice shall be afforded 15 days to correct

12 the deficiencies identified by the court and submit a re13 vised unclassified summary.

14 ‘‘(E) If the revised unclassified summary is not ap15 proved by the court within 15 days of its submission pur16 suant to subparagraph (B), the special removal hearing

17 shall be terminated unless the court, within that time,

18 after reviewing the classified information in camera and

19 ex parte, issues written findings that—

20 ‘‘(i) the alien’s continued presence in the Unit21 ed States would likely cause—

22 ‘‘(I) serious and irreparable harm to the

23 national security; or

24 ‘‘(II) death or serious bodily injury to any

25 person; and
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1 ‘‘(ii) provision of either the classified informa2 tion or an unclassified summary that meets the

3 standard set forth in subparagraph (B) would likely

4 cause—

5 ‘‘(I) serious and irreparable harm to the

6 national security; or

7 ‘‘(II) death or serious bodily injury to any

8 person; and

9 ‘‘(iii) the unclassified summary prepared by the

10 Justice Department is adequate to allow the alien to

11 prepare a defense.

12 ‘‘(F) If the court issues such findings, the special re13 moval proceeding shall continue, and the Attorney General

14 shall cause to be delivered to the alien within 15 days of

15 the issuance of such findings a copy of the unclassified

16 summary together with a statement that it meets the

17 standard set forth in subparagraph (E)(iii).

18 ‘‘(G)(i) Within 10 days of filing of the appealable

19 order the Department of Justice may take an interlocutory

20 appeal to the United States Court of Appeals for the Dis21 trict of Columbia Circuit of—

22 ‘‘(I) any determination made by the judge con23 cerning the requirements set forth in subparagraph

24 (B).
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1 ‘‘(II) any determination made by the judge con2 cerning the requirements set forth in subparagraph

3 (E).

4 ‘‘(ii) In an interlocutory appeal taken under this

5 paragraph, the entire record, including any proposed order

6 of the judge or summary of evidence, shall be transmitted

7 to the Court of Appeals under seal, and the matter shall

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

9 the appeal as expeditiously as possible, but no later than

10 30 days after filing of the appeal.

11 ‘‘(f) DETERMINATION OF DEPORTATION.—The judge

12 shall, considering the evidence on the record as a whole

13 (in camera and otherwise), require that the alien be de14 ported if the Attorney General proves, by clear and con15 vincing evidence, that the alien is subject to deportation

16 because such alien is an alien as described in section

17 241(a)(4)(B). If the judge finds that the Department of

18 Justice has met this burden, the judge shall order the

19 alien removed and, if the alien was released pending the

20 special removal proceeding, order the Attorney General to

21 take the alien into custody.

22 ‘‘(g) APPEALS.—(1) The alien may appeal a final de23 termination under subsection (f) to the United States

24 Court of Appeals for the District of Columbia Circuit, by

25 filing a notice of appeal with such court not later than
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1 30 days after the determination is made. An appeal under

2 this section shall be heard by the Court of Appeals sitting

3 en banc.

4 ‘‘(2) The Attorney General may appeal a determina5 tion under subsection (d), (e), or (f) to the Court of Ap6 peals for the District of Columbia Circuit, by filing a no7 tice of appeal with such court not later than 20 days after

8 the determination is made under any one of such sub9 sections.

10 ‘‘(3) If the Department of Justice does not seek re11 view, the alien shall be released from custody, unless such

12 alien may be arrested and taken into custody pursuant

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

14 such alien shall be treated in accordance with the provi15 sions of this Act concerning the deportation of aliens.

16 ‘‘(4) If the application for the order is denied because

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

18 alien who is the subject of the application has been cor19 rectly identified or is an alien as described in paragraph

20 4(B) of section 241(a), and the Department of Justice

21 seeks review, the alien shall be released from custody un22 less such alien may be arrested and taken into custody

23 pursuant to title II as an alien subject to deportation, in

24 which case such alien shall be treated in accordance with
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1 the provisions of this Act concerning the deportation of

2 aliens simultaneously with the application of this title.

3 ‘‘(5)(A) If the application for the order is denied

4 based on a finding that no probable cause exists to find

5 that adherence to the provisions of title II regarding the

6 deportation of the identified alien would pose a risk of ir7 reparable harm to the national security of the United

8 States, or death or serious bodily injury to any person,

9 the judge shall release the alien from custody subject to

10 the least restrictive condition or combination of conditions

11 of release described in section 3142(b) and (c)(1)(B) (i)

12 through (xiv) of title 18, United States Code, that will rea13 sonably ensure the appearance of the alien at any future

14 proceeding pursuant to this title and will not endanger the

15 safety of any other person or the Community.

16 ‘‘(B) The alien shall remain in custody if the court

17 fails to make a finding under subparagraph (A), until the

18 completion of any appeal authorized by this title. Sections

19 3145 through 3148 of title 18, United States Code, per20 taining to review and appeal of a release or detention

21 order, penalties for failure to appear, penalties for an of22 fense committed while on release, and sanctions for viola23 tion of a release condition, shall apply to an alien to whom

24 the previous sentence applies and—
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1 ‘‘(i) for purposes of section 3145 of such title,

2 an appeal shall be taken to the United States Court

3 of Appeals for the District of Columbia Circuit; and

4 ‘‘(ii) for purposes of section 3146 of such title

5 the alien shall be considered released in connection

6 with a charge of an offense punishable by life im7 prisonment.

8 ‘‘(6) When requested by the Attorney General, the

9 entire record of the proceeding under this section shall be

10 transmitted to the court of appeals or the Supreme Court

11 under seal. The court of appeals or Supreme Court may

12 consider such appeal in camera.’’.

13 SEC. 302. EXTRADITION OF ALIENS.

14 (a) SCOPE.—Section 3181 of title 18, United States

15 Code, is amended—

16 (1) by inserting ‘‘(a)’’ before ‘‘The provisions of

17 this chapter’’; and

18 (2) by adding at the end the following new sub19 sections:

20 ‘‘(b) The provisions of this chapter shall be construed

21 to permit, in the exercise of comity, the surrender of per22 sons, other than citizens, nationals, or permanent resi23 dents of the United States, who have committed crimes

24 of violence against nationals of the United States in for25 eign countries without regard to the existence of any trea-
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1 ty of extradition with such foreign government if the At2 torney General certifies, in writing, that—

3 ‘‘(1) evidence has been presented by the foreign

4 government that indicates that had the offenses been

5 committed in the United States, they would con6 stitute crimes of violence as defined under section 16

7 of this title; and

8 ‘‘(2) the offenses charged are not of a political

9 nature.

10 ‘‘(c) As used in this section, the term ‘national of the

11 United States’ has the meaning given such term in section

12 101(a)(22) of the Immigration and Nationality Act (8

13 U.S.C. 1101(a)(22)).’’.

14 (b) FUGITIVES.—Section 3184 of title 18, United

15 States Code, is amended—

16 (1) in the first sentence by inserting after

17 ‘‘United States and any foreign government,’’ the

18 following: ‘‘or in cases arising under section

19 3181(b),’’;

20 (2) in the first sentence by inserting after

21 ‘‘treaty or convention,’’ the following: ‘‘or provided

22 for under section 3181(b),’’; and

23 (3) in the third sentence by inserting after

24 ‘‘treaty or convention,’’ the following: ‘‘or under sec25 tion 3181(b),’’.
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1 SEC. 303. CHANGES TO THE IMMIGRATION AND NATIONAL2 ITY ACT TO FACILITATE REMOVAL OF ALIEN

3 TERRORISTS.

4 (a) TERRORISM ACTIVITIES.—Section 212(a)(3)(B)

5 of the Immigration and Nationality Act (8 U.S.C.

6 1182(a)(3)(B)) is amended to read as follows:

7 ‘‘(B) TERRORISM ACTIVITIES.—

8 ‘‘(i) IN GENERAL.—Any alien who—

9 ‘‘(I) has engaged in a terrorism

10 activity, or

11 ‘‘(II) a consular officer or the At12 torney General knows, or has reason

13 to believe, is likely to engage after

14 entry in any terrorism activity (as de15 fined in clause (iii)),

16 is excludable. An alien who is an officer,

17 official, representative, or spokesman of

18 any terrorist organization designated as a

19 terrorist organization by proclamation by

20 the President after finding such organiza21 tion to be detrimental to the interest of the

22 United States, or any person who directs,

23 counsels, commands, or induces such orga24 nization or its members to engage in ter25 rorism activity, shall be considered, for
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1 purposes of this Act, to be engaged in ter2 rorism activity.

3 ‘‘(ii) TERRORISM ACTIVITY DE4 FINED.—As used in this Act, the term ‘ter5 rorism activity’ means any activity that is

6 unlawful under the laws of the place where

7 it is committed (or which, if it had been

8 committed in the United States, would be

9 unlawful under the laws of the United

10 States or any State), and that involves any

11 of the following:

12 ‘‘(I) The hijacking or sabotage of

13 any conveyance (including an aircraft,

14 vessel, or vehicle).

15 ‘‘(II) The seizing or detaining,

16 and threatening to kill, injure, or con17 tinue to detain, another individual to

18 compel a third person (including a

19 governmental organization) to do or

20 abstain from doing any act as an ex21 plicit or implicit condition for the re22 lease of the individual seized or de23 tained.

24 ‘‘(III) A violent attack upon an

25 internationally protected person (as
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1 defined in section 1116(b)(4) of title

2 18, United States Code) or upon the

3 liberty of such a person.

4 ‘‘(IV) An assassination.

5 ‘‘(V) The use of any—

6 ‘‘(aa) biological agent, chem7 ical agent, or nuclear weapon or

8 device, or

9 ‘‘(bb) explosive, firearm, or

10 other weapon (other than for

11 mere personal monetary gain),

12 with intent to endanger, directly, or

13 indirectly, the safety of one or more

14 individuals or to cause substantial

15 damage to property.

16 ‘‘(VI) A threat, attempt, or con17 spiracy to do any of the foregoing.

18 ‘‘(iii) ENGAGE IN TERRORISM ACTIV19 ITY DEFINED.—As used in this Act, the

20 term ‘engage in terrorism activity’ means

21 to commit, in an individual capacity or as

22 a member of an organization, an act of ter23 rorism activity, or an act that the actor

24 knows affords material support to any in25 dividual, organization, or government that
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1 the actor knows plans to commit terrorism

2 activity, including any of the following

3 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—
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1 ‘‘(I) an organization engaged in,

2 or that has a significant subgroup

3 that engages in, terrorism activity, re4 gardless of any legitimate activities

5 conducted by the organization or its

6 subgroups; and

7 ‘‘(II) an organization designated

8 by the Secretary of State under sec9 tion 2339B of title 18.’’.

10 (b) DEPORTABLE ALIENS.—Section 241(a)(4)(B) of

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

12 1251(a)(4)(B)) is amended to read as follows:

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

14 is engaged, or at any time after entry engages in,

15 any terrorism activity (as defined in section

16 212(a)(3)(B)) is deportable.’’.

17 (c) BURDEN OF PROOF.—Section 291 of the Immi18 gration and Nationality Act (8 U.S.C. 1361) is amended

19 by inserting after ‘‘custody of the Service.’’ the following

20 new sentence: ‘‘The limited production authorized by this

21 provision shall not extend to the records of any other agen22 cy or department of the Government or to any documents

23 that do not pertain to the respondent’s entry.’’.

24 (d) APPREHENSION AND DEPORTATION OF

25 ALIENS.—Section 242(b) of the Immigration and Nation-
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1 ality Act (8 U.S.C. 1252(b)(3)) is amended by inserting

2 immediately after paragraph (4) the following: ‘‘For pur3 poses of paragraph (3), in the case of an alien who is not

4 lawfully admitted for permanent residence and notwith5 standing the provisions of any other law, reasonable op6 portunity shall not include access to classified information,

7 whether or not introduced in evidence against the alien,

8 except that any proceeding conducted under this section

9 which involves the use of classified evidence shall be con10 ducted in accordance with the procedures of section 501.

11 Section 3504 of title 18, United States Code, and 18

12 U.S.C. 3504 and the Foreign Intelligence Surveillance Act

13 of 1978 (50 U.S.C. 1801 et seq.) shall not apply in such

14 cases.’’.

15 (e) CRIMINAL ALIEN REMOVAL.—

16 (1) JUDICIAL REVIEW.—Section 106 of the Im17 migration and Nationality Act (8 U.S.C.

18 1105a(a)(10)) is amended to read as follows:

19 ‘‘(10) Any final order of deportation against an

20 alien who is deportable by reason of having commit21 ted a criminal offense covered in section 241(a)(2)

22 (A)(iii), (B), (C), or (D), or any offense covered by

23 section 241(a)(2)(A)(ii) for which both predicate of24 fenses are covered by section 241(a)(2)(A)(i), shall

25 not be subject to review by any court.’’.
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1 (2) FINAL ORDER OF DEPORTATION DE2 FINED.—Section 101(a) of such Act (8 U.S.C.

3 1101(a)) is amended by adding at the end the fol4 lowing new paragraph:

5 ‘‘(47)(A) The term ‘order of deportation’ means the

6 order of the special inquiry officer, or other such adminis7 trative officer to whom the Attorney General has delegated

8 the responsibility for determining whether an alien is de9 portable, concluding that the alien is deportable or order10 ing deportation.

11 ‘‘(B) The order described under subparagraph (A)

12 shall become final upon the earlier of—

13 ‘‘(i) a determination by the Board of Immigra14 tion Appeals affirming such order; or

15 ‘‘(ii) the expiration of the period in which the

16 alien is permitted to seek review of such order by the

17 Board of Immigration Appeals.’’.

18 (3) ARREST AND CUSTODY.—Section 242(a)(2)

19 of such Act is amended—

20 (A) in subparagraph (A)—

21 (i) by striking ‘‘(2)(A) The Attorney’’

22 and inserting ‘‘(2) The Attorney’’;

23 (ii) by striking ‘‘an aggravated felony

24 upon’’ and all that follows through ‘‘of the

25 same offense)’’ and inserting ‘‘any criminal
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1 offense covered in section 241(a)(2)

2 (A)(iii), (B), (C), or (D), or any offense

3 covered by section 241(a)(2)(A)(ii) for

4 which both predicate offenses are covered

5 by section 241(a)(2)(A)(i), upon release of

6 the alien from incarceration, shall deport

7 the alien as expeditiously as possible’’; and

8 (iii) by striking ‘‘but subject to sub9 paragraph (B)’’; and

10 (B) by striking subparagraph (B).

11 (4) CLASSES OF EXCLUDABLE ALIENS.—Sec12 tion 212(c) of such Act (8 U.S.C. 1182(c)) is

13 amended—

14 (A) by striking ‘‘The first sentence of this’’

15 and inserting ‘‘This’’; and

16 (B) by striking ‘‘has been convicted of one

17 or more aggravated felonies’’ and all that fol18 lows through the end and inserting ‘‘is deport19 able by reason of having committed any crimi20 nal offense covered in section 241(a)(2) (A)(iii),

21 (B), (C), or (D), or any offense covered by sec22 tion 241(a)(2)(A)(ii) for which both predicate

23 offenses are covered by section

24 241(a)(2)(A)(i).’’.
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1 (5) AGGRAVATED FELONY DEFINED.—Section

2 101(a)(43) of such Act is amended—

3 (A) in subparagraph (F)—

4 (i) by inserting ‘‘, including forcible

5 rape,’’ after ‘‘offense)’’; and

6 (ii) by striking ‘‘5 years’’ and insert7 ing ‘‘1 year’’; and

8 (B) in subparagraph (G) by striking ‘‘5

9 years’’ and inserting ‘‘1 year’’.

10 (6) DEPORTATION OF CRIMINAL ALIENS.—Sec11 tion 242A(a) of such Act (8 U.S.C. 1252a) is

12 amended—

13 (A) in paragraph (1)—

14 (i) by striking ‘‘aggravated felonies

15 (as defined in section 101(a)(43) of this

16 title)’’ and inserting ‘‘any criminal offense

17 covered in section 241(a)(2) (A)(iii), (B),

18 (C), or (D), or any offense covered by sec19 tion 241(a)(2)(A)(ii) for which both predi20 cate offenses are covered by section

21 241(a)(2)(A)(i).’’; and

22 (ii) by striking ‘‘, where warranted,’’;

23 (B) in paragraph (2), by striking ‘‘aggra24 vated felony’’ and all that follows through ‘‘be25 fore any scheduled hearings.’’ and inserting
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1 ‘‘any criminal offense covered in section

2 241(a)(2) (A)(iii), (B), (C), or (D), or any of3 fense covered by section 241(a)(2)(A)(ii) for

4 which both predicate offenses are covered by

5 section 241(a)(2)(A)(i).’’.

6 (7) DEADLINES FOR DEPORTING ALIEN.—Sec7 tion 242(c) of such Act (8 U.S.C. 1252(c)) is

8 amended—

9 (A) by striking ‘‘(c) When a final order’’

10 and inserting ‘‘(c)(1) Subject to paragraph (2),

11 when a final order’’; and

12 (B) by inserting at the end the following

13 new paragraph:

14 ‘‘(2) When a final order of deportation under admin15 istrative process is made against any alien who is deport16 able by reason of having committed a criminal offense cov17 ered in section 241(a)(2) (A)(iii), (B), (C), or (D) or any

18 offense covered by section 241(a)(2)(A)(ii) for which both

19 predicate offenses are covered by section 241(a)(2)(A)(i),

20 the Attorney General shall have 30 days from the date

21 of the order within which to effect the alien’s departure

22 from the United States. The Attorney General shall have

23 sole and unreviewable discretion to waive the foregoing

24 provision for aliens who are cooperating with law enforce25 ment authorities or for purposes of national security.’’.
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1 (f) EFFECTIVE DATE.—The amendments made by

2 this section shall take effect on the date of enactment of

3 this Act and shall apply to cases pending before, on, or

4 after such date of enactment.

5 SEC. 304. ACCESS TO CERTAIN CONFIDENTIAL IMMIGRA6 TION AND NATURALIZATION FILES THROUGH

7 COURT ORDER.

8 (a) CONFIDENTIALITY OF INFORMATION.—Section

9 245A(c)(5) of the Immigration and Nationality Act (8

10 U.S.C. 1255a(c)(5)) is amended—

11 (1) by inserting ‘‘(i)’’ after ‘‘except the Attor12 ney General’’; and

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

14 ‘‘and (ii) may authorize an application to a Federal

15 court of competent jurisdiction for, and a judge of

16 such court may grant, an order authorizing disclo17 sure of information contained in the application of

18 the alien to be used—

19 ‘‘(I) for identification of the alien when

20 there is reason to believe that the alien has

21 been killed or severely incapacitated; or

22 ‘‘(II) for criminal law enforcement pur23 poses against the alien whose application is to

24 be disclosed.’’.
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1 (b) APPLICATIONS FOR ADJUSTMENT OF STATUS.—

2 Section 210(b) of the Immigration and Nationality Act (8

3 U.S.C. 1160(b)) is amended—

4 (1) in paragraph (5), by inserting ‘‘, except as

5 allowed by a court order issued pursuant to para6 graph (6) of this subsection’’ after ‘‘consent of the

7 alien’’; and

8 (2) in paragraph (6), by inserting the following

9 sentence before ‘‘Anyone who uses’’: ‘‘Notwithstand10 ing the preceding sentence, the Attorney General

11 may authorize an application to a Federal court of

12 competent jurisdiction for, and a judge of such court

13 may grant an order authorizing, disclosure of infor14 mation contained in the application of the alien to

15 be used for identification of the alien when there is

16 reason to believe that the alien has been killed or se17 verely incapacitated, or for criminal law enforcement

18 purposes against the alien whose application is to be

19 disclosed or to discover information leading to the lo20 cation or identity of the alien.’’.
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1 TITLE IV—CONTROL OF FUND2 RAISING FOR TERRORISM AC3 TIVITIES

4 SEC. 401. PROHIBITION ON TERRORIST FUNDRAISING.

5 (a) IN GENERAL.—Chapter 113B of title 18, United

6 States Code, is amended by adding at the end the follow7 ing new section:

8 ‘‘§ 2339B. Fundraising for terrorist organizations

9 ‘‘(a) FINDINGS AND PURPOSE.—

10 ‘‘(1) The Congress finds that—

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

12 problem which threatens the interests of the

13 United States overseas and within our territory;

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

15 gravely affected by the terrorist attacks carried

16 out overseas against United States Government

17 facilities and officials, and against American

18 citizens present in foreign countries;

19 ‘‘(C) United States foreign policy and eco20 nomic interests are profoundly affected by ter21 rorist acts overseas directed against foreign

22 governments and their people;

23 ‘‘(D) international cooperation is required

24 for an effective response to terrorism, as dem25 onstrated by the numerous multilateral conven-
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1 tions in force providing universal prosecutive ju2 risdiction over persons involved in a variety of

3 terrorist acts, including hostage taking, murder

4 of an internationally protected person, and air5 craft piracy and sabotage;

6 ‘‘(E) some foreign terrorist organizations,

7 acting through affiliated groups or individuals,

8 raise significant funds within the United States

9 or use the United States as a conduit for the

10 receipt of funds raised in other nations; and

11 ‘‘(F) the provision of funds to organiza12 tions that engage in terrorism serves to facili13 tate their terrorist endeavors, regardless of

14 whether the funds, in whole or in part, are in15 tended or claimed to be used for nonviolent pur16 poses.

