II

104TH CONGRESS

1ST SESSION S. 735

To prevent and punish acts of terrorism, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 27 (legislative day, APRIL 24), 1995

Mr. DOLE (for himself, Mr. HATCH, Mr. NICKLES, Mr. THURMOND, Mr.

SIMPSON, Mr. BROWN, Mr. KYL, and Mr. GRAMM) introduced the following bill; which was read the first time

A BILL

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’’.

6 SEC. 2. TABLE OF CONTENTS.

7 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.
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Sec. 103. Conspiracy to harm people and property overseas.

Sec. 104. Increased penalties for certain terrorism crimes.

Sec. 105. Firearms and explosives.

Sec. 106. Penalty for possession of stolen explosives.

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

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. Technology transfers to terrorist states.

Sec. 208. Report on support for international terrorists.

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. Study and report on domestic terrorism.

Sec. 502. Federal Bureau of Investigation counterintelligence.

Sec. 503. Administrative subpoenas for common carriers and innkeepers.

Sec. 504. Increase in maximum rewards for information concerning international terrorism.

Sec. 505. Federal Bureau of Investigation report.

Subtitle B—Intelligence

Sec. 511. Study and report on electronic surveillance.

Sec. 512. Wiretap authority for terrorism and related offenses.

Sec. 513. Participation of foreign and State government personnel in interceptions of communications.

Sec. 514. Disclosure of intercepted communications to foreign law enforcement

agencies.

Sec. 515. Authorization for interceptions of communications in certain terrorism related offenses.

Subtitle C—Additional Funding for Law Enforcement
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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. Funding source.

TITLE VI—TERRORIST INTERDICTION

Sec. 601. Terrorist interdiction.

TITLE VII—CRIMINAL PROCEDURAL IMPROVEMENTS

Subtitle A—Habeas Corpus Reform

Sec. 701. Filing deadlines.

Sec. 702. Appeal.

Sec. 703. Amendment of Federal Rules of Appellate Procedure.

Sec. 704. Section 2254 amendments.

Sec. 705. Section 2255 amendments.

Sec. 706. Limits on second or successive applications.

Sec. 707. Death penalty litigation procedures.

Sec. 708. Technical amendment.

Subtitle B—Criminal Procedural Improvements

Sec. 721. Clarification and extension of criminal jurisdiction over certain terrorism offenses overseas.

Sec. 722. Extension of territorial sea.

Sec. 723. Jurisdiction of United States courts over acts of international terrorism.

Sec. 724. Addition of foreign murder as a money laundering predicate.

Sec. 725. Expansion of weapons of mass destruction statute.

Sec. 726. Addition of terrorist offenses to the RICO statute.

Sec. 727. Addition of terrorism offenses to the money laundering statute.

Sec. 728. Clarification of maritime violence jurisdiction.

Sec. 729. Protection of current or former officials, officers, or employees of the

United States.

Sec. 730. Addition of conspiracy to terrorism offenses.

Sec. 731. Pretrial detention for possession of firearms or explosives by convicted felons.

Sec. 732. Inclusion of alien smuggling as a RICO predicate.

TITLE VIII—MARKING OF PLASTIC EXPLOSIVES

Sec. 801. Implementation of the convention on the marking of plastic explosives.

Sec. 802. Study on tagging of explosive materials.

TITLE IX—MISCELLANEOUS PROVISIONS

Sec. 901. Severability.
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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) PURPOSE.—The purpose of this section is to

4 provide Federal law enforcement the fullest possible basis

5 allowed under the Constitution to address acts of inter6 national terrorism occurring within the United States.

7 ‘‘(b) PROHIBITED ACTS.—

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

9 subsection (c)—

10 ‘‘(A) kills, kidnaps, maims, commits an as11 sault resulting in serious bodily injury, or as12 saults with a dangerous weapon any individual

13 within the United States; or

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

15 conveyance or other real or personal property

16 within the United States,

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

18 States shall be punished as prescribed in subsection

19 (d).

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

21 to commit an offense under subsection (b)(1) shall

22 be punished under subsection (d).

23 ‘‘(c) JURISDICTIONAL BASES.—

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

25 in subsection (b) if—
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1 ‘‘(A) the mail, or any facility utilized in

2 interstate commerce, is used in furtherance of

3 the commission of the offense or to effect the

4 escape of any offender after the commission of

5 such offense;

6 ‘‘(B) the victim, or intended victim, is the

7 United States Government or any official, offi8 cer, employee, or agent of the legislative, execu9 tive, or judicial branches, or of any department

10 or agency, of the United States;

11 ‘‘(C) the structure, conveyance or other

12 real or personal property was in whole or in

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

14 the United States, or any department or agency

15 thereof;

16 ‘‘(D) the offense is committed in the terri17 torial sea (including the airspace above and the

18 seabed and subsoil below, and artificial islands

19 and fixed structures erected thereon) of the

20 United States; or

21 ‘‘(E) the offense is committed in places

22 within the United States that are in the special

23 maritime and territorial jurisdiction of the

24 United States.
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1 ‘‘(2) Jurisdiction shall exist over all principals,

2 coconspirators, and accessories after the fact, of an

3 offense under subsection (b) if at least one of the

4 circumstances described in paragraph (1) is applica5 ble to at least one offender.

6 ‘‘(d) PENALTIES.—

7 ‘‘(1) Whoever violates this section shall, in addi8 tion to the punishment provided for any other crime

9 charged in the indictment, be punished—

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

11 death, or by imprisonment for any term of

12 years or for life;

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

14 any term of years or for life;

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

16 more than 35 years;

17 ‘‘(D) for assault with a dangerous weapon

18 or assault resulting in serious bodily injury, by

19 imprisonment for not more than 30 years;

20 ‘‘(E) for destroying or damaging any

21 structure, conveyance, or other real or personal

22 property, by imprisonment for not more than

23 25 years;

24 ‘‘(F) for attempting or conspiring to com25 mit the offense, for any term of years up to the
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1 maximum punishment that would have applied

2 had the offense been completed; and

3 ‘‘(G) for threatening to commit the of4 fense, by imprisonment for not more than 10

5 years.

6 ‘‘(2) Notwithstanding any other provision of

7 law, the court shall not place on probation any per8 son convicted of a violation of this section.

9 ‘‘(3) Notwithstanding any other provision of

10 law, a term of imprisonment imposed under this sec11 tion shall not run concurrently with any other term

12 of imprisonment.

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

14 for any offense described in this section shall be sought

15 by the United States except after the Attorney General,

16 or the highest ranking subordinate of the Attorney Gen17 eral with responsibility for criminal prosecutions, has

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

19 certifying official—

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

21 its commission, transcended national boundaries;

22 and

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

24 to coerce, intimidate, or retaliate against a govern-
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1 ment or a civilian population, including any segment

2 thereof.

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

4 this section shall be investigated by the Attorney General.

5 Assistance may be requested from any Federal, State, or

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

7 any statute, rule, or regulation to the contrary notwith8 standing.

9 ‘‘(g) EVIDENCE.—

10 ‘‘(1) In a prosecution under this section, the

11 United States shall not be required to prove knowl12 edge by any defendant of a jurisdictional base al13 leged in the indictment.

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

15 based upon the adoption of State law, only the ele16 ments of the offense under State law, and not any

17 provisions pertaining to criminal procedure or evi18 dence, are adopted.

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

20 extraterritorial Federal jurisdiction over—

21 ‘‘(1) any offense under subsection (b), including

22 any threat, attempt, or conspiracy to commit such

23 offense; and
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1 ‘‘(2) conduct that, under section 3 of this title,

2 renders any person an accessory after the fact to an

3 offense under subsection (b).

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

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

6 given such term in section 1951(b)(3) of this title;

7 ‘‘(2) the term ‘facility utilized in any manner in

8 commerce’ includes means of transportation, com9 munication, and transmission;

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

11 has the meaning given such term in section

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

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

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

15 meaning given such term in section 1365(g)(3) of

16 this title;

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

18 United States, the District of Columbia, and any

19 commonwealth, territory, or possession of the United

20 States; and

21 ‘‘(6) the term ‘territorial sea of the United

22 States’ means all waters extending seaward to 12

23 nautical miles from the baselines of the United

24 States determined in accordance with international

25 law.’’.
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1 (c) TECHNICAL AMENDMENT.—The chapter analysis

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

3 amended by inserting after the item relating to section

4 2332a, the following new item:

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

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

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

8 ‘‘any non-capital offense’’;

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

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

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

12 and

13 (5) by inserting ‘‘2332b (acts of terrorism tran14 scending national boundaries),’’ after ‘‘(use of weap15 ons of mass destruction),’’.

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

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

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

19 (f) WIRETAP AMENDMENT.—Section 2518(11)(b)(ii)

20 of title 18, United States Code, is amended—

21 (1) by inserting ‘‘(A)’’ before ‘‘thwart’’ and

22 (2) by inserting ‘‘, or (B) commit a violation of

23 section 2332b of this title’’ after ‘‘facilities’’.
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1 SEC. 103. CONSPIRACY TO HARM PEOPLE AND PROPERTY

2 OVERSEAS.

3 (a) Section 956 of title 18, United States Code, is

4 amended to read as follows:

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

6 certain property in a foreign country

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

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

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

11 that would constitute the offense of murder, kidnapping,

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

14 such other person commits an act within the jurisdiction

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

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

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

18 (1) is—

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

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

21 and

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

23 if the offense is conspiracy to maim.

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

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

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

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

5 other public utility, public conveyance, or public structure,

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

8 act within the jurisdiction of the United States to effect

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

10 25 years.’’.

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

12 United States Code, is amended by striking the item relat13 ing to section 956 and inserting the following:

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

country.’’.

14 SEC. 104. INCREASED PENALTIES FOR CERTAIN TERROR15 ISM CRIMES.

16 (a) Title 18, United States Code, is amended—

17 (1) in section 114, by striking ‘‘maim or dis18 figure’’ and inserting ‘‘torture, maim, or disfigure’’;

19 (2) in section 371, by striking ‘‘five years’’ and

20 inserting ‘‘20 years’’;

21 (3) in section 755, by striking ‘‘two years’’ and

22 inserting ‘‘five years’’;

23 (4) in section 756, by striking ‘‘one year’’ and

24 inserting ‘‘five years’’;
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1 (5) in section 878(a), by striking ‘‘by killing,

2 kidnapping, or assaulting a foreign official, official

3 guest, or internationally protected person’’;

4 (6) in section 1113, by striking ‘‘three years or

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

6 (7) in section 1116(a), by inserting ‘‘or to

7 death,’’ after ‘‘imprisonment for life,’’; and

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

9 inserting ‘‘ten’’.

10 (b) Section 1472(l)(1) of title 49 App., United States

11 Code is amended by striking ‘‘one’’ and inserting ‘‘ten’’.

12 SEC. 105. FIREARMS AND EXPLOSIVES.

13 Section 924 of title 18, United States Code, is

14 amended—

15 (1) in subsection (h)—

16 (A) by inserting ‘‘or explosive materials (as

17 defined in section 841)’’ after ‘‘knowingly

18 transfers a firearm’’; and

19 (B) by striking ‘‘not more than 10 years’’

20 and inserting ‘‘not less than 10 years’’; and

21 (2) by adding at the end the following new sub22 section:

23 ‘‘(o) Except as otherwise provided in this section, a

24 person who conspires to commit any offense defined in this

25 chapter shall be subject to the same penalties (other than
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1 the penalty of death) as those prescribed for the offense

2 the commission of which was the object of the conspir3 acy.’’.

4 SEC. 106. PENALTY FOR POSSESSION OF STOLEN EXPLO5 SIVES.

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

7 amended by striking ‘‘to receive’’ and inserting ‘‘to pos8 sess, receive’’.

9 SEC. 107. ENHANCED PENALTIES FOR USE OF EXPLOSIVES

10 OR ARSON.

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

12 amended—

13 (1) in subsection (e), by striking ‘‘five’’ and in14 serting ‘‘10’’;

15 (2) by amending subsection (f) to read as fol16 lows:

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

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

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

20 property in whole or in part owned, possessed, or used

21 by, or leased to, the United States, any department or

22 agency thereof, or any institution or organization receiving

23 Federal financial assistance shall be imprisoned for not

24 less than 5 years and not more than 20 years, fined the
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1 greater of $100,000 or the cost of repairing or replacing

2 any property that is damaged or destroyed, or both.

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

4 subsection shall be imprisoned not less than 7 years and

5 not more than 40 years, fined the greater of $200,000

6 or the cost of repairing or replacing any property that is

7 damaged or destroyed, or both, if the conduct results in

8 personal injury to any person, including any public safety

9 officer performing duties, as a direct or proximate result

10 of such conduct.

11 ‘‘(3) Whoever engages in conduct prohibited by this

12 subsection shall be imprisoned for any term of years, for

13 life, or sentenced to death, fined the greater of $200,000

14 or the cost of repairing or replacing any property that is

15 damaged or destroyed, or both, if the conduct results in

16 death to any person, including any public safety officer

17 performing duties, as a direct or proximate result of such

18 conduct.’’;

19 (3) in subsection (h)—

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

21 years but not more than 15 years’’ and insert22 ing ‘‘10 years’’; and

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

24 years but not more than 25 years’’ and insert25 ing ‘‘20 years’’; and
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1 (4) in subsection (i)—

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

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

4 cost of repairing or replacing any property that

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

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

7 fined the greater of $100,000 or the cost of re8 pairing or replacing any property that is dam9 aged or destroyed’’;

10 (B) by striking ‘‘not more than 40 years,

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

12 cost of repairing or replacing any property that

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

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

15 fined the greater of $200,000 or the cost of re16 pairing or replacing any property that is dam17 aged or destroyed’’; and

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

19 ‘‘10 years’’.

20 TITLE II—COMBATING

21 INTERNATIONAL TERRORISM

22 SEC. 201. FINDINGS.

23 The Congress finds that—

24 (1) international terrorism is among the most

25 serious transnational threats faced by the United
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1 States and its allies, far eclipsing the dangers posed

2 by population growth or pollution;

3 (2) the President should make efforts to

4 counter international terrorism a national security

5 priority, including the establishment of an office in

6 the White House to coordinate United States Gov7 ernment efforts to counter terrorism;

8 (3) the President should undertake immediate

9 efforts to organize an international conference,

10 under the auspices of the United Nations, to discuss

11 cooperative, multilateral responses to the threat of

12 international terrorism;

13 (4) the President should use all necessary

14 means, including covert action and military force, to

15 disrupt, dismantle and destroy infrastructure used

16 by international terrorists, including terrorist train17 ing facilities and safe havens;

18 (5) the Congress deplores decisions to ease,

19 evade, or end international sanctions on state spon20 sors of terrorism, including the recent decision by

21 the United Nations to allow airline flights to and

22 from Libya despite Libya’s noncompliance with

23 United Nations resolutions; and

24 (6) the President should undertake efforts to

25 increase the international isolation of state sponsors
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1 of international terrorism, including efforts to

2 strengthen international sanctions, and should op3 pose any future initiatives to ease sanctions on

4 Libya or other state sponsors of terrorism.

5 SEC. 202. PROHIBITION ON ASSISTANCE TO COUNTRIES

6 THAT AID TERRORIST STATES.

7 The Foreign Assistance Act of 1961 is amended by

8 adding immediately after section 620F the following new

9 section:

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

11 THAT AID TERRORIST STATES.

12 ‘‘No assistance under this Act shall be provided to

13 any country that provides assistance to the government

14 of any other country for which the Secretary of State has

15 made a determination under section 620A.’’.

16 SEC. 203. PROHIBITION ON ASSISTANCE TO COUNTRIES

17 THAT PROVIDE MILITARY EQUIPMENT TO

18 TERRORIST STATES.

19 The Foreign Assistance Act of 1961, as amended by

20 section 202, is further amended by adding immediately

21 after section 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 ‘‘No assistance under this Act may be provided to any

5 country that provided military equipment through lease,

6 loan, grant, sale, or other means in the previous fiscal year

7 to any country for which the Secretary of State has made

8 a determination under section 620A, unless the President

9 determines and reports to Congress, not later than 15

10 days prior to providing such assistance, in accordance with

11 the procedures in section 634A, that such assistance is

12 in the national security interest of the United States.’’.

13 SEC. 204. OPPOSITION TO ASSISTANCE BY INTERNATIONAL

14 FINANCIAL INSTITUTIONS TO TERRORIST

15 STATES.

16 The International Financial Institutions Act is

17 amended by inserting after section 1620 the following new

18 section:

19 ‘‘SEC. 1621. OPPOSITION TO ASSISTANCE BY INTER20 NATIONAL FINANCIAL INSTITUTIONS TO TER21 RORIST STATES.

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

23 shall instruct the United States Executive Director of each

24 international financial institution to vote against any loan

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

26 or for a country for which the Secretary of State has made
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1 a determination under section 6(j) of the Export Adminis2 tration Act of 1979 or section 620A of the Foreign Assist3 ance Act of 1961.

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

5 term ‘international financial institution’ includes—

6 ‘‘(1) the International Bank for Reconstruction

7 and Development, the International Development

8 Association, and the International Monetary Fund;

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

10 Bank, the Asian Development Bank, the European

11 Bank for Reconstruction and Development, the Afri12 can Development Bank, and the African Develop13 ment Fund; and

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

15 date of enactment of this section.’’.

16 SEC. 205. ANTITERRORISM ASSISTANCE.

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

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

19 amended—

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

21 and implementation of the antiterrorism assistance

22 program under this chapter, including’’;

23 (2) by amending subsection (d) to read as fol24 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 may not exceed 30 percent of the funds made

7 available to carry out this chapter for that fiscal year.’’;

8 and

9 (3) by striking subsection (f).

10 (b) ASSISTANCE TO FOREIGN COUNTRIES.—Notwith11 standing any other provision of law (except section 620A

12 of the Foreign Assistance Act of 1961) not more than

13 $1,000,000 in assistance may be provided to a foreign

14 country for counterterrorism efforts in any fiscal year if—

15 (1) such assistance is for the purpose of pro16 tecting the property of the United States Govern17 ment or the life and property of any United States

18 citizen, or furthering the apprehension of any indi19 vidual involved in any act of terrorism against such

20 property or persons; and

21 (2) the appropriate committees of Congress are

22 notified not later than 15 days prior to the provision

23 of such assistance.
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1 SEC. 206. JURISDICTION FOR LAWSUITS AGAINST TERROR2 IST STATES.

3 Section 1605 of title 28, United States Code, is

4 amended by inserting after subsection (d), the following

5 new section:

6 ‘‘(e) A foreign country designated as a state sponsor

7 of terrorism under section 6(j) of the Export Administra8 tion Act of 1979 or section 620A of the Foreign Assist9 ance Act of 1961 shall not be immune from the jurisdic10 tion of the courts of the United States.’’.

11 SEC. 207. TECHNOLOGY TRANSFERS TO TERRORIST

12 STATES.

13 (a) CRITICAL TECHNOLOGY.—The Secretary of State

14 shall provide an annual report to the Speaker of the House

15 of Representatives and to the Chairman of the Committee

16 on Foreign Relations of the United States Senate includ17 ing a list of all products and technologies that could be

18 used to promote or engage in terrorist acts, including nec19 essary support equipment, which shall be designated as

20 ‘‘critical technology’’ for the purposes of this Act.

