Calendar No. 107

104TH CONGRESS

1ST SESSION S. 761

A BILL

To improve the ability of the United States to

respond to the international terrorist threat.

MAY 15, 1995

Read the second time and placed on the calendar
II

Calendar No. 107

104TH CONGRESS

1ST SESSION S. 761

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

terrorist threat.

IN THE SENATE OF THE UNITED STATES

MAY 5 (legislative day, MAY 1), 1995

Mr. DASCHLE (for himself, Mr. BIDEN, Mr. KOHL, Mrs. FEINSTEIN, and Mr.

DODD) introduced the following bill; which was read the first time

MAY 15, 1995

Read the second time and placed on the calendar

A BILL

To improve the ability of the United States to respond to

the international terrorist threat.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Omnibus

5 Counterterrorism Act of 1995’’.

6 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short title.
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Sec. 2. Table of contents.

Sec. 3. Findings and purposes.

TITLE I—SUBSTANTIVE CRIMINAL LAW ENHANCEMENTS

Sec. 101. Acts of terrorism transcending national boundaries.

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

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

TITLE II—IMMIGRATION LAW IMPROVEMENTS

Sec. 201. Alien terrorist removal procedures.

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

of alien terrorists.

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

TITLE III—CONTROLS OVER TERRORIST FUND-RAISING

Sec. 301. Terrorist fund-raising prohibited.

TITLE IV—CONVENTION ON THE MARKING OF PLASTIC

EXPLOSIVES

Sec. 401. Short title.

Sec. 402. Findings and purposes.

Sec. 403. Definitions.

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

Sec. 405. Criminal sanctions.

Sec. 406. Exceptions.

Sec. 407. Investigative authority.

Sec. 408. Effective date.

TITLE V—NUCLEAR MATERIALS

Sec. 501. Expansion of nuclear materials prohibitions.

TITLE VI—PROCEDURAL AND TECHNICAL CORRECTIONS AND

IMPROVEMENTS

Sec. 601 Correction to material support provision.

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

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

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

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

related offenses.

Sec. 606. Clarification of maritime violence jurisdiction.

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

Sec. 608. Increased penalty for explosives conspiracies.

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

Federal officials on account of the performance of their official

duties.

Sec. 610. Addition of conspiracy to terrorism offenses.

TITLE VII—ANTITERRORISM ASSISTANCE

Sec. 701. Findings.

Sec. 702. Antiterrorism assistance amendments.
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TITLE VIII—SUBSTANTIVE INVESTIGATIVE ENHANCEMENTS

Sec. 801. Pen registers and trap and trace devices in foreign counterintelligence

and counterterrorism investigations.

Sec. 802. Disclosure of information and consumer reports to Federal Bureau

of Investigation for foreign counterintelligence purposes.

Sec. 803. Study and requirements for tagging of explosive materials, and study

and recommendations for rendering explosive components inert

and imposing controls on precursors of explosives.

Sec. 804. Access to records of common carriers, public accommodation facilities, physical storage facilities and vehicle rental facilities in

foreign counterintelligence and counterterrorism cases.

Sec. 805. Limitation of statutory exclusionary rule.

Sec. 806. Authority for wiretaps in any terrorism-related or explosives felony.

Sec. 807. Temporary emergency wiretap authority involving terroristic crimes.

Sec. 808. Expanded authority for roving wiretapes.

Sec. 809. Enhanced access to telephone billing records.

Sec. 810. Requirement to preserve evidence.

Sec. 811. Permission to request military assistance with respect to offenses involving chemical and biological weapons.

Sec. 812. General reward authority of the attorney general.

TITLE IX—SUBSTANTIVE PROSECUTIVE ENHANCEMENTS

Sec. 901. Possession of stolen explosives.

Sec. 902. Protection of Federal employees on account of the performance of

their official duties.

TITLE X—CRIMINAL PENALTIES

Sec. 1001. Mandatory penalty for transferring a firearm knowing that it will

be used to commit a crime of violence.

Sec. 1002. Mandatory penalty for transferring an explosive material knowing

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

Sec. 1003. Increase period of limitations for National Firearms Act.

TITLE XI—FUNDING

Sec. 1101. Civil monetary penalty surcharge and telecommunications carrier

compliance payments.