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

18 the Federal Government the fullest possible basis,

19 consistent with the Constitution, to prevent persons

20 within the United States or subject to the jurisdic21 tion of the United States from providing funds, di22 rectly or indirectly, to foreign organizations, includ23 ing subordinate or affiliated persons, that engage in

24 terrorism activities.

25 ‘‘(b) DESIGNATION.—
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1 ‘‘(1) The Secretary of State, after consultation

2 with the Secretary of the Treasury, is authorized to

3 designate under this section any foreign organization

4 based on finding that—

5 ‘‘(A) the organization engages in terrorism

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

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

8 1182(a)(3)(B)); and

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

10 threaten the security of United States citizens,

11 national security, foreign policy, or the economy

12 of the United States.

13 ‘‘(2) Not later than 7 days after making a des14 ignation under paragraph (1), the Secretary of State

15 shall prepare and transmit to Congress a report con16 taining a list of the designated organizations and a

17 summary of the facts underlying the designation.

18 The designation shall take effect 30 days after the

19 receipt of actual notice under subsection (b)(6), un20 less otherwise provided by law.

21 ‘‘(3) A designation or redesignation under this

22 subsection shall be in effect for 1 year following its

23 effective date, unless revoked under paragraph (4).

24 ‘‘(4)(A) If the Secretary of State, after con25 sultation with the Secretary of the Treasury, finds
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1 that the conditions that were the basis for any des2 ignation issued under this subsection have changed

3 in such a manner as to warrant revocation of such

4 designation, or that the national security, foreign re5 lations, or economic interests of the United States so

6 warrant, the Secretary of State may revoke such

7 designation in whole or in part.

8 ‘‘(B) Not later than 7 calendar days after the

9 Secretary of State finds that an organization no

10 longer engages in, or supports, terrorism activity,

11 the Secretary of State shall prepare and transmit to

12 Congress a supplemental report stating the reasons

13 for the finding.

14 ‘‘(5) Any designation, or revocation of a des15 ignation, issued under this subsection shall be pub16 lished in the Federal Register not later than 7 cal17 endar days after the Secretary of State makes the

18 designation.

19 ‘‘(6) Not later than 7 calendar days after mak20 ing a designation under this subsection, the Sec21 retary of State shall give the organization actual no22 tice of—

23 ‘‘(A) the designation;
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1 ‘‘(B) the consequences of the designation

2 for the organization’s ability to raise funds in

3 the United States; and

4 ‘‘(C) the availability of judicial review.

5 ‘‘(7) Any revocation or lapsing of a designation

6 shall not affect any action or proceeding based on

7 any conduct committed prior to the effective date of

8 such revocation or lapsing.

9 ‘‘(8) Classified information may be used in

10 making a designation under this subsection. Such in11 formation shall not be disclosed to the public or to

12 any party, but may be disclosed to a court ex parte

13 and in camera.

14 ‘‘(9) No question concerning the validity of the

15 issuance of a designation issued under this sub16 section may be raised by a defendant in a criminal

17 prosecution as a defense in or as an objection to any

18 trial or hearing if such designation was issued and

19 published in the Federal Register.

20 ‘‘(c) JUDICIAL REVIEW.—

21 ‘‘(1) Organizations designated by the Secretary

22 of State as engaging in, or supporting, terrorism ac23 tivities under this section may seek review of the

24 designation in the District Court for the District of
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1 Columbia not later than 30 days after receipt of ac2 tual notice under subsection (b)(6).

3 ‘‘(2) In reviewing a designation under this sub4 section, the court shall receive relevant oral or docu5 mentary evidence, unless the court finds that the

6 probative value is substantially outweighed by the

7 danger of unfair prejudice, confusion of the issues,

8 or considerations of undue delay, waste of time, or

9 needless presentation of cumulative evidence, or un10 less its introduction or consideration is prohibited by

11 a common law privilege or by the Constitution or

12 laws of the United States. A party shall be entitled

13 to present its case or defense by oral or documen14 tary evidence, to submit rebuttal evidence, and to

15 conduct such cross-examination as may be required

16 for a full and true disclosure of the facts.

17 ‘‘(3) The judge shall authorize the introduction

18 in camera and ex parte of any item of evidence con19 taining classified information for which the Attorney

20 General determines that public disclosure would pose

21 a risk to the national security of the United States.

22 With respect to such evidence, the Attorney General

23 shall submit to the court either—
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1 ‘‘(A) a statement identifying relevant facts

2 that the specific evidence would tend to prove;

3 or

4 ‘‘(B) an unclassified summary of the spe5 cific evidence prepared in accordance with para6 graph (5).

7 ‘‘(4)(A)(i) The Secretary of State shall have the

8 burden of demonstrating that there are specific and

9 articulable facts giving reason to believe that the or10 ganization engages in or supports terrorism activity

11 (as that term is defined in section 212(a)(3)(B)).

12 ‘‘(ii) The organization shall have the burden of

13 proving that its purpose is to engage in religious,

14 charitable, literary, educational, or nonterrorism ac15 tivities and that it engages in such activities.

16 ‘‘(iii) The Secretary shall have the burden of

17 proving that the control group of the organization

18 has actual knowledge that the organization or its re19 sources are being used for terrorism activities.

20 ‘‘(iv) If any portion of the Secretary’s evidence

21 consists of classified information that cannot be re22 vealed to the organization for national security rea23 sons, the Secretary must prove these elements by

24 clear and convincing evidence.
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1 ‘‘(B) If the court finds, under the standards

2 stated in subparagraph (A) that the control group of

3 the organization has actual knowledge that the orga4 nization or its resources are being used for terrorism

5 activities, the court shall affirm the designation of

6 the Secretary.

7 ‘‘(C)(i) If the court finds by a preponderance of

8 the evidence that the organization or its resources

9 have been used for terrorism activities without the

10 knowledge of the control group, but that the control

11 group is now aware of these facts, the court may

12 condition revocation of the designation on the con13 trol group’s undertaking or completing all steps

14 within its power to prevent the organization or its

15 resources from being used for terrorism activities.

16 Such steps may include—

17 ‘‘(I) maintaining financial records ade18 quate to document the use of the organization’s

19 resources; and

20 ‘‘(II) making records available to the Sec21 retary for inspection.

22 ‘‘(ii) If a designation is revoked under sub23 section (B)(4) and the organization fails to comply

24 with any condition imposed, the designation may be

25 reinstated by the Secretary of State upon a showing
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1 that the organization failed to comply with the con2 dition.

3 ‘‘(5)(A) The information submitted under paragraph

4 (3)(B) shall contain an unclassified summary of the classi5 fied information that does not pose a risk to national secu6 rity.

7 ‘‘(B) The judge shall approve the unclassified sum8 mary if the judge finds that the summary is sufficient to

9 inform the organization of the activities described in sec10 tion 212(a)(3)(B) in which the organization is alleged to

11 engage, and to permit the organization to defend against

12 the designation.

13 ‘‘(C) The Attorney General shall cause to be delivered

14 to the organization a copy of the unclassified summary

15 approved under subparagraph (B).

16 ‘‘(6) The court shall decide the case on the basis of

17 the evidence on the record as a whole, in camera or other18 wise.

19 ‘‘(d) PROHIBITED ACTIVITIES.—It shall be unlawful

20 for any person within the United States, or any person

21 subject to the jurisdiction of the United States anywhere,

22 to directly or indirectly, raise, receive, or collect on behalf

23 of, or furnish, give, transmit, transfer, or provide funds

24 to or for an organization or person designated by the Sec-
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1 retary of State under subsection (b), or to attempt to do

2 any of the foregoing.

3 ‘‘(e) SPECIAL REQUIREMENTS FOR FINANCIAL INSTI4 TUTIONS.—

5 ‘‘(1) Except as authorized by the Secretary of

6 State, after consultation with the Secretary of the

7 Treasury, by means of directives, regulations, or li8 censes, any financial institution that becomes aware

9 that it has possession of or control over any funds

10 in which an organization or person designated under

11 subsection (b) has an interest, shall—

12 ‘‘(A) retain possession of or maintain con13 trol over such funds; and

14 ‘‘(B) report to the Secretary the existence

15 of such funds in accordance with the regula16 tions prescribed by the Secretary.

17 ‘‘(2) Any financial institution that knowingly

18 fails to report to the Secretary the existence of such

19 funds shall be subject to a civil penalty of $250 per

20 day for each day that it fails to report to the Sec21 retary—

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

23 or controlled at the time of the designation of

24 the organization or person, within 10 days after

25 the designation; and
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1 ‘‘(B) in the case of funds whose possession

2 of or control over arose after the designation of

3 the organization or person, within 10 days after

4 the financial institution obtained possession of

5 or control over the funds.

6 ‘‘(f) INVESTIGATIONS.—Any investigation emanating

7 from a possible violation of this section shall be conducted

8 by the Attorney General, except that investigations relat9 ing to—

10 ‘‘(1) a financial institution’s compliance with

11 the requirements of subsection (e); and

12 ‘‘(2) civil penalty proceedings authorized pursu13 ant to subsection (g)(2),

14 shall be conducted in coordination with the Attorney Gen15 eral by the office within the Department of the Treasury

16 responsible for civil penalty proceedings authorized by this

17 section. Any evidence of a criminal violation of this section

18 arising in the course of an investigation by the Secretary

19 or any other Federal agency shall be referred immediately

20 to the Attorney General for further investigation. The At21 torney General shall timely notify the Secretary of any ac22 tion taken on referrals from the Secretary, and may refer

23 investigations to the Secretary for remedial licensing or

24 civil penalty action.

25 ‘‘(g) PENALTIES.—
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1 ‘‘(1) Any person who, with knowledge that the

2 donee is a designated entity, violates subsection (d)

3 shall be fined under this title, or imprisoned for up

4 to ten years, or both.

5 ‘‘(2) Any financial institution that knowingly

6 fails to comply with subsection (e), or by regulations

7 promulgated thereunder, shall be subject to a civil

8 penalty of $50,000 per violation, or twice the

9 amount of money of which the financial institution

10 was required to retain possession or control, which11 ever is greater.

12 ‘‘(h) INJUNCTION.—

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

14 the Attorney General that any person is engaged in,

15 or is about to engage in, any act which constitutes,

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

17 Attorney General may initiate civil action in a dis18 trict court of the United States to enjoin such viola19 tion.

20 ‘‘(2) A proceeding under this subsection is gov21 erned by the Federal Rules of Civil Procedure, ex22 cept that, if an indictment has been returned against

23 the respondent, discovery is governed by the Federal

24 Rules of Criminal Procedure.
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1 ‘‘(i) EXTRATERRITORIAL JURISDICTION.—There is

2 extraterritorial Federal jurisdiction over an offense under

3 this section.

4 ‘‘(j) CLASSIFIED INFORMATION IN CIVIL PROCEED5 INGS BROUGHT BY THE UNITED STATES.—

6 ‘‘(1) DISCOVERY OF CLASSIFIED INFORMATION

7 BY DEFENDANTS.—A court, upon a sufficient show8 ing, may authorize the United States to delete speci9 fied items of classified information from documents

10 to be introduced into evidence or made available to

11 the defendant through discovery under the Federal

12 Rules of Civil Procedure, to substitute an unclassi13 fied summary of the information for such classified

14 documents, or to substitute a statement admitting

15 relevant facts that the classified information would

16 tend to prove. The court shall permit the United

17 States to make a request for such authorization in

18 the form of a written statement to be inspected by

19 the court alone. If the court enters an order grant20 ing relief following such an ex parte showing, the en21 tire text of the statement of the United States shall

22 be sealed and preserved in the records of the court

23 to be made available to the appellate court in the

24 event of an appeal. If the court enters an order de25 nying relief to the United States under this para-
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1 graph, the United States may take an immediate, in2 terlocutory appeal in accordance with the provisions

3 of paragraph (3). For purposes of such an appeal,

4 the entire text of the underlying written statement

5 of the United States, together with any transcripts

6 of arguments made ex parte to the court in connec7 tion therewith, shall be maintained under seal and

8 delivered to the appellate court.

9 ‘‘(2) INTRODUCTION OF CLASSIFIED INFORMA10 TION; PRECAUTIONS BY COURT.—

11 ‘‘(A) EXHIBITS.—The United States, to

12 prevent unnecessary or inadvertent disclosure of

13 classified information in a civil trial or other

14 proceeding brought by the United States under

15 this section, may petition the court ex parte to

16 admit, in lieu of classified writings, recordings

17 or photographs, one or more of the following:

18 ‘‘(i) copies of those items from which

19 classified information has been deleted;

20 ‘‘(ii) stipulations admitting relevant

21 facts that specific classified information

22 would tend to prove; or

23 ‘‘(iii) an unclassified summary of the

24 specific classified information.
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1 The court shall grant such a motion of the

2 United States if the court finds that the re3 dacted item, stipulation, or unclassified sum4 mary will provide the defendant with substan5 tially the same ability to make his defense as

6 would disclosure of the specific classified infor7 mation.

8 ‘‘(B) TAKING OF TRIAL TESTIMONY.—Dur9 ing the examination of a witness in any civil

10 proceeding brought by the United States under

11 this section, the United States may object to

12 any question or line of inquiry that may require

13 the witness to disclose classified information not

14 previously found to be admissible. Following

15 such an objection, the court shall take suitable

16 action to determine whether the response is ad17 missible and, in doing so, shall take precautions

18 to guard against the compromise of any classi19 fied information. Such action may include per20 mitting the United States to provide the court,

21 ex parte, with a proffer of the witness’s re22 sponse to the question or line of inquiry, and

23 requiring the defendant to provide the court

24 with a proffer of the nature of the information

25 the defendant seeks to elicit.
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1 ‘‘(C) APPEAL.—If the court enters an

2 order denying relief to the United States under

3 this subsection, the United States may take an

4 immediate interlocutory appeal in accordance

5 with paragraph (3).

6 ‘‘(3) INTERLOCUTORY APPEAL.—

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

8 States shall lie to a court of appeals from a de9 cision or order of a district court—

10 ‘‘(i) authorizing the disclosure of clas11 sified information;

12 ‘‘(ii) imposing sanctions for

13 nondisclosure of classified information; or

14 ‘‘(iii) refusing a protective order

15 sought by the United States to prevent the

16 disclosure of classified information.

17 ‘‘(B) An appeal taken pursuant to this

18 paragraph either before or during trial shall be

19 expedited by the court of appeals. Prior to trial,

20 an appeal shall be taken not later than 10 days

21 after the decision or order appealed from, and

22 the trial shall not commence until the appeal is

23 resolved. If an appeal is taken during trial, the

24 trial court shall adjourn the trial until the ap25 peal is resolved. The court of appeals—
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1 ‘‘(i) shall hear argument on such ap2 peal not later than 4 days after the ad3 journment of the trial;

4 ‘‘(ii) may dispense with written briefs

5 other than the supporting materials pre6 viously submitted to the trial court;

7 ‘‘(iii) shall render its decision not

8 later than 4 days after argument on ap9 peal; and

10 ‘‘(iv) may dispense with the issuance

11 of a written opinion in rendering its deci12 sion.

13 ‘‘(C) An interlocutory appeal and decision

14 under this paragraph shall not affect the right

15 of the defendant, in a subsequent appeal from

16 a final judgment, to claim as error, reversal by

17 the trial court on remand of a ruling appealed

18 from during trial.

19 ‘‘(4) CONSTRUCTION.—Nothing in this sub20 section shall prevent the United States from seeking

21 protective orders or asserting privileges ordinarily

22 available to the United States to protect against the

23 disclosure of classified information, including the in24 vocation of the military and State secrets privilege.

25 ‘‘(k) DEFINITIONS.—As used in this section—
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1 ‘‘(1) the term ‘classified information’ means

2 any information or material that has been deter3 mined by the United States Government pursuant to

4 an Executive order, statute, or regulation, to require

5 protection against unauthorized disclosure for rea6 sons of national security and any restricted data, as

7 defined in paragraph (r) of section 11 of the Atomic

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

9 ‘‘(2)(A) the term ‘control group’ means the offi10 cers or agents charged with directing the affairs of

11 the organization;

12 ‘‘(B) if a single officer or agent is authorized to

13 conduct the affairs of the organization, the knowl14 edge of the officer or agent that the organization or

15 its resources are being used for terrorism activities

16 shall constitute knowledge of the control group;

17 ‘‘(C) if a single officer or agent is a member of

18 a group empowered to conduct the affairs of the or19 ganization but cannot conduct the affairs of the or20 ganization on his or her own authority, that person’s

21 knowledge shall not constitute knowledge by the con22 trol group unless that person’s knowledge is shared

23 by a sufficient number of members of the group so

24 that the group with knowledge has the authority to

25 conduct the affairs of the organization;
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1 ‘‘(3) the term ‘financial institution’ has the

2 meaning prescribed in section 5312(a)(2) of title 31,

3 United States Code, including any regulations pro4 mulgated thereunder;

5 ‘‘(4) the term ‘funds’ includes coin or currency

6 of the United States or any other country, traveler’s

7 checks, personal checks, bank checks, money orders,

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

9 any other negotiable instrument, and any electronic

10 representation of any of the foregoing;

11 ‘‘(5) the term ‘national security’ means the na12 tional defense and foreign relations of the United

13 States;

14 ‘‘(6) the term ‘person’ includes an individual,

15 partnership, association, group, corporation, or other

16 organization;

17 ‘‘(7) the term ‘Secretary’ means the Secretary

18 of the Treasury; and

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

20 geographical sense, includes all commonwealths, ter21 ritories, and possessions of the United States.’’.

22 (b) TECHNICAL AMENDMENT.—The analysis for

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

24 by adding at the end the following new item:

‘‘2339B. Fundraising for terrorist organizations.’’.
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1 (c) CLASSIFIED INFORMATION IN CIVIL PROCEED2 INGS.—Section 2339B(k) of title 18, United States Code

3 (relating to classified information in civil proceedings

4 brought by the United States), shall also be applicable to

5 civil proceedings brought by the United States under the

6 International Emergency Economic Powers Act (50

7 U.S.C. 1701 et seq.).

8 SEC. 402. CORRECTION TO MATERIAL SUPPORT PROVI9 SION.

10 Section 2339A of title 18, United States Code, is

11 amended to read as follows:

12 ‘‘§ 2339A. Providing material support to terrorists

13 ‘‘(a) DEFINITION.—In this section, ‘material support

14 or resources’ means currency or other financial securities,

15 financial services, lodging, training, safehouses, false doc16 umentation or identification, communications equipment,

17 facilities, weapons, lethal substances, explosives, person18 nel, transportation, and other physical assets, but does not

19 include humanitarian assistance to persons not directly in20 volved in such violations.