21 (b) TECHNOLOGY TRANSFERS.—Notwithstanding

22 any other provision of law, no product or technology man23 ufactured or developed in the United States or by a sub24 sidiary of a United States body that has been determined

25 by the Secretary of State to be critical technology or prod26 uct under section (a) may be sold by the United States
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1 Government or by private United States commercial inter2 ests to a state sponsor of terrorism as determined by the

3 Secretary of State under section 6(j) of the Export Admin4 istration Act of 1979 or section 620A of the Foreign As5 sistance Act of 1961 to any entity or organization operat6 ing within such a state sponsor of terrorism.

7 SEC. 208. REPORT ON SUPPORT FOR INTERNATIONAL TER8 RORISTS.

9 Not later than 60 days after the date of enactment

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

11 by section 140 of the Foreign Relations Authorization Act,

12 Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), the Sec13 retary of State shall submit a report to the Speaker of

14 the House of Representatives and the Committee on For15 eign Relations of the Senate that includes—

16 (1) a detailed assessment of any country that

17 provided support of any type for international ter18 rorism, terrorist groups, or individual terrorists, in19 cluding countries that knowingly allowed terrorist

20 groups or individuals to transit or reside in their ter21 ritory, regardless of whether terrorist acts were com22 mitted on their territory by such individuals;

23 (2) a detailed assessment of individual country

24 efforts to take effective action against countries

25 named in section 6(j) of the Export Administration
25

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1 Act of 1979 (50 U.S.C. App. 2405(j)), including the

2 status of compliance with international sanctions

3 and the status of bilateral economic relations; and

4 (3) United States Government efforts to imple5 ment this title.

6 TITLE III—ALIEN REMOVAL

7 SEC. 301. ALIEN TERRORIST REMOVAL.

8 The Immigration and Nationality Act (8 U.S.C. 1101

9 et seq.) is amended by inserting immediately after section

10 242B the following new section:

11 ‘‘REMOVAL OF ALIEN TERRORISTS

12 ‘‘SEC. 242C. (a) DEFINITIONS.—As used in this sec13 tion—

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

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

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

17 same meaning as defined in section 1(a) of the Clas18 sified Information Procedures Act (18 U.S.C. App.

19 IV);

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

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

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

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

24 described in subsection (d) of this section; and
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1 ‘‘(5) the term ‘special removal hearing’ means

2 the hearing described in subsection (f) of this sec3 tion.

4 ‘‘(b) APPLICATION FOR USE OF PROCEDURES.—This

5 section shall apply whenever the Attorney General certifies

6 under seal to the special court that—

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

8 General has approved of the proceeding under this

9 section;

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

11 the United States; and

12 ‘‘(3) removal of such alien terrorist by deporta13 tion proceedings described in sections 242, 242A, or

14 242B would pose a risk to the national security of

15 the United States because such proceedings would

16 disclose classified information.

17 ‘‘(c) CUSTODY AND RELEASE PENDING HEARING.—

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

19 with respect to whom a certification has been made under

20 subsection (b), and notwithstanding any other provision

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

22 this subsection.

23 ‘‘(2)(A) An alien with respect to whom a certification

24 has been made under subsection (b) shall be given a re-
27

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1 lease hearing before the special court designated pursuant

2 to subsection (d).

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

4 to such terms and conditions prescribed by the court (in5 cluding the posting of any monetary amount), pending the

6 special removal hearing if—

7 ‘‘(i) the alien is lawfully admitted for perma8 nent residence in the United States;

9 ‘‘(ii) the alien demonstrates that the alien, if re10 leased, is not likely to flee; and

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

12 alien will not endanger national security or the safe13 ty of any person or the community.

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

15 submitted in camera and ex parte in making a determina16 tion whether to release an alien pending the special hear17 ing.

18 ‘‘(d) SPECIAL COURT.—(1) The Chief Justice of the

19 United States shall publicly designate not more than 5

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

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

22 consistent with the designation of judges described in sec23 tion 103(a) of the Foreign Intelligence Surveillance Act

24 (50 U.S.C. 1803(a)).
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1 ‘‘(2) The Chief Justice may, in the Chief Justice’s

2 discretion, designate the same judges under this section

3 as are designated pursuant to section 1803(a) of title 50,

4 United States Code.

5 ‘‘(e) INVOCATION OF SPECIAL COURT PROCEDURE.—

6 (1) When the Attorney General makes the application de7 scribed in subsection (b), a single judge of the special

8 court shall consider the application in camera and ex

9 parte.

10 ‘‘(2) The judge shall invoke the procedures of sub11 section (f), if the judge determines that there is probable

12 cause to believe that—

13 ‘‘(A) the alien who is the subject of the applica14 tion has been correctly identified; and

15 ‘‘(B) a deportation proceeding described in sec16 tion 242, 242A, or 242B would pose a risk to the

17 national security of the United States because such

18 proceedings would disclose classified information.

19 ‘‘(f) SPECIAL REMOVAL HEARING.—(1) Except as

20 provided in paragraph (4), the special removal hearing au21 thorized by a showing of probable cause described in sub22 section (e)(2) shall be open to the public.

23 ‘‘(2) The alien shall have a right to be present at such

24 hearing and to be represented by counsel. Any alien finan25 cially unable to obtain counsel shall be entitled to have
29

•S 735 IS

1 counsel assigned to represent such alien. Counsel may be

2 appointed as described in section 3006A of title 18, United

3 States Code.

4 ‘‘(3) The alien shall have a right to introduce evi5 dence on his own behalf, and except as provided in para6 graph (4), shall have a right to cross-examine any witness

7 or request that the judge issue a subpoena for the pres8 ence of a named witness.

9 ‘‘(4) The judge shall authorize the introduction in

10 camera and ex parte of any item of evidence for which

11 the Attorney General determines that public disclosure

12 would pose a risk to the national security of the United

13 States because it would disclose classified information.

14 With respect to such evidence, the Attorney General shall

15 also submit to the court either—

16 ‘‘(A) a statement admitting relevant facts that

17 the specific evidence would tend to prove; or

18 ‘‘(B) a summary of the specific evidence pre19 pared in accordance with paragraph (5).

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

21 (4)(B) shall contain a summary of the classified informa22 tion that does not pose a risk to national security.

23 ‘‘(B) The judge shall approve the summary if the

24 judge finds that the summary is sufficient to inform the

25 alien of the general nature of the evidence that such per-
30

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1 son is an alien as described in section 241(a), and to per2 mit the alien to prepare a defense.

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

4 to the alien of a copy of the summary approved under sub5 paragraph (B).

6 ‘‘(6) If the judge determines that the substituted evi7 dence described in paragraph (4)(B) will provide the alien

8 with substantially the same ability to make his defense as

9 would disclosure of the specific evidence, then the deter10 mination of deportation (described in subsection (g)) may

11 be made pursuant to this section.

12 ‘‘(g) DETERMINATION OF DEPORTATION.—If the de13 termination in subsection (f)(6) has been made, the judge

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

15 (in camera and otherwise), require that the alien be de16 ported if the Attorney General proves, by clear and con17 vincing evidence, that the alien is subject to deportation

18 because such alien is an alien as described in section

19 241(a)(4)(B).

20 ‘‘(h) APPEALS.—(1) The alien may appeal a deter21 mination under subsection (g) to the United States Court

22 of Appeals for the District of Columbia Circuit, by filing

23 a notice of appeal with such court not later than 30 days

24 after the determination is made.
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1 ‘‘(2) The Attorney General may appeal a determina2 tion under subsection (e), (f), or (g) to the court of appeals

3 for the Federal Circuit, by filing a notice of appeal with

4 such court not later than 20 days after the determination

5 is made under any one of such subsections.

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

7 entire record of the proceeding under this section shall be

8 transmitted to the court of appeals under seal. The court

9 of appeals shall consider such appeal in camera and ex

10 parte.’’.

11 SEC. 302. EXTRADITION OF ALIENS.

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

13 Code, is amended—

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

15 this chapter’’; and

16 (2) by adding at the end the following new sub17 sections:

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

19 to permit, in the exercise of comity, the surrender of per20 sons, other than citizens, nationals, or permanent resi21 dents of the United States, who have committed crimes

22 of violence against nationals of the United States in for23 eign countries without regard to the existence of any trea24 ty of extradition with such foreign government if the At25 torney General certifies, in writing, that—
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1 ‘‘(1) evidence has been presented by the foreign

2 government that indicates that had the offenses been

3 committed in the United States, they would con4 stitute crimes of violence as defined under section 16

5 of this title; and

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

7 nature.

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

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

10 101(a)(22) of the Immigration and Nationality Act (8

11 U.S.C. 1101(a)(22)).’’.

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

13 States Code, is amended—

14 (1) in the first sentence by inserting after

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

16 following: ‘‘or in cases arising under section

17 3181(b),’’;

18 (2) in the first sentence by inserting after

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

20 for under section 3181(b),’’; and

21 (3) in the third sentence by inserting after

22 ‘‘treaty or convention,’’ the following: ‘‘or under sec23 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) Section 212(a)(3)(B) of the Immigration and Na5 tionality Act (8 U.S.C. 1182(a)(3)(B)) is amended to read

6 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. As used in clause (B)(i), the

17 term ‘representative’ includes an officer,

18 official, or spokesman of the organization

19 and any person who directs, counsels, com20 mands, or induces such organization or its

21 members to engage in terrorism activity.

22 ‘‘(ii) TERRORISM ACTIVITY DE23 FINED.—As used in this Act, the term ‘ter24 rorism activity’ means any activity that is

25 unlawful under the laws of the place where

26 it is committed (or which, if it had been
34

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1 committed in the United States, would be

2 unlawful under the laws of the United

3 States or any State), and that involves any

4 of the following:

5 ‘‘(I) The hijacking or sabotage of

6 any conveyance (including an aircraft,

7 vessel, or vehicle).

8 ‘‘(II) The seizing or detaining,

9 and threatening to kill, injure, or con10 tinue to detain, another individual to

11 compel a third person (including a

12 governmental organization) to do or

13 abstain from doing any act as an ex14 plicit or implicit condition for the re15 lease of the individual seized or de16 tained.

17 ‘‘(III) A violent attack upon an

18 internationally protected person (as

19 defined in section 1116(b)(4) of title

20 18, United States Code) or upon the

21 liberty of such a person.

22 ‘‘(IV) An assassination.

23 ‘‘(V) The use of any—
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1 ‘‘(aa) biological agent, chem2 ical agent, or nuclear weapon or

3 device, or

4 ‘‘(bb) explosive, firearm, or

5 other weapon (other than for

6 mere personal monetary gain),

7 with intent to endanger, directly, or

8 indirectly, the safety of one or more

9 individuals or to cause substantial

10 damage to property.

11 ‘‘(VI) A threat, attempt, or con12 spiracy to do any of the foregoing.

13 ‘‘(iii) ENGAGE IN TERRORISM ACTIV14 ITY DEFINED.—As used in this Act, the

15 term ‘engage in terrorism activity’ means

16 to commit, in an individual capacity or as

17 a member of an organization, an act of ter18 rorism activity or an act which the actor

19 knows, or reasonably should know, affords

20 material support to any individual, organi21 zation, or government which the actor

22 knows or reasonably should know has com23 mitted or plans to commit terrorism activ24 ity, including any of the following acts:
36

•S 735 IS

1 ‘‘(I) The preparation or planning

2 of terrorism activity.

3 ‘‘(II) The gathering of informa4 tion on potential targets for terrorism

5 activity.

6 ‘‘(III) The providing of any type

7 of material support, including a safe

8 house, transportation, communica9 tions, funds, false documentation or

10 identification, weapons, explosives, or

11 training.

12 ‘‘(IV) The soliciting of funds or

13 other things of value for terrorism ac14 tivity or for any terrorist organization.

15 ‘‘(V) The solicitation of any indi16 vidual for membership in a terrorist

17 organization, terrorist government, or

18 to engage in a terrorism activity.

19 ‘‘(iv) TERRORIST ORGANIZATION DE20 FINED.—As used in this Act, the term ‘ter21 rorist organization’ means—

22 ‘‘(I) an organization engaged in,

23 or that has a significant subgroup

24 that engages in, in terrorism activity,

25 regardless of any legitimate activities
37

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1 conducted by the organization or its

2 subgroups; and

3 ‘‘(II) an organization designated

4 by the President under section 2339B

5 of title 18.

6 ‘‘(v) TERRORISM DEFINED.—As used

7 in this Act, the term ‘terrorism’ means

8 premeditated, politically motivated violence

9 perpetrated against noncombatant tar10 gets.’’.

11 (b) Section 241(a)(4)(B) of the Immigration and Na12 tionality Act (8 U.S.C. 1251(a)(4)(B)) is amended to read

13 as follows:

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

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

16 engages in any terrorism activity (as defined in sec17 tion 212(a)(3)(B)).’’.

18 (c) Section 291 of the Immigration and Nationality

19 Act (8 U.S.C. 1361) is amended by inserting after ‘‘cus20 tody of the Service.’’ the following new sentence: ‘‘The lim21 ited production authorized by this provision shall not ex22 tend to the records of any other agency or department

23 of the Government or to any documents that do not per24 tain to the respondent’s entry.’’.
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1 (d) Section 242(b) of the Immigration and National2 ity Act (8 U.S.C. 1252(b)(3)) is amended by inserting im3 mediately after paragraph (4) the following: ‘‘For pur4 poses of paragraph (3), in the case of an alien who is not

5 lawfully admitted for permanent residence and notwith6 standing the provisions of any other law, reasonable op7 portunity shall not comprehend access to classified infor8 mation, whether or not introduced in evidence against the

9 alien. The provisions and requirements of section 3504 of

10 title 18, United States Code, and 18 U.S.C. 3504 and the

11 International Emergency and Economic Powers Act (50

12 U.S.C. 1801 et seq.) shall not apply in such cases.’’.

13 SEC. 304. ACCESS TO CERTAIN CONFIDENTIAL IMMIGRA14 TION AND NATURALIZATION FILES THROUGH

15 COURT ORDER.

16 (a) Section 245A(c)(5)(C) of the Immigration and

17 Nationality Act (8 U.S.C. 1255a(c)(5)(C)) is amended by

18 striking ‘‘General may provide’’ through the period and

19 inserting the following: ‘‘General may—

20 ‘‘(i) provide, in the Attorney General’s

21 discretion, for the furnishing of informa22 tion furnished under this section in the

23 same manner and circumstances as census

24 information may be disclosed by the Sec-
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1 retary of Commerce under section 8 of title

2 13, United States Code; and

3 ‘‘(ii) may authorize an application to

4 a Federal court of competent jurisdiction

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

6 an order authorizing disclosure of informa7 tion contained in the application of the

8 alien (as a result of an investigation of the

9 alien by an investigative officer or law en10 forcement officer) that is necessary to lo11 cate and identify the alien if—

12 ‘‘(I) such disclosure may result in

13 the discovery of information leading to

14 the location or identity of the alien;

15 ‘‘(II) such information is to be

16 used for identification of the alien

17 when there is reason to believe that

18 the alien has been killed or severely

19 incapacitated;

20 ‘‘(III) such disclosure may result

21 in the discovery of information leading

22 to the location or identity of the alien;

23 ‘‘(IV) such disclosure (and the

24 information discovered as a result of

25 such disclosure) will be used only for
40

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1 criminal law enforcement purposes as

2 against the alien whose file is being

3 accessed;

4 ‘‘(V) may furnish information

5 under this section with respect to an

6 alien to an official coroner (upon the

7 written request of the coroner) for the

8 purposes of permitting the coroner to

9 identify a deceased individual; and

10 ‘‘(VI) may provide, in the Attor11 ney General’s discretion, for the fur12 nishing of information furnished

13 under this section in the same manner

14 and circumstances as census informa15 tion may be disclosed to the Secretary

16 of Commerce under section 8 of title

17 13, United States Code.’’.

18 (b) Section 210(b) of the Immigration and National19 ity Act (8 U.S.C. 1160(b)) is amended—

20 (1) in paragraph (5), by inserting before the pe21 riod at the end the following: ‘‘, except as allowed

22 by a court order issued pursuant to paragraph (6)

23 of this subsection’’; and

24 (2) in paragraph (6)—
41

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

2 subparagraph (C) and inserting a comma; and

3 (B) by inserting before ‘‘Anyone who uses’’

4 the following: ‘‘except the Attorney General

5 may authorize an application to a Federal court

6 of competent jurisdiction for, and a judge of

7 such court may grant, an order authorizing dis8 closure of information contained in the applica9 tion of the alien to be used (A) for identifica10 tion of the alien when there is reason to believe

11 that the alien has been killed or severely inca12 pacitated, or (B) for criminal law enforcement

13 purposes against the alien whose application is

14 to be disclosed.’’.

15 TITLE IV—CONTROL OF FUND16 RAISING FOR TERRORISM AC17 TIVITIES

18 SEC. 401. PROHIBITION ON TERRORIST FUNDRAISING.

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

20 States Code, is amended by adding at the end the follow21 ing new section:

22 ‘‘§ 2339B. Fundraising for terrorist organizations

23 ‘‘(a) FINDINGS AND PURPOSE.—

24 ‘‘(1) The Congress finds that—
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1 ‘‘(A) terrorism is a serious and deadly

2 problem which threatens the interests of the

3 United States overseas and within our territory;

4 ‘‘(B) some foreign terrorist organizations,

5 acting through affiliated groups or individuals,

6 raise significant funds within the United States

7 or use the United States as a conduit for the

8 receipt of funds raised in other nations; and

9 ‘‘(C) the provision of funds to organiza10 tions that engage in terrorism serves to facili11 tate their terrorist endeavors, regardless of

12 whether the funds, in whole or in part, are in13 tended or claimed to be used for nonviolent pur14 poses.

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

16 the Federal Government the fullest possible basis,

17 consistent with the Constitution, to prevent persons

18 within the United States or subject to the jurisdic19 tion of the United States from providing funds, di20 rectly or indirectly, to foreign organizations, includ21 ing subordinate or affiliated persons, that engage in

22 terrorism activities.

23 ‘‘(b) AUTHORITY.—Notwithstanding any other provi24 sion of law, the President is authorized to regulate or pro25 hibit—
43

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1 ‘‘(1) fundraising or the provision of funds for

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

3 including persons assisting such organization in

4 fundraising, that the President has designated pur5 suant to subsection (c) as being engaged in terror6 ism activities; or

7 ‘‘(2) financial transactions with any such for8 eign organization,

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

10 jurisdiction of the States anywhere.

11 ‘‘(c) DESIGNATION.—

12 ‘‘(1) Pursuant to the authority granted in sub13 section (b), the President is authorized to designate

14 any foreign organization based on finding that—

15 ‘‘(A) the organization engages in terrorism

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

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

18 1182(a)(3)(B)); and

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

20 threaten the national security, foreign policy, or

21 economy of the United States.

22 ‘‘(2) The President shall prepare and transmit

23 to Congress a report containing a list of the organi24 zations that the President has determined engage in,

25 or provide support for, terrorism activity (as defined
44

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1 in section 212(a)(3)(B) of the Immigration and Na2 tionality Act (8 U.S.C. 1182(a)(3)(B)).

3 ‘‘(3) Pursuant to the authority granted in sub4 section (b), the President is authorized to designate

5 persons who are raising funds for, or acting for or

6 on behalf of, any foreign organization designated

7 pursuant to paragraph (1).

8 ‘‘(4)(A) If the President finds that the condi9 tions that were the basis for any designation issued

10 under this subsection have changed in such a man11 ner as to warrant revocation of such designation, or

12 that the national security, foreign relations, or eco13 nomic interests of the United States so warrant, the

14 President may revoke such designation in whole or

15 in part.