1 SEC. 3. FINDINGS AND PURPOSES.

2 (a) The Congress finds and declares:

3 (1) International terrorism remains a serious

4 and deadly problem which threatens the interests of

5 the United States both overseas and within its terri6 tory. States or organizations that practice terrorism
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1 or actively support it should not be allowed to do so

2 without serious consequence.

3 (2) International terrorism directed against

4 United States interests must be confronted by the

5 appropriate use of the full array of tools available to

6 the President, including diplomatic, military, eco7 nomic and prosecutive actions.

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

9 impacted by terrorist attacks carried out overseas

10 against United States Government facilities, officials

11 and other American citizens present in foreign coun12 tries.

13 (4) United States foreign policy interests are

14 profoundly affected by terrorist acts overseas espe15 cially those directed against friendly foreign govern16 ments and their people and those intended to under17 mine the peaceful resolution of disputes in the Mid18 dle East and other troubled regions.

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

20 defeat of the Soviet Union in Afghanistan, the peace

21 initiative in the Middle East, and the fall of com22 munism throughout Eastern Europe and the former

23 Soviet Union, international terrorism has become a

24 more complex problem, with new alliances emerging

25 among terrorist organizations.
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1 (6) Violent crime is a pervasive international

2 problem and is exacerbated by the free international

3 movement of drugs, firearms, explosives and individ4 uals dedicated to performing acts of international

5 terrorism who travel using false or fraudulent docu6 mentation.

7 (7) While international terrorists move freely

8 from country to country, ordinary citizens and for9 eign visitors often fear to travel to or through cer10 tain parts of the world due to concern about terror11 ist violence.

12 (8) In addition to the destruction of property

13 and devastation to human life, the occurrence of an

14 international terrorist event results in a decline of

15 tourism and affects the marketplace, thereby having

16 an adverse impact on interstate and foreign com17 merce and economies of friendly nations.

18 (9) International terrorists, violating the sov19 ereignty of foreign countries, attack dissidents and

20 former colleagues living in foreign countries, includ21 ing the United States.

22 (10) International terrorists, both inside and

23 outside the United States, carefully plan attacks and

24 carry them out in foreign countries against innocent

25 victims.
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1 (11) There are increasing intelligence indica2 tions of networking between different international

3 terrorist organizations leading to their increased co4 operation and sharing of information and resources

5 in areas of common interest.

6 (12) In response, increased international coordi7 nation of legal and enforcement issues is required,

8 pursuant, for example, to the numerous multilateral

9 conventions in force providing universal prosecutive

10 jurisdiction over persons involved in a variety of ter11 rorist acts, including hostage taking, murder of an

12 internationally protected person, and aircraft piracy

13 and sabotage.

14 (13) Until recently, United States asylum proc15 essing procedures have been complicated and often

16 duplicative, providing a powerful incentive for indi17 viduals, including terrorists, without a genuine

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

19 States.

20 (14) The United States Constitution grants

21 Congress the power to establish a uniform rule of

22 naturalization and to make all laws necessary and

23 proper thereto.

24 (15) Part of that power authorizes the Con25 gress to establish laws directly applicable to alien
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1 conduct within the United States that harms the

2 foreign relations, domestic tranquility or national se3 curity of the United States.

4 (16) While the vast majority of aliens justify

5 the trust placed in them by United States immigra6 tion policies, an dangerous few utilized access to the

7 United States to carry out their terrorist activity to

8 the detriment of this Nation’s national security and

9 foreign policy interests. Accordingly, international

10 terrorist organizations have been able to create sig11 nificant infrastructures and cells in the United

12 States among aliens who are in this country either

13 temporarily or as permanent resident aliens.

14 (17) International terrorist organizations, act15 ing through affiliated groups and/or individuals,

16 have been raising significant funds within the Unit17 ed States, often through misrepresentation of their

18 purposes or subtle forms of extortion, or using the

19 United States as a conduit for transferring funds

20 among countries.

21 (18) The provision of funds to organizations

22 that engage in terrorism serves to facilitate their

23 terrorist activities regardless of whether the funds,

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

25 used for non-violent purposes.
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1 (19) Certain foreign governments and inter2 national terrorist organizations have directed their

3 members or sympathizers residing in the United

4 States to take measures in support of terrorist acts,

5 either within or outside the United States.