21 ‘‘(b) OFFENSE.—A person who, within the United

22 States, provides material support or resources or conceals

23 or disguises the nature, location, source, or ownership of

24 material support or resources, knowing or intending that

25 they are to be used in preparation for, or in carrying out,
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1 a violation of section 32, 37, 351, 844(f) or (i), 956, 1114,

2 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, or

3 2332a of this title or section 46502 of title 49, or in prepa4 ration for or carrying out the concealment or an escape

5 from the commission of any such violation, shall be fined

6 under this title, imprisoned not more than 10 years, or

7 both.’’.

8 TITLE V—ASSISTANCE TO FED9 ERAL LAW ENFORCEMENT

10 AGENCIES

11 Subtitle A—Antiterrorism

12 Assistance

13 SEC. 501. DISCLOSURE OF CERTAIN CONSUMER REPORTS

14 TO THE FEDERAL BUREAU OF INVESTIGA15 TION FOR FOREIGN COUNTERINTELLIGENCE

16 INVESTIGATIONS.

17 (a) IN GENERAL.—The Fair Credit Reporting Act

18 (15 U.S.C. 1681 et seq.) is amended by adding after sec19 tion 623 the following new section:

20 ‘‘SEC. 624. DISCLOSURES TO THE FEDERAL BUREAU OF IN21 VESTIGATION FOR FOREIGN COUNTERINTEL22 LIGENCE PURPOSES.

23 ‘‘(a) IDENTITY OF FINANCIAL INSTITUTIONS.—(1)

24 Notwithstanding section 604 or any other provision of this

25 title, a court or magistrate judge may issue an order ex
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1 parte directing a consumer reporting agency to furnish to

2 the Federal Bureau of Investigation the names and ad3 dresses of all financial institutions (as that term is defined

4 in section 1101 of the Right to Financial Privacy Act of

5 1978) at which a consumer maintains or has maintained

6 an account, to the extent that information is in the files

7 of the agency. The court or magistrate judge shall issue

8 the order if the Director of the Federal Bureau of Inves9 tigation, or the Director’s designee, certifies in writing to

10 the court or magistrate judge that—

11 ‘‘(A) such information is necessary for the con12 duct of an authorized foreign counterintelligence in13 vestigation; and

14 ‘‘(B) there are specific and articulable facts giv15 ing reason to believe that the consumer—

16 ‘‘(i) is a foreign power (as defined in sec17 tion 101 of the Foreign Intelligence Surveil18 lance Act of 1978) or a person who is not a

19 United States person (as defined in such sec20 tion 101) and is an official of a foreign power;

21 or

22 ‘‘(ii) is an agent of a foreign power and is

23 engaging or has engaged in international terror24 ism (as that term is defined in section 101(c)

25 of the Foreign Intelligence Surveillance Act of
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1 1978) or clandestine intelligence activities that

2 involve or may involve a violation of criminal

3 statutes of the United States.

4 ‘‘(2) An order issued under this subsection shall not

5 disclose that it is issued for purposes of a counterintel6 ligence investigation.

7 ‘‘(b) IDENTIFYING INFORMATION.—(1) Notwith8 standing section 604 or any other provision of this title,

9 a court or magistrate judge shall issue an order ex parte

10 directing a consumer reporting agency to furnish identify11 ing information respecting a consumer, limited to name,

12 address, former addresses, places of employment, or

13 former places of employment, to the Federal Bureau of

14 Investigation. The court or magistrate judge shall issue

15 the order if the Director or the Director’s designee, cer16 tifies in writing that—

17 ‘‘(A) such information is necessary to the con18 duct of an authorized foreign counterintelligence in19 vestigation; and

20 ‘‘(B) there is information giving reason to be21 lieve that the consumer has been, or is about to be,

22 in contact with a foreign power or an agent of a for23 eign power (as defined in section 101 of the Foreign

24 Intelligence Surveillance Act of 1978).
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1 ‘‘(2) An order issued under this subsection shall not

2 disclose that it is issued for purposes of a counterintel3 ligence investigation.

4 ‘‘(c) COURT ORDER FOR DISCLOSURE OF CONSUMER

5 REPORTS.—(1) Notwithstanding section 604 or any other

6 provision of this title, if requested in writing by the Direc7 tor of the Federal Bureau of Investigation, or an author8 ized designee of the Director, a court may issue an order

9 ex parte directing a consumer reporting agency to furnish

10 a consumer report to the Federal Bureau of Investigation,

11 upon a showing in camera that—

12 ‘‘(A) the consumer report is necessary for the

13 conduct of an authorized foreign counterintelligence

14 investigation; and

15 ‘‘(B) there are specific and articulable facts giv16 ing reason to believe that the consumer whose

17 consumer report is sought—

18 ‘‘(i) is an agent of a foreign power; and

19 ‘‘(ii) is engaging or has engaged in inter20 national terrorism (as that term is defined in

21 section 101(c) of the Foreign Intelligence Sur22 veillance Act of 1978) or clandestine intel23 ligence activities that involve or may involve a

24 violation of criminal statutes of the United

25 States.
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1 ‘‘(2) An order issued under this subsection shall not

2 disclose that it is issued for purposes of a counterintel3 ligence investigation.

4 ‘‘(d) CONFIDENTIALITY.—(1) No consumer reporting

5 agency or officer, employee, or agent of a consumer report6 ing agency shall disclose to any person, other than officers,

7 employees, or agents of a consumer reporting agency nec8 essary to fulfill the requirement to disclose information to

9 the Federal Bureau of Investigation under this section,

10 that the Federal Bureau of Investigation has sought or

11 obtained the identity of financial institutions or a

12 consumer report respecting any consumer under sub13 section (a), (b), or (c).

14 ‘‘(2) No consumer reporting agency or officer, em15 ployee, or agent of a consumer reporting agency shall in16 clude in any consumer report any information that would

17 indicate that the Federal Bureau of Investigation has

18 sought or obtained such information or a consumer report.

19 ‘‘(e) PAYMENT OF FEES.—The Federal Bureau of

20 Investigation is authorized, subject to the availability of

21 appropriations, pay to the consumer reporting agency as22 sembling or providing reports or information in accord23 ance with procedures established under this section, a fee

24 for reimbursement for such costs as are reasonably nec25 essary and which have been directly incurred in searching,
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1 reproducing, or transporting books, papers, records, or

2 other data required or requested to be produced under this

3 section.

4 ‘‘(f) LIMIT ON DISSEMINATION.—The Federal Bu5 reau of Investigation may not disseminate information ob6 tained pursuant to this section outside of the Federal Bu7 reau of Investigation, except—

8 ‘‘(1) to the Department of Justice, as may be

9 necessary for the approval or conduct of a foreign

10 counterintelligence investigation; or

11 ‘‘(2) where the information concerns a person

12 subject to the Uniform Code of Military Justice, to

13 appropriate investigative authorities within the mili14 tary department concerned as may be necessary for

15 the conduct of a joint foreign counterintelligence in16 vestigation.

17 ‘‘(g) RULES OF CONSTRUCTION.—Nothing in this

18 section shall be construed to prohibit information from

19 being furnished by the Federal Bureau of Investigation

20 pursuant to a subpoena or court order, or in connection

21 with a judicial or administrative proceeding to enforce the

22 provisions of this Act. Nothing in this section shall be con23 strued to authorize or permit the withholding of informa24 tion from the Congress.
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1 ‘‘(h) REPORTS TO CONGRESS.—On an annual basis,

2 the Attorney General shall fully inform the Permanent Se3 lect Committee on Intelligence and the Committee on

4 Banking and Financial Services of the House of Rep5 resentatives, and the Select Committee on Intelligence and

6 the Committee on Banking, Housing, and Urban Affairs

7 of the Senate concerning all requests made pursuant to

8 subsections (a), (b), and (c).

9 ‘‘(i) DAMAGES.—Any agency or department of the

10 United States obtaining or disclosing any consumer re11 ports, records, or information contained therein in viola12 tion of this section is liable to the consumer to whom such

13 consumer reports, records, or information relate in an

14 amount equal to the sum of—

15 ‘‘(1) $100, without regard to the volume of

16 consumer reports, records, or information involved;

17 ‘‘(2) any actual damages sustained by the

18 consumer as a result of the disclosure;

19 ‘‘(3) if the violation is found to have been will20 ful or intentional, such punitive damages as a court

21 may allow; and

22 ‘‘(4) in the case of any successful action to en23 force liability under this subsection, the costs of the

24 action, together with reasonable attorney fees, as de25 termined by the court.
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1 ‘‘(j) DISCIPLINARY ACTIONS FOR VIOLATIONS.—If a

2 court determines that any agency or department of the

3 United States has violated any provision of this section

4 and the court finds that the circumstances surrounding

5 the violation raise questions of whether or not an officer

6 or employee of the agency or department acted willfully

7 or intentionally with respect to the violation, the agency

8 or department shall promptly initiate a proceeding to de9 termine whether or not disciplinary action is warranted

10 against the officer or employee who was responsible for

11 the violation.

12 ‘‘(k) GOOD-FAITH EXCEPTION.—Notwithstanding

13 any other provision of this title, any consumer reporting

14 agency or agent or employee thereof making disclosure of

15 consumer reports or identifying information pursuant to

16 this subsection in good-faith reliance upon a certification

17 of the Federal Bureau of Investigation pursuant to provi18 sions of this section shall not be liable to any person for

19 such disclosure under this title, the constitution of any

20 State, or any law or regulation of any State or any politi21 cal subdivision of any State notwithstanding.

22 ‘‘(l) INJUNCTIVE RELIEF.—In addition to any other

23 remedy contained in this section, injunctive relief shall be

24 available to require compliance with the procedures of this

25 section. In the event of any successful action under this
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1 subsection, costs together with reasonable attorney fees,

2 as determined by the court, may be recovered.’’.

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

4 at the beginning of the Fair Credit Reporting Act (15

5 U.S.C. 1681a et seq.) is amended by adding after the item

6 relating to section 623 the following new item:

‘‘624. Disclosures to the Federal Bureau of Investigation for foreign counterintelligence purposes.’’.

7 SEC. 502. ACCESS TO RECORDS OF COMMON CARRIERS,

8 PUBLIC ACCOMMODATION FACILITIES, PHYS9 ICAL STORAGE FACILITIES, AND VEHICLE

10 RENTAL FACILITIES IN FOREIGN COUNTER11 INTELLIGENCE AND COUNTERTERRORISM

12 CASES.

13 Title 18, United States Code, is amended by inserting

14 after chapter 121 the following new chapter:

15 ‘‘CHAPTER 122—ACCESS TO CERTAIN

16 RECORDS

17 ‘‘§ 2720. Access to records of common carriers, public

18 accommodation facilities, physical stor19 age facilities, and vehicle rental facilities

20 in counterintelligence and counter21 terrorism cases

22 ‘‘(a)(1) A court or magistrate judge may issue an

23 order ex parte directing any common carrier, public ac24 commodation facility, physical storage facility, or vehicle
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1 rental facility to furnish any records in its possession to

2 the Federal Bureau of Investigation. The court or mag3 istrate judge shall issue the order if the Director of the

4 Federal Bureau of Investigation or the Director’s designee

5 (whose rank shall be no lower than Assistant Special

6 Agent in Charge) certifies in writing that—

7 ‘‘(A) such records are sought for foreign coun8 terintelligence purposes; and

9 ‘‘(B) there are specific and articulable facts giv10 ing reason to believe that the person to whom the

11 records pertain is a foreign power or an agent of a

12 foreign power as defined in section 101 of the For13 eign Intelligence Surveillance Act of 1978 (50

14 U.S.C. 801).

15 ‘‘(2) An order issued under this subsection shall not

16 disclose that it is issued for purposes of a counterintel17 ligence investigation.

18 ‘‘(b) No common carrier, public accommodation facil19 ity, physical storage facility, or vehicle rental facility, or

20 any officer, employee, or agent of such common carrier,

21 public accommodation facility, physical storage facility, or

22 vehicle rental facility, shall disclose to any person, other

23 than those officers, agents, or employees of the common

24 carrier, public accommodation facility, physical storage fa25 cility, or vehicle rental facility necessary to fulfill the re-
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1 quirement to disclose the information to the Federal Bu2 reau of Investigation under this section.

3 ‘‘(c) As used in this chapter—

4 ‘‘(1) the term ‘common carrier’ means a loco5 motive, rail carrier, bus carrying passengers, water

6 common carrier, air common carrier, or private com7 mercial interstate carrier for the delivery of pack8 ages and other objects;

9 ‘‘(2) the term ‘public accommodation facility’

10 means any inn, hotel, motel, or other establishment

11 that provides lodging to transient guests;

12 ‘‘(3) the term ‘physical storage facility’ means

13 any business or entity that provides space for the

14 storage of goods or materials, or services related to

15 the storage of goods or materials, to the public or

16 any segment thereof; and

17 ‘‘(4) the term ‘vehicle rental facility’ means any

18 person or entity that provides vehicles for rent,

19 lease, loan, or other similar use, to the public or any

20 segment thereof.’’.
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1 SEC. 503. INCREASE IN MAXIMUM REWARDS FOR INFORMA2 TION CONCERNING INTERNATIONAL TER3 RORISM.

4 (a) TERRORISM ABROAD.—Section 36 of the State

5 Department Basic Authorities Act of 1956 (22 U.S.C.

6 2708) is amended—

7 (1) in subsection (c), by striking ‘‘$2,000,000’’

8 and inserting ‘‘$10,000,000’’; and

9 (2) in subsection (g), by striking ‘‘$5,000,000’’

10 and inserting ‘‘$10,000,000.

11 (b) DOMESTIC TERRORISM.—Title 18, United States

12 Code, is amended—

13 (1) in section 3072, by striking ‘‘$500,000’’

14 and inserting ‘‘$10,000,000’’; and

15 (2) in section 3075, by striking ‘‘$5,000,000’’

16 and inserting ‘‘$10,000,000’’.

17 (c) GENERAL REWARD AUTHORITY OF THE ATTOR18 NEY GENERAL.—

19 (1) IN GENERAL.—Chapter 203 of title 18,

20 United States Code, is amended by adding imme21 diately after section 3059A the following section:

22 ‘‘§ 3059B. General reward authority

23 ‘‘(a) Notwithstanding any other provision of law, the

24 Attorney General may pay rewards and receive from any

25 department or agency funds for the payment of rewards
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1 under this section to any individual who assists the De2 partment of Justice in performing its functions.

3 ‘‘(b) Not later than 30 days after authorizing a re4 ward under this section that exceeds $100,000, the Attor5 ney General shall give notice to the respective chairmen

6 of the Committees on Appropriations and the Committees

7 on the Judiciary of the Senate and the House of Rep8 resentatives.

9 ‘‘(c) A determination made by the Attorney General

10 to authorize an award under this section and the amount

11 of any reward authorized shall be final and conclusive, and

12 not subject to judicial review.’’.

13 Subtitle B—Intelligence and

14 Investigation Enhancements

15 SEC. 511. STUDY AND REPORT ON ELECTRONIC SURVEIL16 LANCE.

17 (a) STUDY.—The Attorney General and the Director

18 of the Federal Bureau of Investigation shall study all ap19 plicable laws and guidelines relating to electronic surveil20 lance and the use of pen registers and other trap and trace

21 devices.

22 (b) REPORT.—Not later than 90 days after the date

23 of enactment of this Act, the Attorney General shall sub24 mit a report to the Congress that includes—
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1 (1) the findings of the study conducted pursu2 ant to subsection (a);

3 (2) recommendations for the use of electronic

4 devices in conducting surveillance of terrorist or

5 other criminal organizations, and for any modifica6 tions in the law necessary to enable the Federal

7 Government to fulfill its law enforcement respon8 sibilities within appropriate constitutional param9 eters; and

10 (3) a summary of efforts to use current wiretap

11 authority, including detailed examples of situations

12 in which expanded authority would have enabled law

13 enforcement authorities to fulfill their responsibil14 ities.

15 SEC. 512. AUTHORIZATION FOR INTERCEPTIONS OF COM16 MUNICATIONS IN CERTAIN TERRORISM RE17 LATED OFFENSES.

18 Section 2516(1) of title 18, United States Code, is

19 amended—

20 (1) in paragraph (c)—

21 (A) by inserting before ‘‘or section 1992

22 (relating to wrecking trains)’’ the following:

23 ‘‘section 2332 (relating to terrorist acts

24 abroad), section 2332a (relating to weapons of

25 mass destruction, section 2332b (relating to
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1 acts of terrorism transcending national bound2 aries), section 2339A (relating to providing ma3 terial support to terrorists), section 37 (relating

4 to violence at international airports),’’; and

5 (B) by inserting after ‘‘section 175 (relat6 ing to biological weapons),’’ the following: ‘‘or a

7 felony violation under section 1028 (relating to

8 production of false identification documenta9 tion), sections 1541, 1542, 1543, 1544, and

10 1546 (relating to passport and visa offenses),’’;

11 (2) by striking ‘‘and’’ at the end of paragraph

12 (o), as so redesignated by section 512(a)(2);

13 (3) by redesignating paragraph (p), as so redes14 ignated by section 512(a)(2), as paragraph (s); and

15 (4) by inserting after paragraph (o), as so re16 designated by section 512(a)(2), the following new

17 subparagraphs:

18 ‘‘(p) any violation of section 956 or section 960 of

19 title 18, United States Code (relating to certain actions

20 against foreign nations);

21 ‘‘(q) any violation of section 46502 of title 49, United

22 States Code; and’’.
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1 SEC. 513. REQUIREMENT TO PRESERVE EVIDENCE.

2 Section 2703 of title 18, United States Code, is

3 amended by adding at the end the following new sub4 section:

5 ‘‘(f) REQUIREMENT TO PRESERVE EVIDENCE.—A

6 provider of wire or electronic communication services or

7 a remote computing service, upon the request of a govern8 mental entity, shall take all necessary steps to preserve

9 records and other evidence in its possession pending the

10 issuance of a court order or other process. Such records

11 shall be retained for a period of 90 days, which period

12 shall be extended for an additional 90-day period upon a

13 renewed request by the governmental entity.’’.

14 Subtitle C—Additional Funding for

15 Law Enforcement

16 SEC. 521. FEDERAL BUREAU OF INVESTIGATION ASSIST17 ANCE TO COMBAT TERRORISM.

18 (a) IN GENERAL.—With funds made available pursu19 ant to subsection (b), the Attorney General shall—

20 (1) develop digital telephony technology;

21 (2) support and enhance the technical support

22 center and tactical operations;

23 (3) create a Federal Bureau of Investigation

24 counterterrorism and counterintelligence fund for

25 costs associated with terrorism cases;
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1 (4) expand and improve the instructional, oper2 ational support, and construction of the Federal Bu3 reau of Investigation academy;

4 (5) construct an FBI laboratory, provide lab5 oratory examination support, and provide for a Com6 mand Center;

7 (6) make funds available to the chief executive

8 officer of each State to carry out the activities de9 scribed in subsection (d); and

10 (7) enhance personnel to support

11 counterterrorism activities.

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated for the activities of the

14 Federal Bureau of Investigation, to help meet the in15 creased demands for activities to combat terrorism—

16 (1) $300,000,000 for fiscal year 1996;

17 (2) $225,000,000 for fiscal year 1997;

18 (3) $328,000,000 for fiscal year 1998;

19 (4) $190,000,000 for fiscal year 1999; and

20 (5) $183,000,000 for fiscal year 2000.

21 (c) AVAILABILITY OF FUNDS.—

22 (1) IN GENERAL.—Funds made available pur23 suant to subsection (b), in any fiscal year, shall re24 main available until expended.