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

17 President makes a determination that an organiza18 tion no longer engages in, or supports, terrorism ac19 tivity, the President shall prepare and transmit to

20 Congress a supplemental report stating the reasons

21 for the determination.

22 ‘‘(5) Any designation, or revocation thereof, is23 sued pursuant to this subsection shall be published

24 in the Federal Register and shall become effective

25 immediately upon publication.
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1 ‘‘(6) Any revocation of a designation shall not

2 affect any action or proceeding based on any con3 duct committed prior to the effective date of such

4 revocation.

5 ‘‘(d) JUDICIAL REVIEW.—Persons or organizations

6 designated by the President as engaging in, or supporting,

7 terrorism activities under this section may appeal such

8 designation in the District Court for the District of Co9 lumbia not later than 30 days after publication of such

10 designation in the Federal Register.

11 ‘‘(e) PROHIBITED ACTIVITIES.—

12 ‘‘(1) Except as authorized pursuant to the pro13 cedures in subsection (f), it shall be unlawful for any

14 person within the United States, or any person sub15 ject to the jurisdiction of the United States any16 where, to directly or indirectly, raise, receive, or col17 lect on behalf of, or furnish, give, transmit, transfer,

18 or provide funds to or for an organization or person

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

20 to attempt to do any of the foregoing.

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

22 the United States or any person subject to the juris23 diction of the United States anywhere, acting for or

24 on behalf of any organization or person designated

25 under subsection (c)—
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1 ‘‘(A) to transmit, transfer, or receive any

2 funds raised in violation of paragraph (1); or

3 ‘‘(B) to transmit, transfer, or dispose of

4 any funds in which any organization or person

5 designated pursuant to subsection (c) has an

6 interest.

7 ‘‘(f) AUTHORIZED TRANSACTIONS.—

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

9 consistent with this subsection, setting forth the pro10 cedures to be followed by persons seeking to raise or

11 provide funds for an organization designated under

12 subsection (c)(1).

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

14 any person subject to the jurisdiction of the United

15 States anywhere, who seeks to solicit funds for, or

16 transfer funds to, any organization or person des17 ignated under subsection (c) shall, regardless of

18 whether it has an agency relationship with the des19 ignated organization or person, first obtain a license

20 from the Secretary and may solicit funds or transfer

21 funds to a designated organization or person only as

22 permitted under the terms of a license issued by the

23 Secretary.
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1 ‘‘(3) The Secretary shall grant a license only

2 after the person establishes to the satisfaction of the

3 Secretary that—

4 ‘‘(A) the funds are intended to be used ex5 clusively for religious, charitable, literary, or

6 educational, or any other nonterrorist purposes;

7 and

8 ‘‘(B) all recipient organizations in any

9 fundraising chain have effective procedures in

10 place to ensure that the funds—

11 ‘‘(i) will be used exclusively for reli12 gious, charitable, literary, or educational,

13 or any other nonterrorist purposes; and

14 ‘‘(ii) will not be used to offset a trans15 fer of funds to be used in terrorist activity.

16 ‘‘(4) Any person granted a license shall main17 tain books and records, as required by the Secretary,

18 that establish the source of all funds it receives, ex19 penses it incurs, and disbursements it makes. Such

20 books and records shall be made available for inspec21 tion not later than 3 business days after a request

22 by the Secretary. Any person granted a license shall

23 also have an agreement with any recipient organiza24 tion or person that the books and records of such or25 ganization or person, wherever located, shall be
48

•S 735 IS

1 made available for inspection of the Secretary upon

2 a request of the Secretary at a place and time agree3 able to the organization or person and the Secretary.

4 ‘‘(5)(A) The licensing requirement established

5 by this subsection shall automatically expire upon

6 publication of the revocation of a designation under

7 subsection (c)(4).

8 ‘‘(B) Any applicant denied a license under this

9 subsection may appeal to the District Court for the

10 District of Columbia.

11 ‘‘(g) SPECIAL REQUIREMENTS FOR FINANCIAL IN12 STITUTIONS.—

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

14 means of directives, regulations, or licenses, any fi15 nancial institution that becomes aware that it has

16 possession of or control over any funds in which an

17 organization or person designated under subsection

18 (c) has an interest, shall—

19 ‘‘(A) retain possession of or maintain con20 trol over such funds; and

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

22 of such funds in accordance with the regula23 tions prescribed by the Secretary.

24 ‘‘(2) Any financial institution that fails to re25 port to the Secretary the existence of such funds
49

•S 735 IS

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

2 for each day that it fails to report to the Sec3 retary—

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

5 or controlled at the time of the designation of

6 the organization or person, within 10 days after

7 the designation; and

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

9 of or control over arose after the designation of

10 the organization or person, within 10 days after

11 the financial institution obtained possession of

12 or control over the funds.

13 ‘‘(h) INVESTIGATIONS.—Any investigation emanating

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

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

16 be conducted by the Attorney General, except that inves17 tigations relating to—

18 ‘‘(1) a licensee’s compliance with the terms of

19 a license issued by the Secretary pursuant to sub20 section (f);

21 ‘‘(2) a financial institution’s compliance with

22 the requirements of subsection (g); and

23 ‘‘(3) civil penalty proceedings authorized pursu24 ant to subsection (j),
50

•S 735 IS

1 shall be conducted in coordination with the Attorney Gen2 eral by the office within the Department of the Treasury

3 responsible for licensing and civil penalty proceedings au4 thorized by this section. Any evidence of a criminal viola5 tion of this section arising in the course of an investigation

6 by the Secretary or any other Federal agency shall be re7 ferred immediately to the Attorney General for further in8 vestigation. The Attorney General shall timely notify the

9 Secretary of any action taken on referrals from the Sec10 retary, and may refer investigations to the Secretary for

11 remedial licensing or civil penalty action.

12 ‘‘(i) RECORDKEEPING AND REPORTING; CIVIL PRO13 CEDURES.—

14 ‘‘(1) Notwithstanding any other provision of

15 law, in exercising the authorities granted by this sec16 tion, the Secretary and the Attorney General may

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

18 furnish under oath, in the form of reports or other19 wise, complete information relative to any act or

20 transaction referred to in this section either before,

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

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

23 necessary to enforce the terms of this section. In any

24 case in which a report by a person could be required

25 under this subsection, the Secretary or the Attorney
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1 General may require the production of any books of

2 account, records, contracts, letters, memoranda, or

3 other papers or documents, whether maintained in

4 hard copy or electronically, in the control or custody

5 of such person.

6 ‘‘(2) In carrying out this section, the Secretary

7 and the Attorney General may hold hearings, sign

8 and issue subpoenas, administer oaths, examine wit9 nesses, and receive evidence.

10 ‘‘(3) In the case of contumacy by, or refusal to

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

12 General may invoke the aid of any court of the Unit13 ed States within the jurisdiction of which the inves14 tigation is carried on or of which the subpoenaed

15 person is an inhabitant, or in which the subpoenaed

16 person carries on business or may be found, to com17 pel compliance with the subpoena. The court may

18 issue an order requiring the subpoenaed person to

19 appear before the agency issuing the subpoena, or

20 other order or direction, to produce records, if so or21 dered, or to give testimony touching the matter

22 under investigation. Any failure to obey the order of

23 the court may be punished by the court as a con24 tempt thereof. All process in any such case may be
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1 served in any judicial district in which such person

2 may be found.

3 ‘‘(j) PENALTIES.—

4 ‘‘(1) Any person who, with knowledge that the

5 donee is a designated entity, violates subsection (e)

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

7 to ten years, or both.

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

9 make available to the Secretary upon his request or

10 demand the books or records required by subsection

11 (f), or by regulations promulgated thereunder, shall

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

13 amount of money which would have been docu14 mented had the books and records been properly

15 maintained, whichever is greater.

16 ‘‘(B) Any person who fails to take the actions

17 required of financial institutions pursuant to sub18 section (g)(1), or by regulations promulgated there19 under, shall be subject to a civil penalty of $50,000

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

21 the financial institution was required to retain pos22 session or control, whichever is greater.

23 ‘‘(C) Except as otherwise specified in this sec24 tion, any person who violates any license, order, di25 rection, or regulation issued pursuant to this section
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1 shall be subject to a civil penalty of $50,000 per vio2 lation, or twice the value of the violation, whichever

3 is greater.

4 ‘‘(3) Any person who intentionally fails to main5 tain or to make available to the Secretary the books

6 or records required by subsection (i), or by regula7 tions promulgated thereunder, shall be fined under

8 this title, or imprisoned for up to 5 years, or both.

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

10 under paragraph (1) or (3) of subsection (i) shall,

11 upon conviction, forfeit any charitable designation it

12 might have received under the Internal Revenue

13 Code.

14 ‘‘(k) INJUNCTION.—

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

16 the Attorney General that any person is engaged in,

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

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

19 Attorney General may initiate civil action in a dis20 trict court of the United States to enjoin such viola21 tion.

22 ‘‘(2) A proceeding under this subsection is gov23 erned by the Federal Rules of Civil Procedure, ex24 cept that, if an indictment has been returned against
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1 the respondent, discovery is governed by the Federal

2 Rules of Criminal Procedure.

3 ‘‘(l) EXTRATERRITORIAL JURISDICTION.—There is

4 extraterritorial Federal jurisdiction over an offense under

5 this section.

6 ‘‘(m) CLASSIFIED INFORMATION IN CIVIL PROCEED7 INGS BROUGHT BY THE UNITED STATES.—

8 ‘‘(1) DISCOVERY OF CLASSIFIED INFORMATION

9 BY DEFENDANTS.—A court, upon a sufficient show10 ing, may authorize the States to delete specified

11 items of classified information from documents to be

12 introduced into evidence or made available to the de13 fendant through discovery under the Federal Rules

14 of Civil Procedure, to substitute a summary of the

15 information for such classified documents, or to sub16 stitute a statement admitting relevant facts that the

17 classified information would tend to prove. The court

18 shall permit the United States to make a request for

19 such authorization in the form of a written state20 ment to be inspected by the court alone. If the court

21 enters an order granting relief following such an ex

22 parte showing, the entire text of the statement of

23 the United States shall be sealed and preserved in

24 the records of the court to be made available to the

25 appellate court in the event of an appeal. If the
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1 court enters an order denying relief to the United

2 States under this paragraph, the United States may

3 take an immediate, interlocutory appeal in accord4 ance with the provisions of paragraph (3). For pur5 poses of such an appeal, the entire text of the under6 lying written statement of the United States, to7 gether with any transcripts of arguments made ex

8 parte to the court in connection therewith, shall be

9 maintained under seal and delivered to the appellate

10 court.

11 ‘‘(2) INTRODUCTION OF CLASSIFIED INFORMA12 TION; PRECAUTIONS BY COURT.—

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

14 prevent unnecessary or inadvertent disclosure of

15 classified information in a civil trial or other

16 proceeding brought by the United States under

17 this section, may petition the court ex parte to

18 admit, in lieu of classified writings, recordings

19 or photographs, one or more of the following:

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

21 classified information has been deleted;

22 ‘‘(ii) stipulations admitting relevant

23 facts that specific classified information

24 would tend to prove; or
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1 ‘‘(iii) a summary of the specific classi2 fied information.

3 The court shall grant such a motion of the

4 United States if the court finds that the re5 dacted item, stipulation, or summary will pro6 vide the defendant with substantially the same

7 ability to make his defense as would disclosure

8 of the specific classified information.

9 ‘‘(B) TAKING OF TRIAL TESTIMONY.—Dur10 ing the examination of a witness in any civil

11 proceeding brought by the United States under

12 this section, the United States may object to

13 any question or line of inquiry that may require

14 the witness to disclose classified information not

15 previously found to be admissible. Following

16 such an objection, the court shall take suitable

17 action to determine whether the response is ad18 missible and, in doing so, shall take precautions

19 to guard against the compromise of any classi20 fied information. Such action may include per21 mitting the United States to provide the court,

22 ex parte, with a proffer of the witness’s re23 sponse to the question or line of inquiry, and

24 requiring the defendant to provide the court
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1 with a proffer of the nature of the information

2 the defendant seeks to elicit.

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

4 order denying relief to the United States under

5 this subsection, the United States may take an

6 immediate interlocutory appeal in accordance

7 with paragraph (3).

8 ‘‘(3) INTERLOCUTORY APPEAL.—

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

10 States shall lie to a court of appeals from a de11 cision or order of a district court—

12 ‘‘(i) authorizing the disclosure of clas13 sified information;

14 ‘‘(ii) imposing sanctions for

15 nondisclosure of classified information; or

16 ‘‘(iii) refusing a protective order

17 sought by the United States to prevent the

18 disclosure of classified information.

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

20 paragraph either before or during trial shall be

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

22 an appeal shall be taken not later than 10 days

23 after the decision or order appealed from, and

24 the trial shall not commence until the appeal is

25 resolved. If an appeal is taken during trial, the
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1 trial court shall adjourn the trial until the ap2 peal is resolved. The court of appeals—

3 ‘‘(i) shall hear argument on such ap4 peal not later than 4 days after the ad5 journment of the trial;

6 ‘‘(ii) may dispense with written briefs

7 other than the supporting materials pre8 viously submitted to the trial court;

9 ‘‘(iii) shall render its decision not

10 later than 4 days after argument on ap11 peal; and

12 ‘‘(iv) may dispense with the issuance

13 of a written opinion in rendering its deci14 sion.

15 ‘‘(C) An interlocutory appeal and decision

16 under this paragraph shall not affect the right

17 of the defendant, in a subsequent appeal from

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

19 the trial court on remand of a ruling appealed

20 from during trial.

21 ‘‘(4) CONSTRUCTION.—Nothing in this sub22 section shall prevent the United States from seeking

23 protective orders or asserting privileges ordinarily

24 available to the United States to protect against the
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1 disclosure of classified information, including the in2 vocation of the military and State secrets privilege.

3 ‘‘(n) DEFINITIONS.—As used in this section—

4 ‘‘(1) the term ‘classified information’ means

5 any information or material that has been deter6 mined by the United States Government pursuant to

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

8 protection against unauthorized disclosure for rea9 sons of national security and any restricted data, as

10 defined in paragraph r. of section 11 of the Atomic

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

12 ‘‘(2) the term ‘financial institution’ has the

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

14 United States Code, including any regulations pro15 mulgated thereunder;

16 ‘‘(3) the term ‘funds’ includes coin or currency

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

18 checks, personal checks, bank checks, money orders,

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

20 any other negotiable instrument, and any electronic

21 representation of any of the foregoing;

22 ‘‘(4) the term ‘national security’ means the na23 tional defense and foreign relations of the United

24 States;
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1 ‘‘(5) the term ‘person’ includes an individual,

2 partnership, association, group, corporation, or other

3 organization;

4 ‘‘(6) the term ‘Secretary’ means the Secretary

5 of the Treasury; and

6 ‘‘(7) the term ‘United States’, when used in a

7 geographical sense, includes all commonwealths, ter8 ritories, and possessions of the United States.’’.

9 (b) TECHNICAL AMENDMENT.—The analysis for

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

11 by adding at the end the following new item:

‘‘2339B. Fundraising for terrorist organizations’’.

12 (c) CLASSIFIED INFORMATION IN CIVIL PROCEED13 INGS.—Section 2339B(k) of title 18, United States Code

14 (relating to classified information in civil proceedings

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

16 civil proceedings brought by the United States under the

17 International Emergency Economic Powers Act (50

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

19 SEC. 402. CORRECTION TO MATERIAL SUPPORT PROVI20 SION.

21 Section 120005 of Public Law 103–322, September

22 13, 1994, is amended to read at the time of its enactment

23 on September 13, 1994, as follows:
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1 ‘‘(a) OFFENSE.—Chapter 113A of title 18, United

2 States Code, is amended by adding the following new sec3 tion:

4 ‘‘§ 2339A. Providing material support to terrorists

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

6 or resources’ means currency or other financial securities,

7 financial services, lodging, training, safehouses, false doc8 umentation or identification, communications equipment,

9 facilities, weapons, lethal substances, explosives, person10 nel, transportation, and other physical assets, but does not

11 include humanitarian assistance to persons not directly in12 volved in such violations.

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

14 States, provides material support or resources or conceals

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

16 material support or resources, knowing or intending that

17 they are to be used in preparation for, in carrying out,

18 a violation of section 32, 37, 351, 844(f) or (i), 956, 1114,

19 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, or

20 2332a of this title or section 46502 of title 49, or in prepa21 ration for or carrying out the concealment or an escape

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

23 under this title, imprisoned not more than ten years, or

24 both.’’.
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1 TITLE V—ASSISTANCE TO FED2 ERAL LAW ENFORCEMENT

3 AGENCIES

4 Subtitle A—Antiterrorism

5 Assistance

6 SEC. 501. STUDY AND REPORT ON DOMESTIC TERRORISM.

7 (a) STUDY.—The Director of the Federal Bureau of

8 Investigation shall study all applicable guidelines and laws

9 regulating domestic surveillance.

10 (b) REPORT.—Not later than 30 days after the date

11 of enactment of this Act, the Director of the Federal Bu12 reau of Investigation shall report to Congress the findings

13 of the review of laws and guidelines conducted pursuant

14 to subsection (a), and shall provide suggestions, to the ex15 tent that any changes in current policy are needed, for

16 enhancing domestic surveillance in support of investiga17 tions.

18 SEC. 502. FEDERAL BUREAU OF INVESTIGATION COUNTER19 INTELLIGENCE.

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

21 (15 U.S.C. 1681 et seq.) is amended by adding after sec22 tion 623 the following new section:
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1 ‘‘SEC. 624. DISCLOSURES TO FEDERAL BUREAU OF INVES2 TIGATION FOR COUNTERINTELLIGENCE PUR3 POSES.

4 ‘‘(a) IDENTITY OF FINANCIAL INSTITUTIONS.—Not5 withstanding section 604 or any other provision of this

6 title, a consumer reporting agency shall furnish to the

7 Federal Bureau of Investigation the names and addresses

8 of all financial institutions (as that term is defined in sec9 tion 1101 of the Right to Financial Privacy Act of 1978)

10 at which a consumer maintains or has maintained an ac11 count, to the extent that information is in the files of the

12 agency, when presented with a written request for that

13 information, signed by the Director of the Federal Bureau

14 of Investigation, or the Director’s designee, which certifies

15 compliance with this section. The Director or the Direc16 tor’s designee may make such a certification only if the

17 Director or the Director’s designee has determined in writ18 ing that—

19 ‘‘(1) such information is necessary for the con20 duct of an authorized foreign counterintelligence in21 vestigation; and

22 ‘‘(2) there are specific and articulable facts giv23 ing reason to believe that the consumer—

24 ‘‘(A) is a foreign power (as defined in sec25 tion 101 of the Foreign Intelligence Surveil26 lance Act of 1978) or a person who is not a
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1 United States person (as defined in such sec2 tion 101) and is an official of a foreign power;

3 or

4 ‘‘(B) is an agent of a foreign power and is

5 engaging or has engaged in international terror6 ism (as that term is defined in section 101(c)

7 of the Foreign Intelligence Surveillance Act of

8 1978) or clandestine intelligence activities that

9 involve or may involve a violation of criminal

10 statutes of the United States.