6 (20) Present Federal law does not adequately

7 reach all terrorist activity likely to be engaged in by

8 aliens within the United States.

9 (21) Law enforcement officials have been hin10 dered in using current immigration law to deport

11 alien terrorists because the law fails to provide pro12 cedures to protect classified intelligence sources and

13 information. Moreover, a few high ranking members

14 of terrorist organizations have been naturalized as

15 United States citizens because denial of such natu16 ralizations would have necessitated public disclosure

17 of highly classified sources and methods. Further18 more, deportation hearings frequently extend over

19 several years, thus hampering the expeditious re20 moval of aliens engaging in terrorist activity.

21 (22) Present immigration law is inadequate to

22 protect the United States from terrorist attacks by

23 certain aliens. New procedures are needed to permit

24 expeditious removal of alien terrorists from the Unit25 ed States, thereby reducing the threat that such
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1 aliens pose to the national security and other vital

2 interests of the United States.

3 (23) International terrorist organizations that

4 have infrastructure support within the United States

5 are believed to have been responsible for—

6 (A) conspiring in 1982 to bomb the Turk7 ish Honorary Consulate in Philadelphia, Penn8 sylvania;

9 (B) bombing the Marine barracks in Leb10 anon in 1983;

11 (C) holding Americans hostage in Lebanon

12 from 1984–1991;

13 (D) hijacking in 1984 Kuwait Airlines

14 Flight 221 during which two American employ15 ees of the Agency for International Develop16 ment were murdered;

17 (E) hijacking in 1985 TWA Flight 847

18 during which a United States Navy diver was

19 murdered;

20 (F) murdering in 1985 an American tour21 ist aboard the Achille Lauro cruise liner;

22 (G) hijacking in 1985 Egypt Air Flight

23 648 during which one American and one Israeli

24 were killed;
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1 (H) murdering in 1985 four members of

2 the United States Marine Corps in El Salvador;

3 (I) attacking in December 1985 the Rome

4 and Vienna airports resulting in the death of a

5 young American girl;

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

7 Karachi, Pakistan, in which 44 Americans were

8 held hostage and two were killed;

9 (K) conspiring in 1986 in New York City

10 to bomb an Air India aircraft;

11 (L) bombing in April 1988 the USO club

12 in Naples, Italy, killing one American service13 woman and injuring four American servicemen;

14 (M) attacking in 1988 the Greek cruise

15 ship ‘‘City of Poros’’;

16 (N) bombing in 1988 Pan Am Flight 103

17 resulting in 270 deaths;

18 (O) bombing in 1989 UTA Flight 772 re19 sulting in 171 deaths, including seven Ameri20 cans;

21 (P) murdering in 1989 a United States

22 Marine Corps officer assigned to the United

23 Nations Truce Supervisory Organization in

24 Lebanon;
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1 (Q) downing in January 1991 a United

2 States military helicopter in El Salvador caus3 ing the death of a United States military crew4 man as a result of the crash and subsequently

5 murdering its two surviving United States mili6 tary crewmen;

7 (R) bombing in February 1992 the United

8 States Ambassador’s residence in Lima, Peru;

9 (S) bombing in February 1993 a cafe in

10 Cairo, Egypt, which wounded two United States

11 citizens;

12 (T) bombing in February 1993 the World

13 Trade Center in New York City, resulting in six

14 deaths;

15 (U) conspiring in the New York City area

16 in 1993 to destroy several government buildings

17 and tunnels;

18 (V) wounding in October 1994 two United

19 States citizens on a crowded street in Jerusa20 lem, Israel;

21 (W) kidnapping and subsequently murder22 ing in October 1994 a dual citizen of the Unit23 ed States and Israel; and

24 (X) numerous bombings and murders in

25 Northern Ireland over the past decade.
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1 (24) Nuclear materials, including byproduct

2 materials, can be used to create radioactive dispersal

3 devices which are capable of causing serious bodily

4 injury as well as substantial damage to property and

5 the environment.

6 (25) The potential use of nuclear materials, in7 cluding byproduct materials, enhances the threat

8 posed by terrorist activities and thereby has a great9 er effect on the security interests of the United

10 States.

11 (26) Due to the widespread hazards presented

12 by the threat of nuclear contamination, as well as

13 nuclear bombs, the United States has strong interest

14 in assuring that persons who are engaged in the ille15 gal acquisition and use of nuclear materials, includ16 ing byproduct materials, are prosecuted for their of17 fenses.