25 (d) STATE GRANTS.—
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1 (1) IN GENERAL.—Any funds made available

2 for purposes of subsection (a)(6) may be expended—

3 (A) by the Director of the Federal Bureau

4 of Investigation to expand the combined DNA

5 Identification System (CODIS) to include Fed6 eral crimes and crimes committed in the Dis7 trict of Columbia; and

8 (B) by the Attorney General, in consulta9 tion with the Director of the Federal Bureau of

10 Investigation to make funds available to the

11 chief executive officer of each State to carry out

12 the activities described in paragraph (2).

13 (2) GRANT PROGRAM.—

14 (A) USE OF FUNDS.—The executive officer

15 of each State shall use any funds made avail16 able under paragraph (1)(B) in conjunction

17 with units of local government, other States, or

18 combinations thereof, to carry out all or part of

19 a program to establish, develop, update, or up20 grade—

21 (i) computerized identification systems

22 that are compatible and integrated with

23 the databases of the National Crime Infor24 mation Center of the Federal Bureau of

25 Investigation;
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1 (ii) ballistics identification programs

2 that are compatible and integrated with

3 the Drugfire Program of the Federal Bu4 reau of Investigation;

5 (iii) the capability to analyze

6 deoxyribonucleic acid (DNA) in a forensic

7 laboratory in ways that are compatible and

8 integrated with the combined DNA Identi9 fication System (CODIS) of the Federal

10 Bureau of Investigation; and

11 (iv) automated fingerprint identifica12 tion systems that are compatible and inte13 grated with the Integrated Automated Fin14 gerprint Identification System (IAFIS) of

15 the Federal Bureau of Investigation.

16 (B) ELIGIBILITY.—To be eligible to receive

17 funds under this paragraph, a State shall re18 quire that each person convicted of a felony of

19 a sexual nature shall provide to appropriate

20 State law enforcement officials, as designated

21 by the chief executive officer of the State, a

22 sample of blood, saliva, or other specimen nec23 essary to conduct a DNA analysis consistent

24 with the standards established for DNA testing
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1 by the Director of the Federal Bureau of Inves2 tigation.

3 (C) INTERSTATE COMPACTS.—A State may

4 enter into a compact or compacts with another

5 State or States to carry out this subsection.

6 (D) ALLOCATION.—(i) Of the total amount

7 appropriated pursuant to this section in a fiscal

8 year—

9 (I) $500,000 or 0.25 percent, which10 ever is greater, shall be allocated to each

11 of the participating States; and

12 (II) of the total funds remaining after

13 the allocation under subclause (I), there

14 shall be allocated to each State an amount

15 which bears the same ratio to the amount

16 of remaining funds described in this sub17 paragraph as the population of such State

18 bears to the population of all States.

19 (ii) DEFINITION.—For purposes of this

20 subparagraph, the term ‘‘State’’ means any

21 State of the United States, the District of Co22 lumbia, the Commonwealth of Puerto Rico, the

23 Virgin Islands, American Samoa, Guam, and

24 the Northern Mariana Islands, except that for

25 purposes of the allocation under this subpara-
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1 graph, American Samoa and the Common2 wealth of the Northern Mariana Islands shall

3 be considered as one State and that for these

4 purposes, 67 percent of the amounts allocated

5 shall be allocated to American Samoa, and 33

6 percent to the Commonwealth of the Northern

7 Mariana Islands.

8 SEC. 522. AUTHORIZATION OF ADDITIONAL APPROPRIA9 TIONS FOR THE UNITED STATES CUSTOMS

10 SERVICE.

11 (a) IN GENERAL.—There are authorized to be appro12 priated for the activities of the United States Customs

13 Service, to help meet the increased needs of the United

14 States Customs Service—

15 (1) $6,000,000 for fiscal year 1996;

16 (2) $6,000,000 for fiscal year 1997;

17 (3) $6,000,000 for fiscal year 1998;

18 (4) $5,000,000 for fiscal year 1999; and

19 (5) $5,000,000 for fiscal year 2000.

20 (b) AVAILABILITY OF FUNDS.—Funds made avail21 able pursuant to subsection (a), in any fiscal year, shall

22 remain available until expended.
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1 SEC. 523. AUTHORIZATION OF ADDITIONAL APPROPRIA2 TIONS FOR THE IMMIGRATION AND NATU3 RALIZATION SERVICE.

4 (a) IN GENERAL.—There are authorized to be appro5 priated for the activities of the Immigration and Natu6 ralization Service, to help meet the increased needs of the

7 Immigration and Naturalization Service $5,000,000 for

8 each of the fiscal years 1996, 1997, 1998, 1999, and

9 2000.

10 (b) AVAILABILITY OF FUNDS.—Funds made avail11 able pursuant to subsection (a), in any fiscal year, shall

12 remain available until expended.

13 SEC. 524. DRUG ENFORCEMENT ADMINISTRATION.

14 (a) ACTIVITIES OF DRUG ENFORCEMENT ADMINIS15 TRATION.—With funds made available pursuant to sub16 section (b), the Attorney General shall—

17 (1) fund antiviolence crime initiatives;

18 (2) fund major violators’ initiatives; and

19 (3) enhance or replace infrastructure.

20 (b) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated to the Drug Enforce22 ment Administration, to help meet the increased needs of

23 the Drug Enforcement Administration—

24 (1) $60,000,000 for fiscal year 1996;

25 (2) $70,000,000 for fiscal year 1997;

26 (3) $80,000,000 for fiscal year 1998;
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1 (4) $90,000,000 for fiscal year 1999; and

2 (5) $100,000,000 for fiscal year 2000.

3 (c) AVAILABILITY OF FUNDS.—Funds made available

4 pursuant to this section, in any fiscal year, shall remain

5 available until expended.

6 SEC. 525. DEPARTMENT OF JUSTICE.

7 (a) IN GENERAL.—Subject to the availability of ap8 propriations, the Attorney General shall—

9 (1) hire additional Assistant United States At10 torneys, and

11 (2) provide for increased security at court12 houses and other facilities housing Federal workers.

13 (b) AUTHORIZATION OF ADDITIONAL APPROPRIA14 TIONS.—There are authorized to be appropriated for the

15 activities of the Department of Justice, to hire additional

16 Assistant United States Attorneys and personnel for the

17 Criminal Division of the Department of Justice and pro18 vide increased security to meet the needs resulting from

19 this Act $20,000,000 for each of the fiscal years 1996,

20 1997, 1998, 1999, and 2000.

21 (c) AVAILABILITY OF FUNDS.—Funds made available

22 pursuant to this section, in any fiscal year, shall remain

23 available until expended.
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1 SEC. 526. AUTHORIZATION OF ADDITIONAL APPROPRIA2 TIONS FOR THE DEPARTMENT OF THE

3 TREASURY.

4 (a) IN GENERAL.—There are authorized to be appro5 priated for the activities of the Bureau of Alcohol, Tobacco

6 and Firearms, to augment counterterrorism efforts—

7 (1) $20,000,000 for fiscal year 1996;

8 (2) $20,000,000 for fiscal year 1997;

9 (3) $20,000,000 for fiscal year 1998;

10 (4) $20,000,000 for fiscal year 1999; and

11 (5) $20,000,000 for fiscal year 2000.

12 (b) IN GENERAL.—There are authorized to be appro13 priated for the activities of the United States Secret Serv14 ice, to augment White House security and expand Presi15 dential protection activities—

16 (1) $62,000,000 for fiscal year 1996;

17 (2) $25,000,000 for fiscal year 1997;

18 (3) $25,000,000 for fiscal year 1998;

19 (4) $25,000,000 for fiscal year 1999; and

20 (5) $25,000,000 for fiscal year 2000.

21 SEC. 527. FUNDING SOURCE.

22 Notwithstanding any other provision of law, funding

23 for authorizations provided in this subtitle may be paid

24 for out of the Violent Crime Reduction Trust Fund.
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1 SEC. 528. DETERRENT AGAINST TERRORIST ACTIVITY DAM2 AGING A FEDERAL INTEREST COMPUTER.

3 The United States Sentencing Commission shall re4 view existing guideline levels as they apply to sections

5 1030(a)(4) and 1030(a)(5) of title 18, United States

6 Code, and report to Congress on their findings as to their

7 deterrent effect within 60 calendar days. Furthermore, the

8 Commission shall promulgate guideline amendments that

9 will ensure that individuals convicted under sections

10 1030(a)(4) and 1030(a)(5) of title 18, United States

11 Code, are incarcerated for not less than 6 months.

12 TITLE VI—CRIMINAL

13 PROCEDURAL IMPROVEMENTS

14 Subtitle A—Habeas Corpus Reform

15 SEC. 601. FILING DEADLINES.

16 Section 2244 of title 28, United States Code, is

17 amended by adding at the end the following new sub18 section:

19 ‘‘(d)(1) A 1-year period of limitation shall apply to

20 an application for a writ of habeas corpus by a person

21 in custody pursuant to the judgment of a State court. The

22 limitation period shall run from the latest of—

23 ‘‘(A) the date on which the judgment became

24 final by the conclusion of direct review or the expira25 tion of the time for seeking such review;
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1 ‘‘(B) the date on which the impediment to filing

2 an application created by State action in violation of

3 the Constitution or laws of the United States is re4 moved, if the applicant was prevented from filing by

5 such State action;

6 ‘‘(C) the date on which the constitutional right

7 asserted was initially recognized by the Supreme

8 Court, if the right has been newly recognized by the

9 Supreme Court and made retroactively applicable to

10 cases on collateral review; or

11 ‘‘(D) the date on which the factual predicate of

12 the claim or claims presented could have been dis13 covered through the exercise of due diligence.

14 ‘‘(2) The time during which a properly filed applica15 tion for State post-conviction or other collateral review

16 with respect to the pertinent judgment or claim shall not

17 be counted toward any period of limitation under this sub18 section.’’.

19 SEC. 602. APPEAL.

20 Section 2253 of title 28, United States Code, is

21 amended to read as follows:

22 ‘‘§ 2253. Appeal

23 ‘‘(a) In a habeas corpus proceeding or a proceeding

24 under section 2255 before a district judge, the final order
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1 shall be subject to review, on appeal, by the court of ap2 peals for the circuit in which the proceeding is held.

3 ‘‘(b) There shall be no right of appeal from a final

4 order in a proceeding to test the validity of a warrant to

5 remove to another district or place for commitment or trial

6 a person charged with a criminal offense against the Unit7 ed States, or to test the validity of such person’s detention

8 pending removal proceedings.

9 ‘‘(c)(1) Unless a circuit justice or judge issues a cer10 tificate of appealability, an appeal may not be taken to

11 the court of appeals from—

12 ‘‘(A) the final order in a habeas corpus proceed13 ing in which the detention complained of arises out

14 of process issued by a State court; or

15 ‘‘(B) the final order in a proceeding under sec16 tion 2255.

17 ‘‘(2) A certificate of appealability may issue under

18 paragraph (1) only if the applicant has made a substantial

19 showing of the denial of a constitutional right.

20 ‘‘(3) The certificate of appealability under paragraph

21 (1) shall indicate which specific issue or issues satisfy the

22 showing required by paragraph (2).’’.
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1 SEC. 603. AMENDMENT OF FEDERAL RULES OF APPELLATE

2 PROCEDURE.

3 Rule 22 of the Federal Rules of Appellate Procedure

4 is amended to read as follows:

5 ‘‘Rule 22. Habeas corpus and section 2255 pro6 ceedings

7 ‘‘(a) APPLICATION FOR THE ORIGINAL WRIT.—An

8 application for a writ of habeas corpus shall be made to

9 the appropriate district court. If application is made to

10 a circuit judge, the application shall be transferred to the

11 appropriate district court. If an application is made to or

12 transferred to the district court and denied, renewal of the

13 application before a circuit judge shall not be permitted.

14 The applicant may, pursuant to section 2253 of title 28,

15 United States Code, appeal to the appropriate court of ap16 peals from the order of the district court denying the writ.

17 ‘‘(b) CERTIFICATE OF APPEALABILITY.—In a habeas

18 corpus proceeding in which the detention complained of

19 arises out of process issued by a State court, an appeal

20 by the applicant for the writ may not proceed unless a

21 district or a circuit judge issues a certificate of

22 appealability pursuant to section 2253(c) of title 28, Unit23 ed States Code. If an appeal is taken by the applicant,

24 the district judge who rendered the judgment shall either

25 issue a certificate of appealability or state the reasons why

26 such a certificate should not issue. The certificate or the
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1 statement shall be forwarded to the court of appeals with

2 the notice of appeal and the file of the proceedings in the

3 district court. If the district judge has denied the certifi4 cate, the applicant for the writ may then request issuance

5 of the certificate by a circuit judge. If such a request is

6 addressed to the court of appeals, it shall be deemed ad7 dressed to the judges thereof and shall be considered by

8 a circuit judge or judges as the court deems appropriate.

9 If no express request for a certificate is filed, the notice

10 of appeal shall be deemed to constitute a request ad11 dressed to the judges of the court of appeals. If an appeal

12 is taken by a State or its representative, a certificate of

13 appealability is not required.’’.

14 SEC. 604. SECTION 2254 AMENDMENTS.

15 Section 2254 of title 28, United States Code, is

16 amended—

17 (1) by amending subsection (b) to read as fol18 lows:

19 ‘‘(b)(1) An application for a writ of habeas corpus

20 on behalf of a person in custody pursuant to the judgment

21 of a State court shall not be granted unless it appears

22 that—

23 ‘‘(A) the applicant has exhausted the remedies

24 available in the courts of the State; or
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1 ‘‘(B)(i) there is an absence of available State

2 corrective process; or

3 ‘‘(ii) circumstances exist that render such proc4 ess ineffective to protect the rights of the applicant.

5 ‘‘(2) An application for a writ of habeas corpus may

6 be denied on the merits, notwithstanding the failure of the

7 applicant to exhaust the remedies available in the courts

8 of the State.

9 ‘‘(3) A State shall not be deemed to have waived the

10 exhaustion requirement or be estopped from reliance upon

11 the requirement unless the State, through counsel, ex12 pressly waives the requirement.’’;

13 (2) by redesignating subsections (d), (e), and

14 (f) as subsections (e), (f), and (g), respectively;

15 (3) by inserting after subsection (c) the follow16 ing new subsection:

17 ‘‘(d) An application for a writ of habeas corpus on

18 behalf of a person in custody pursuant to the judgment

19 of a State court shall not be granted with respect to any

20 claim that was adjudicated on the merits in State court

21 proceedings unless the adjudication of the claim—

22 ‘‘(1) resulted in a decision that was contrary to,

23 or involved an unreasonable application of, clearly

24 established Federal law, as determined by the Su25 preme Court of the United States; or
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1 ‘‘(2) resulted in a decision that was based on an

2 unreasonable determination of the facts in light of

3 the evidence presented in the State court proceed4 ing.’’;

5 (4) by amending subsection (e), as redesignated

6 by paragraph (2), to read as follows:

7 ‘‘(e)(1) In a proceeding instituted by an application

8 for a writ of habeas corpus by a person in custody pursu9 ant to the judgment of a State court, a determination of

10 a factual issue made by a State court shall be presumed

11 to be correct. The applicant shall have the burden of re12 butting the presumption of correctness by clear and con13 vincing evidence.

14 ‘‘(2) If the applicant has failed to develop the factual

15 basis of a claim in State court proceedings, the court shall

16 not hold an evidentiary hearing on the claim unless the

17 applicant shows that—

18 ‘‘(A) the claim relies on—

19 ‘‘(i) a new rule of constitutional law, made

20 retroactive to cases on collateral review by the

21 Supreme Court, that was previously unavail22 able; or

23 ‘‘(ii) a factual predicate that could not

24 have been previously discovered through the ex25 ercise of due diligence; and
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1 ‘‘(B) the facts underlying the claim would be

2 sufficient to establish by clear and convincing evi3 dence that but for constitutional error, no reasonable

4 factfinder would have found the applicant guilty of

5 the underlying offense.’’; and

6 (5) by adding at the end the following new sub7 sections:

8 ‘‘(h) Except as provided in title 21, United States

9 Code, section 848, in all proceedings brought under this

10 section, and any subsequent proceedings on review, the

11 court may appoint counsel for an applicant who is or be12 comes financially unable to afford counsel, except as pro13 vided by a rule promulgated by the Supreme Court pursu14 ant to statutory authority. Appointment of counsel under

15 this section shall be governed by section 3006A of title

16 18.

17 ‘‘(i) The ineffectiveness or incompetence of counsel

18 during Federal or State collateral post-conviction proceed19 ings shall not be a ground for relief in a proceeding arising

20 under section 2254.’’.

21 SEC. 605. SECTION 2255 AMENDMENTS.

22 Section 2255 of title 28, United States Code, is

23 amended—

24 (1) by striking the second and fifth undesig25 nated paragraphs; and
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1 (2) by adding at the end the following new un2 designated paragraphs:

3 ‘‘A 1-year period of limitation shall apply to a motion

4 under this section. The limitation period shall run from

5 the latest of—

6 ‘‘(1) the date on which the judgment of convic7 tion becomes final;

8 ‘‘(2) the date on which the impediment to mak9 ing a motion created by governmental action in vio10 lation of the Constitution or laws of the United

11 States is removed, if the movant was prevented from

12 making a motion by such governmental action;

13 ‘‘(3) the date on which the right asserted was

14 initially recognized by the Supreme Court, if that

15 right has been newly recognized by the Supreme

16 Court and made retroactively applicable to cases on

17 collateral review; or

18 ‘‘(4) the date on which the facts supporting the

19 claim or claims presented could have been discovered

20 through the exercise of due diligence.

21 ‘‘Except as provided in title 21, United States Code,

22 section 848, in all proceedings brought under this section,

23 and any subsequent proceedings on review, the court may

24 appoint counsel for a movant who is or becomes financially

25 unable to afford counsel shall be in the discretion of the
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1 court, except as provided by a rule promulgated by the

2 Supreme Court pursuant to statutory authority. Appoint3 ment of counsel under this section shall be governed by

4 section 3006A of title 18.

5 ‘‘A second or successive motion must be certified as

6 provided in section 2244 by a panel of the appropriate

7 court of appeals to contain—

8 ‘‘(1) newly discovered evidence that, if proven

9 and viewed in light of the evidence as a whole, would

10 be sufficient to establish by clear and convincing evi11 dence that no reasonable factfinder would have

12 found the movant guilty of the offense; or

13 ‘‘(2) a new rule of constitutional law, made ret14 roactive to cases on collateral review by the Supreme

15 Court, that was previously unavailable.’’.

16 SEC. 606. LIMITS ON SECOND OR SUCCESSIVE APPLICA17 TIONS.

18 (a) CONFORMING AMENDMENT TO SECTION

19 2244(a).—Section 2244(a) of title 28, United States

20 Code, is amended by striking ‘‘and the petition’’ and all

21 that follows through ‘‘by such inquiry.’’ and inserting ‘‘,

22 except as provided in section 2255.’’.

23 (b) LIMITS ON SECOND OR SUCCESSIVE APPLICA24 TIONS.—Section 2244(b) of title 28, United States Code,

25 is amended to read as follows:
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1 ‘‘(b)(1) A claim presented in a second or successive

2 habeas corpus application under section 2254 that was

3 presented in a prior application shall be dismissed.

4 ‘‘(2) A claim presented in a second or successive ha5 beas corpus application under section 2254 that was not

6 presented in a prior application shall be dismissed un7 less—

8 ‘‘(A) the applicant shows that the claim relies

9 on a new rule of constitutional law, made retroactive

10 to cases on collateral review by the Supreme Court,

11 that was previously unavailable; or

12 ‘‘(B)(i) the factual predicate for the claim could

13 not have been discovered previously through the ex14 ercise of due diligence; and

15 ‘‘(ii) the facts underlying the claim, if proven

16 and viewed in light of the evidence as a whole, would

17 be sufficient to establish by clear and convincing evi18 dence that, but for constitutional error, no reason19 able factfinder would have found the applicant guilty

20 of the underlying offense.