11 ‘‘(b) IDENTIFYING INFORMATION.—Notwithstanding

12 section 604 or any other provision of this title, a consumer

13 reporting agency shall furnish identifying information re14 specting a consumer, limited to name, address, former ad15 dresses, places of employment, or former places of employ16 ment, to the Federal Bureau of Investigation when pre17 sented with a written request, signed by the Director or

18 the Director’s designee, which certifies compliance with

19 this subsection. The Director or the Director’s designee

20 may make such a certification only if the Director or the

21 Director’s designee has determined in writing that—

22 ‘‘(1) such information is necessary to the con23 duct of an authorized counterintelligence investiga24 tion; and
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1 ‘‘(2) there is information giving reason to be2 lieve that the consumer has been, or is about to be,

3 in contact with a foreign power or an agent of a for4 eign power (as defined in section 101 of the Foreign

5 Intelligence Surveillance Act of 1978).

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

7 REPORTS.—Notwithstanding section 604 or any other

8 provision of this title, if requested in writing by the Direc9 tor of the Federal Bureau of Investigation, or a designee

10 of the Director, a court may issue an order ex parte direct11 ing a consumer reporting agency to furnish a consumer

12 report to the Federal Bureau of Investigation, upon a

13 showing in camera that—

14 ‘‘(1) the consumer report is necessary for the

15 conduct of an authorized foreign counterintelligence

16 investigation; and

17 ‘‘(2) there are specific and articulable facts giv18 ing reason to believe that the consumer whose

19 consumer report is sought—

20 ‘‘(A) is an agent of a foreign power; and

21 ‘‘(B) is engaging or has engaged in inter22 national terrorism (as that term is defined in

23 section 101(c) of the Foreign Intelligence Sur24 veillance Act of 1978) or clandestine intel25 ligence activities that involve or may involve a
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1 violation of criminal statutes of the United

2 States.

3 The terms of an order issued under this subsection shall

4 not disclose that the order is issued for purposes of a

5 counterintelligence investigation.

6 ‘‘(d) CONFIDENTIALITY.—

7 ‘‘(1) No consumer reporting agency or officer,

8 employee, or agent of a consumer reporting agency

9 shall disclose to any person, other than officers, em10 ployees, or agents of a consumer reporting agency

11 necessary to fulfill the requirement to disclose infor12 mation to the Federal Bureau of Investigation under

13 this section, that the Federal Bureau of Investiga14 tion has sought or obtained the identity of financial

15 institutions or a consumer report respecting any

16 consumer under subsection (a), (b), or (c).

17 ‘‘(2) No consumer reporting agency or officer,

18 employee, or agent of a consumer reporting agency

19 shall include in any consumer report any informa20 tion that would indicate that the Federal Bureau of

21 Investigation has sought or obtained such informa22 tion or a consumer report.

23 ‘‘(e) PAYMENT OF FEES.—The Federal Bureau of

24 Investigation shall, subject to the availability of appropria25 tions, pay to the consumer reporting agency assembling
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1 or providing reports or information in accordance with

2 procedures established under this section, a fee for reim3 bursement for such costs as are reasonably necessary and

4 which have been directly incurred in searching, reproduc5 ing, or transporting books, papers, records, or other data

6 required or requested to be produced under this section.

7 ‘‘(f) LIMIT ON DISSEMINATION.—The Federal Bu8 reau of Investigation may not disseminate information ob9 tained pursuant to this section outside of the Federal Bu10 reau of Investigation, except—

11 ‘‘(1) to the Department of Justice, as may be

12 necessary for the approval or conduct of a foreign

13 counterintelligence investigation; and

14 ‘‘(2) where the information concerns a person

15 subject to the Uniform Code of Military Justice, to

16 appropriate investigative authorities within the mili17 tary department concerned as may be necessary for

18 the conduct of a joint foreign counterintelligence in19 vestigation.

20 ‘‘(g) RULES OF CONSTRUCTION.—Nothing in this

21 section shall be construed to prohibit information from

22 being furnished by the Federal Bureau of Investigation

23 pursuant to a subpoena or court order, or in connection

24 with a judicial or administrative proceeding to enforce the

25 provisions of this Act. Nothing in this section shall be con-
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1 strued to authorize or permit the withholding or informa2 tion from the Congress.

3 ‘‘(h) REPORTS TO CONGRESS.—On a semiannual

4 basis, the Attorney General of the United States shall fully

5 inform the Permanent Select Committee on Intelligence

6 and the Committee on Banking and Financial Services of

7 the House of Representatives, and the Select Committee

8 on Intelligence and the Committee on Banking, Housing,

9 and Urban Affairs of the Senate concerning all requests

10 made pursuant to subsections (a), (b), and (c).

11 ‘‘(i) DAMAGES.—Any agency or department of the

12 United States obtaining or disclosing any consumer re13 ports, records, or information contained therein in viola14 tion of this section is liable to the consumer to whom such

15 consumer reports, records, or information relate in an

16 amount equal to the sum of—

17 ‘‘(1) $100, without regard to the volume of

18 consumer reports, records, or information involved;

19 ‘‘(2) any actual damages sustained by the

20 consumer as a result of the disclosure;

21 ‘‘(3) if the violation is found to have been will22 ful or intentional, such punitive damages as a court

23 may allow; and

24 ‘‘(4) in the case of any successful action to en25 force liability under this subsection, the costs of the
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1 action, together with reasonable attorney fees, as de2 termined by the court.

3 ‘‘(j) DISCIPLINARY ACTIONS FOR VIOLATIONS.—If a

4 court determines that any agency or department of the

5 United States has violated any provision of this section

6 and the court finds that the circumstances surrounding

7 the violation raise questions of whether or not an officer

8 or employee of the agency or department acted willfully

9 or intentionally with respect to the violation, the agency

10 or department shall promptly initiate a proceeding to de11 termine whether or not disciplinary action is warranted

12 against the officer or employee who was responsible for

13 the violation.

14 ‘‘(k) GOOD-FAITH EXCEPTION.—Notwithstanding

15 any other provision of this title, any consumer reporting

16 agency or agent or employee thereof making disclosure of

17 consumer reports or identifying information pursuant to

18 this subsection in good-faith reliance upon a certification

19 of the Federal Bureau of Investigation pursuant to provi20 sions of this section shall not be liable to any person for

21 such disclosure under this title, the constitution of any

22 State, or any law or regulation of any State or any politi23 cal subdivision of any State.

24 ‘‘(l) LIMITATION OF REMEDIES.—Notwithstanding

25 any other provision of this title, the remedies and sanc-
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1 tions set forth in this section shall be the only judicial

2 remedies and sanctions for violation of this section.

3 ‘‘(m) INJUNCTIVE RELIEF.—In addition to any other

4 remedy contained in this section, injunctive relief shall be

5 available to require compliance with the procedures of this

6 section. In the event of any successful action under this

7 subsection, costs together with reasonable attorney fees,

8 as determined by the court, may be recovered.’’.

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

10 at the beginning of the Fair Credit Reporting Act (15

11 U.S.C. 1681a et seq.) is amended by adding after the item

12 relating to section 623 the following new item:

‘‘624. Disclosures to the Federal Bureau of Investigation for counterintelligence

purposes.’’.

13 SEC. 503. ADMINISTRATIVE SUBPOENAS FOR COMMON CAR14 RIERS AND INNKEEPERS.

15 (a) IN GENERAL.—Title 28, United States Code, is

16 amended by inserting after section 537 the following new

17 section:

18 ‘‘§ 538. Administrative summons authority for com19 mon carriers and innkeepers

20 ‘‘(a) ISSUANCE.—

21 ‘‘(1) AUTHORITY.—Pursuant to regulations

22 promulgated by the Attorney General in consultation

23 with the Director of the Federal Bureau of Inves24 tigation, the Director, and supervisory level special
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1 agents of the Federal Bureau of Investigation des2 ignated by the Director may issue in writing and

3 cause to be served upon a common carrier or inn4 keeper, a summons requiring the common carrier or

5 innkeeper to produce the materials at the place des6 ignated in the summons, upon a determination that

7 the common carrier or innkeeper may possess, or

8 have care, custody, or control of any books, records,

9 papers, documents, or other tangible things or ob10 jects, in any form, that may be relevant to a foreign

11 counterintelligence activity.

12 ‘‘(2) CONTENTS.—The summons shall—

13 ‘‘(A) describe the materials to be produced

14 with reasonably sufficient clarity and particu15 larity to enable the materials to be identified;

16 and

17 ‘‘(B) prescribe a return date that provides

18 a reasonable period of time within which the

19 material can be assembled and made available.

20 ‘‘(b) SERVICE.—A summons issued under this section

21 may be served by any person designated in the summons

22 to serve it. Service upon a natural person may be made

23 by personal delivery of the summons to the person. Service

24 may be made upon a domestic or foreign corporation or

25 upon a partnership or other unincorporated association by
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1 delivering the summons personally or by certified or reg2 istered mail to an officer, managing or general agent, or

3 any other agent authorized by appointment, or by law of

4 any State or jurisdiction, to receive service of process. The

5 affidavit of the person serving the summons shall be proof

6 of service.

7 ‘‘(c) PLACE OF SERVICE.—A summons issued under

8 this section may be served at any place within the United

9 States or any place subject to the laws or the jurisdiction

10 of the United States.

11 ‘‘(d) ENFORCEMENT.—

12 ‘‘(1) REFUSAL TO OBEY.—In the case of contu13 macy, neglect, or refusal to obey a summons issued

14 to and served upon any person pursuant to this sec15 tion, the Attorney General or a designee of the At16 torney General may invoke the aid of any court of

17 the United States within which the investigation is

18 pending, the summons was served, or the summoned

19 person carries on business or may be found, to com20 pel compliance with the summons. All process in any

21 such case may be served in any judicial district in

22 which such person may be found.

23 ‘‘(2) PETITION.—(A) Not later than 10 days

24 after the earlier of the service of a summons upon

25 a common carrier or innkeeper, or at any time be-
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1 fore the return date specified in the summons, the

2 common carrier or innkeeper may file in the district

3 court of the United States for the judicial district in

4 which the investigation is pending, a petition for an

5 order modifying or setting aside the summons issued

6 pursuant to subsection (a), or a prohibition of disclo7 sure order obtained or a certification issued by the

8 Government pursuant to subsection (f).

9 ‘‘(B) The petition shall specify each ground

10 upon which the petitioner relies in seeking relief.

11 ‘‘(C) An order or certification of nondisclosure

12 pursuant to subsection (f) shall not be grounds for

13 a petition to modify or set aside the summons.

14 ‘‘(D) The time allowed for initiation of formal

15 criminal proceedings under any applicable statute of

16 limitations shall be tolled while the petition is pend17 ing in court or on appeal.

18 ‘‘(3) JURISDICTION OF DISTRICT COURTS.—The

19 district courts of the United States shall have juris20 diction to hear and determine the matters arising

21 under this section, and to enter such orders as may

22 be required to effectuate the provisions of this sec23 tion. Any failure to obey the order entered by the

24 district judge may be punished as a contempt there25 of. Any petition filed or order entered relating to a
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1 summons issued and served with an order of

2 nondisclosure pursuant to subsection (f) shall be

3 under seal. All proceedings relating to or arising

4 from a summons or certification of nondisclosure is5 sued in connection with the collection of positive for6 eign intelligence or counterintelligence shall be under

7 seal and in compliance with applicable statutes, reg8 ulations, and orders relating to handling of classified

9 information.

10 ‘‘(4) PRODUCTION OF MATERIALS.—Any person

11 served with a summons issued pursuant to this sec12 tion shall proceed to assemble the materials re13 quested and shall be prepared to produce them on

14 the date and at the place specified in the summons.

15 ‘‘(e) LIMITATIONS.—

16 ‘‘(1) CONSTRUCTION WITH OTHER LAWS.—Ex17 cept as expressly provided in this section, nothing in

18 this section shall supersede the provisions of any

19 other law of the United States that regulates access

20 to materials by Federal agencies.

21 ‘‘(2) SUBPOENA DUCES TECUM.—No summons

22 shall require the production of materials, if such ma23 terials would be protected from production under the

24 standards applicable to a subpoena duces tecum is25 sued by a court of the United States in aid of the
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1 grand jury investigation for the purpose of Federal

2 indictment and prosecution. Nothing in this sub3 section shall be construed to bar the use of the sum4 mons authorized by this section in connection with

5 gathering data for foreign intelligence purposes.

6 ‘‘(3) USE OF MATERIALS IN INVESTIGATION OR

7 OTHER PROCEEDING.—Nothing in this section or in

8 any other statute or rule shall be construed to pro9 hibit the use of materials or the information con10 tained therein obtained pursuant to this section in

11 any investigation or proceeding.

12 ‘‘(f) PROHIBITION OF DISCLOSURE.—

13 ‘‘(1) IN GENERAL.—(A) Notwithstanding any

14 other provision of Federal, State, or local law, a

15 United States District Court Judge for the district

16 in which the investigation is pending may, upon ap17 plication of the United States without notice to a

18 summons recipient, issue an ex parte order, that no

19 person served with a summons pursuant to this sec20 tion, or their representative, shall disclose to any

21 other person the existence of such summons, for a

22 period of 180 days.

23 ‘‘(B) Such order may be issued on a showing

24 that the materials being sought may be relevant to

25 a legitimate law enforcement inquiry involving a risk
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1 to national security and that there is reason to be2 lieve that such disclosure may result in—

3 ‘‘(i) endangering the life or physical safety

4 of any person;

5 ‘‘(ii) flight from prosecution;

6 ‘‘(iii) destruction of or tampering with evi7 dence;

8 ‘‘(iv) intimidation of potential witnesses; or

9 ‘‘(v) defeating any remedy or penalty pro10 vided for violation of the laws of the United

11 States.

12 ‘‘(2) RENEWAL.—The period of nondisclosure

13 may be renewed for additional 180-day periods pur14 suant to this subsection.

15 ‘‘(3) FOREIGN INTELLIGENCE OR COUNTER16 INTELLIGENCE.—Notwithstanding any other provi17 sion of Federal, State, or local law, no person served

18 with a summons issued pursuant to this section, or

19 their representative, shall disclose the existence of

20 such summons in any case in which the Director of

21 the Federal Bureau of Investigation or a special

22 agent of the rank of Assistant Special Agent-In23 Charge or above designated by the Director certifies

24 that the summons was issued for the purpose of col-
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1 lecting positive foreign intelligence or counterintel2 ligence.

3 ‘‘(4) PENALTY FOR DISCLOSURE.—Whoever

4 knowingly and willfully discloses or attempts to dis5 close the existence of a summons in violation of this

6 subsection shall be subject to imprisonment up to 5

7 years or fined as provided under section 3571 of

8 title 18, or both.

9 ‘‘(5) DISCLOSURE TO ATTORNEY.—Nothing in

10 this subsection shall prohibit any person from dis11 closing the service of a summons pursuant to this

12 section to any attorney for purposes of filing a peti13 tion pursuant to subsection (d)(2).

14 ‘‘(6) THIRD-PARTY PRODUCTION.—Any third

15 party recordkeeper, agent, or employee thereof, who,

16 in good faith reliance on an order or certification of

17 nondisclosure pursuant to this subsection, produces

18 any materials and does not disclose such production

19 to the subject of the records shall not be liable to

20 any customer or other person for such

21 nondisclosure.’’.

22 (b) TECHNICAL AMENDMENT.—The table of sections

23 for chapter 33 of title 28, United States Code, is amended

24 by inserting at the end thereof the following new item:

‘‘Section 538. Administrative summons authority for common carriers and

inkeepers.’’
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1 SEC. 504. 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 SEC. 505. FEDERAL BUREAU OF INVESTIGATION REPORT.

18 Not later than January 31, 1997, the Director of the

19 Federal Bureau of Investigation shall report to Congress

20 on the effectiveness of section 2339A of title 18, United

21 States Code (as added by section 120005(a) of the Violent

22 Crime Control and Law Enforcement Act of 1994). The

23 report shall include any recommendations of the Director

24 for changes in existing law that are needed to improve the

25 effectiveness of such section.
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1 Subtitle B—Intelligence

2 SEC. 511. STUDY AND REPORT ON ELECTRONIC SURVEIL3 LANCE.

4 (a) STUDY.—The Attorney General and the Director

5 of the Federal Bureau of Investigation shall study all ap6 plicable laws and guidelines relating to electronic surveil7 lance and the use of pen registers and other trap and trace

8 devices.

9 (b) REPORT.—Not later than 90 days after the date

10 of enactment of this Act, the Attorney General shall report

11 to the Congress on the findings of the study conducted

12 pursuant to subsection (a), and shall provide recommenda13 tions for the use of electronic devices in conducting sur14 veillance of terrorist or other criminal organizations, and

15 for any modifications in the law necessary to enable the

16 Federal Government to fulfill its law enforcement respon17 sibilities within appropriate constitutional parameters.

18 SEC. 512. WIRETAP AUTHORITY FOR TERRORISM AND RE19 LATED OFFENSES.

20 Section 2516(1) of title 18, United States Code, is

21 amended—

22 (1) in paragraph (c), by inserting after ‘‘section

23 175 (relating to biological weapons),’’ the following:

24 ‘‘or a felony violation under section 1028 (relating to

25 production of false identification documentation),
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1 sections 1541, 1542, 1543, 1544, and 1546 (relating

2 to passport and visa offenses),’’;

3 (2) by redesignating paragraphs (m), (n), and

4 (o) as paragraphs (n), (o), and (p), respectively; and

5 (3) by inserting after paragraph (l) the follow6 ing new paragraph:

7 ‘‘(m) A violation of (i) section 274 of the Immigration

8 and Nationality Act (8 U.S.C. 1324) (relating to alien

9 smuggling), (ii) section 277 of the Immigration and Na10 tionality Act (8 U.S.C. 1327) (relating to the smuggling

11 of aliens convicted of aggravated felonies or of aliens sub12 ject to exclusion on grounds of national security), or (iii)

13 section 278 of the Immigration and Nationality Act (8

14 U.S.C. 1328) (relating to smuggling of aliens for the pur15 pose of prostitution);’’.

16 SEC. 513. PARTICIPATION OF FOREIGN AND STATE GOV17 ERNMENT PERSONNEL IN INTERCEPTIONS

18 OF COMMUNICATIONS.

19 Section 2518(5) of title 18, United States Code, is

20 amended by inserting ‘‘(including personnel of a foreign

21 government or of a State or subdivision of a State)’’ after

22 ‘‘Government personnel’’.
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1 SEC. 514. DISCLOSURE OF INTERCEPTED COMMUNICA2 TIONS TO FOREIGN LAW ENFORCEMENT

3 AGENCIES.

4 Section 2510(7) of title 18, United States Code, is

5 amended by inserting before the semicolon the following:

6 ‘‘and, for purposes of subsections (1) and (2) of section

7 2517, any person authorized to perform investigative, law

8 enforcement, or prosecutorial functions by a foreign gov9 ernment’’.

10 SEC. 515. AUTHORIZATION FOR INTERCEPTIONS OF COM11 MUNICATIONS IN CERTAIN TERRORISM RE12 LATED OFFENSES.

13 (a) Section 2516(1) of title 18, United States Code,

14 is amended—

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

16 (o), as so redesignated by section 512(a)(2);

17 (2) by redesignating paragraph (p), as so redes18 ignated by section 512(a)(2), as paragraph (s); and

19 (3) by inserting after paragraph (o), as so re20 designated by section 512(a)(2), the following new

21 subparagraphs:

22 ‘‘(p) Any violation of section 956 or section 960 of

23 title 18, United States Code (relating to certain actions

24 against foreign nations);

25 ‘‘(q) Any violation of section 46502 of title 49, United

26 States Code; and’’.
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1 (b) Section 2516(1)(c) of title 18, United States

2 Code, is amended by inserting before ‘‘or section 1992 (re3 lating to wrecking trains)’’ the following: ‘‘section 2332

4 (relating to terrorist acts abroad), section 2332a (relating

5 to weapons of mass destruction, section 2332b (relating

6 to acts of terrorism transcending national boundaries),

7 section 2339A (relating to providing material support to

8 terrorists), section 37 (relating to violence at international

9 airports),’’.