18 (27) The threat that the nuclear materials will

19 be obtained and used by terrorist and other criminal

20 organizations has increased substantially due to

21 international developments in the years since the en22 actment in 1982 of the legislation which imple23 mented the Convention of the Physical Protection of

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

25 United States Code.
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1 (28) The successful effort to obtain agreements

2 from other countries to dismantle and destroy nu3 clear weapons has resulted in increased packaging

4 and transportation of nuclear materials, thereby cre5 ating more opportunities for their unlawful diversion

6 or theft;

7 (29) The illicit trafficking in the relatively more

8 common, commercially available and useable nuclear

9 and byproduct materials poses a potential to cause

10 significant loss of life and/or environmental damage.

11 (30) Reported trafficking incidents in the early

12 1990’s suggest that the individuals involved in traf13 ficking these materials from Eurasia and Eastern

14 Europe frequently conducted their black market

15 sales within the Federal Republic of Germany, the

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

17 European countries.

18 (31) The international community has become

19 increasingly concerned over the illegal possession of

20 nuclear and nuclear byproduct materials.

21 (32) The potentially disastrous ramifications of

22 increased access by terrorists to nuclear and nuclear

23 byproduct material pose such a significant future

24 threat that the United States must use all lawful
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1 methods available to combat the illegal use of such

2 materials.

3 (33) The United States has an interest in en4 couraging United States corporations to do business

5 in the countries which comprised the former Soviet

6 Union, as well as in other developing democracies;

7 protection of such corporations from threats created

8 by the unlawful use of nuclear materials is impor9 tant to encourage such business ventures, and to

10 further the foreign relations and commerce of the

11 United States.

12 (34) The nature of nuclear contamination is

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

14 property of United States nationals even if the acts

15 which constitute the illegal activity occur outside the

16 territory of the United States, and are primarily di17 rected toward non-nationals of the United States.

18 (35) Plastic explosives were used by terrorists

19 in the bombings of Pan Am flight 103 in December

20 1988 and UTA flight 772 in September 1989.

21 (36) Plastic explosives currently can be used

22 with little likelihood of detection for acts of unlawful

23 interference with civil aviation, maritime navigation,

24 and other modes of transportation.
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1 (37) The marking of plastic explosives for the

2 purpose of detection would contribute significantly to

3 the prevention and punishment of such unlawful

4 acts.

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

6 use of plastic explosives, the Convention on the

7 Marking of Plastic Explosives for Purpose of Detec8 tion, done at Montreal on 1 March 1991, requires

9 each contracting State to adopt appropriate meas10 ures to ensure that plastic explosives are duly

11 marked and controlled.

12 The Congress further finds:

13 (39) Such international terrorist offenses place

14 innocent lives in jeopardy, endanger national secu15 rity, affect domestic tranquility, and gravely impact

16 on interstate and foreign commerce.

17 (40) Such international terrorist offenses in18 volved international associations, communication,

19 and mobility which can often be addressed effectively

20 only at the Federal law enforcement level.

21 (41) There previously has been no Federal

22 criminal statute which provides a comprehensive

23 basis for addressing acts of international terrorism

24 carried out within the United States.
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1 (42) There previously has been no Federal pro2 vision that specifically prohibits fund raising within

3 the United States on behalf of international terrorist

4 organizations.

5 (43) There previously has been no adequate

6 procedure under the immigration law that permits

7 the expeditious removal of resident and non-resident

8 alien terrorists.

9 (44) There previously has been no Federal

10 criminal statute which provides adequate protection

11 to United States interests from non-weapons grade,

12 yet hazardous radioactive material, and from the il13 legal diversion of nuclear materials which are held

14 for other than peaceful purposes.

15 (45) There previously has been no Federal law

16 that requires the marking of plastic explosives to im17 prove their detectability.

18 (46) Congress has the power under the inter19 state and foreign commerce clause, and other provi20 sions of the Constitution, to enact the following

21 measures against international terrorism in order to

22 help ensure the integrity and safety of the Nation.