21 ‘‘(3)(A) Before a second or successive application per22 mitted by this section is filed in the district court, the ap23 plicant shall move in the appropriate court of appeals for

24 an order authorizing the district court to consider the ap25 plication.
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1 ‘‘(B) A motion in the court of appeals for an order

2 authorizing the district court to consider a second or suc3 cessive application shall be determined by a three-judge

4 panel of the court of appeals.

5 ‘‘(C) The court of appeals may authorize the filing

6 of a second or successive application only if it determines

7 that the application makes a prima facie showing that the

8 application satisfies the requirements of this subsection.

9 ‘‘(D) The court of appeals shall grant or deny the

10 authorization to file a second or successive application not

11 later than 30 days after the filing of the motion.

12 ‘‘(E) The grant or denial of an authorization by a

13 court of appeals to file a second or successive application

14 shall not be appealable and shall not be the subject of a

15 petition for rehearing or for a writ of certiorari.

16 ‘‘(4) A district court shall dismiss any claim pre17 sented in a second or successive application that the court

18 of appeals has authorized to be filed unless the applicant

19 shows that the claim satisfies the requirements of this sec20 tion.’’.

21 SEC. 607. DEATH PENALTY LITIGATION PROCEDURES.

22 (a) ADDITION OF CHAPTER TO TITLE 28, UNITED

23 STATES CODE.—Title 28, United States Code, is amended

24 by inserting after chapter 153 the following new chapter:
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1 ‘‘CHAPTER 154—SPECIAL HABEAS CORPUS

2 PROCEDURES IN CAPITAL CASES

‘‘Sec.

‘‘2261. Prisoners in State custody subject to capital sentence; appointment of

counsel; requirement of rule of court or statute; procedures for

appointment.

‘‘2262. Mandatory stay of execution; duration; limits on stays of execution; successive petitions.

‘‘2263. Filing of habeas corpus application; time requirements; tolling rules.

‘‘2264. Scope of Federal review; district court adjudications.

‘‘2265. Application to State unitary review procedure.

‘‘2266. Limitation periods for determining applications and motions.

3 ‘‘§ 2261. Prisoners in State custody subject to capital

4 sentence; appointment of counsel; re5 quirement of rule of court or statute; pro6 cedures for appointment

7 ‘‘(a) This chapter shall apply to cases arising under

8 section 2254 brought by prisoners in State custody who

9 are subject to a capital sentence. It shall apply only if the

10 provisions of subsections (b) and (c) are satisfied.

11 ‘‘(b) This chapter is applicable if a State establishes

12 by statute, rule of its court of last resort, or by another

13 agency authorized by State law, a mechanism for the ap14 pointment, compensation, and payment of reasonable liti15 gation expenses of competent counsel in State post-convic16 tion proceedings brought by indigent prisoners whose cap17 ital convictions and sentences have been upheld on direct

18 appeal to the court of last resort in the State or have oth19 erwise become final for State law purposes. The rule of
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1 court or statute must provide standards of competency for

2 the appointment of such counsel.

3 ‘‘(c) Any mechanism for the appointment, compensa4 tion, and reimbursement of counsel as provided in sub5 section (b) must offer counsel to all State prisoners under

6 capital sentence and must provide for the entry of an

7 order by a court of record—

8 ‘‘(1) appointing one or more counsels to rep9 resent the prisoner upon a finding that the prisoner

10 is indigent and accepted the offer or is unable com11 petently to decide whether to accept or reject the

12 offer;

13 ‘‘(2) finding, after a hearing if necessary, that

14 the prisoner rejected the offer of counsel and made

15 the decision with an understanding of its legal con16 sequences; or

17 ‘‘(3) denying the appointment of counsel upon

18 a finding that the prisoner is not indigent.

19 ‘‘(d) No counsel appointed pursuant to subsections

20 (b) and (c) to represent a State prisoner under capital

21 sentence shall have previously represented the prisoner at

22 trial or on direct appeal in the case for which the appoint23 ment is made unless the prisoner and counsel expressly

24 request continued representation.
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1 ‘‘(e) The ineffectiveness or incompetence of counsel

2 during State or Federal post-conviction proceedings in a

3 capital case shall not be a ground for relief in a proceeding

4 arising under section 2254. This limitation shall not pre5 clude the appointment of different counsel, on the court’s

6 own motion or at the request of the prisoner, at any phase

7 of State or Federal post-conviction proceedings on the

8 basis of the ineffectiveness or incompetence of counsel in

9 such proceedings.

10 ‘‘§ 2262. Mandatory stay of execution; duration; limits

11 on stays of execution; successive peti12 tions

13 ‘‘(a) Upon the entry in the appropriate State court

14 of record of an order under section 2261(c), a warrant

15 or order setting an execution date for a State prisoner

16 shall be stayed upon application to any court that would

17 have jurisdiction over any proceedings filed under section

18 2254. The application shall recite that the State has in19 voked the post-conviction review procedures of this chapter

20 and that the scheduled execution is subject to stay.

21 ‘‘(b) A stay of execution granted pursuant to sub22 section (a) shall expire if—

23 ‘‘(1) a State prisoner fails to file a habeas cor24 pus application under section 2254 within the time

25 required in section 2263;
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1 ‘‘(2) before a court of competent jurisdiction, in

2 the presence of counsel, unless the prisoner has com3 petently and knowingly waived such counsel, and

4 after having been advised of the consequences, a

5 State prisoner under capital sentence waives the

6 right to pursue habeas corpus review under section

7 2254; or

8 ‘‘(3) a State prisoner files a habeas corpus peti9 tion under section 2254 within the time required by

10 section 2263 and fails to make a substantial showing

11 of the denial of a Federal right or is denied relief

12 in the district court or at any subsequent stage of

13 review.

14 ‘‘(c) If one of the conditions in subsection (b) has

15 occurred, no Federal court thereafter shall have the au16 thority to enter a stay of execution in the case, unless the

17 court of appeals approves the filing of a second or succes18 sive application under section 2244(b).

19 ‘‘§ 2263. Filing of habeas corpus application; time re20 quirements; tolling rules

21 ‘‘(a) Any application under this chapter for habeas

22 corpus relief under section 2254 must be filed in the ap23 propriate district court not later than 180 days after final

24 State court affirmance of the conviction and sentence on
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1 direct review or the expiration of the time for seeking such

2 review.

3 ‘‘(b) The time requirements established by subsection

4 (a) shall be tolled—

5 ‘‘(1) from the date that a petition for certiorari

6 is filed in the Supreme Court until the date of final

7 disposition of the petition if a State prisoner files

8 the petition to secure review by the Supreme Court

9 of the affirmance of a capital sentence on direct re10 view by the court of last resort of the State or other

11 final State court decision on direct review;

12 ‘‘(2) from the date on which the first petition

13 for post-conviction review or other collateral relief is

14 filed until the final State court disposition of such

15 petition; and

16 ‘‘(3) during an additional period not to exceed

17 30 days, if—

18 ‘‘(A) a motion for an extension of time is

19 filed in the Federal district court that would

20 have jurisdiction over the case upon the filing

21 of a habeas corpus application under section

22 2254; and

23 ‘‘(B) a showing of good cause is made for

24 the failure to file the habeas corpus application
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1 within the time period established by this sec2 tion.

3 ‘‘§ 2264. Scope of Federal review; district court adju4 dications

5 ‘‘(a) Whenever a State prisoner under capital sen6 tence files a petition for habeas corpus relief to which this

7 chapter applies, the district court shall only consider a

8 claim or claims that have been raised and decided on the

9 merits in the State courts, unless the failure to raise the

10 claim properly is—

11 ‘‘(1) the result of State action in violation of

12 the Constitution or laws of the United States;

13 ‘‘(2) the result of the Supreme Court recogni14 tion of a new Federal right that is made retro15 actively applicable; or

16 ‘‘(3) based on a factual predicate that could not

17 have been discovered through the exercise of due

18 diligence in time to present the claim for State or

19 Federal post-conviction review.

20 ‘‘(b) Following review subject to subsections (a), (d),

21 and (e) of section 2254, the court shall rule on the claims

22 properly before it.
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1 ‘‘§ 2265. Application to State unitary review proce2 dure

3 ‘‘(a) For purposes of this section, a ‘unitary review’

4 procedure means a State procedure that authorizes a per5 son under sentence of death to raise, in the course of di6 rect review of the judgment, such claims as could be raised

7 on collateral attack. This chapter shall apply, as provided

8 in this section, in relation to a State unitary review proce9 dure if the State establishes by rule of its court of last

10 resort or by statute a mechanism for the appointment,

11 compensation, and payment of reasonable litigation ex12 penses of competent counsel in the unitary review proceed13 ings, including expenses relating to the litigation of collat14 eral claims in the proceedings. The rule of court or statute

15 must provide standards of competency for the appoint16 ment of such counsel.

17 ‘‘(b) To qualify under this section, a unitary review

18 procedure must include an offer of counsel following trial

19 for the purpose of representation on unitary review, and

20 entry of an order, as provided in section 2261(c), concern21 ing appointment of counsel or waiver or denial of appoint22 ment of counsel for that purpose. No counsel appointed

23 to represent the prisoner in the unitary review proceedings

24 shall have previously represented the prisoner at trial in

25 the case for which the appointment is made unless the
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1 prisoner and counsel expressly request continued represen2 tation.

3 ‘‘(c) Sections 2262, 2263, 2264, and 2266 shall apply

4 in relation to cases involving a sentence of death from any

5 State having a unitary review procedure that qualifies

6 under this section. References to State ‘post-conviction re7 view’ and ‘direct review’ in such sections shall be under8 stood as referring to unitary review under the State proce9 dure. The reference in section 2262(a) to ‘an order under

10 section 2261(c)’ shall be understood as referring to the

11 post-trial order under subsection (b) concerning represen12 tation in the unitary review proceedings, but if a tran13 script of the trial proceedings is unavailable at the time

14 of the filing of such an order in the appropriate State

15 court, then the start of the 180-day limitation period

16 under section 2263 shall be deferred until a transcript is

17 made available to the prisoner or counsel of the prisoner.

18 ‘‘§ 2266. Limitation periods for determining applica19 tions and motions

20 ‘‘(a) The adjudication of any application under sec21 tion 2254 that is subject to this chapter, and the adjudica22 tion of any motion under section 2255 by a person under

23 sentence of death, shall be given priority by the district

24 court and by the court of appeals over all noncapital mat25 ters.
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1 ‘‘(b)(1)(A) A district court shall render a final deter2 mination and enter a final judgment on any application

3 for a writ of habeas corpus brought under this chapter

4 in a capital case not later than 180 days after the date

5 on which the application is filed.

6 ‘‘(B) A district court shall afford the parties at least

7 120 days in which to complete all actions, including the

8 preparation of all pleadings and briefs, and if necessary,

9 a hearing, prior to the submission of the case for decision.

10 ‘‘(C)(i) A district court may delay for not more than

11 one additional 30-day period beyond the period specified

12 in subparagraph (A), the rendering of a determination of

13 an application for a writ of habeas corpus if the court is14 sues a written order making a finding, and stating the

15 reasons for the finding, that the ends of justice that would

16 be served by allowing the delay outweigh the best interests

17 of the public and the applicant in a speedy disposition of

18 the application.

19 ‘‘(ii) The factors, among others, that a court shall

20 consider in determining whether a delay in the disposition

21 of an application is warranted are as follows:

22 ‘‘(I) Whether the failure to allow the delay

23 would be likely to result in a miscarriage of justice.

24 ‘‘(II) Whether the case is so unusual or so com25 plex, due to the number of defendants, the nature of
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1 the prosecution, or the existence of novel questions

2 of fact or law, that it is unreasonable to expect ade3 quate briefing within the time limitations established

4 by subparagraph (A).

5 ‘‘(III) Whether the failure to allow a delay in

6 a case, that, taken as a whole, is not so unusual or

7 so complex as described in subclause (II), but would

8 otherwise deny the applicant reasonable time to ob9 tain counsel, would unreasonably deny the applicant

10 or the government continuity of counsel, or would

11 deny counsel for the applicant or the government the

12 reasonable time necessary for effective preparation,

13 taking into account the exercise of due diligence.

14 ‘‘(iii) No delay in disposition shall be permissible be15 cause of general congestion of the court’s calendar.

16 ‘‘(iv) The court shall transmit a copy of any order

17 issued under clause (i) to the Director of the Administra18 tive Office of the United States Courts for inclusion in

19 the report under paragraph (5).

20 ‘‘(2) The time limitations under paragraph (1) shall

21 apply to—

22 ‘‘(A) an initial application for a writ of habeas

23 corpus;

24 ‘‘(B) any second or successive application for a

25 writ of habeas corpus; and
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1 ‘‘(C) any redetermination of an application for

2 a writ of habeas corpus following a remand by the

3 court of appeals or the Supreme Court for further

4 proceedings, in which case the limitation period shall

5 run from the date the remand is ordered.

6 ‘‘(3)(A) The time limitations under this section shall

7 not be construed to entitle an applicant to a stay of execu8 tion, to which the applicant would otherwise not be enti9 tled, for the purpose of litigating any application or ap10 peal.

11 ‘‘(B) No amendment to an application for a writ of

12 habeas corpus under this chapter shall be permitted after

13 the filing of the answer to the application, except on the

14 grounds specified in section 2244(b).

15 ‘‘(4)(A) The failure of a court to meet or comply with

16 a time limitation under this section shall not be a ground

17 for granting relief from a judgment of conviction or sen18 tence.

19 ‘‘(B) The State may enforce a time limitation under

20 this section by petitioning for a writ of mandamus to the

21 court of appeals. The court of appeals shall act on the

22 petition for a writ or mandamus not later than 30 days

23 after the filing of the petition.

24 ‘‘(5)(A) The Administrative Office of United States

25 Courts shall submit to Congress an annual report on the
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1 compliance by the district courts with the time limitations

2 under this section.

3 ‘‘(B) The report described in subparagraph (A) shall

4 include copies of the orders submitted by the district

5 courts under paragraph (1)(B)(iv).

6 ‘‘(c)(1)(A) A court of appeals shall hear and render

7 a final determination of any appeal of an order granting

8 or denying, in whole or in part, an application brought

9 under this chapter in a capital case not later than 120

10 days after the date on which the reply brief is filed, or

11 if no reply brief is filed, not later than 120 days after

12 the date on which the answering brief is filed.

13 ‘‘(B)(i) A court of appeals shall decide whether to

14 grant a petition for rehearing or other request for rehear15 ing en banc not later than 30 days after the date on which

16 the petition for rehearing is filed unless a responsive

17 pleading is required, in which case the court shall decide

18 whether to grant the petition not later than 30 days after

19 the date on which the responsive pleading is filed.

20 ‘‘(ii) If a petition for rehearing or rehearing en banc

21 is granted, the court of appeals shall hear and render a

22 final determination of the appeal not later than 120 days

23 after the date on which the order granting rehearing or

24 rehearing en banc is entered.
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1 ‘‘(2) The time limitations under paragraph (1) shall

2 apply to—

3 ‘‘(A) an initial application for a writ of habeas

4 corpus;

5 ‘‘(B) any second or successive application for a

6 writ of habeas corpus; and

7 ‘‘(C) any redetermination of an application for

8 a writ of habeas corpus or related appeal following

9 a remand by the court of appeals en banc or the Su10 preme Court for further proceedings, in which case

11 the limitation period shall run from the date the re12 mand is ordered.

13 ‘‘(3) The time limitations under this section shall not

14 be construed to entitle an applicant to a stay of execution,

15 to which the applicant would otherwise not be entitled, for

16 the purpose of litigating any application or appeal.

17 ‘‘(4)(A) The failure of a court to meet or comply with

18 a time limitation under this section shall not be a ground

19 for granting relief from a judgment of conviction or sen20 tence.

21 ‘‘(B) The State may enforce a time limitation under

22 this section by applying for a writ of mandamus to the

23 Supreme Court.

24 ‘‘(5) The Administrative Office of United States

25 Courts shall submit to Congress an annual report on the
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1 compliance by the courts of appeals with the time limita2 tions under this section.’’.

3 (b) TECHNICAL AMENDMENT.—The part analysis for

4 part IV of title 28, United States Code, is amended by

5 adding after the item relating to chapter 153 the following

6 new item:

‘‘154. Special habeas corpus procedures in capital

cases ............................................................................ 2261.’’.

7 (c) EFFECTIVE DATE.—Chapter 154 of title 28,

8 United States Code (as added by subsection (a)) shall

9 apply to cases pending on or after the date of enactment

10 of this Act.

11 SEC. 608. TECHNICAL AMENDMENT.

12 Section 408(q) of the Controlled Substances Act (21

13 U.S.C. 848(q)) is amended by amending paragraph (9)

14 to read as follows:

15 ‘‘(9) Upon a finding that investigative, expert, or

16 other services are reasonably necessary for the representa17 tion of the defendant, whether in connection with issues

18 relating to guilt or the sentence, the court may authorize

19 the defendant’s attorneys to obtain such services on behalf

20 of the defendant and, if so authorized, shall order the pay21 ment of fees and expenses therefor under paragraph (10).

22 No ex parte proceeding, communication, or request may

23 be considered pursuant to this section unless a proper

24 showing is made concerning the need for confidentiality.
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1 Any such proceeding, communication, or request shall be

2 transcribed and made a part of the record available for

3 appellate review.’’.

4 Subtitle B—Criminal Procedural

5 Improvements

6 SEC. 621. CLARIFICATION AND EXTENSION OF CRIMINAL

7 JURISDICTION OVER CERTAIN TERRORISM

8 OFFENSES OVERSEAS.

9 (a) AIRCRAFT PIRACY.—Section 46502(b) of title 49,

10 United States Code, is amended—

11 (1) in paragraph (1), by striking ‘‘and later

12 found in the United States’’;

13 (2) by amending paragraph (2) to read as fol14 lows:

15 ‘‘(2) The courts of the United States have juris16 diction over the offense in paragraph (1) if—

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

18 aboard the aircraft;

19 ‘‘(B) an offender is a national of the Unit20 ed States; or

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

22 United States.’’; and

23 (3) by adding at the end the following new

24 paragraph:
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1 ‘‘(3) For purposes of this subsection, the term

2 ‘national of the United States’ has the meaning

3 given such term in section 101(a)(22) of the Immi4 gration and Nationality Act (8 U.S.C.

5 1101(a)(22)).’’.

6 (b) DESTRUCTION OF AIRCRAFT OR AIRCRAFT FA7 CILITIES.—Section 32(b) of title 18, United States Code,

8 is amended—

9 (1) by striking ‘‘(b) Whoever’’ and inserting

10 ‘‘(b)(1) Whoever’’;

11 (2) by redesignating paragraphs (1) through

12 (4) as subparagraphs (A) through (D), respectively;

13 (3) by striking ‘‘, if the offender is later found

14 in the United States,’’; and

15 (4) by adding at the end the following new

16 paragraphs:

17 ‘‘(2) The courts of the United States have jurisdiction

18 over an offense described in this subsection if—

19 ‘‘(A) a national of the United States was on

20 board, or would have been on board, the aircraft;

21 ‘‘(B) an offender is a national of the United

22 States; or

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

24 United States.
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1 ‘‘(3) For purposes of this subsection, the term ‘na2 tional of the United States’ has the meaning given such

3 term in section 101(a)(22) of the Immigration and Na4 tionality Act (8 U.S.C. 1101(a)(22)).’’.