10 Subtitle C—Additional Funding for

11 Law Enforcement

12 SEC. 521. FEDERAL BUREAU OF INVESTIGATION ASSIST13 ANCE TO COMBAT TERRORISM.

14 (a) IN GENERAL.—With funds made available pursu15 ant to subsection (b), the Attorney General shall—

16 (1) develop digital telephony technology;

17 (2) support and enhance the technical support

18 center and tactical operations;

19 (3) expand legal attaches;

20 (4) enhance Federal wireless communications

21 and antenna site lease shortfall;

22 (5) expand and improve the instructional, oper23 ational support, and construction of the Federal Bu24 reau of Investigation academy;
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1 (6) expand and improve investigative and man2 agerial training courses for State, Indian tribal, and

3 local law enforcement agencies;

4 (7) construct a Federal Bureau of Investigation

5 laboratory and provide laboratory examination sup6 port; and

7 (8) create a special Federal Bureau of Inves8 tigation counterterrorism and counterintelligence

9 fund for costs associated with terrorism cases.

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There

11 are authorized to be appropriated for the activities of the

12 Federal Bureau of Investigation, to help meet the in13 creased demands for activities to combat terrorism—

14 (1) $203,150,000 for fiscal year 1996, of

15 which—

16 (A) not more than $52,000,000 shall be

17 available to carry out subsection (a)(1);

18 (B) not more than $39,900,000 shall be

19 available to carry out subsection (a)(2);

20 (C) not more than $10,750,000 shall be

21 available to carry out subsection (a)(3);

22 (D) not more than $24,100,000 shall be

23 available to carry out subsection (a)(4);

24 (E) not more than $34,000,000 shall be

25 available to carry out subsection (a)(5);
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1 (F) not more than $1,650,000 shall be

2 available to carry out subsection (a)(6);

3 (G) not more than $16,200,000 shall be

4 available to carry out subsection (a)(7); and

5 (H) not more than $2,000,000 shall be

6 available to carry out subsection (a)(8);

7 (2) $184,500,000 for fiscal year 1997, of

8 which—

9 (A) not more than $52,000,000 shall be

10 available to carry out subsection (a)(1);

11 (B) not more than $31,000,000 shall be

12 available to carry out subsection (a)(2);

13 (C) not more than $2,200,000 shall be

14 available to carry out subsection (a)(3);

15 (D) not more than $24,100,000 shall be

16 available to carry out subsection (a)(4);

17 (E) not more than $48,000,000 shall be

18 available to carry out subsection (a)(5);

19 (F) not more than $1,650,000 shall be

20 available to carry out subsection (a)(6);

21 (G) not more than $3,000,000 shall be

22 available to carry out subsection (a)(7);

23 (H) not more than $2,000,000 shall be

24 available to carry out subsection (a)(8);
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1 (3) $284,000,000 for fiscal year 1998, of

2 which—

3 (A) not more than $47,000,000 shall be

4 available to carry out subsection (a)(1);

5 (B) not more than $20,000,000 shall be

6 available to carry out subsection (a)(2);

7 (C) not more than $2,200,000 shall be

8 available to carry out subsection (a)(3);

9 (D) not more than $24,100,000 shall be

10 available to carry out subsection (a)(4);

11 (E) not more than $31,500,000 shall be

12 available to carry out subsection (a)(5);

13 (F) not more than $1,650,000 shall be

14 available to carry out subsection (a)(6);

15 (G) not more than $140,000,000 shall be

16 available to carry out subsection (a)(7);

17 (H) not more than $2,000,000 shall be

18 available to carry out subsection (a)(8);

19 (4) $147,500,000 for fiscal year 1999, of

20 which—

21 (A) not more than $46,000,000 shall be

22 available to carry out subsection (a)(1);

23 (B) not more than $20,000,000 shall be

24 available to carry out subsection (a)(2);
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1 (C) not more than $2,200,000 shall be

2 available to carry out subsection (a)(3);

3 (D) not more than $24,100,000 shall be

4 available to carry out subsection (a)(4);

5 (E) not more than $34,000,000 shall be

6 available to carry out subsection (a)(5);

7 (F) not more than $1,650,000 shall be

8 available to carry out subsection (a)(6);

9 (G) not more than $2,500,000 shall be

10 available to carry out subsection (a)(7); and

11 (H) not more than $2,000,000 shall be

12 available to carry out subsection (a)(8); and

13 (5) $125,850,000 for fiscal year 2000, of

14 which—

15 (A) not more than $46,000,000 shall be

16 available to carry out subsection (a)(1);

17 (B) not more than $12,500,000 shall be

18 available to carry out subsection (a)(2);

19 (C) not more than $2,200,000 shall be

20 available to carry out subsection (a)(3);

21 (D) not more than $8,100,000 shall be

22 available to carry out subsection (a)(4);

23 (E) not more than $36,000,000 shall be

24 available to carry out subsection (a)(5);
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1 (F) not more than $1,650,000 shall be

2 available to carry out subsection (a)(6);

3 (G) not more than $2,500,000 shall be

4 available to carry out subsection (a)(7); and

5 (H) not more than $2,000,000 shall be

6 available to carry out subsection (a)(8).

7 (c) AVAILABILITY OF FUNDS.—

8 (1) IN GENERAL.—Funds made available pur9 suant to subsection (b), in any fiscal year, shall re10 main available until expended.

11 (2) PRIORITY OF DIGITAL TELEPHONY.—No

12 funds shall be expended to carry out paragraphs (2),

13 (3), or (4) of subsection (a) until the full amount of

14 funds appropriated is made available to carry out

15 paragraph (1) of such subsection.

16 (d) EXCESS FUNDS.—Any funds remaining after the

17 operation of subsection (a) may be expended by the Fed18 eral Bureau of Investigation for—

19 (1) telephone carrier compliance, in accordance

20 with the Communication Assistance for Law En21 forcement Act of 1994; and

22 (2) the hiring of new Federal Bureau of Inves23 tigation agents.
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1 SEC. 522. AUTHORIZATION OF ADDITIONAL APPROPRIA2 TIONS FOR THE UNITED STATES CUSTOMS

3 SERVICE.

4 (a) IN GENERAL.—There are authorized to be appro5 priated for the activities of the United States Customs

6 Service, to help meet the increased needs of the United

7 States Customs Service—

8 (1) $20,000,000 for fiscal year 1996;

9 (2) $30,000,000 for fiscal year 1997;

10 (3) $40,000,000 for fiscal year 1998;

11 (4) $50,000,000 for fiscal year 1999; and

12 (5) $60,000,000 for fiscal year 2000.

13 (b) AVAILABILITY OF FUNDS.—Funds made avail14 able pursuant to subsection (a), in any fiscal year, shall

15 remain available until expended.

16 SEC. 523. AUTHORIZATION OF ADDITIONAL APPROPRIA17 TIONS FOR THE IMMIGRATION AND NATU18 RALIZATION SERVICE.

19 (a) IN GENERAL.—There are authorized to be appro20 priated for the activities of the Immigration and Natu21 ralization Service, to help meet the increased needs of the

22 Immigration and Naturalization Service—

23 (1) $15,000,000 for fiscal year 1996;

24 (2) $15,000,000 for fiscal year 1997;

25 (3) $15,000,000 for fiscal year 1998;

26 (4) $15,000,000 for fiscal year 1999; and
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1 (5) $15,000,000 for fiscal year 2000.

2 (b) AVAILABILITY OF FUNDS.—Funds made avail3 able pursuant to subsection (a), in any fiscal year, shall

4 remain available until expended.

5 SEC. 524. DRUG ENFORCEMENT ADMINISTRATION.

6 (a) ACTIVITIES OF DRUG ENFORCEMENT ADMINIS7 TRATION.—With funds made available pursuant to sub8 section (b), the Attorney General shall—

9 (1) fund permanent change of station transfers

10 for special agent personnel;

11 (2) establish and maintain an adequate motor

12 vehicle base; and

13 (3) purchase aircraft and replacement parts.

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There

15 are authorized to be appropriated to the Drug Enforce16 ment Administration, to help meet the increased needs of

17 the Drug Enforcement Administration—

18 (1) $22,000,000 for fiscal year 1996, of

19 which—

20 (A) not more than $10,000,000 shall be

21 available to carry out subsection (a)(1);

22 (B) not more than $5,000,000 shall be

23 available to carry out subsection (a)(2); and

24 (C) not more than $5,000,000 shall be

25 available to carry out subsection (a)(3);
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1 (2) $35,000,000 for fiscal year 1997, of

2 which—

3 (A) not more than $20,000,000 shall be

4 available to carry out subsection (a)(1);

5 (B) not more than $5,000,000 shall be

6 available to carry out subsection (a)(2); and

7 (C) not more than $5,000,000 shall be

8 available to carry out subsection (a)(3);

9 (3) $50,000,000 for fiscal year 1998, of

10 which—

11 (A) not more than $20,000,000 shall be

12 available to carry out subsection (a)(1);

13 (B) not more than $10,000,000 shall be

14 available to carry out subsection (a)(2); and

15 (C) not more than $10,000,000 shall be

16 available to carry out subsection (a)(3);

17 (4) $65,000,000 for fiscal year 1999, of

18 which—

19 (A) not more than $20,000,000 shall be

20 available to carry out subsection (a)(1);

21 (B) not more than $10,000,000 shall be

22 available to carry out subsection (a)(2); and

23 (C) not more than $10,000,000 shall be

24 available to carry out subsection (a)(3); and
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1 (5) $78,000,000 for fiscal year 2000, of

2 which—

3 (A) not more than $20,000,000 shall be

4 available to carry out subsection (a)(1);

5 (B) not more than $10,000,000 shall be

6 available to carry out subsection (a)(2); and

7 (C) not more than $10,000,000 shall be

8 available to carry out subsection (a)(3).

9 (c) AVAILABILITY OF FUNDS.—Funds made available

10 pursuant to this section, in any fiscal year, shall remain

11 available until expended.

12 (d) EXCESS FUNDS.—Any funds remaining after the

13 application of subsection (b) may be expended by the Drug

14 Enforcement Administration—

15 (1) to hire new Drug Enforcement Administra16 tion agents;

17 (2) for linguist services; and

18 (3) to acquire technical investigative equipment.

19 SEC. 525. DEPARTMENT OF JUSTICE.

20 (a) IN GENERAL.—Subject to the availability of ap21 propriations, the Attorney General shall hire additional

22 Assistant United States Attorneys.

23 (b) AUTHORIZATION OF ADDITIONAL APPROPRIA24 TIONS.—There are authorized to be appropriated for the

25 activities of the Department of Justice, to hire additional
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1 Assistant United States Attorneys to meet the needs re2 sulting from this Act $20,000,000 for each of the fiscal

3 years 1996, 1997, 1998, 1999, and 2000.

4 SEC. 526. FUNDING SOURCE.

5 Notwithstanding any other provision of law, funding

6 for authorizations provided in this subtitle may be paid

7 for out of the Crime Control Trust Fund.

8 TITLE VI—TERRORIST

9 INTERDICTION

10 SEC. 601. TERRORIST INTERDICTION.

11 (a) AUTOMATED VISA LOOKOUT SYSTEM.—Not later

12 than 6 months after the date of the enactment of this sec13 tion, the Secretary of State shall implement an upgrade

14 of all overseas visa lookout operations to computerized sys15 tems with automated multiple-name search capabilities.

16 (b) NATIONAL CRIME INFORMATION CENTER.—For

17 the purpose of access to the National Crime Information

18 Center and other Federal Bureau of Investigation criminal

19 records, with respect to functions involving the processing

20 of visas and passports and for other immigration-related

21 purposes, the Department of State shall be considered a

22 law enforcement agency.

23 (c) MEMBERSHIP IN A TERRORIST ORGANIZATION AS

24 A BASIS FOR EXCLUSION FROM THE UNITED STATES

25 UNDER THE IMMIGRATION AND NATIONALITY ACT.—Sec-
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1 tion 212(a)(3)(B) of the Immigration and Nationality Act

2 (8 U.S.C. 1182(a)(3)(B)) is amended—

3 (1) by inserting ‘‘or’’ at the end of clause

4 (i)(II);

5 (2) by inserting immediately after clause (i)(II)

6 the following:

7 ‘‘(III) is a member of an organization

8 that engages in terrorist activity or who

9 actively supports or advocates terrorist ac10 tivity,’’; and

11 (3) by adding after clause (iii) the following

12 new clause:

13 ‘‘(iv) TERRORIST ORGANIZATION DE14 FINED.—As used in this Act, the term ‘terrorist

15 organization’ means an organization which com16 mits terrorist activity as determined by the At17 torney General, in consultation with the Sec18 retary of State.’’.

19 (d) PROCESSING OF VISAS FOR ADMISSION INTO THE

20 UNITED STATES.—

21 (1) VISA LOOKOUT SYSTEM CHECK.—

22 (A) Whenever a United States consular of23 ficial issues a visa for admission to the United

24 States, that official shall certify, in writing, that

25 a check of the Automated Visa Lookout Sys-
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1 tem, or any other system or list which main2 tains information about the excludability of

3 aliens under the Immigration and Nationality

4 Act, has been made and that there is no basis

5 under such system for the exclusion of such

6 alien.

7 (B) If a consular official issues a visa to

8 an alien for admission to the United States and

9 the alien was named on the Automated Visa

10 Lookout System as excludable from the United

11 States at the time of the consular officer’s re12 view and issuance of such visa, a notation shall

13 be entered into the personnel file of such con14 sular officer and such information shall be con15 sidered as a serious negative factor in the offi16 cer’s annual performance evaluation.

17 (2) ACCOUNTABILITY REVIEW BOARD.—In any

18 case where a serious loss of life or property in the

19 United States involves the issuance of a visa to an

20 alien listed on the Automated Visa Lookout System,

21 or any other system or list which maintains informa22 tion about the excludability of aliens under the Im23 migration and Nationality Act, the Secretary of

24 State shall convene an Accountability Review Board
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1 under the authority of title III of the Omnibus Dip2 lomatic Security and Antiterrorism Act of 1986.

3 (e) CONGRESSIONAL REPORT.—The Secretary of

4 State shall submit to the Congress a report for each of

5 the fiscal years 1995 and 1996 that details the number

6 and circumstances of each visa denied as a result of the

7 amendment made by subsection (c).

8 TITLE VII—CRIMINAL

9 PROCEDURAL IMPROVEMENTS

10 Subtitle A—Habeas Corpus Reform

11 SEC. 701. FILING DEADLINES.

12 Section 2244 of title 28, United States Code, is

13 amended by adding at the end the following new sub14 section:

15 ‘‘(d)(1) A 1-year period of limitation shall apply to

16 an application for a writ of habeas corpus by a person

17 in custody pursuant to the judgment of a State court. The

18 limitation period shall run from the latest of—

19 ‘‘(A) the date on which the judgment became

20 final by the conclusion of direct review or the expira21 tion of the time for seeking such review;

22 ‘‘(B) the date on which the impediment to filing

23 an application created by State action in violation of

24 the Constitution or laws of the United States is re-
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1 moved, if the applicant was prevented from filing by

2 such State action;

3 ‘‘(C) the date on which the constitutional right

4 asserted was initially recognized by the Supreme

5 Court, if the right has been newly recognized by the

6 Supreme Court and is made retroactively applicable;

7 or

8 ‘‘(D) the date on which the factual predicate of

9 the claim or claims presented could have been dis10 covered through the exercise of due diligence.

11 ‘‘(2) The time during which a properly filed applica12 tion for State post-conviction or other collateral review

13 with respect to the pertinent judgment or claim shall not

14 be counted toward any period of limitation under this sub15 section.’’.

16 SEC. 702. APPEAL.

17 Section 2253 of title 28, United States Code, is

18 amended to read as follows:

19 ‘‘§ 2253. Appeal

20 ‘‘(a) In a habeas corpus proceeding or a proceeding

21 under section 2255 before a district judge, the final order

22 shall be subject to review, on appeal, by the court of ap23 peals for the circuit in which the proceeding is held.

24 ‘‘(b) There shall be no right of appeal from a final

25 order in a proceeding to test the validity of a warrant to
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1 remove to another district or place for commitment or trial

2 a person charged with a criminal offense against the

3 United States, or to test the validity of such person’s de4 tention pending removal proceedings.

5 ‘‘(c)(1) Unless a circuit justice or judge issues a cer6 tificate of appealability, an appeal may not be taken to

7 the court of appeals from—

8 ‘‘(A) the final order in a habeas corpus proceed9 ing in which the detention complained of arises out

10 of process issued by a State court; or

11 ‘‘(B) the final order in a proceeding under sec12 tion 2255.

13 ‘‘(2) A certificate of appealability may issue under

14 paragraph (1) only if the applicant has made a substantial

15 showing of the denial of a constitutional right.

16 ‘‘(3) The certificate of appealability under paragraph

17 (1) shall indicate which specific issue or issues satisfy the

18 showing required by paragraph (2).’’.

19 SEC. 703. AMENDMENT OF FEDERAL RULES OF APPELLATE

20 PROCEDURE.

21 Rule 22 of the Federal Rules of Appellate Procedure

22 is amended to read as follows:

23 ‘‘Rule 22. Habeas corpus and section 2255 pro24 ceedings
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1 ‘‘(a) APPLICATION FOR THE ORIGINAL WRIT.—An

2 application for a writ of habeas corpus shall be made to

3 the appropriate district court. If application is made to

4 a circuit judge, the application shall be transferred to the

5 appropriate district court. If an application is made to or

6 transferred to the district court and denied, renewal of the

7 application before a circuit judge shall not be permitted.

8 The applicant may, pursuant to section 2253 of title 28,

9 United States Code, appeal to the appropriate court of ap10 peals from the order of the district court denying the writ.

11 ‘‘(b) CERTIFICATE OF APPEALABILITY.—In a habeas

12 corpus proceeding in which the detention complained of

13 arises out of process issued by a State court, an appeal

14 by the applicant for the writ may not proceed unless a

15 district or a circuit judge issues a certificate of

16 appealability pursuant to section 2253(c) of title 28,

17 United States Code. If an appeal is taken by the applicant,

18 the district judge who rendered the judgment shall either

19 issue a certificate of appealability or state the reasons why

20 such a certificate should not issue. The certificate or the

21 statement shall be forwarded to the court of appeals with

22 the notice of appeal and the file of the proceedings in the

23 district court. If the district judge has denied the certifi24 cate, the applicant for the writ may then request issuance

25 of the certificate by a circuit judge. If such a request is
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1 addressed to the court of appeals, it shall be deemed ad2 dressed to the judges thereof and shall be considered by

3 a circuit judge or judges as the court deems appropriate.

4 If no express request for a certificate is filed, the notice

5 of appeal shall be deemed to constitute a request ad6 dressed to the judges of the court of appeals. If an appeal

7 is taken by a State or its representative, a certificate of

8 appealability is not required.’’.