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

24 (1) Federal law enforcement the necessary tools

25 and fullest possible basis allowed under the Con-
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1 stitution of the United States to address, pursuant

2 to the rule of law, acts of international terrorism oc3 curring within the United States, or directed against

4 the United States or its nationals anywhere in the

5 world;

6 (2) the Federal Government the fullest possible

7 basis, consistent with the Constitution, of the United

8 States, to prevent persons and organizations within

9 the jurisdiction of the United States from providing

10 funds, directly or indirectly, to organizations, includ11 ing subordinate or affiliated persons, designated by

12 the President as engaging in terrorism, unless au13 thorized under this Act;

14 (3) procedures which, consistent with principles

15 of fundamental fairness, will allow the government

16 to deport resident and non-resident alien terrorists

17 promptly without compromising intelligence sources

18 and methods;

19 (4) provide Federal law enforcement the nec20 essary tools and fullest possible basis allowed under

21 the Constitution of the United States to combat the

22 threat of nuclear contamination and proliferation

23 which may result from illegal possession and use of

24 radioactive materials; and
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1 (5) fully implement the Convention on the

2 Marking or Plastic Explosives for the Purpose of

3 Detection, done at Montreal on 1 March 1991.

4 TITLE I—SUBSTANTIVE CRIMINAL LAW

5 ENHANCEMENTS

6 SEC. 101. ACTS OF TERRORISM TRANSCENDING NATIONAL

7 BOUNDARIES.

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

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

10 this new section:

11 ‘‘§ 2332b. Acts of terrorism transcending national

12 boundaries

13 ‘‘(a) FINDINGS AND PURPOSE.—

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

15 ‘‘(A) international terrorism is a serious

16 and deadly problem which threatens the inter17 ests of this Nation not only overseas but also

18 within our territory;

19 ‘‘(B) international terrorists have dem20 onstrated their intention and capability of car21 rying out attacks within the United States by,

22 for example, bombing The World Trade Center

23 in New York and undertaking attacks, includ24 ing assassinations, against former colleagues
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1 and opponents who have taken up residence in

2 this country;

3 ‘‘(C) United States foreign policy interests

4 are seriously affected by terrorist acts within

5 the United States directed against foreign gov6 ernments and their people;

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

8 jeopardy, endanger national security, affect do9 mestic tranquility, and gravely impact on inter10 state and foreign commerce;

11 ‘‘(E) such offenses involve international as12 sociations, communication, and mobility which

13 often can be addressed effectively only at the

14 Federal law enforcement level; and

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

16 criminal statute which provides a comprehensive

17 basis for addressing acts of international terror18 ism carried out within the United States.

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

20 Federal law enforcement the fullest possible basis al21 lowed under the Constitution to address acts of

22 international terrorism occurring within the United

23 States.

24 ‘‘(b) PROHIBITED ACTS.—
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1 ‘‘(1) Whoever, in a circumstance described in

2 subsection (c),

3 ‘‘(A) kills, kidnaps, maims, commits an as4 sault resulting in serious bodily injury, or as5 saults with a dangerous weapon any individual

6 within the United States; or

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

8 conveyance or other real or personal property

9 within the United States

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

11 States shall be punished as prescribed in subsection

12 (d).

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

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

15 to do, shall be punished as prescribed in subsection

16 (d).

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

18 referred to in subsection (b) are—

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

20 with the intent to commit the offense or to escape

21 apprehension after the commission of such offense;

22 ‘‘(2) the mail, or any facility utilized in any

23 manner in commerce, is used in furtherance of the

24 commission of the offense or to effect the escape of

25 any offender after the commission of such offense;
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1 ‘‘(3) the offense obstructs, delays or affects

2 commerce in any way or degree or would have so ob3 structed, delayed or affected commerce if the offense

4 had been consummated;

5 ‘‘(4) the victim, or intended victim, is the Unit6 ed States Government or any official, officer, em7 ployee or agent of the legislative, executive or judi8 cial branches, or of any department or agency, of

9 the United States;

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

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

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

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

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

15 thereof, or (II) any institution or organization re16 ceiving Federal financial assistance or insured by

17 any department or agency of the United States;

18 ‘‘(6) any victim, or intended victim, of the of19 fense is, at the time of the offense, traveling in com20 merce;

21 ‘‘(7) any victim, intended victim or offender is

22 not a national of the United States;

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

24 sea (including the airspace above and the seabed and
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1 subsoil below, and artificial islands and fixed struc2 tures erected thereon) of the United States; or

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

4 within the United States that are in the special mar5 itime and territorial jurisdiction of the United

6 States.

7 Jurisdiction shall exist over all principals and

8 coconspirators of an offense under subsection (b), and ac9 cessories after the fact to any offense based upon sub10 section (b), if at least one of the above circumstances is

11 applicable to at least one offender.