5 (c) MURDER OR MANSLAUGHTER OF INTERNATION6 ALLY PROTECTED PERSONS.—Section 1116 of title 18,

7 United States Code, is amended—

8 (1) in subsection (a), by striking ‘‘, except

9 that’’;

10 (2) in subsection (b), by adding at the end the

11 following new paragraph:

12 ‘‘(7) ‘National of the United States’ has the

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

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

15 1101(a)(22)).’’; and

16 (3) in subsection (c), by striking the first sen17 tence and inserting the following: ‘‘If the victim of

18 an offense under subsection (a) is an internationally

19 protected person outside the United States, the

20 United States may exercise jurisdiction over the of21 fense if (1) the victim is a representative, officer,

22 employee, or agent of the United States, (2) an of23 fender is a national of the United States, or (3) an

24 offender is afterwards found in the United States.’’.
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1 (d) PROTECTION OF INTERNATIONALLY PROTECTED

2 PERSONS.—Section 112 of title 18, United States Code,

3 is amended—

4 (1) in subsection (c), by inserting ‘‘national of

5 the United States,’’ before ‘‘and’’; and

6 (2) in subsection (e), by striking the first sen7 tence and inserting the following: ‘‘If the victim of

8 an offense under subsection (a) is an internationally

9 protected person outside the United States, the

10 United States may exercise jurisdiction over the of11 fense if (1) the victim is a representative, officer,

12 employee, or agent of the United States, (2) an of13 fender is a national of the United States, or (3) an

14 offender is afterwards found in the United States.’’.

15 (e) THREATS AGAINST INTERNATIONALLY PRO16 TECTED PERSONS.—Section 878 of title 18, United States

17 Code, is amended—

18 (1) in subsection (c), by inserting ‘‘national of

19 the United States,’’ before ‘‘and’’; and

20 (2) in subsection (d), by striking the first sen21 tence and inserting the following: ‘‘If the victim of

22 an offense under subsection (a) is an internationally

23 protected person outside the United States, the

24 United States may exercise jurisdiction over the of25 fense if (1) the victim is a representative, officer,
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1 employee, or agent of the United States, (2) an of2 fender is a national of the United States, or (3) an

3 offender is afterwards found in the United States.’’.

4 (f) KIDNAPPING OF INTERNATIONALLY PROTECTED

5 PERSONS.—Section 1201(e) of title 18, United States

6 Code, is amended—

7 (1) by striking the first sentence and inserting

8 the following: ‘‘If the victim of an offense under sub9 section (a) is an internationally protected person

10 outside the United States, the United States may

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

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

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

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

15 found in the United States.’’; and

16 (2) by adding at the end the following: ‘‘For

17 purposes of this subsection, the term ‘national of the

18 United States’ has the meaning given such term in

19 section 101(a)(22) of the Immigration and National20 ity Act (8 U.S.C. 1101(a)(22).’’.

21 (g) VIOLENCE AT INTERNATIONAL AIRPORTS.—Sec22 tion 37(b)(2) of title 18, United States Code, is amended

23 to read as follows:

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

25 the United States, and—
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1 ‘‘(A) the offender is later found in the

2 United States; or

3 ‘‘(B) an offender or a victim is a national

4 of the United States (as defined in section

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

6 Act (8 U.S.C. 1101(a)(22))).’’.

7 (h) NATIONAL OF THE UNITED STATES DEFINED.—

8 Section 178 of title 18, United States Code, is amended—

9 (1) by striking the ‘‘and’’ at the end of para10 graph (3);

11 (2) by striking the period at the end of para12 graph (4) and inserting ‘‘; and’’; and

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

14 paragraph:

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

16 has the meaning given such term in section

17 101(a)(22) of the Immigration and Nationality Act

18 (8 U.S.C. 1101(a)(22)).’’.

19 SEC. 622. EXPANSION OF TERRITORIAL SEA.

20 (a) TERRITORIAL SEA EXTENDING TO TWELVE

21 MILES INCLUDED IN SPECIAL MARITIME AND TERRI22 TORIAL JURISDICTION.—The Congress declares that all

23 the territorial sea of the United States, as defined by Pres24 idential Proclamation 5928 of December 27, 1988, for

25 purposes of criminal jurisdiction is part of the United
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1 States, subject to its sovereignty, and, for purposes of

2 Federal criminal jurisdiction, is within the special mari3 time and territorial jurisdiction of the United States wher4 ever that term is used in title 18, United States Code.

5 (b) ASSIMILATED CRIMES IN EXTENDED TERRI6 TORIAL SEA.—Section 13 of title 18, United States Code

7 (relating to the adoption of State laws for areas within

8 Federal jurisdiction), is amended—

9 (1) in subsection (a), by inserting after ‘‘title,’’

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

11 the territorial sea of the United States not within

12 the jurisdiction of any State, Commonwealth, terri13 tory, possession, or district’’; and

14 (2) by adding at the end the following new sub15 section:

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

17 United States lie outside the territory of any State, Com18 monwealth, territory, possession, or district, such waters

19 (including the airspace above and the seabed and subsoil

20 below, and artificial islands and fixed structures erected

21 thereon) shall be deemed for purposes of subsection (a)

22 to lie within the area of that State, Commonwealth, terri23 tory, possession, or district it would lie within if the

24 boundaries of such State, Commonwealth, territory, pos-
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1 session, or district were extended seaward to the outer

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

3 SEC. 623. EXPANSION OF WEAPONS OF MASS DESTRUCTION

4 STATUTE.

5 Section 2332a of title 18, United States Code, is

6 amended—

7 (1) in subsection (a)—

8 (A) by inserting ‘‘threatens,’’ before ‘‘at9 tempts’’;

10 (B) in paragraph (2), by striking ‘‘; or’’

11 and inserting the following: ‘‘and the results of

12 such use affect interstate or foreign commerce

13 or, in the case of a threat, attempt, or conspir14 acy, would have affected interstate or foreign

15 commerce if such use had occurred;’’;

16 (C) by redesignating paragraph (3) as

17 paragraph (4);

18 (D) by inserting after paragraph (2) the

19 following:

20 ‘‘(3) against a victim, or intended victim, that

21 is the United States Government, a member of the

22 uniformed services, or any official, officer, employee,

23 or agent of the legislative, executive, or judicial

24 branches, or any department or agency, of the Unit25 ed States; and’’; and
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1 (E) in paragraph (4), as redesignated, by

2 inserting before the comma at the end the fol3 lowing: ‘‘, or is within the United States and is

4 used in any activity affecting interstate or for5 eign commerce’’.

6 (2) by redesignating subsection (b) as sub7 section (c);

8 (3) by adding immediately after subsection (a)

9 the following new subsection:

10 ‘‘(b) USE OUTSIDE UNITED STATES.—Any national

11 of the United States who outside of the United States

12 uses, threatens, attempts, or conspires to use, a weapon

13 of mass destruction, shall be imprisoned for any term of

14 years or for life, and if death results, shall be punished

15 by death or imprisonment for any term of years or for

16 life. The preceding sentence does not apply to a person

17 performing an act that, as performed, is within the scope

18 of the person’s official duties as an officer or employee

19 of the United States or as a member of the Armed Forces

20 of the United States, or to a person employed by a con21 tractor of the United States for performing an act that,

22 as performed, is authorized under the contract.’’; and

23 (4) by amending subsection (c)(2)(B), as redes24 ignated by paragraph (3), by striking ‘‘poison gas’’

25 and inserting ‘‘any poisonous chemical agent or sub-
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1 stance, regardless of form or delivery system, de2 signed for causing widespread death or injury;’’.

3 SEC. 624. ADDITION OF TERRORISM OFFENSES TO THE

4 RICO STATUTE.

5 Section 1961(1) of title 18, United States Code, is

6 amended—

7 (1) in subparagraph (B)—

8 (A) by inserting after ‘‘Section’’ the follow9 ing: ‘‘32 (relating to the destruction of air10 craft), section 37 (relating to violence at inter11 national airports), section 115 (relating to in12 fluencing, impeding, or retaliating against a

13 Federal official by threatening or injuring a

14 family member), section’’;

15 (B) by inserting after ‘‘section 224 (relat16 ing to sports bribery),’’ the following: ‘‘section

17 351 (relating to congressional or Cabinet officer

18 assassination),’’;

19 (C) by inserting after ‘‘section 664 (relat20 ing to embezzlement from pension and welfare

21 funds),’’ the following: ‘‘section 831 (relating to

22 prohibited transactions involving nuclear mate23 rials), section 844 (f) or (i) (relating to destruc24 tion by explosives or fire of government prop-
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1 erty or property affecting interstate or foreign

2 commerce),’’;

3 (D) by inserting after ‘‘sections 891–894

4 (relating to extortionate credit transactions),’’

5 the following: ‘‘section 956 (relating to conspir6 acy to kill, kidnap, maim, or injure certain

7 property in a foreign country),’’;

8 (E) by inserting after ‘‘section 1084 (relat9 ing to the transmission of gambling informa10 tion),’’ the following: ‘‘section 1111 (relating to

11 murder), section 1114 (relating to murder of

12 United States law enforcement officials), sec13 tion 1116 (relating to murder of foreign offi14 cials, official guests, or internationally protected

15 persons), section 1203 (relating to hostage tak16 ing),’’;

17 (F) by inserting after ‘‘section 1344 (relat18 ing to financial institution fraud),’’ the follow19 ing: ‘‘section 1361 (relating to willful injury of

20 government property within the special mari21 time and territorial jurisdiction),’’;

22 (G) by inserting after ‘‘section 1513 (relat23 ing to retaliating against a witness, victim, or

24 an informant),’’ the following: ‘‘section 1751

25 (relating to Presidential assassination),’’;
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1 (H) by inserting after ‘‘section 1958 (relat2 ing to use of interstate commerce facilities in

3 the commission of murder-for-hire),’’ the follow4 ing: ‘‘section 2280 (relating to violence against

5 maritime navigation), section 2281 (relating to

6 violence against maritime fixed platforms),’’;

7 and

8 (I) by inserting after ‘‘2321 (relating to

9 trafficking in certain motor vehicles or motor

10 vehicle parts),’’ the following: ‘‘section 2332

11 (relating to terrorist acts abroad against United

12 States nationals), section 2332a (relating to use

13 of weapons of mass destruction), section 2332b

14 (relating to acts of terrorism transcending na15 tional boundaries), section 2339A (relating to

16 providing material support to terrorists),’’;

17 (2) by striking ‘‘or’’ before ‘‘(E)’’; and

18 (3) by inserting before the semicolon at the end

19 the following: ‘‘, or (F) section 46502 of title 49,

20 United States Code’’.

21 SEC. 625. ADDITION OF TERRORISM OFFENSES TO THE

22 MONEY LAUNDERING STATUTE.

23 Section 1956(c)(7) of title 18, United States Code,

24 is amended—
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1 (1) in subparagraph (B), by amending clause

2 (ii) to read as follows:

3 ‘‘(ii) murder, kidnapping, robbery, extor4 tion, or destruction of property by means of ex5 plosive or fire;’’; and

6 (2) in subparagraph (D)—

7 (A) by inserting after ‘‘an offense under’’

8 the following: ‘‘section 32 (relating to the de9 struction of aircraft), section 37 (relating to vi10 olence at international airports), section 115

11 (relating to influencing, impeding, or retaliating

12 against a Federal official by threatening or in13 juring a family member),’’;

14 (B) by inserting after ‘‘section 215 (relat15 ing to commissions or gifts for procuring

16 loans),’’ the following: ‘‘section 351 (relating to

17 congressional or Cabinet officer assassina18 tion),’’;

19 (C) by inserting after ‘‘section 798 (relat20 ing to espionage),’’ the following: ‘‘section 831

21 (relating to prohibited transactions involving

22 nuclear materials), section 844 (f) or (i) (relat23 ing to destruction by explosives or fire of Gov24 ernment property or property affecting inter25 state or foreign commerce),’’;
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1 (D) by inserting after ‘‘section 875 (relat2 ing to interstate communications),’’ the follow3 ing: ‘‘section 956 (relating to conspiracy to kill,

4 kidnap, maim, or injure certain property in a

5 foreign country),’’;

6 (E) by inserting after ‘‘section 1032 (relat7 ing to concealment of assets from conservator,

8 receiver, or liquidating agent of financial insti9 tution),’’ the following: ‘‘section 1111 (relating

10 to murder), section 1114 (relating to murder of

11 United States law enforcement officials), sec12 tion 1116 (relating to murder of foreign offi13 cials, official guests, or internationally protected

14 persons),’’;

15 (F) by inserting after ‘‘section 1203 (relat16 ing to hostage taking)’’ the following: ‘‘section

17 1361 (relating to willful injury of Government

18 property), section 1363 (relating to destruction

19 of property within the special maritime and ter20 ritorial jurisdiction),’’;

21 (G) by inserting after ‘‘section 1708 (relat22 ing to theft from the mail)’’ the following: ‘‘sec23 tion 1751 (relating to Presidential assassina24 tion),’’;
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1 (H) by inserting after ‘‘2114 (relating to

2 bank and postal robbery and theft),’’ the follow3 ing: ‘‘section 2280 (relating to violence against

4 maritime navigation), section 2281 (relating to

5 violence against maritime fixed platforms),’’;

6 and

7 (I) by striking ‘‘of this title’’ and inserting

8 the following: ‘‘section 2332 (relating to terror9 ist acts abroad against United States nation10 als), section 2332a (relating to use of weapons

11 of mass destruction), section 2332b (relating to

12 international terrorist acts transcending na13 tional boundaries), 2339A (relating to providing

14 material support to terrorists) of this title, sec15 tion 46502 of title 49, United States Code,’’.

16 SEC. 626. PROTECTION OF CURRENT OR FORMER OFFI17 CIALS, OFFICERS, OR EMPLOYEES OF THE

18 UNITED STATES.

19 (a) AMENDMENT TO INCLUDE ASSAULTS, MURDERS,

20 AND THREATS AGAINST FAMILIES OF FEDERAL OFFI21 CIALS.—Section 115(a)(2) of title 18, United States Code,

22 is amended by inserting ‘‘, or threatens to assault, kidnap,

23 or murder, any person who formerly served as a person

24 designated in paragraph (1), or’’ after ‘‘assaults, kidnaps,

25 or murders, or attempts to kidnap or murder’’.
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1 (b) MURDER OR ATTEMPTS TO MURDER CURRENT

2 OR FORMER FEDERAL OFFICERS OR EMPLOYEES.—Sec3 tion 1114 of title 18, United States Code, is amended to

4 read as follows:

5 ‘‘§ 1114. Protection of officers and employees of the

6 United States

7 ‘‘Whoever kills or attempts to kill a current or former

8 officer or employee of the United States or its instrumen9 talities, or an immediate family member of such officer

10 or employee, or any person assisting such an officer or

11 employee in the performance of official duties, during or

12 on account of the performance of such duties or the provi13 sion of such assistance, shall be punished—

14 ‘‘(1) in the case of murder, as provided under

15 section 1111;

16 ‘‘(2) in the case of manslaughter, as provided

17 under section 1112; and

18 ‘‘(3) in the case of attempted murder or man19 slaughter as provided in section 1113, not more than

20 20 years.’’.

21 (c) AMENDMENT TO CLARIFY THE MEANING OF THE

22 TERM DEADLY OR DANGEROUS WEAPON IN THE PROHI23 BITION ON ASSAULT ON FEDERAL OFFICERS OR EMPLOY24 EES.—Section 111(b) of title 18, United States Code, is

25 amended by inserting after ‘‘deadly or dangerous weapon’’
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1 the following: ‘‘(including a weapon intended to cause

2 death or danger but that fails to do so by reason of a

3 defective or missing component)’’.

4 SEC. 627. ADDITION OF CONSPIRACY TO TERRORISM OF5 FENSES.

6 (a) DESTRUCTION OF AIRCRAFT OR AIRCRAFT FA7 CILITIES.—(1) Section 32(a)(7) of title 18, United States

8 Code, is amended by inserting ‘‘or conspires’’ after ‘‘at9 tempts’’.

10 (2) Section 32(b)(D) of title 18, United States Code,

11 as redesignated by section 721(b)(2), is amended by in12 serting ‘‘or conspires’’ after ‘‘attempts’’.

13 (b) VIOLENCE AT INTERNATIONAL AIRPORTS.—Sec14 tion 37(a) of title 18, United States Code, is amended by

15 inserting ‘‘or conspires’’ after ‘‘attempts’’.

16 (c) INFLUENCING, IMPEDING, OR RETALIATING

17 AGAINST A FEDERAL OFFICIAL BY THREATENING OR IN18 JURING A FAMILY MEMBER.—(1) Section 115(a)(1)(A) of

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

20 conspires’’ after ‘‘attempts’’.

21 (2) Section 115(a)(2) of title 18, United States Code,

22 as amended by section 729, is further amended by insert23 ing ‘‘or conspires’’ after ‘‘attempts’’.

24 (3) Section 115(b)(2) of title 18, United States Code,

25 is amended by striking both times it appears ‘‘or at-
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1 tempted kidnapping’’ and inserting both times ‘‘, at2 tempted kidnapping or conspiracy to kidnap’’.

3 (4)(A) Section 115(b)(3) of title 18, United States

4 Code, is amended by striking ‘‘or attempted murder’’ and

5 inserting ‘‘, attempted murder or conspiracy to murder’’.

6 (B) Section 115(b)(3) of title 18, United States Code,

7 is further amended by striking ‘‘and 1113’’ and inserting

8 ‘‘, 1113, and 1117’’.

9 (d) PROHIBITIONS WITH RESPECT TO BIOLOGICAL

10 WEAPONS.—Section 175(a) of title 18, United States

11 Code, is amended by inserting ‘‘, or conspires to do so,’’

12 after ‘‘any organization to do so,’’.

13 (e) HOSTAGE TAKING.—Section 1203(a) of title 18,

14 United States Code, is amended by inserting ‘‘or con15 spires’’ after ‘‘attempts’’.

16 (f) VIOLENCE AGAINST MARITIME NAVIGATION.—

17 Section 2280(a)(1)(H) of title 18, United States Code, is

18 amended by inserting ‘‘or conspires’’ after ‘‘attempts’’.

19 (g) VIOLENCE AGAINST MARITIME FIXED PLAT20 FORMS.—Section 2281(a)(1)(F) of title 18, United States

21 Code, is amended by inserting ‘‘or conspires’’ after ‘‘at22 tempts’’.

23 (h) AIRCRAFT PIRACY.—Section 46502 of title 49,

24 United States Code, is amended—
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1 (1) in subsection (a)(2), by inserting ‘‘, conspir2 ing,’’ after ‘‘committing’’ and

3 (2) in subsection (b)—

4 (A) in paragraph (1), by inserting ‘‘or con5 spiring to commit’’ after ‘‘committing’’;

6 (B) in paragraph (2), by inserting ‘‘con7 spired or’’ after ‘‘has placed,’’; and

8 (C) in paragraph (3), by inserting ‘‘con9 spired or’’ after ‘‘has placed,’’.

10 (i) CLARIFICATION OF MARITIME VIOLENCE JURIS11 DICTION.—Section 2280(b)(1)(A) of title 18, United

12 States Code, is amended—

13 (1) in clause (ii), by striking ‘‘and the activity

14 is not prohibited as a crime by the State in which

15 the activity takes place’’; and

16 (2) in clause (iii), by striking ‘‘the activity takes

17 place on a ship flying the flag of a foreign country

18 or outside the United States,’’.

19 SEC. 628. CLARIFICATION OF FEDERAL JURISDICTION

20 OVER BOMB THREATS.

21 Section 844(e) of title 18, United States Code, is

22 amended—

23 (1) by striking ‘‘(e) Whoever’’ and inserting

24 ‘‘(e)(1) Whoever’’; and
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1 (2) by adding at the end the following new

2 paragraph:

3 ‘‘(2) Whoever willfully makes any threat, or mali4 ciously conveys false information knowing the same to be

5 false, concerning an attempt or alleged attempt being

6 made, or to be made to violate subsection (f) or (i) of this

7 section or section 81 of this title shall be fined under this

8 title, imprisoned for not more than 5 years, or both.’’.