9 SEC. 704. SECTION 2254 AMENDMENTS.

10 Section 2254 of title 28, United States Code, is

11 amended—

12 (1) by amending subsection (b) to read as fol13 lows:

14 ‘‘(b)(1) An application for a writ of habeas corpus

15 on behalf of a person in custody pursuant to the judgment

16 of a State court shall not be granted unless it appears

17 that—

18 ‘‘(A) the applicant has exhausted the remedies

19 available in the courts of the State; or

20 ‘‘(B)(i) there is an absence of available State

21 corrective process; or

22 ‘‘(ii) circumstances exist that render such proc23 ess ineffective to protect the rights of the applicant.

24 ‘‘(2) An application for a writ of habeas corpus may

25 be denied on the merits, notwithstanding the failure of the
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1 applicant to exhaust the remedies available in the courts

2 of the State.

3 ‘‘(3) A State shall not be deemed to have waived the

4 exhaustion requirement or be estopped from reliance upon

5 the requirement unless the State, through counsel, ex6 pressly waives the requirement.’’;

7 (2) by redesignating subsections (d), (e), and

8 (f) as subsections (e), (f), and (g), respectively;

9 (3) by inserting after subsection (c) the follow10 ing new subsection:

11 ‘‘(d) An application for a writ of habeas corpus on

12 behalf of a person in custody pursuant to the judgment

13 of a State court shall not be granted with respect to any

14 claim that was adjudicated on the merits in State court

15 proceedings unless the adjudication of the claim—

16 ‘‘(1) resulted in a decision that was contrary to,

17 or involved an unreasonable application of, clearly

18 established Federal law, as determined by the

19 Supreme Court of the United States; or

20 ‘‘(2) resulted in a decision that was based on an

21 unreasonable determination of the facts in light of

22 the evidence presented in the State court proceed23 ing.’’;

24 (4) by amending subsection (e), as redesignated

25 by paragraph (2), to read as follows:
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1 ‘‘(e)(1) In a proceeding instituted by an application

2 for a writ of habeas corpus by a person in custody pursu3 ant to the judgment of a State court, a determination of

4 a factual issue made by a State court shall be presumed

5 to be correct. The applicant shall have the burden of re6 butting the presumption of correctness by clear and con7 vincing evidence.

8 ‘‘(2) If the applicant has failed to develop the factual

9 basis of a claim in State court proceedings, the court shall

10 not hold an evidentiary hearing on the claim unless the

11 applicant shows that—

12 ‘‘(A) the claim relies on—

13 ‘‘(i) a new rule of constitutional law, made

14 retroactive by the Supreme Court, that was pre15 viously unavailable; or

16 ‘‘(ii) a factual predicate that could not

17 have been previously discovered through the ex18 ercise of due diligence; and

19 ‘‘(B) the facts underlying the claim would be

20 sufficient to establish by clear and convincing evi21 dence that but for constitutional error, no reasonable

22 factfinder would have found the applicant guilty of

23 the underlying offense.’’; and

24 (5) by adding at the end the following new sub25 sections:
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1 ‘‘(h) Notwithstanding any other provision of law, in

2 all proceedings brought under this section, and any subse3 quent proceedings on review, appointment of counsel for

4 an applicant who is or becomes financially unable to afford

5 counsel shall be in the discretion of the court, except as

6 provided by a rule promulgated by the Supreme Court

7 pursuant to statutory authority. Appointment of counsel

8 under this section shall be governed by section 3006A of

9 title 18.

10 ‘‘(i) The ineffectiveness or incompetence of counsel

11 during Federal or State collateral post-conviction proceed12 ings shall not be a ground for relief in a proceeding arising

13 under section 2254.’’.

14 SEC. 705. SECTION 2255 AMENDMENTS.

15 Section 2255 of title 28, United States Code, is

16 amended—

17 (1) by striking the second and fifth paragraphs;

18 and

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

20 paragraphs:

21 ‘‘A one-year period of limitation shall apply to a mo22 tion under this section. The limitation period shall run

23 from the latest of—

24 ‘‘(1) the date on which the judgment of convic25 tion becomes final;
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1 ‘‘(2) the date on which the impediment to mak2 ing a motion created by governmental action in vio3 lation of the Constitution or laws of the United

4 States is removed, if the movant was prevented from

5 making a motion by such governmental action;

6 ‘‘(3) the date on which the right asserted was

7 initially recognized by the Supreme Court, if that

8 right has been newly recognized by the Supreme

9 Court and is made retroactively applicable; or

10 ‘‘(4) the date on which the facts supporting the

11 claim or claims presented could have been discovered

12 through the exercise of due diligence.

13 ‘‘In all proceedings brought under this section, and

14 any subsequent proceedings on review, appointment of

15 counsel for a movant who is or becomes financially unable

16 to afford counsel shall be in the discretion of the court,

17 except as provided by a rule promulgated by the Supreme

18 Court pursuant to statutory authority. Appointment of

19 counsel under this section shall be governed by section

20 3006A of title 18.

21 ‘‘A second or successive motion must be certified as

22 provided in section 2244 by a panel of the appropriate

23 court of appeals to contain—

24 ‘‘(1) newly discovered evidence that, if proven

25 and viewed in light of the evidence as a whole, would
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1 be sufficient to establish by clear and convincing evi2 dence that no reasonable factfinder would have

3 found the movant guilty of the offense; or

4 ‘‘(2) a new rule of constitutional law, made ret5 roactive by the Supreme Court, that was previously

6 unavailable.’’.

7 SEC. 706. LIMITS ON SECOND OR SUCCESSIVE APPLICA8 TIONS.

9 (a) CONFORMING AMENDMENT TO SECTION

10 2244(a).—Section 2244(a) of title 28, United States

11 Code, is amended by striking ‘‘and the petition’’ and all

12 that follows through ‘‘by such inquiry.’’ and inserting ‘‘,

13 except as provided in section 2255.’’.

14 (b) LIMITS ON SECOND OR SUCCESSIVE APPLICA15 TIONS.—Section 2244(b) of title 28, United States Code,

16 is amended to read as follows:

17 ‘‘(b)(1) A claim presented in a second or successive

18 habeas corpus application under section 2254 that was

19 presented in a prior application shall be dismissed.

20 ‘‘(2) A claim presented in a second or successive ha21 beas corpus application under section 2254 that was not

22 presented in a prior application shall be dismissed un23 less—

24 ‘‘(A) the applicant shows that the claim relies

25 on a new rule of constitutional law, made retroactive
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1 by the Supreme Court, that was previously unavail2 able; or

3 ‘‘(B)(i) the factual predicate for the claim could

4 not have been discovered previously through the ex5 ercise of due diligence; and

6 ‘‘(ii) the facts underlying the claim, if proven

7 and viewed in light of the evidence as a whole, would

8 be sufficient to establish by clear and convincing evi9 dence that, but for constitutional error, no reason10 able factfinder would have found the applicant guilty

11 of the underlying offense.

12 ‘‘(3)(A) Before a second or successive application per13 mitted by this section is filed in the district court, the ap14 plicant shall move in the appropriate court of appeals for

15 an order authorizing the district court to consider the ap16 plication.

17 ‘‘(B) A motion in the court of appeals for an order

18 authorizing the district court to consider a second or suc19 cessive application shall be determined by a three-judge

20 panel of the court of appeals.

21 ‘‘(C) The court of appeals may authorize the filing

22 of a second or successive application only if it determines

23 that the application makes a prima facie showing that the

24 application satisfies the requirements of this subsection.
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1 ‘‘(D) The court of appeals shall grant or deny the

2 authorization to file a second or successive application not

3 later than 30 days after the filing of the motion.

4 ‘‘(E) The grant or denial of an authorization by a

5 court of appeals to file a second or success application

6 shall not be appealable and shall not be the subject of a

7 petition for rehearing or for a writ of certiorari.

8 ‘‘(4) A district court shall dismiss any claim pre9 sented in a second or successive application that the court

10 of appeals has authorized to be filed unless the applicant

11 shows that the claim satisfies the requirements of this sec12 tion.’’.

13 SEC. 707. DEATH PENALTY LITIGATION PROCEDURES.

14 (a) ADDITION OF CHAPTER TO TITLE 28, UNITED

15 STATES CODE.—Title 28, United States Code, is amended

16 by inserting after chapter 153 the following new chapter:

17 ‘‘CHAPTER 154—SPECIAL HABEAS CORPUS

18 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; second or abusive 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.
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1 ‘‘§ 2261. Prisoners in State custody subject to capital

2 sentence; appointment of counsel; re3 quirement of rule of court or statute; pro4 cedures for appointment

5 ‘‘(a) This chapter shall apply to cases arising under

6 section 2254 brought by prisoners in State custody who

7 are subject to a capital sentence. It shall apply only if the

8 provisions of subsections (b) and (c) are satisfied.

9 ‘‘(b) This chapter is applicable if a State establishes

10 by statute, rule of its court of last resort, or by another

11 agency authorized by State law, a mechanism for the ap12 pointment, compensation, and payment of reasonable liti13 gation expenses of competent counsel in State post-convic14 tion proceedings brought by indigent prisoners whose cap15 ital convictions and sentences have been upheld on direct

16 appeal to the court of last resort in the State or have oth17 erwise become final for State law purposes. The rule of

18 court or statute must provide standards of competency for

19 the appointment of such counsel.

20 ‘‘(c) Any mechanism for the appointment, compensa21 tion, and reimbursement of counsel as provided in sub22 section (b) must offer counsel to all State prisoners under

23 capital sentence and must provide for the entry of an

24 order by a court of record—

25 ‘‘(1) appointing one or more counsel to rep26 resent the prisoner upon a finding that the prisoner
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1 is indigent and accepted the offer or is unable com2 petently to decide whether to accept or reject the

3 offer;

4 ‘‘(2) finding, after a hearing if necessary, that

5 the prisoner rejected the offer of counsel and made

6 the decision with an understanding of its legal con7 sequences; or

8 ‘‘(3) denying the appointment of counsel upon

9 a finding that the prisoner is not indigent.

10 ‘‘(d) No counsel appointed pursuant to subsections

11 (b) and (c) to represent a State prisoner under capital

12 sentence shall have previously represented the prisoner at

13 trial or on direct appeal in the case for which the appoint14 ment is made unless the prisoner and counsel expressly

15 request continued representation.

16 ‘‘(e) The ineffectiveness or incompetence of counsel

17 during State or Federal post-conviction proceedings in a

18 capital case shall not be a ground for relief in a proceeding

19 arising under section 2254. This limitation shall not pre20 clude the appointment of different counsel, on the court’s

21 own motion or at the request of the prisoner, at any phase

22 of State or Federal post-conviction proceedings on the

23 basis of the ineffectiveness or incompetence of counsel in

24 such proceedings.
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1 ‘‘§ 2262. Mandatory stay of execution; duration; limits

2 on stays of execution; successive peti3 tions

4 ‘‘(a) Upon the entry in the appropriate State court

5 of record of an order under section 2261(c), a warrant

6 or order setting an execution date for a State prisoner

7 shall be stayed upon application to any court that would

8 have jurisdiction over any proceedings filed under section

9 2254. The application shall recite that the State has in10 voked the post-conviction review procedures of this chapter

11 and that the scheduled execution is subject to stay.

12 ‘‘(b) A stay of execution granted pursuant to sub13 section (a) shall expire if—

14 ‘‘(1) a State prisoner fails to file a habeas cor15 pus application under section 2254 within the time

16 required in section 2263;

17 ‘‘(2) before a court of competent jurisdiction, in

18 the presence of counsel, unless the prisoner has com19 petently and knowingly waived such counsel, and

20 after having been advised of the consequences, a

21 State prisoner under capital sentence waives the

22 right to pursue habeas corpus review under section

23 2254; or

24 ‘‘(3) a State prisoner files a habeas corpus peti25 tion under section 2254 within the time required by

26 section 2263 and fails to make a substantial showing
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1 of the denial of a Federal right or is denied relief

2 in the district court or at any subsequent stage of

3 review.

4 ‘‘(c) If one of the conditions in subsection (b) has

5 occurred, no Federal court thereafter shall have the au6 thority to enter a stay of execution in the case, unless the

7 court of appeals approves the filing of a second or succes8 sive application under section 2244(b).

9 ‘‘§ 2263. Filing of habeas corpus application; time re10 quirements; tolling rules

11 ‘‘(a) Any application under this chapter for habeas

12 corpus relief under section 2254 must be filed in the ap13 propriate district court not later than 180 days after final

14 State court affirmance of the conviction and sentence on

15 direct review or the expiration of the time for seeking such

16 review.

17 ‘‘(b) The time requirements established by subsection

18 (a) shall be tolled—

19 ‘‘(1) from the date that a petition for certiorari

20 is filed in the Supreme Court until the date of final

21 disposition of the petition if a State prisoner files

22 the petition to secure review by the Supreme Court

23 of the affirmance of a capital sentence on direct re24 view by the court of last resort of the State or other

25 final State court decision on direct review;
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1 ‘‘(2) from the date on which the first petition

2 for post-conviction review or other collateral relief is

3 filed until the final State court disposition of such

4 petition; and

5 ‘‘(3) during an additional period not to exceed

6 30 days, if—

7 ‘‘(A) a motion for an extension of time is

8 filed in the Federal district court that would

9 have jurisdiction over the case upon the filing

10 of a habeas corpus application under section

11 2254; and

12 ‘‘(B) a showing of good cause is made for

13 the failure to file the habeas corpus application

14 within the time period established by this sec15 tion.

16 ‘‘§ 2264. Scope of Federal review; district court adju17 dications

18 ‘‘(a) Whenever a State prisoner under capital sen19 tence files a petition for habeas corpus relief to which this

20 chapter applies, the district court shall only consider a

21 claim or claims that have been raised and decided on the

22 merits in the State courts, unless the failure to raise the

23 claim properly is—

24 ‘‘(1) the result of State action in violation of

25 the Constitution or laws of the United States;
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1 ‘‘(2) the result of the Supreme Court recogni2 tion of a new Federal right that is made retro3 actively applicable; or

4 ‘‘(3) based on a factual predicate that could not

5 have been discovered through the exercise of due

6 diligence in time to present the claim for State or

7 Federal post-conviction review.

8 ‘‘(b) Following review subject to subsections (a), (d),

9 and (e) of section 2254, the court shall rule on the claims

10 properly before it.

11 ‘‘§ 2265. Application to State unitary review proce12 dure

13 ‘‘(a) For purposes of this section, a ‘unitary review’

14 procedure means a State procedure that authorizes a per15 son under sentence of death to raise, in the course of di16 rect review of the judgment, such claims as could be raised

17 on collateral attack. This chapter shall apply, as provided

18 in this section, in relation to a State unitary review proce19 dure if the State establishes by rule of its court of last

20 resort or by statute a mechanism for the appointment,

21 compensation, and payment of reasonable litigation ex22 penses of competent counsel in the unitary review proceed23 ings, including expenses relating to the litigation of collat24 eral claims in the proceedings. The rule of court or statute
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1 must provide standards of competency for the appoint2 ment of such counsel.

3 ‘‘(b) To qualify under this section, a unitary review

4 procedure must include an offer of counsel following trial

5 for the purpose of representation on unitary review, and

6 entry of an order, as provided in section 2261(c), concern7 ing appointment of counsel or waiver or denial of appoint8 ment of counsel for that purpose. No counsel appointed

9 to represent the prisoner in the unitary review proceedings

10 shall have previously represented the prisoner at trial in

11 the case for which the appointment is made unless the

12 prisoner and counsel expressly request continued represen13 tation.

14 ‘‘(c) Sections 2262, 2263, 2264, and 2266 shall apply

15 in relation to cases involving a sentence of death from any

16 State having a unitary review procedure that qualifies

17 under this section. References to State ‘post-conviction re18 view’ and ‘direct review’ in such sections shall be under19 stood as referring to unitary review under the State proce20 dure. The reference in section 2262(a) to ‘an order under

21 section 2261(c)’ shall be understood as referring to the

22 post-trial order under subsection (b) concerning represen23 tation in the unitary review proceedings, but if a tran24 script of the trial proceedings is unavailable at the time

25 of the filing of such an order in the appropriate State
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1 court, then the start of the 180-day limitation period

2 under section 2263 shall be deferred until a transcript is

3 made available to the prisoner or counsel of the prisoner.

4 ‘‘§ 2266. Limitation periods for determining applica5 tions and motions

6 ‘‘(a) The adjudication of any application under sec7 tion 2254 that is subject to this chapter, and the adjudica8 tion of any motion under section 2255 by a person under

9 sentence of death, shall be given priority by the district

10 court and by the court of appeals over all noncapital mat11 ters.

12 ‘‘(b)(1)(A) A district court shall render a final deter13 mination and enter a final judgment on any application

14 for a writ of habeas corpus brought under this chapter

15 in a capital case not later than 180 days after the date

16 on which the application is filed.

17 ‘‘(B) A district court shall afford the parties at least

18 120 days in which to complete all actions, including the

19 preparation of all pleadings and briefs, and if necessary,

20 a hearing, prior to the submission of the case for decision.

21 ‘‘(C)(i) A district court may delay for not more than

22 one additional 30-day period beyond the period specified

23 in subparagraph (A), the rendering of a determination of

24 an application for a writ of habeas corpus if the court is25 sues a written order making a finding, and stating the
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1 reasons for the finding, that the ends of justice that would

2 be served by allowing the delay outweigh the best interests

3 of the public and the applicant in a speedy disposition of

4 the application.

5 ‘‘(ii) The factors, among others, that a court shall

6 consider in determining whether a delay in the disposition

7 of an application is warranted are as follows:

8 ‘‘(I) Whether the failure to allow the delay

9 would be likely to result in a miscarriage of justice.

10 ‘‘(II) Whether the case is so unusual or so com11 plex, due to the number of defendants, the nature of

12 the prosecution, or the existence of novel questions

13 of fact or law, that it is unreasonable to expect ade14 quate briefing within the time limitations established

15 by subparagraph (A).

16 ‘‘(III) Whether the failure to allow a delay in

17 a case, that, taken as a whole, is not so unusual or

18 so complex as described in subclause (II), but would

19 otherwise deny the applicant reasonable time to ob20 tain counsel, would unreasonably deny the applicant

21 or the government continuity of counsel, or would

22 deny counsel for the applicant or the government the

23 reasonable time necessary for effective preparation,

24 taking into account the exercise of due diligence.
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1 ‘‘(iii) No delay in disposition shall be permissible be2 cause of general congestion of the court’s calendar.

3 ‘‘(iv) The court shall transmit a copy of any order

4 issued under clause (i) to the Director of the Administra5 tive Office of the United States Courts for inclusion in

6 the report under paragraph (5).

7 ‘‘(2) The time limitations under paragraph (1) shall

8 apply to—

9 ‘‘(A) an initial application for a writ of habeas

10 corpus;

11 ‘‘(B) any second or successive application for a

12 writ of habeas corpus; and

13 ‘‘(C) any redetermination of an application for

14 a writ of habeas corpus following a remand by the

15 court of appeals or the Supreme Court for further

16 proceedings, in which case the limitation period shall

17 run from the date the remand is ordered.

18 ‘‘(3)(A) The time limitations under this section shall

19 not be construed to entitle an applicant to a stay of execu20 tion, to which the applicant would otherwise not be enti21 tled, for the purpose of litigating any application or ap22 peal.

23 ‘‘(B) No amendment to an application for a writ of

24 habeas corpus under this chapter shall be permitted after
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1 the filing of the answer to the application, except on the

2 grounds specified in section 2244(b).