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

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

14 crime charged in the indictment, be punished—

15 ‘‘(1) for a killing or if death results to any per16 son from any other conduct prohibited by this sec17 tion by death, or by imprisonment for any term of

18 years or for life;

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

20 term of years or for life;

21 ‘‘(3) for maiming, by imprisonment for not

22 more than thirty-five years;

23 ‘‘(4) for assault with a dangerous weapon or as24 sault resulting in serious bodily injury, by imprison25 ment for not more than thirty years;
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1 ‘‘(5) for destroying or damaging any structure,

2 conveyance or other real or personal property, by im3 prisonment for not more than twenty-five years;

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

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

6 punishment that would have applied had the offense

7 been completed; and

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

9 under this section, by imprisonment for not more

10 than ten years.

11 Notwithstanding any other provision of law, the court

12 shall not place on probation any person convicted of a vio13 lation of this section; nor shall the term of imprisonment

14 imposed under this section run concurrently with any

15 other term of imprisonment.

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

17 for any offense described in this section shall be sought

18 by the United States except after the Attorney General,

19 or the highest ranking subordinate of the Attorney Gen20 eral with responsibility for criminal prosecutions, has

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

22 certifying official, such offense, or any activity preparatory

23 to its commission, transcended national boundaries and

24 that the offense appears to have been intended to coerce,
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1 intimidate, or retaliate against a government or a civilian

2 population, including any segment 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) The prosecution is not required to prove

11 knowledge by any defendant of a jurisdictional base

12 alleged in the indictment.

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

14 based upon the adoption of State law, only the ele15 ments of the offense under State law, and not any

16 provisions pertaining to criminal procedure or evi17 dence, are adopted.

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

19 extraterritorial Federal jurisdiction (1) over any offense

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

21 conspiracy to commit such offense, and (2) over conduct

22 which, under section 3 of this title, renders any person

23 an accessory after the fact to an offense under sub24 section (b).
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1 ‘‘(i) DEFINITIONS.—As used in this section, the

2 term—

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

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

5 ‘‘(2) ‘facility utilized in any manner in com6 merce’ includes means of transportation, commu7 nication, and transmission;

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

9 meaning prescribed in section 101(a)(22) of the Im10 migration and Nationality Act (8 U.S.C.

11 1101(a)(22));

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

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

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

15 States, the District of Columbia, and any common16 wealth, territory or possession of the United States;

17 and

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

19 all waters extending seaward to 12 nautical miles

20 from the baselines of the United States determined

21 in accordance with international law.’’.

22 (b) TECHNICAL AMENDMENT.—The chapter analysis

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

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

25 Mass Destruction.’’ the following:

‘‘2332b. Acts of terrorism transcending national boundaries.’’
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1 (c) STATUTE OF LIMITATIONS AMENDMENT.—Sec2 tion 3286 of title 18, United States Code, is amended by—

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

4 non-capital offense’’;

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

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

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

8 (5) inserting ‘‘2332b (acts of terrorism tran9 scending national boundaries),’’ after ‘‘(use of weap10 ons of mass destruction),’’.

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

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

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

14 SEC. 102. CONSPIRACY TO HARM PEOPLE AND PROPERTY

15 OVERSEAS.

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

17 States Code, is amended to read as follows:

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

19 certain property in a foreign country

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

21 States, conspires with one or more other persons, regard22 less of where such other person or persons are located,

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

24 that would constitute the offense of murder, kidnapping,

25 or maiming if committed in the special maritime and terri-
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1 torial jurisdiction of the United States shall, if he or any

2 such other person commits an act within the jurisdiction

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

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

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

6 (a)(1) of this section is—

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

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

9 and

10 ‘‘(B) imprisonment for not more than thirty11 five years if the offense is conspiracy to maim.