9 TITLE VII—MARKING OF

10 PLASTIC EXPLOSIVES

11 SEC. 701. FINDINGS AND PURPOSES.

12 (a) FINDINGS.—The Congress finds that—

13 (1) plastic explosives were used by terrorists in

14 the bombings of Pan Am flight 103 in December

15 1988 and UTA flight 722 in September 1989;

16 (2) plastic explosives can be used with little

17 likelihood of detection for acts of unlawful inter18 ference with civil aviation, maritime navigation, and

19 other modes of transportation;

20 (3) the criminal use of plastic explosives places

21 innocent lives in jeopardy, endangers national secu22 rity, affects domestic tranquility, and gravely affects

23 interstate and foreign commerce;

24 (4) the marking of plastic explosives for the

25 purpose of detection would contribute significantly to
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1 the prevention and punishment of such unlawful

2 acts; and

3 (5) for the purpose of deterring and detecting

4 such unlawful acts, the Convention on the Marking

5 of Plastic Explosives for the Purpose of Detection,

6 Done at Montreal on 1 March 1991, requires each

7 contracting State to adopt appropriate measures to

8 ensure that plastic explosives are duly marked and

9 controlled.

10 (b) PURPOSE.—The purpose of this title is to fully

11 implement the Convention on the Marking of Plastic Ex12 plosives for the Purpose of Detection, Done at Montreal

13 on 1 March 1991.

14 SEC. 702. DEFINITIONS.

15 Section 841 of title 18, United States Code, is

16 amended by adding at the end the following new sub17 sections:

18 ‘‘(o) ‘Convention on the Marking of Plastic Explo19 sives’ means the Convention on the Marking of Plastic Ex20 plosives for the Purpose of Detection, Done at Montreal

21 on 1 March 1991.

22 ‘‘(p) ‘Detection agent’ means any one of the sub23 stances specified in this subsection when introduced into

24 a plastic explosive or formulated in such explosive as a

25 part of the manufacturing process in such a manner as
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1 to achieve homogeneous distribution in the finished explo2 sive, including—

3 ‘‘(1) Ethylene glycol dinitrate (EGDN),

4 C2H4(NO3)2, molecular weight 152, when the mini5 mum concentration in the finished explosive is 0.2

6 percent by mass;

7 ‘‘(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),

8 C6H12(NO2)2, molecular weight 176, when the mini9 mum concentration in the finished explosive is 0.1

10 percent by mass;

11 ‘‘(3) Para-Mononitrotoluene (p-MNT),

12 C7H7NO2, molecular weight 137, when the minimum

13 concentration in the finished explosive is 0.5 percent

14 by mass;

15 ‘‘(4) Ortho-Mononitrotoluene (o-MNT),

16 C7H7NO2, molecular weight 137, when the minimum

17 concentration in the finished explosive is 0.5 percent

18 by mass; and

19 ‘‘(5) any other substance in the concentration

20 specified by the Secretary, after consultation with

21 the Secretary of State and the Secretary of Defense,

22 which has been added to the table in part 2 of the

23 Technical Annex to the Convention on the Marking

24 of Plastic Explosives.
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1 ‘‘(q) ‘Plastic explosive’ means an explosive material

2 in flexible or elastic sheet form formulated with one or

3 more high explosives which in their pure form have a

4 vapor pressure less than 10¥4 Pa at a temperature of

5 25°C., is formulated with a binder material, and is as a

6 mixture malleable or flexible at normal room tempera7 ture.’’.

8 SEC. 703. REQUIREMENT OF DETECTION AGENTS FOR

9 PLASTIC EXPLOSIVES.

10 Section 842 of title 18, United States Code, is

11 amended by adding after subsection (k) the following new

12 subsections:

13 ‘‘(l) It shall be unlawful for any person to manufac14 ture any plastic explosive that does not contain a detection

15 agent.

16 ‘‘(m)(1) It shall be unlawful for any person to import

17 or bring into the United States, or export from the United

18 States, any plastic explosive that does not contain a detec19 tion agent.

20 ‘‘(2) This subsection does not apply to the importa21 tion or bringing into the United States, or the exportation

22 from the United States, of any plastic explosive that was

23 imported, brought into, or manufactured in the United

24 States prior to the date of enactment of title VII of the

25 Comprehensive Terrorism Prevention Act of 1995 by or
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1 on behalf of any agency of the United States performing

2 military or police functions (including any military reserve

3 component) or by or on behalf of the National Guard of

4 any State, not later than 15 years after the date of entry

5 into force of the Convention on the Marking of Plastic Ex6 plosives, with respect to the United States.

7 ‘‘(n)(1) It shall be unlawful for any person to ship,

8 transport, transfer, receive, or possess any plastic explo9 sive that does not contain a detection agent.

10 ‘‘(2) This subsection does not apply to—

11 ‘‘(A) the shipment, transportation, transfer, re12 ceipt, or possession of any plastic explosive that was

13 imported, brought into, or manufactured in the

14 United States prior to the date of enactment of the

15 Comprehensive Terrorism Prevention Act of 1995 by

16 any person during a period not exceeding 3 years

17 after the date of enactment of title VII of the Com18 prehensive Terrorism Prevention Act of 1995; or

19 ‘‘(B) the shipment, transportation, transfer, re20 ceipt, or possession of any plastic explosive that was

21 imported, brought into, or manufactured in the

22 United States prior to the date of enactment of title

23 VII of the Comprehensive Terrorism Prevention Act

24 of 1995 by or on behalf of any agency of the United

25 States performing a military or police function (in-
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1 cluding any military reserve component) or by or on

2 behalf of the National Guard of any State, not later

3 than 15 years after the date of entry into force of

4 the Convention on the Marking of Plastic Explo5 sives, with respect to the United States.

6 ‘‘(o) It shall be unlawful for any person, other than

7 an agency of the United States (including any military re8 serve component) or the National Guard of any State, pos9 sessing any plastic explosive on the date of enactment of

10 title VII of the Comprehensive Terrorism Prevention Act

11 of 1995, to fail to report to the Secretary within 120 days

12 after such effective date the quantity of such explosives

13 possessed, the manufacturer or importer, any marks of

14 identification on such explosives, and such other informa15 tion as the Secretary may by regulations prescribe.’’.

16 SEC. 704. CRIMINAL SANCTIONS.

17 Section 844(a) of title 18, United States Code, is

18 amended to read as follows:

19 ‘‘(a) Any person who violates any of subsections (a)

20 through (i) or (l) through (o) of section 842 shall be fined

21 under this title or imprisoned not more than 10 years, or

22 both.’’.

23 SEC. 705. EXCEPTIONS.

24 Section 845 of title 18, United States Code, is

25 amended—
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1 (1) in subsection (a), by inserting ‘‘(l), (m), (n),

2 or (o) of section 842 and subsections’’ after ‘‘sub3 sections’’;

4 (2) in paragraph (1), by inserting before the

5 semicolon ‘‘, and which pertain to safety’’; and

6 (3) by adding at the end the following new sub7 section:

8 ‘‘(c) It is an affirmative defense against any proceed9 ing involving subsections (l) through (o) of section 842

10 if the proponent proves by a preponderance of the evidence

11 that the plastic explosive—

12 ‘‘(1) consisted of a small amount of plastic ex13 plosive intended for and utilized solely in lawful—

14 ‘‘(A) research, development, or testing of

15 new or modified explosive materials;

16 ‘‘(B) training in explosives detection or de17 velopment or testing of explosives detection

18 equipment; or

19 ‘‘(C) forensic science purposes; or

20 ‘‘(2) was plastic explosive that, within 3 years

21 after the date of enactment of the Comprehensive

22 Terrorism Prevention Act of 1995, will be or is in23 corporated in a military device within the territory

24 of the United States and remains an integral part

25 of such military device, or is intended to be, or is in-
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1 corporated in, and remains an integral part of a

2 military device that is intended to become, or has be3 come, the property of any agency of the United

4 States performing military or police functions (in5 cluding any military reserve component) or the Na6 tional Guard of any State, wherever such device is

7 located.

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

9 ‘military device’ includes, but is not restricted to,

10 shells, bombs, projectiles, mines, missiles, rockets,

11 shaped charges, grenades, perforators, and similar

12 devices lawfully manufactured exclusively for mili13 tary or police purposes.’’.

14 SEC. 706. INVESTIGATIVE AUTHORITY.

15 Section 846 of title 18, United States Code, is

16 amended—

17 (1) in the last sentence, by inserting in the last

18 sentence before ‘‘subsection’’ the phrase ‘‘subsection

19 (m) or (n) of section 842 or;’’, and

20 (2) by adding at the end the following: ‘‘The

21 Attorney General shall exercise authority over viola22 tions of subsection (m) or (n) of section 842 only

23 when they are committed by a member of a terrorist

24 or revolutionary group. In any matter involving a

25 terrorist or revolutionary group or individual, as de-
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1 termined by the Attorney General, the Attorney

2 General shall have primary investigative responsibil3 ity and the Secretary shall assist the Attorney Gen4 eral as requested.’’.

5 SEC. 707. EFFECTIVE DATE.

6 Except as otherwise provided in this title, this title

7 and the amendments made by this title shall take effect

8 1 year after the date of enactment of this Act.

9 SEC. 708. STUDY AND REQUIREMENTS FOR TAGGING OF EX10 PLOSIVE MATERIALS, AND STUDY AND REC11 OMMENDATIONS FOR RENDERING EXPLO12 SIVE COMPONENTS INERT AND IMPOSING

13 CONTROLS ON PRECURSORS OF EXPLOSIVES.

14 (a) The Secretary of the Treasury shall conduct a

15 study and make recommendations concerning—

16 (1) the tagging of explosive materials for pur17 poses of detection and identification;

18 (2) whether common chemicals used to manu19 facture explosive materials can be rendered inert and

20 whether it is feasible to require it; and

21 (3) whether controls can be imposed on certain

22 precursor chemicals used to manufacture explosive

23 materials and whether it is feasible and cost-effective

24 to require it.
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1 In conducting the study, the Secretary shall consult with

2 other Federal, State and local officials with expertise in

3 this area and such other individuals as shall be deemed

4 necessary. Such study shall be completed within twelve

5 months after the enactment of this Act and shall be sub6 mitted to the Congress and made available to the public.

7 Such study may include, if appropriate, recommendations

8 for legislation.

9 (b) There are authorized to be appropriated for the

10 study and recommendations contained in paragraph (a)

11 such sums as may be necessary.

12 (c) Section 842, of title 18, United States Code, is

13 amended by inserting after subsection (k), a new sub14 section (l) which reads as follows:

15 ‘‘(l)(1) It shall be unlawful for any person to manu16 facture, import, ship, transport, receive, possess, transfer,

17 or distribute any explosive material that does not contain

18 a tracer element as prescribed by the Secretary pursuant

19 to regulation, knowing or having reasonable cause to be20 lieve that the explosive material does not contain the re21 quired tracer element.

22 ‘‘(2) For purposes of this subsection, explosive mate23 rial does not include smokeless or black powder manufac24 tured for uses set forth in section 845(a) (4) and (5) of

25 this chapter.’’.
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1 (d) Section 844, of title 18, United States Code, is

2 amended by inserting after ‘‘(a) through (i)’’ the phrase

3 ‘‘and (l)’’.

4 (e) Section 846, of title 18, United States Code, is

5 amended by designating the present section as ‘‘(a)’’ and

6 by adding a new subsection (b) reading as follows:

7 ‘‘(b) to facilitate the enforcement of this chapter the

8 Secretary shall, within 6 months after submission of the

9 study required by subsection (a), promulgate regulations

10 for the addition of tracer elements to explosive materials

11 manufactured in or imported into the United States. Trac12 er elements to be added to explosive materials under provi13 sions of this subsection shall be of such character and in

14 such quantity as the Secretary may authorize or require,

15 and such as will not substantially impair the quality of

16 the explosive materials for their intended lawful use, ad17 versely affect the safety of these explosives, or have a sub18 stantially adverse effect on the environment.’’.

19 (f) The penalties provided herein shall not take effect

20 until ninety days after the date of promulgation of the

21 regulations provided for herein.

22 TITLE VIII—NUCLEAR

23 MATERIALS

24 SEC. 801. FINDINGS AND PURPOSE.

25 (a) FINDINGS.—The Congress finds that—
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1 (1) nuclear materials, including byproduct ma2 terials, can be used to create radioactive dispersal

3 devices that are capable of causing serious bodily in4 jury as well as substantial damage to property and

5 the environment;

6 (2) the potential use of nuclear materials, in7 cluding byproduct materials, enhances the threat

8 posed by terrorist activities and thereby has a great9 er effect on the security interests of the United

10 States;

11 (3) due to the widespread hazards presented by

12 the threat of nuclear contamination, as well as nu13 clear bombs, the United States has a strong interest

14 in ensuring that persons who are engaged in the ille15 gal acquisition and use of nuclear materials, includ16 ing byproduct materials, are prosecuted for their of17 fenses;

18 (4) the threat that nuclear materials will be ob19 tained and used by terrorist and other criminal orga20 nizations has increased substantially since the enact21 ment in 1982 of the legislation that implemented the

22 Convention on the Physical Protection of Nuclear

23 Material, codified at section 831 of title 18, United

24 States Code;
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1 (5) the successful efforts to obtain agreements

2 from other countries to dismantle nuclear weapons

3 have resulted in increased packaging and transpor4 tation of nuclear materials, thereby decreasing the

5 security of such materials by increasing the oppor6 tunity for unlawful diversion and theft;

7 (6) the illicit trafficking in the relatively more

8 common, commercially available and usable nuclear

9 and byproduct materials poses a potential to cause

10 significant loss of life and environmental damage;

11 (7) reported trafficking incidents in the early

12 1990’s suggest that the individuals involved in traf13 ficking these materials from Eurasia and Eastern

14 Europe frequently conducted their black market

15 sales of these materials within the Federal Republic

16 of Germany, the Baltic States, the former Soviet

17 Union, Central Europe, and to a lesser extent in the

18 Middle European countries;

19 (8) the international community has become in20 creasingly concerned over the illegal possession of

21 nuclear and nuclear byproduct materials;

22 (9) the potentially disastrous ramifications of

23 increased access to nuclear and nuclear byproduct

24 materials pose such a significant future threat that
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1 the United States must use all lawful methods avail2 able to combat the illegal use of such materials;

3 (10) the United States has an interest in en4 couraging United States corporations to do business

5 in the countries that comprised the former Soviet

6 Union, and in other developing democracies;

7 (11) protection of such United States corpora8 tions from threats created by the unlawful use of nu9 clear materials is important to the success of the ef10 fort to encourage such business ventures, and to fur11 ther the foreign relations and commerce of the Unit12 ed States;

13 (12) 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 that constitute the illegal activity occur outside the

17 territory of the United States, and are primarily di18 rected toward foreign nationals; and

19 (13) there is presently no Federal criminal stat20 ute that provides adequate protection to United

21 States interests from nonweapons grade, yet hazard22 ous radioactive material, and from the illegal diver23 sion of nuclear materials that are held for other

24 than peaceful purposes.
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1 (b) PURPOSE.—The purpose of this title is to provide

2 Federal law enforcement agencies the necessary tools and

3 fullest possible basis allowed under the Constitution to

4 combat the threat of nuclear contamination and prolifera5 tion that may result from illegal possession and use of ra6 dioactive materials.

7 SEC. 802. EXPANSION OF SCOPE AND JURISDICTIONAL

8 BASES OF NUCLEAR MATERIALS PROHIBI9 TIONS.

10 Section 831 of title 18, United States Code, is

11 amended—

12 (1) in subsection (a)—

13 (A) by striking ‘‘nuclear material’’ each

14 place it appears and inserting ‘‘nuclear material

15 or nuclear byproduct material’’;

16 (B) in paragraph (1)—

17 (i) in subparagraph (A), by inserting

18 ‘‘or the environment’’ after ‘‘property’’;

19 and

20 (ii) by amending subparagraph (B) to

21 read as follows:

22 ‘‘(B)(i) circumstances exist that are likely

23 to cause the death or serious bodily injury to

24 any person or substantial damage to property

25 or the environment, or such circumstances have
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1 been represented to the defendant to exist;’’;

2 and

3 (C) in paragraph (6), by inserting ‘‘or the

4 environment’’ after ‘‘property’’;

5 (2) in subsection (c)—

6 (A) by amending paragraph (2) to read as

7 follows:

8 ‘‘(2) an offender or a victim is a national of the

9 United States or a United States corporation or

10 other legal entity;’’;

11 (B) in paragraph (3)—

12 (i) by striking ‘‘at the time of the of13 fense the nuclear material is in use, stor14 age, or transport, for peaceful purposes,

15 and’’; and

16 (ii) by striking ‘‘or’’ at the end of the

17 paragraph;

18 (C) in paragraph (4)—

19 (i) by striking ‘‘nuclear material for

20 peaceful purposes’’ and inserting ‘‘nuclear

21 material or nuclear byproduct material’’;

22 and

23 (ii) by striking the period at the end

24 of the paragraph and inserting ‘‘; or’’; and
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1 (D) by adding at the end the following new

2 paragraph:

3 ‘‘(5) the governmental entity under subsection

4 (a)(5) is the United States or the threat under sub5 section (a)(6) is directed at the United States.’’; and

6 (3) in subsection (f)—

7 (A) in paragraph (1)—

8 (i) in subparagraph (A), by striking

9 ‘‘with an isotopic concentration not in ex10 cess of 80 percent plutonium 238’’; and

11 (ii) in subparagraph (C), by striking

12 ‘‘(C) uranium’’ and inserting ‘‘(C) enriched

13 uranium, defined as uranium’’;

14 (B) by redesignating paragraphs (2), (3),

15 and (4) as paragraphs (4), (5), and (6), respec16 tively;

17 (C) by inserting after paragraph (1) the

18 following new paragraph:

19 ‘‘(2) the term ‘nuclear byproduct material’

20 means any material containing any radioactive iso21 tope created through an irradiation process in the

22 operation of a nuclear reactor or accelerator;’’;

23 (D) by striking ‘‘and’’ at the end of para24 graph (4), as redesignated;
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1 (E) by striking the period at the end of

2 subsection (f)(5), as redesignated, and inserting

3 a semicolon; and

4 (F) by adding at the end the following new

5 paragraphs:

6 ‘‘(6) the term ‘national of the United States’

7 has the meaning given such term in section

8 101(a)(22) of the Immigration and Nationality Act

9 (8 U.S.C. 1101(a)(22)); and

10 ‘‘(7) the term ‘United States corporation or

11 other legal entity’ means any corporation or other

12 entity organized under the laws of the United States

13 or any State, Commonwealth, territory, possession,

14 or district of the United States.’’.

15 TITLE IX—MISCELLANEOUS

16 PROVISIONS

17 SEC. 901. PROHIBITION ON DISTRIBUTION OF INFORMA18 TION RELATING TO EXPLOSIVE MATERIALS

19 FOR A CRIMINAL PURPOSE.

20 (a) Section 842 of title 18, United States Code, is

21 amended by adding at the end the following new sub22 section:

23 ‘‘(l) It shall be unlawful for any person to teach or

24 demonstrate the making of explosive materials, or to dis25 tribute by any means information pertaining to, in whole
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1 or in part, the manufacture of explosive materials, if the

2 person intends or knows, that such explosive materials or

3 information will be used for, or in furtherance of, an activ4 ity that constitutes a Federal criminal offense or a crimi5 nal purpose affecting interstate commerce.’’.

6 (b) Section 844 of title 18, United States Code, is

7 amended by designating subsection (a) as subsection

8 (a)(1) and by adding the following new subsection:

9 ‘‘(a)(2) Any person who violates subsection (l) of sec10 tion 842 of this chapter shall be fined under this title or

11 imprisoned not more than twenty years, or both.’’.

12 SEC. 902. DESIGNATION OF CARTNEY KOCH MCRAVEN

13 CHILD DEVELOPMENT CENTER.

14 (a) DESIGNATION.—

15 (1) IN GENERAL.—The Federal building at

16 1314 LeMay Boulevard, Ellsworth Air Force Base,

17 South Dakota, shall be known and designated as the

18 ‘‘Cartney Koch McRaven Child Development Cen19 ter’’.