3 ‘‘(4)(A) The failure of a court to meet or comply with

4 a time limitation under this section shall not be a ground

5 for granting relief from a judgment of conviction or sen6 tence.

7 ‘‘(B) The State may enforce a time limitation under

8 this section by petitioning for a writ of mandamus to the

9 court of appeals. The court of appeals shall act on the

10 petition for a writ or mandamus not later than 30 days

11 after the filing of the petition.

12 ‘‘(5)(A) The Administrative Office of United States

13 Courts shall submit to Congress an annual report on the

14 compliance by the district courts with the time limitations

15 under this section.

16 ‘‘(B) The report described in subparagraph (A) shall

17 include copies of the orders submitted by the district

18 courts under paragraph (1)(B)(iv).

19 ‘‘(c)(1)(A) A court of appeals shall hear and render

20 a final determination of any appeal of an order granting

21 or denying, in whole or in part, an application brought

22 under this chapter in a capital case not later than 120

23 days after the date on which the reply brief is filed, or

24 if no reply brief is filed, not later than 120 days after

25 the date on which the answering brief is filed.
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1 ‘‘(B)(i) A court of appeals shall decide whether to

2 grant a petition for rehearing or other request for rehear3 ing en banc not later than 30 days after the date on which

4 the petition for rehearing is filed unless a responsive

5 pleading is required, in which case the court shall decide

6 whether to grant the petition not later than 30 days after

7 the date on which the responsive pleading is filed.

8 ‘‘(ii) If a petition for rehearing or rehearing en banc

9 is granted, the court of appeals shall hear and render a

10 final determination of the appeal not later than 120 days

11 after the date on which the order granting rehearing or

12 rehearing en banc is entered.

13 ‘‘(2) The time limitations under paragraph (1) shall

14 apply to—

15 ‘‘(A) an initial application for a writ of habeas

16 corpus;

17 ‘‘(B) any second or successive application for a

18 writ of habeas corpus; and

19 ‘‘(C) any redetermination of an application for

20 a writ of habeas corpus or related appeal following

21 a remand by the court of appeals en banc or the Su22 preme Court for further proceedings, in which case

23 the limitation period shall run from the date the re24 mand is ordered.
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1 ‘‘(3) The time limitations under this section shall not

2 be construed to entitle an applicant to a stay of execution,

3 to which the applicant would otherwise not be entitled, for

4 the purpose of litigating any application or appeal.

5 ‘‘(4)(A) The failure of a court to meet or comply with

6 a time limitation under this section shall not be a ground

7 for granting relief from a judgment of conviction or sen8 tence.

9 ‘‘(B) The State may enforce a time limitation under

10 this section by applying for a writ of mandamus to the

11 Supreme Court.

12 ‘‘(5) The Administrative Office of United States

13 Courts shall submit to Congress an annual report on the

14 compliance by the courts of appeals with the time limita15 tions under this section.’’.

16 (b) TECHNICAL AMENDMENT.—The part analysis for

17 part IV of title 28, United States Code, is amended by

18 adding after the item relating to chapter 153 the following

19 new item:

‘‘154. Special habeas corpus procedures in capital

cases ............................................................................ 2261.’’.

20 SEC. 708. TECHNICAL AMENDMENT.

21 Section 408(q) of the Controlled Substances Act (21

22 U.S.C. 848(q)) is amended—

23 (1) in paragraph (4)(A), by striking ‘‘shall’’ and

24 inserting ‘‘may’’;
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1 (2) in paragraph (4)(B), by striking ‘‘shall’’

2 and inserting ‘‘may’’; and

3 (3) by amending paragraph (9) to read as fol4 lows:

5 ‘‘(9) Upon a finding that investigative, expert, or

6 other services are reasonably necessary for the representa7 tion of the defendant, whether in connection with issues

8 relating to guilt or the sentence, the court may authorize

9 the defendant’s attorneys to obtain such services on behalf

10 of the defendant and, if so authorized, shall order the pay11 ment of fees and expenses therefor under paragraph (10).

12 No ex parte proceeding, communication, or request may

13 be considered pursuant to this section unless a proper

14 showing is made concerning the need for confidentiality.

15 Any such proceeding, communication, or request shall be

16 transcribed and made a part of the record available for

17 appellate review.’’.

18 Subtitle B—Criminal Procedural

19 Improvements

20 SEC. 721. CLARIFICATION AND EXTENSION OF CRIMINAL

21 JURISDICTION OVER CERTAIN TERRORISM

22 OFFENSES OVERSEAS.

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

24 is amended—
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1 (1) in paragraph (1), by striking ‘‘and later

2 found in the United States’’;

3 (2) by amending paragraph (2) to read as fol4 lows:

5 ‘‘(2) The courts of the United States have juris6 diction over the offense in paragraph (1) if—

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

8 aboard the aircraft;

9 ‘‘(B) an offender is a national of the Unit10 ed States; or

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

12 United States.’’; and

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

14 paragraph:

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

16 ‘national of the United States’ has the meaning

17 given such term in section 101(a)(22) of the Immi18 gration and Nationality Act (8 U.S.C.

19 1101(a)(22)).’’.

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

21 amended—

22 (1) by striking ‘‘(b) Whoever’’ and inserting

23 ‘‘(b)(1) Whoever’’;

24 (2) by redesignating paragraphs (1) through

25 (4) as subparagraphs (A) through (D);
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1 (3) by striking ‘‘, if the offender is later found

2 in the United States,’’; and

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

4 paragraphs:

5 ‘‘(2) The courts of the United States have jurisdiction

6 over an offense described in this subsection if—

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

8 board, or would have been on board, the aircraft;

9 ‘‘(B) an offender is a national of the United

10 States; or

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

12 United States.

13 ‘‘(3) For purposes of this subsection, the term ‘na14 tional of the United States’ has the meaning given such

15 term in section 101(a)(22) of the Immigration and Na16 tionality Act (8 U.S.C. 1101(a)(22)).’’.

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

18 amended—

19 (1) in subsection (b), by adding at the end the

20 following new paragraph:

21 ‘‘(7) ‘National of the United States’ has the

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

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

24 1101(a)(22)).’’; and
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1 (2) in subsection (c), by striking the first sen2 tence and inserting the following: ‘‘If the victim of

3 an offense under subsection (a) is an internationally

4 protected person outside the United States, the

5 United States may exercise jurisdiction over the of6 fense if (1) the victim is a representative, officer,

7 employee, or agent of the United States, (2) an of8 fender is a national of the United States, or (3) an

9 offender is afterwards found in the United States.’’.

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

11 amended—

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

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

14 (2) in subsection (e), by striking the first sen15 tence and inserting the following: ‘‘If the victim of

16 an offense under subsection (a) is an internationally

17 protected person outside the United States, the

18 United States may exercise jurisdiction over the of19 fense if (1) the victim is a representative, officer,

20 employee, or agent of the United States, (2) an of21 fender is a national of the United States, or (3) an

22 offender is afterwards found in the United States.’’.

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

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

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

3 (2) in subsection (d), by striking the first sen4 tence and inserting the following: ‘‘If the victim of

5 an offense under subsection (a) is an internationally

6 protected person outside the United States, the

7 United States may exercise jurisdiction over the of8 fense if (1) the victim is a representative, officer,

9 employee, or agent of the United States, (2) an of10 fender is a national of the United States, or (3) an

11 offender is afterwards found in the United States.’’.

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

13 is amended—

14 (1) by striking the first sentence and inserting

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

17 outside the United States, the United States may

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

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

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

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

22 found in the United States.’’; and

23 (2) by adding at the end the following: ‘‘For

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

25 United States’ has the meaning given such term in
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1 section 101(a)(22) of the Immigration and National2 ity Act (8 U.S.C. 1101(a)(22).’’.

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

4 is amended to read as follows:

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

6 the United States, and—

7 ‘‘(A) the offender is later found in the

8 United States; or

9 ‘‘(B) an offender or a victim is a national

10 of the United States (as defined in section

11 101(a)(22) of the Immigration and Nationality

12 Act (8 U.S.C. 1101(a)(22))).’’.

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

14 amended—

15 (1) by striking the ‘‘and’’ at the end of para16 graph (3);

17 (2) by striking the period at the end of para18 graph (4) and inserting ‘‘; and’’; and

19 (3) by adding at the end the following new

20 paragraph:

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

22 has the meaning given such term in section

23 101(a)(22) of the Immigration and Nationality Act

24 (8 U.S.C. 1101(a)(22)).’’.
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1 SEC. 722. EXTENSION OF TERRITORIAL SEA.

2 (a) TERRITORIAL SEA EXTENDING TO TWELVE

3 MILES INCLUDED IN SPECIAL MARITIME AND TERRI4 TORIAL JURISDICTION.—The Congress declares that all

5 the territorial sea of the United States, as defined by Pres6 idential Proclamation 5928 of December 27, 1988, is part

7 of the United States, subject to its sovereignty, and, for

8 purposes of Federal criminal jurisdiction, is within the

9 special maritime and territorial jurisdiction of the United

10 States wherever that term is used in title 18, United

11 States Code.

12 (b) ASSIMILATED CRIMES IN EXTENDED TERRI13 TORIAL SEA.—Section 13 of title 18, United States Code

14 (relating to the adoption of State laws for areas within

15 Federal jurisdiction), is amended—

16 (1) in subsection (a), by inserting after ‘‘title,’’

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

18 the territorial sea of the United States not within

19 the territory of any State, Territory, Possession, or

20 District’’; and

21 (2) by adding at the end the following new sub22 section:

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

24 United States lie outside the territory of any State, Terri25 tory, Possession, or District, such waters (including the

26 airspace above and the seabed and subsoil below, and arti-
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1 ficial islands and fixed structures erected thereon) shall

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

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

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

5 Possession, or District were extended seaward to the outer

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

7 SEC. 723. JURISDICTION OF UNITED STATES COURTS OVER

8 ACTS OF INTERNATIONAL TERRORISM.

9 (a) INAPPLICABILITY OF FOREIGN SOVEREIGN IM10 MUNITY IN CASES INVOLVING ACTS OF INTERNATIONAL

11 TERRORISM.—

12 (1) DEFINITION.—Section 1603 of title 28,

13 United States Code, is amended by adding at the

14 end the following new subsection:

15 ‘‘(f) The term ‘act of international terrorism’

16 means an act—

17 ‘‘(1) that is violent or dangerous to human

18 life and that is a violation of the criminal laws

19 of the United States or of any State or that

20 would be a criminal violation if committed with21 in the jurisdiction of the United States or any

22 State; and

23 ‘‘(2) that appears to be intended—

24 ‘‘(A) to intimidate or coerce a civilian

25 population;
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1 ‘‘(B) to influence the policy of a gov2 ernment by intimidation or coercion; or

3 ‘‘(C) to affect the conduct of a gov4 ernment by assassination or kidnapping.

5 ‘‘(g) The term ‘permanent resident alien’ means

6 an alien who has been lawfully admitted to the Unit7 ed States for permanent residence.’’.

8 (2) ADDITIONAL EXCEPTION TO FOREIGN

9 STATE IMMUNITY.—Section 1605(a) of title 28,

10 United States Code, is amended—

11 (A) by striking ‘‘or’’ at the end of para12 graph (5);

13 (B) by striking the period at the end of

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

15 (C) by adding at the end the following new

16 paragraph:

17 ‘‘(7) in which the action is based upon an act

18 of international terrorism—

19 ‘‘(A) within the United States; or

20 ‘‘(B) outside the United States if money

21 damages are sought against a foreign state for

22 personal injury or death to a United States citi23 zen or permanent resident alien,

24 which act occurred not more than 6 years previously

25 and which was committed or aided or abetted by a
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1 foreign state that was designated by the Secretary of

2 State as a state repeatedly providing support for

3 acts of international terrorism under section 40(d)

4 of the Arms Export Control Act.’’.

5 (3) PROPERTY SUBJECT TO EXECUTION UPON A

6 JUDGMENT.—Section 1610(a) of title 28, United

7 States Code, is amended—

8 (A) by striking ‘‘or’’ at the end of para9 graph (5);

10 (B) by striking the period at the end of

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

12 (C) by adding at the end the following new

13 paragraph:

14 ‘‘(7) the execution relates to a judgment en15 tered in a case based upon an act of international

16 terrorism—

17 ‘‘(A) within the United States; or

18 ‘‘(B) outside the United States if money

19 damages are sought against a foreign state for

20 personal injury or death to a United States citi21 zen or permanent resident alien,

22 which act occurred not more than 6 years previously

23 and which was committed or aided or abetted by a

24 foreign state that was designated by the Secretary of

25 State as a state repeatedly providing support for
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1 acts of international terrorism under section 40(d)

2 of the Arms Export Control Act.’’.

3 (4) ATTACHMENT OF PROPERTY PRIOR TO

4 ENTRY OF JUDGMENT.—Section 1610(d) of title 28,

5 United States Code, is amended—

6 (A) by redesignating paragraph (1) as

7 paragraph (1)(A);

8 (B) by striking ‘‘and’’ at the end of para9 graph (1)(A) and inserting ‘‘or’’; and

10 (C) by inserting after paragraph (1)(A) the

11 following:

12 ‘‘(B) the foreign state is not immune from ju13 risdiction by virtue of the operation of section

14 1605(a)(7); and’’.

15 (b) EXCEPTION TO FOREIGN SOVEREIGN IMMUNITY

16 FOR CERTAIN CASES INVOLVING TORTURE,

17 EXTRAJUDICIAL KILLING, AIRCRAFT SABOTAGE, HOS18 TAGE TAKING, OR GENOCIDE IN A FOREIGN STATE.—Sec19 tion 1605 of title 28, United States Code (as amended

20 by section 206, and subsection (a) of this section), is

21 amended—

22 (1) in subsection (a)—

23 (A) by striking ‘‘or’’ at the end of para24 graph (6);
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1 (B) by striking the period at the end of

2 paragraph (7) and inserting ‘‘; or’’; and

3 (C) by adding at the end the following new

4 paragraph:

5 ‘‘(8) not otherwise encompassed in paragraph

6 (2), in which money damages are sought against a

7 foreign state for personal injury or death of a Unit8 ed States citizen and caused by the torture or

9 extrajudicial killing of that citizen, or by an act of

10 aircraft sabotage, hostage taking, or genocide com11 mitted against that citizen, by such foreign state or

12 by any official, employee, or agent of such foreign

13 state while acting within the scope of his or her of14 fice, employment, or agency, except that—

15 ‘‘(A) an action under this paragraph shall

16 not be maintained unless the individual whose

17 injury or death gave rise to the action was a

18 United States citizen at the time the conduct

19 causing such injury or death occurred;

20 ‘‘(B) the court shall decline to hear a claim

21 under this paragraph if the claimant has not

22 exhausted adequate and available remedies in

23 the place in which the conduct giving rise to the

24 claim occurred and has not afforded the foreign

25 state an opportunity to arbitrate the claim be-
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1 fore an international tribunal in accordance

2 with international standards; and

3 ‘‘(C) an action under this paragraph shall

4 not be maintained unless—

5 ‘‘(i) the action is brought within 10

6 years after the cause of action accrues; or

7 ‘‘(ii) the cause of action is based on

8 an act of genocide occurring more than 10

9 years before the date of the enactment of

10 this paragraph and the action is brought

11 within 18 months after such date.’’; and

12 (2) by adding at the end the following new sub13 section:

14 ‘‘(f) For purposes of paragraph (8)—

15 ‘‘(1) the terms ‘torture’ and ‘extrajudicial kill16 ing’ have the meanings given those terms in section

17 3 of the Torture Victim Protection Act of 1991;

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

19 given such term in Article 1 of the International

20 Convention Against the Taking of Hostages;

21 ‘‘(3) the term ‘aircraft sabotage’ has the mean22 ing given such term in Article 1 of the Convention

23 for the Suppression of Unlawful Acts Against the

24 Safety of Civil Aviation; and
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1 ‘‘(4) the term ‘act of genocide’ means conduct

2 that would be a violation of section 1091 of title 18,

3 United States Code, if committed in the United

4 States.’’.

5 (c) EXCEPTION TO IMMUNITY FROM ATTACH6 MENT.—

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

8 28, United States Code, is amended—

9 (A) by striking ‘‘or’’ at the end of para10 graph (6);

11 (B) by striking the period at the end of

12 paragraph (7) and inserting ‘‘, or’’; and

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

14 paragraph:

15 ‘‘(8) the judgment relates to a claim for which

16 the foreign state is not immune under of section

17 1605(a)(8), regardless of whether the property is or

18 was involved in the act upon which the claim is

19 based.’’.

20 (2) AGENCY OR INSTRUMENTALITY.—Section

21 1610(b)(2) of such title is amended—

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

23 ‘‘(5), or (7)’’; and

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

25 inserting ‘‘involved in the act’’.
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1 (c) APPLICABILITY.—The amendments made by this

2 section shall apply to any cause of action arising before,

3 on, or after the date of the enactment of this Act.

4 SEC. 724. ADDITION OF FOREIGN MURDER AS A MONEY

5 LAUNDERING PREDICATE.

6 Section 1956(c)(7)(D) of title 18, United States

7 Code, is amended by inserting ‘‘section 2115 (relating to

8 postal burglary),’’ before ‘‘or section 2319’’.

9 SEC. 725. EXPANSION OF WEAPONS OF MASS DESTRUCTION

10 STATUTE.

11 (a) IN GENERAL.—Section 2332a of title 18, United

12 States Code, is amended—

13 (1) in subsection (a), by inserting ‘‘threatens,’’

14 before ‘‘attempts’’;

15 (2) by redesignating subsection (b) as sub16 section (c);

17 (3) by adding immediately after subsection (a)

18 the following new subsection:

19 ‘‘(b) USE OUTSIDE UNITED STATES.—Any national

20 of the United States who outside of the United States

21 uses, threatens, attempts, or conspires to use, a weapon

22 of mass destruction, shall be imprisoned for any term of

23 years or for life, and if death results, shall be punished

24 by death or imprisonment for any term of years or for

25 life.’’; and
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1 (4) by amending subsection (c)(2)(B), as redes2 ignated by paragraph (3), by striking ‘‘poison gas’’

3 and inserting ‘‘any poisonous chemical agent or sub4 stance, regardless of form or delivery system, de5 signed for or capable of causing widespread death or

6 injury;’’.

7 (b) DEFINITION OF DESTRUCTIVE DEVICE.—Section

8 921(a)(4)(A) of title 18, United States Code, is amended

9 by striking ‘‘poison gas’’ and inserting ‘‘poisonous chemi10 cal agent or substance’’.

11 (c) CONFORMING AMENDMENT.—Section 5845(f)(1)

12 of the Internal Revenue Code of 1986 is amended by strik13 ing ‘‘poison gas’’ and inserting ‘‘poisonous chemical agent

14 or substance’’.