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

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

14 where such other person or persons are located, to injure

15 or destroy specific property situated within a foreign coun16 try and belonging to a foreign government or to any politi17 cal subdivision thereof with which the United States is at

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

19 other public utility, public conveyance or public structure,

20 or any religious, educational or cultural property so situ21 ated, shall, if he or any such other person commits an

22 act within the jurisdiction of the United States to effect

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

24 twenty-five years.’’.
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1 (b) The chapter analysis for chapter 45 of title 18,

2 United States Code, is amended by striking ‘‘956. Con3 spiracy to injure property of foreign government.’’ and in4 serting in lieu thereof:

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

country.’’.

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

6 is amended by—

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

8 ‘‘37’’;

9 (2) striking ‘‘2331’’ and inserting in lieu there10 of ‘‘2332’’;

11 (3) striking ‘‘2339’’ and inserting in lieu there12 of ‘‘2332a’’;

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

14 thereof ‘‘or an escape’’; and

15 (5) inserting ‘‘956,’’ before ‘‘1114.’’

16 SEC. 103. CLARIFICATION AND EXTENSION OF CRIMINAL

17 JURISDICTION OVER CERTAIN TERRORISM

18 OFFENSES OVERSEAS.

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

20 is amended by—

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

22 in the United States’’;

23 (2) amending paragraph (2) to read as follows:
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1 ‘‘(2) There is jurisdiction over the offense in

2 paragraph (1) if—

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

4 aboard the aircraft;

5 ‘‘(B) an offender is a national of the Unit6 ed States; or

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

8 United States.’’; and

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

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

11 ‘national of the United States’ has the meaning pre12 scribed in section 101(a)(22) of the Immigration

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

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

15 amended by—

16 (1) striking ‘‘, if the offender is later found in

17 the United States,’’; and

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

19 paragraphs:

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

21 subsection if—

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

23 on board, or would have been on board, the air24 craft;
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1 ‘‘(B) an offender is a national of the Unit2 ed States; or

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

4 United States.

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

6 ‘national of the United States’ has the meaning pre7 scribed in section 101(a)(22) of the Immigration

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

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

10 amended by—

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

12 paragraph (7) as follows:

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

14 meaning prescribed in section 101(a)(22) of the Im15 migration and Nationality Act (8 U.S.C.

16 1101(a)(22)).’’; and

17 (2) in subsection (c), striking the first sentence

18 and inserting the following: ‘‘If the victim of an of19 fense under subsection (a) is an internationally pro20 tected person outside the United States, the United

21 States may exercise jurisdiction over the offense if

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

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

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

25 afterwards found in the United States.’’.
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1 (d) Section 112 of title 18, United States Code, is

2 amended by—

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

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

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

6 and inserting the following: ‘‘If the victim of an of7 fense under subsection (a) is an internationally pro8 tected person outside the United States, the United

9 States may exercise jurisdiction over the offense if

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

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

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

13 afterwards found in the United States.’’.

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

15 amended by—

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

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

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

19 and inserting the following: ‘‘If the victim of an of20 fense under subsection (a) is an internationally pro21 tected person outside the United States, the United

22 States may exercise jurisdiction over the offense if

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

24 or agent of the United States, (2) an offender is a
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1 national of the United States, or (3) an offender is

2 afterwards found in the United States.’’.

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

4 is amended by—

5 (1) striking the first sentence and inserting the

6 following: ‘‘If the victim of an offense under sub7 section (a) is an internationally protected person

8 outside the United States, the United States may

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

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

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

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

13 found in the United States.’’; and

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

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

16 of the United States’ has the meaning prescribed in

17 section 101(a)(22) of the Immigration and National18 ity Act (8 U.S.C. 1101(a)(22).’’.

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

20 is amended—

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

22 later found in the United States’’; and

23 (2) by inserting ‘‘; or (B) an offender or a vic24 tim is a national of the United States (as defined in

25 section 101(a)(22) of the Immigration and National-
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1 ity Act (8 U.S.C. 1101(a)(22)))’’ after ‘‘the offender

2 is later found in the United States’’.

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

4 amended by—

5 (1) striking the ‘‘and’’ at the end of para6 graph (3);

7 (2) striking the ‘‘period’’ at the end of para8 graph (4) and inserting in lieu thereof ‘‘; and’’; and

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

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

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

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

13 1101(a)(22)).’’.