20 (2) REPLACEMENT BUILDING.—If, after the

21 date of enactment of this Act, a new Federal build22 ing is built at the location described in paragraph

23 (1) to replace the building described in the para24 graph, the new Federal building shall be known and
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1 designated as the ‘‘Cartney Koch McRaven Child

2 Development Center’’.

3 (b) REFERENCES.—Any reference in a law, map, reg4 ulation, document, paper, or other record of the United

5 States to a Federal building referred to in subsection (a)

6 shall be deemed to be a reference to the ‘‘Cartney Koch

7 McRaven Child Development Center’’.

8 SEC. 903. FOREIGN AIR TRAVEL SAFETY.

9 Section 44906 of title 49, United States Code, is

10 amended to read as follows:

11 ‘‘§ 44906. Foreign air carrier security programs

12 ‘‘The Administrator of the Federal Aviation Adminis13 tration shall continue in effect the requirement of section

14 129.25 of title 14, Code of Federal Regulations, that a

15 foreign air carrier must adopt and use a security program

16 approved by the Administrator. The Administrator shall

17 only approve a security program of a foreign air carrier

18 under section 129.25, or any successor regulation, if the

19 Administrator decides the security program provides pas20 sengers of the foreign air carrier a level of protection iden21 tical to the level those passengers would receive under the

22 security programs of air carriers serving the same airport.

23 The Administrator shall prescribe regulations to carry out

24 this section.’’.
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1 SEC. 904. PROOF OF CITIZENSHIP.

2 Notwithstanding any other provision of law, a Fed3 eral, State, or local government agency may not use a

4 voter registration card (or other related document) that

5 evidences registration for an election for Federal office,

6 as evidence to prove United States citizenship.

7 SEC. 905. COOPERATION OF FERTILIZER RESEARCH CEN8 TERS.

9 In conducting any portion of the study relating to the

10 regulation and use of fertilizer as a pre-explosive material,

11 the Secretary of the Treasury shall consult with and re12 ceive input from non-profit fertilizer research centers and

13 include their opinions and findings in the report required

14 under subsection (c).

15 SEC. 906. SPECIAL ASSESSMENTS ON CONVICTED PERSONS.

16 Section 3013(a)(2) of title 18, United States Code,

17 is amended—

18 (A) in subparagraph (A), by striking

19 ‘‘$50’’ and inserting ‘‘not less than $100’’; and

20 (B) in subparagraph (B), by striking

21 ‘‘$200’’ and inserting ‘‘not less than $400’’.
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1 SEC. 907. PROHIBITION ON ASSISTANCE UNDER ARMS EX2 PORT CONTROL ACT FOR COUNTRIES NOT

3 COOPERATING FULLY WITH UNITED STATES

4 ANTITERRORISM EFFORTS.

5 Chapter 3 of the Arms Export Control Act (22

6 U.S.C. 2771 et seq.) is amended by adding at the end

7 the following:

8 ‘‘Sec. 40A. Transactions with Countries

9 Not Fully Cooperating with United States

10 Antiterrorism Efforts.

11 ‘‘(a) PROHIBITED TRANSACTIONS.—No defense arti12 cle or defense service may be sold or licensed for export

13 under this Act to a foreign country in a fiscal year unless

14 the President determines and certifies to Congress at the

15 beginning of that fiscal year, or at any other time in that

16 fiscal year before such sale or license, that the country

17 is cooperating fully with United States antiterrorism ef18 forts.

19 ‘‘(b) WAIVER.—The President may waive the prohibi20 tion set forth in subsection (a) with respect to a specific

21 transaction if the President determines that the trans22 action is essential to the national security interests of the

23 United States.’’.
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1 SEC. 908. AUTHORITY TO REQUEST MILITARY ASSISTANCE

2 WITH RESPECT TO OFFENSES INVOLVING BI3 OLOGICAL AND CHEMICAL WEAPONS.

4 (a) BIOLOGICAL WEAPONS OF MASS DESTRUC5 TION.—Section 175 of title 18, United States Code, is

6 amended by adding at the end the following:

7 ‘‘(c)(1) MILITARY ASSISTANCE.—The Attorney Gen8 eral may request that the Secretary of Defense provide

9 assistance in support of Department of Justice activities

10 relating to the enforcement of this section in an emergency

11 situation involving biological weapons of mass destruction.

12 Department of Defense resources, including personnel of

13 the Department of Defense, may be used to provide such

14 assistance if—

15 ‘‘(A) the Secretary of Defense and the Attorney

16 General determine that an emergency situation in17 volving biological weapons of mass destruction ex18 ists; and

19 ‘‘(B) the Secretary of Defense determines that

20 the provision of such assistance will not adversely af21 fect the military preparedness of the United States.

22 ‘‘(2) As used in this section, ‘emergency situation in23 volving biological weapons of mass destruction’ means a

24 circumstance involving a biological weapon of mass de25 struction—
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1 ‘‘(A) that poses a serious threat to the interests

2 of the United States; and

3 ‘‘(B) in which—

4 ‘‘(i) civilian expertise is not readily avail5 able to provide the required assistance to

6 counter the threat posed by the biological weap7 on of mass destruction involved;

8 ‘‘(ii) Department of Defense special capa9 bilities and expertise are needed to counter the

10 threat posed by the biological weapon of mass

11 destruction involved; and

12 ‘‘(iii) enforcement of the law would be seri13 ously impaired if the Department of Defense

14 assistance were not provided.

15 ‘‘(3) The assistance referred to in paragraph (1) in16 cludes the operation of equipment (including equipment

17 made available under section 372 of title 10) to monitor,

18 contain, disable, or dispose of a biological weapon of mass

19 destruction or elements of the weapon.

20 ‘‘(4) The Attorney General and the Secretary of De21 fense shall jointly issue regulations concerning the types

22 of assistance that may be provided under this subsection.

23 Such regulations shall also describe the actions that De24 partment of Defense personnel may take in circumstances

25 incident to the provision of assistance under this sub-
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1 section. Such regulations shall not authorize arrest or any

2 assistance in conducting searches and seizures that seek

3 evidence related to violations of this section, except for the

4 immediate protection of human life.

5 ‘‘(5) The Secretary of Defense shall require reim6 bursement as a condition for providing assistance under

7 this subsection in accordance with section 377 of title 10.

8 ‘‘(6)(A) Except to the extent otherwise provided by

9 the Attorney General, the Deputy Attorney General may

10 exercise the authority of the Attorney General under this

11 subsection. The Attorney General may delegate the Attor12 ney General’s authority under this subsection only to the

13 Associate Attorney General or an Assistant Attorney Gen14 eral and only if the Associate Attorney General or Assist15 ant Attorney General to whom delegated has been des16 ignated by the Attorney General to act for, and to exercise

17 the general powers of, the Attorney General.

18 ‘‘(B) Except to the extent otherwise provided by the

19 Secretary of Defense, the Deputy Secretary of Defense

20 may exercise the authority of the Secretary of Defense

21 under this subsection. The Secretary of Defense may dele22 gate the Secretary’s authority under this subsection only

23 to an Under Secretary of Defense or an Assistant Sec24 retary of Defense and only if the Under Secretary or As25 sistant Secretary to whom delegated has been designated
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1 by the Secretary to act for, and to exercise the general

2 powers of, the Secretary.’’.

3 (b) CHEMICAL WEAPONS OF MASS DESTRUCTION.—

4 The chapter 113B of title 18, United States Code, that

5 relates to terrorism, is amended by inserting after section

6 2332a the following:

7 ‘‘§ 2332b. Use of chemical weapons

8 ‘‘(a) OFFENSE.—A person who without lawful au9 thority uses, or attempts or conspires to use, a chemical

10 weapon—

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) DEFINITIONS.—For purposes of this section—

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

24 has the meaning given in section 101(a)(22) of the
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1 Immigration and Nationality Act (8 U.S.C.

2 1101(a)(22)); and

3 ‘‘(2) the term ‘chemical weapon’ means any

4 weapon that is designed to cause widespread death

5 or serious bodily injury through the release, dissemi6 nation, or impact of toxic or poisonous chemicals or

7 their precursors.

8 ‘‘(c)(1) MILITARY ASSISTANCE.—The Attorney Gen9 eral may request that the Secretary of Defense provide

10 assistance in support of Department of Justice activities

11 relating to the enforcement of this section in an emergency

12 situation involving chemical weapons of mass destruction.

13 Department of Defense resources, including personnel of

14 the Department of Defense, may be used to provide such

15 assistance if—

16 ‘‘(A) the Secretary of Defense and the Attorney

17 General determine that an emergency situation in18 volving chemical weapons of mass destruction exists;

19 and

20 ‘‘(B) the Secretary of Defense determines that

21 the provision of such assistance will not adversely af22 fect the military preparedness of the United States.

23 ‘‘(2) As used in this section, ‘emergency situation in24 volving chemical weapons of mass destruction’ means a
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1 circumstance involving a chemical weapon of mass de2 struction—

3 ‘‘(A) that poses a serious threat to the interests

4 of the United States; and

5 ‘‘(B) in which—

6 ‘‘(i) civilian expertise is not readily avail7 able to provide the required assistance to

8 counter the threat posed by the chemical weap9 on of mass destruction involved;

10 ‘‘(ii) Department of Defense special capa11 bilities and expertise are needed to counter the

12 threat posed by the biological weapon of mass

13 destruction involved; and

14 ‘‘(iii) enforcement of the law would be seri15 ously impaired if the Department of Defense

16 assistance were not provided.

17 ‘‘(3) The assistance referred to in paragraph (1) in18 cludes the operation of equipment (including equipment

19 made available under section 372 of title 10) to monitor,

20 contain, disable, or dispose of a chemical weapon of mass

21 destruction or elements of the weapon.

22 ‘‘(4) The Attorney General and the Secretary of De23 fense shall jointly issue regulations concerning the types

24 of assistance that may be provided under this subsection.

25 Such regulations shall also describe the actions that De-
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1 partment of Defense personnel may take in circumstances

2 incident to the provision of assistance under this sub3 section. Such regulations shall not authorize arrest or any

4 assistance in conducting searches and seizures that seek

5 evidence related to violations of this section, except for the

6 immediate protection of human life.

7 ‘‘(5) The Secretary of Defense shall require reim8 bursement as a condition for providing assistance under

9 this subsection in accordance with section 377 of title 10.

10 ‘‘(6)(A) Except to the extent otherwise provided by

11 the Attorney General, the Deputy Attorney General may

12 exercise the authority of the Attorney General under this

13 subsection. The Attorney General may delegate the Attor14 ney General’s authority under this subsection only to the

15 Associate Attorney General or an Assistant Attorney Gen16 eral and only if the Associate Attorney General or Assist17 ant Attorney General to whom delegated has been des18 ignated by the Attorney General to act for, and to exercise

19 the general powers of, the Attorney General.

20 ‘‘(B) Except to the extent otherwise provided by the

21 Secretary of Defense, the Deputy Secretary of Defense

22 may exercise the authority of the Secretary of Defense

23 under this subsection. The Secretary of Defense may dele24 gate the Secretary’s authority under this subsection only

25 to an Under Secretary of Defense or an Assistant Sec-
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1 retary of Defense and only if the Under Secretary or As2 sistant Secretary to whom delegated has been designated

3 by the Secretary to act for, and to exercise the general

4 powers of, the Secretary.’’.

5 (c)(1) CIVILIAN EXPERTISE.—The President shall

6 take reasonable measures to reduce civilian law enforce7 ment officials’ reliance on Department of Defense re8 sources to counter the threat posed by the use or potential

9 use of biological and chemical weapons of mass destruction

10 within the United States, including—

11 (A) increasing civilian law enforcement exper12 tise to counter such threat;

13 (B) improving coordination between civilian law

14 enforcement officials and other civilian sources of ex15 pertise, both within and outside the Federal Govern16 ment, to counter such threat.

17 (2) REPORT REQUIREMENT.—The President shall

18 submit to the Congress—

19 (A) ninety days after the date of enactment of

20 this Act, a report describing the respective policy

21 functions and operational roles of Federal agencies

22 in countering the threat posed by the use or poten23 tial use of biological and chemical weapons of mass

24 destruction within the United States;
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1 (B) one year after the date of enactment of this

2 Act, a report describing the actions planned to be

3 taken and the attendant cost pertaining to para4 graph (1); and

5 (C) three years after the date of enactment of

6 this Act, a report updating the information provided

7 in the reports submitted pursuant to subparagraphs

8 (A) and (B), including measures taken pursuant to

9 paragraph (1).

10 (d) CLERICAL AMENDMENT.—The chapter analysis

11 for chapter 113B of title 18, United States Code, is

12 amended by inserting after the item relating to section

13 2332a the following:

‘‘2332b. Use of chemical weapons.’’.

14 (e) USE OF WEAPONS OF MASS DESTRUCTION.—

15 Section 2332a(a) of title 18, United States Code, is

16 amended by inserting ‘‘without lawful authority’’ after ‘‘A

17 person who’’.

18 SEC. 909. REVISION TO EXISTING AUTHORITY FOR

19 MULTIPOINT WIRETAPS.

20 (a) Section 2518(11)(b)(ii) of title 18 is amended: by

21 deleting ‘‘of a purpose, on the part of that person, to

22 thwart interception by changing facilities.’’ and inserting

23 ‘‘that the person had the intent to thwart interception or

24 that the person’s actions and conduct would have the ef25 fect of thwarting interception from a specified facility.’’.
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1 (b) Section 2518(11)(b)(iii) is amended to read:

2 ‘‘(iii) the judge finds that such showing has

3 been adequately made.’’.

4 SEC. 910. AUTHORIZATION OF ADDITIONAL APPROPRIA5 TIONS FOR THE UNITED STATES PARK PO6 LICE.

7 (a) IN GENERAL.—There are authorized to be appro8 priated from the General Fund of the Treasury for the

9 activities of the United States Park Police, to help meet

10 the increased needs of the United States Park Police,

11 $1,000,000 for each of the fiscal years 1996, 1997, 1998,

12 1999, and 2000.

13 (b) AVAILABILITY OF FUNDS.—Funds made avail14 able pursuant to this section, in any fiscal year, shall re15 main available until expended.

16 SEC. 911. AUTHORIZATION OF ADDITIONAL APPROPRIA17 TIONS FOR THE ADMINISTRATIVE OFFICE OF

18 THE UNITED STATES COURTS.

19 (a) IN GENERAL.—There are authorized to be appro20 priated from the General Fund of the Treasury for the

21 activities of the Administrative Office of the United States

22 Courts, to help meet the increased needs of the Adminis23 trative Office of the United States Courts, $4,000,000 for

24 each of the fiscal years 1996, 1997, 1998, 1999, and

25 2000.
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1 (b) AVAILABILITY OF FUNDS.—Funds made avail2 able pursuant to this section, in any fiscal year, shall re3 main available until expended.

4 SEC. 912. AUTHORIZATION OF ADDITIONAL APPROPRIA5 TIONS FOR THE UNITED STATES CUSTOMS

6 SERVICE.

7 (a) IN GENERAL.—There are authorized to be appro8 priated from the General Fund of the Treasury for the

9 activities of the United States Customs Service, to help

10 meet the increased needs of the United States Customs

11 Service, $10,000,000 for each of the fiscal years 1996,

12 1997, 1998, 1999, and 2000.

13 (b) AVAILABILITY OF FUNDS.—Funds made avail14 able pursuant to this section, in any fiscal year, shall re15 main available until expended.

16 SEC. 913. SEVERABILITY.

17 If any provision of this Act, an amendment made by

18 this Act, or the application of such provision or amend19 ment to any person or circumstance is held to be unconsti20 tutional, the remainder of this Act, the amendments made

21 by this Act, and the application of the provisions of such

22 to any person or circumstance shall not be affected there23 by.
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1 TITLE X—VICTIMS OF

2 TERRORISM ACT

3 SEC. 1001. TITLE.

4 This title may be cited as the ‘‘Victims of Terrorism

5 Act of 1995’’.

6 SEC. 1002. AUTHORITY TO PROVIDE ASSISTANCE AND COM7 PENSATION TO VICTIMS OF TERRORISM.

8 The Victims of Crime Act of 1984 (42 U.S.C. 10601

9 et seq.) is amended by inserting after section 1404A the

10 following new section:

11 ‘‘SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS

12 OF TERRORISM OR MASS VIOLENCE.

13 ‘‘(a) VICTIMS OF ACTS OF TERRORISM OUTSIDE THE

14 UNITED STATES.—The Director may make supplemental

15 grants to States to provide compensation and assistance

16 to the residents of such States who, while outside the terri17 torial boundaries of the United States, are victims of a

18 terrorist act or mass violence and are not persons eligible

19 for compensation under title VIII of the Omnibus Diplo20 matic Security and Antiterrorism Act of 1986.

21 ‘‘(b) VICTIMS OF DOMESTIC TERRORISM.—The Di22 rector may make supplemental grants to States for eligible

23 crime victim compensation and assistance programs to

24 provide emergency relief, including crisis response efforts,

25 assistance, training, and technical assistance, for the bene-
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1 fit of victims of terrorist acts or mass violence occurring

2 within the United States and may provide funding to

3 United States Attorney’s Offices for use in coordination

4 with State victims compensation and assistance efforts in

5 providing emergency relief.’’.

6 SEC. 1003. FUNDING OF COMPENSATION AND ASSISTANCE

7 TO VICTIMS OF TERRORISM, MASS VIOLENCE,

8 AND CRIME.

9 Section 1402(d)(4) of the Victims of Crime Act of

10 1984 (42 U.S.C. 10601(d)(4)) is amended to read as fol11 lows:

12 ‘‘(4)(A) If the sums available in the Fund are

13 sufficient to fully provide grants to the States pursu14 ant to section 1403(a)(1), the Director may retain

15 any portion of the Fund that was deposited during

16 a fiscal year that was in excess of 110 percent of the

17 total amount deposited in the Fund during the pre18 ceding fiscal year as an emergency reserve. Such re19 serve shall not exceed $50,000,000.

20 ‘‘(B) The emergency reserve may be used for

21 supplemental grants under section 1404B and to

22 supplement the funds available to provide grants to

23 States for compensation and assistance in accord24 ance with sections 1403 and 1404 in years in which

25 supplemental grants are needed.’’.
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1 SEC. 1004. CRIME VICTIMS FUND AMENDMENTS.

2 (a) UNOBLIGATED FUNDS.—Section 1402 of the Vic3 tims of Crime Act of 1984 (42 U.S.C. 10601) is amend4 ed—

5 (1) in subsection (c), by striking ‘‘subsection’’

6 and inserting ‘‘chapter’’; and

7 (2) by amending subsection (e) to read as fol8 lows:

9 ‘‘(e) AMOUNTS AWARDED AND UNSPENT.—Any

10 amount awarded as part of a grant under this chapter

11 that remains unspent at the end of a fiscal year in which

12 the grant is made may be expended for the purpose for

13 which the grant is made at any time during the 2 succeed14 ing fiscal years, at the end of which period, any remaining

15 unobligated sums shall be returned to the Fund.’’.

16 (b) BASE AMOUNT.—Section 1404(a)(5) of such Act

17 (42 U.S.C. 10603(a)(5)) is amended to read as follows:

18 ‘‘(5) As used in this subsection, the term ‘base

19 amount’ means—

20 ‘‘(A) except as provided in subparagraph

21 (B), $500,000; and
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1 ‘‘(B) for the territories of the Northern

2 Mariana Islands, Guam, American Samoa, and

3 Palau, $200,000.’’.

Passed the Senate June 7 (legislative day, June 5),

1995.

Attest:

Secretary.
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104TH CONGRESS

1ST SESSION S. 735

AN ACT

To prevent and punish acts of terrorism, and for

other purposes.