15 SEC. 726. ADDITION OF TERRORIST OFFENSES TO THE

16 RICO STATUTE.

17 (a) Section 1961(1)(B) of title 18, United States

18 Code, is amended—

19 (1) by inserting after ‘‘Section’’ the following:

20 ‘‘32 (relating to the destruction of aircraft), section

21 37 (relating to violence at international airports),

22 section 115 (relating to influencing, impeding, or re23 taliating against a Federal official by threatening or

24 injuring a family member), section’’;
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1 (2) by inserting after ‘‘section 224 (relating to

2 sports bribery),’’ the following: ‘‘section 351 (relat3 ing to Congressional or Cabinet officer assassina4 tion),’’;

5 (3) by inserting after ‘‘section 664 (relating to

6 embezzlement from pension and welfare funds),’’ the

7 following: ‘‘section 831 (relating to prohibited trans8 actions involving nuclear materials), section 844 (f)

9 or (i) (relating to destruction by explosives or fire of

10 government property or property affecting interstate

11 or foreign commerce),’’;

12 (4) by inserting after ‘‘sections 891–894 (relat13 ing to extortionate credit transactions),’’ the follow14 ing: ‘‘section 956 (relating to conspiracy to kill, kid15 nap, maim, or injure certain property in a foreign

16 country),’’;

17 (5) by inserting after ‘‘section 1084 (relating to

18 the transmission of gambling information),’’ the fol19 lowing: ‘‘section 1111 (relating to murder), section

20 1114 (relating to murder of United States law en21 forcement officials), section 1116 (relating to mur22 der of foreign officials, official guests, or internation23 ally protected persons), section 1203 (relating to

24 hostage taking),’’;
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1 (6) by inserting after ‘‘section 1344 (relating to

2 financial institution fraud),’’ the following: ‘‘section

3 1361 (relating to willful injury of government prop4 erty within the special maritime and territorial juris5 diction),’’;

6 (7) by inserting after ‘‘section 1513 (relating to

7 retaliating against a witness, victim, or an inform8 ant),’’ the following: ‘‘section 1751 (relating to Pres9 idential assassination),’’;

10 (8) by inserting after ‘‘section 1958 (relating to

11 use of interstate commerce facilities in the commis12 sion of murder-for-hire),’’ the following: ‘‘section

13 2280 (relating to violence against maritime naviga14 tion), section 2281 (relating to violence against mar15 itime fixed platforms),’’; and

16 (9) by inserting after ‘‘2321 (relating to traf17 ficking in certain motor vehicles or motor vehicle

18 parts),’’ the following: ‘‘section 2332 (relating to ter19 rorist acts abroad against United States nationals),

20 section 2332a (relating to use of weapons of mass

21 destruction), section 2332b (relating to acts of ter22 rorism transcending national boundaries), section

23 2339A (relating to providing material support to ter24 rorists),’’.
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1 (b) Section 1961(1) of title 18, United States Code,

2 is amended—

3 (1) by striking ‘‘or’’ before ‘‘(E)’’; and

4 (2) by inserting at the semicolon at the end the

5 following: ‘‘, or (F) section 46502 of title 49, United

6 States Code’’.

7 SEC. 727. ADDITION OF TERRORISM OFFENSES TO THE

8 MONEY LAUNDERING STATUTE.

9 (a) Section 1956(c)(7)(B)(ii) of title 18, United

10 States Code, is amended to read as follows:

11 ‘‘(ii) murder, kidnapping, robbery, extor12 tion, or destruction of property by means of ex13 plosive or fire;’’.

14 (b) Section 1956(c)(7)(D) of title 18, United States

15 Code, is amended—

16 (1) by inserting after ‘‘an offense under’’ the

17 following: ‘‘section 32 (relating to the destruction of

18 aircraft), section 37 (relating to violence at inter19 national airports), section 115 (relating to influenc20 ing, impeding or retaliating against a Federal offi21 cial by threatening or injuring a family member),’’;

22 (2) by inserting after ‘‘section 215 (relating to

23 commissions or gifts for procuring loans),’’ the fol24 lowing: ‘‘section 351 (relating to Congressional or

25 Cabinet officer assassination),’’;
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1 (3) by inserting after ‘‘section 798 (relating to

2 espionage),’’ the following: ‘‘section 831 (relating to

3 prohibited transactions involving nuclear materials),

4 section 844 (f) or (i) (relating to destruction by ex5 plosives or fire of Government property or property

6 affecting interstate or foreign commerce),’’;

7 (4) by inserting after ‘‘section 875 (relating to

8 interstate communications),’’ the following: ‘‘section

9 956 (relating to conspiracy to kill, kidnap, maim, or

10 injure certain property in a foreign country),’’;

11 (5) by inserting after ‘‘section 1032 (relating to

12 concealment of assets from conservator, receiver, or

13 liquidating agent of financial institution),’’ the fol14 lowing: ‘‘section 1111 (relating to murder), section

15 1114 (relating to murder of United States law en16 forcement officials), section 1116 (relating to mur17 der of foreign officials, official guests, or internation18 ally protected persons),’’;

19 (6) by inserting after ‘‘section 1203 (relating to

20 hostage taking)’’ the following: ‘‘section 1361 (relat21 ing to willful injury of Government property), sec22 tion 1363 (relating to destruction of property within

23 the special maritime and territorial jurisdiction),’’;
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1 (7) by inserting after ‘‘section 1708 (relating to

2 theft from the mail’’ the following:’’), section 1751

3 (relating to Presidential assassination),’’;

4 (8) by inserting after ‘‘2114 (relating to bank

5 and postal robbery and theft),’’ the following: ‘‘sec6 tion 2280 (relating to violence against maritime

7 navigation), section 2281 (relating to violence

8 against maritime fixed platforms),’’; and

9 (9) by striking ‘‘of this title’’ and inserting the

10 following: ‘‘section 2332 (relating to terrorist acts

11 abroad against United States nationals), section

12 2332a (relating to use of weapons of mass destruc13 tion), section 2332b (relating to international terror14 ist acts transcending national boundaries), 2339A

15 (relating to providing material support to terrorists)

16 of this title, section 46502 of title 49, United States

17 Code,’’.

18 SEC. 728. CLARIFICATION OF MARITIME VIOLENCE JURIS19 DICTION.

20 Section 2280(b)(1)(A) of title 18, United States

21 Code, is amended—

22 (1) in clause (ii), by striking ‘‘and the activity

23 is not prohibited as a crime by the State in which

24 the activity takes place’’; and
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1 (2) in clause (iii), by striking ‘‘the activity takes

2 place on a ship flying the flag of a foreign country

3 or outside of the United States,’’.

4 SEC. 729. PROTECTION OF CURRENT OR FORMER OFFI5 CIALS, OFFICERS, OR EMPLOYEES OF THE

6 UNITED STATES.

7 (a) AMENDMENT TO INCLUDE ASSAULTS, MURDERS,

8 AND THREATS AGAINST FAMILIES OF FEDERAL OFFI9 CIALS.—Section 115(a)(2) of title 18, United States Code,

10 is amended by inserting ‘‘, or threatens to assault, kidnap,

11 or murder, any person who formerly served as a person

12 designed in paragraph (1), or’’ after ‘‘assaults, kidnaps,

13 or murders, or attempts to kidnap or murder’’.

14 (b) MURDER OR ATTEMPTS TO MURDER CURRENT

15 OR FORMER FEDERAL OFFICERS OR EMPLOYEES.—Sec16 tion 1114 of title 18, United States Code, is amended to

17 read as follows:

18 ‘‘§ 1114. Protection of officers and employees of the

19 United States

20 ‘‘(a) Except as provided in subsection (b), whoever

21 kills or attempts to kill a current or former officer or em22 ployee of the United States or its instrumentalities, or an

23 immediate family member of such officer or employee,

24 during or in connection with performance of their profes25 sional duties, shall be punished—
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1 ‘‘(1) in the case of murder, as provided under

2 section 1111;

3 ‘‘(2) in the case of manslaughter, as provided

4 under section 1112.

5 ‘‘(b) Any person who is found guilty of attempted

6 murder under this section shall be imprisoned for not

7 more than 20 years.’’.

8 SEC. 730. ADDITION OF CONSPIRACY TO TERRORISM OF9 FENSES.

10 (a)(1) Section 32(a)(7) of title 18, United States

11 Code, is amended by inserting ‘‘or conspires’’ after ‘‘at12 tempts’’.

13 (2) Section 32(b)(D) of title 18, United States Code,

14 as redesignated by section 721(b)(2), is amended by in15 serting ‘‘or conspires’’ after ‘‘attempts’’.

16 (b) Section 37(a) title 18, United States Code, is

17 amended by inserting ‘‘or conspires’’ after ‘‘attempts’’.

18 (c)(1) Section 115(a)(1)(A) of title 18, United States

19 Code, is amended by inserting ‘‘or conspires’’ after ‘‘at20 tempts’’.

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) Section 175(a) of title 18, United States Code,

10 is amended by inserting ‘‘, or conspires to do so,’’ after

11 ‘‘any organization to do so,’’.

12 (e) Section 1203(a) of title 18, United States Code,

13 is amended by inserting ‘‘or conspires’’ after ‘‘attempts’’.

14 (f) Section 2280(a)(1)(H) of title 18, United States

15 Code, is amended by inserting ‘‘or conspires’’ after ‘‘at16 tempts’’.

17 (g) Section 2281(a)(1)(F) of title 18, United States

18 Code, is amended by inserting ‘‘or conspires’’ after ‘‘at19 tempts’’.

20 (h)(1) Section 46502 of title 49, United States Code,

21 is amended—

22 (A) in subsection (a)(2), by inserting ‘‘, conspir23 ing,’’ after ‘‘committing’’ and

24 (B) in subsection (b)(1), by inserting ‘‘or con25 spiring to commit’’ after ‘‘committing’’.
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1 (2) Section 46505(b) of title 49, United States Code,

2 is amended—

3 (A) in paragraph (2), by inserting ‘‘conspired

4 or’’ after ‘‘has placed,’’; and

5 (B) in paragraph (3), by inserting ‘‘conspired

6 or’’ after ‘‘has placed,’’.

7 SEC. 731. PRETRIAL DETENTION FOR POSSESSION OF FIRE8 ARMS OR EXPLOSIVES BY CONVICTED FEL9 ONS.

10 Section 3156(a)(4) of title 18, United States Code,

11 is amended—

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

13 (B);

14 (2) by striking the period at the end of sub15 paragraph (C) and inserting ‘‘; or’’; and

16 (3) by adding after subparagraph (C) the fol17 lowing new subparagraph:

18 ‘‘(D) an offense that is a violation of sec19 tion 842(i) or 922(g) of this title (relating to

20 possession of explosives or firearms by convicted

21 felons).’’.

22 SEC. 732. INCLUSION OF ALIEN SMUGGLING AS A RICO

23 PREDICATE.

24 Section 1961(1) of title 18, United States Code, is

25 amended—
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1 (1) by striking ‘‘or’’ before ‘‘(E) any Act’’; and

2 (2) by inserting after ‘‘Currency and Foreign

3 Transactions Reporting Act’’ the following: ‘‘, or (F)

4 any act (or conspiracy to commit any act) which is

5 indictable under section 274, 277, or 278 of the Im6 migration and Nationality Act (8 U.S.C. 1324,

7 1327, or 1328 (pertaining to prohibitions on bring8 ing in and harboring certain aliens)’’.

9 TITLE VIII—MARKING OF

10 PLASTIC EXPLOSIVES

11 SEC. 801. IMPLEMENTATION OF THE CONVENTION ON THE

12 MARKING OF PLASTIC EXPLOSIVES.

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

14 States Code, is amended by adding at the end the follow15 ing new subsections:

16 ‘‘(o) ‘Convention on the Marking of Plastic Explo17 sives’ means the Convention on the Marking of Plastic Ex18 plosives for the Purpose of Detection, Done at Montreal

19 on 1 March 1991.

20 ‘‘(p) ‘Detection agent’ means any one of the sub21 stances specified in this subsection when introduced into

22 a plastic explosive or formulated in such explosive as a

23 part of the manufacturing process in such a manner as

24 to achieve homogeneous distribution in the finished explo25 sive, including—
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1 ‘‘(1) Ethylene glycol dinitrate (EGDN),

2 C2H4(NO3)2, molecular weight 152, when the mini3 mum concentration in the finished explosive is 0.2

4 percent by mass;

5 ‘‘(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),

6 C6H12(NO2)2, molecular weight 176, when the mini7 mum concentration in the finished explosive is 0.1

8 percent by mass;

9 ‘‘(3) Para-Mononitrotoluene (p-MNT),

10 C7H7NO2, molecular weight 137, when the minimum

11 concentration in the finished explosive is 0.5 percent

12 by mass;

13 ‘‘(4) Ortho-Mononitrotoluene (o-MNT),

14 C7H7NO2, molecular weight 137, when the minimum

15 concentration in the finished explosive is 0.5 percent

16 by mass; and

17 ‘‘(5) any other substance in the concentration

18 specified by the Secretary, after consultation with

19 the Secretary of State and the Secretary of Defense,

20 which has been added to the table in part 2 of the

21 Technical Annex to the Convention on the Marking

22 of Plastic Explosives.

23 ‘‘(q) ‘Plastic explosive’ means an explosive material

24 in flexible or elastic sheet form formulated with one or

25 more high explosives which in their pure form have a
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1 vapor pressure less than 10¥4 Pa at a temperature of

2 25°C., is formulated with a binder material, and is as a

3 mixture malleable or flexible at normal room tempera4 ture.’’.

5 (b) REQUIREMENT OF DETECTION AGENTS FOR

6 PLASTIC EXPLOSIVES.—Section 842 of title 18, United

7 States Code, is amended by adding after subsection (k)

8 the following new subsections:

9 ‘‘(l) It shall be unlawful for any person to manufac10 ture any plastic explosive that does not contain a detection

11 agent.

12 ‘‘(m)(1) It shall be unlawful for any person to import

13 or bring into the United States, or export from the United

14 States, any plastic explosive that does not contain a detec15 tion agent.

16 ‘‘(2) This subsection does not apply to the importa17 tion or bringing into the United States, or the exportation

18 from the United States, of any plastic explosive that was

19 imported, brought into, or manufactured in the United

20 States prior to the date of enactment of the Omnibus

21 Counterterrorism Act of 1995 by or on behalf of any agen22 cy of the United States performing military or police func23 tions (including any military Reserve component) or by or

24 on behalf of the National Guard of any State, not later

25 than 15 years after the date of entry into force of the
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1 Convention on the Marking of Plastic Explosives, with re2 spect to the United States.

3 ‘‘(n)(1) It shall be unlawful for any person to ship,

4 transport, transfer, receive, or possess any plastic explo5 sive that does not contain a detection agent.

6 ‘‘(2) This subsection does not apply to—

7 ‘‘(A) the shipment, transportation, transfer, re8 ceipt, or possession of any plastic explosive that was

9 imported, brought into, or manufactured in the

10 United States prior to the date of enactment of the

11 Omnibus Counterterrorism Act of 1995 by any per12 son during a period not exceeding 3 years after the

13 such date; or

14 ‘‘(B) the shipment, transportation, transfer, re15 ceipt, or possession of any plastic explosive that was

16 imported, brought into, or manufactured in the

17 United States prior to the date of enactment of the

18 Omnibus Counterterrorism Act of 1995 by or on be19 half of any agency of the United States performing

20 a military or police function (including any military

21 reserve component) or by or on behalf of the Na22 tional Guard of any State, not later than 15 years

23 after the date of entry into force of the Convention

24 on the Marking of Plastic Explosives, with respect to

25 the United States.
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1 ‘‘(o) It shall be unlawful for any person, other than

2 an agency of the United States (including any military re3 serve component) or the National Guard of any State, pos4 sessing any plastic explosive on the date of enactment of

5 the Omnibus Counterterrorism Act of 1995, to fail to re6 port to the Secretary within 120 days after such the quan7 tity of such explosives possessed, the manufacturer or im8 porter, any marks of identification on such explosives, and

9 such other information as the Secretary may by regula10 tions prescribe.’’.

11 (c) CRIMINAL SANCTIONS.—Section 844(a) of title

12 18, United States Code, is amended to read as follows:

13 ‘‘(a) Any person who violates any of subsections (a)

14 through (i) or (l) through (o) of section 842 shall be fined

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

16 both.’’.

17 (d) EXCEPTIONS.—Section 845 of title 18, United

18 States Code, is amended—

19 (1) in subsection (a), by inserting ‘‘(l), (m), (n),

20 or (o) of section 842 and subsections’’ after ‘‘sub21 sections’’;

22 (2) in paragraph (1), by inserting before the

23 semicolon ‘‘, and which pertain to safety’’; and

24 (3) by adding at the end the following new sub25 section:
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1 ‘‘(c) It is an affirmative defense against any proceed2 ing involving sections 842 (l) through (o) if the proponent

3 proves by a preponderance of the evidence that the plastic

4 explosive—

5 ‘‘(1) consisted of a small amount of plastic ex6 plosive intended for and utilized solely in lawful—

7 ‘‘(A) research, development, or testing of

8 new or modified explosive materials;

9 ‘‘(B) training in explosives detection or de10 velopment or testing of explosives detection

11 equipment; or

12 ‘‘(C) forensic science purposes; or

13 ‘‘(2) was plastic explosive that, within 3 years

14 after the date of entry into force of the Convention

15 on the Marking of Plastic Explosives, with respect to

16 the United States, will be or is incorporated in a

17 military device within the territory of the United

18 States and remains an integral part of such military

19 device, or is intended to be, or is incorporated in,

20 and remains an integral part of a military device

21 that is intended to become, or has become, the prop22 erty of any agency of the United States performing

23 military or police functions (including any military

24 reserve component) or the National Guard of any

25 State, wherever such device is located.
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1 ‘‘(3) For purposes of this subsection, the term

2 ‘military device’ includes, but is not restricted to,

3 shells, bombs, projectiles, mines, missiles, rockets,

4 shaped charges, grenades, perforators, and similar

5 devices lawfully manufactured exclusively for mili6 tary or police purposes.’’.

7 (e) INVESTIGATIVE AUTHORITY.—Section 846 of title

8 18, United States Code, is amended—

9 (1) in the last sentence, by inserting in the last

10 sentence before ‘‘subsection’’ the phrase ‘‘subsection

11 (m) or (n) of section 842 or;’’, and

12 (2) by adding at the end the following: ‘‘The

13 Attorney General shall exercise authority over viola14 tions of subsection (m) or (n) of section 842 only

15 when they are committed by a member of a terrorist

16 or revolutionary group. In any matter involving a

17 terrorist or revolutionary group or individual, as de18 termined by the Attorney General, the Attorney

19 General shall have primary investigative responsibil20 ity and the Secretary shall assist the Attorney Gen21 eral as requested.’’.

22 (f) EFFECTIVE DATE.—The amendments made by

23 this section shall take effect 1 year after the date of the

24 enactment of this Act.
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1 SEC. 802. STUDY ON TAGGING OF EXPLOSIVE MATERIALS.

2 (a) STUDY.—The Secretary of the Treasury shall di3 rect the Director of the Bureau of Alcohol, Tobacco, and

4 Firearms to conduct a study, as soon as is practicable

5 after the date of enactment of this Act, on—

6 (1) tagging of explosive materials for purposes

7 of identification and detection;

8 (2) the possibility and practicality of rendering

9 inert common chemicals used in manufacturing ex10 plosives; and

11 (3) the feasibility of imposing controls on cer12 tain precursor chemicals used to manufacture explo13 sives.

14 (3) REPORT.—The Secretary of the Treasury, or a

15 designee of the Secretary shall prepare and submit to the

16 President and the Congress a report setting forth in detail

17 the findings and determinations made in the study con18 ducted pursuant to subsection (a).

19 TITLE IX—MISCELLANEOUS

20 PROVISIONS

21 SEC. 901. SEVERABILITY.

22 If any provision of this subtitle, an amendment made

23 by this subtitle, or the application of such provision or

24 amendment to any person or circumstance is held to be

25 unconstitutional, the remainder of this subtitle, the

26 amendments made by this subtitle, and the application of
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1 the provisions of such to any person or circumstance shall

2 not be affected thereby.

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