14 TITLE II—IMMIGRATION LAW

15 IMPROVEMENTS

16 SEC. 201. ALIEN TERRORIST REMOVAL PROCEDURES.

17 (a) FINDINGS AND PURPOSE.—

18 (1) The Congress hereby finds that—

19 (A) international terrorism is a serious and

20 deadly problem which threatens the interests of

21 this Nation overseas and within our territory;

22 (B) until recently, United States asylum

23 processing procedures have been complicated

24 and often duplicative, providing a powerful in25 centive for individuals, including terrorists,
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1 without a genuine claim, to apply for asylum

2 and remain in the United States;

3 (C) while most aliens justify the trust

4 placed in them by our immigration policies, a

5 dangerous few utilized access to the United

6 States to create significant infrastructures and

7 cells in the United States in order to carry out

8 their terrorist activity to the detriment of the

9 Nation’s national security and foreign policy in10 terests;

11 (D) the bombing of the World Trade Cen12 ter exemplifies the danger posed to the United

13 States and its citizens by alien terrorists;

14 (E) similarly, some foreign terrorist orga15 nizations utilize associated aliens within the

16 United States to raise funds to facilitate their

17 overseas terrorist acts against United States

18 nationals as well as against foreign govern19 ments and their citizens; and

20 (F) current immigration laws and proce21 dures are not effective in addressing the alien

22 terrorist problem, as they require the govern23 ment to place sensitive intelligence sources and

24 methods at risk and allow the alien to remain

25 within the United States for the prolonged pe-
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1 riod necessary to pursue a deportation action.

2 Moreover, under the current statutory frame3 work a few high ranking members of terrorist

4 organizations have been naturalized as United

5 States citizens because denial of such natu6 ralizations would have necessitated public dis7 closure of highly classified sources and methods.

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

9 procedures which, consistent with principles of fun10 damental fairness, will allow the government to de11 port alien terrorists promptly without compromising

12 intelligence sources and methods.

13 (b) ALIEN REMOVAL PROCEDURES.—The Immigra14 tion and Nationality Act is amended—

15 (1) by adding at the end of the table of con16 tents the following:

‘‘TITLE V—ALIEN TERRORIST REMOVAL PROCEDURES

‘‘Sec. 501. Applicability.

‘‘Sec. 502. Special removal hearing.

‘‘Sec. 503. Designation of judges.

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

17 and

18 (2) by adding at the end the following new title:
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1 ‘‘TITLE V—ALIEN TERRORIST REMOVAL

2 PROCEDURES

3 ‘‘APPLICABILITY

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

5 followed in the discretion of the Department of Justice

6 whenever the Department of Justice has classified infor7 mation that an alien described in paragraph 4(B) of sec8 tion 241(a), as amended, is subject to deportation because

9 of such section. For purposes of this title, the terms ‘clas10 sified information’ and ‘national security’ shall have the

11 meaning prescribed in section 1 of the Classified Informa12 tion Procedures Act, 18 U.S.C. App. III 1.

13 ‘‘(b) Whenever an official of the Department of Jus14 tice files, under section 502, an application with the court

15 established under section 503 for authorization to seek re16 moval pursuant to the provisions of this title, the alien’s

17 rights regarding removal and expulsion shall be governed

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

19 specifically referenced, no other provisions of the Immigra20 tion and Nationality Act shall be applicable. An alien sub21 ject to removal under these provisions shall have no right

22 of discovery of information derived from electronic surveil23 lance authorized under the Foreign Intelligence Surveil24 lance Act (50 U.S.C. 1801 et seq.) or otherwise for na25 tional security purposes. Nor shall such alien have the
37

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1 right to seek suppression of evidence. Further, the govern2 ment is authorized to use, in the removal proceedings, the

3 fruits of electronic surveillance and/or unconsented phys4 ical searches authorized under the Foreign Intelligence

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

6 (f), (g), and (h) of that Act. The provisions and require7 ments of section 3504 of title 18, United States Code,

8 shall not apply to procedures under this title.

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

10 Congress that aliens described in paragraph 4(B) of sec11 tion 241(a), as amended, represent a unique threat to the

12 security of the United States. It is the intention of Con13 gress that such aliens be promptly removed from the

14 United States following—

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

16 to believe that such person is such an alien; and

17 ‘‘(2) a judicial determination pursuant to the

18 provisions of this title that an alien is removable on

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

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

21 The Congress furthers intends that, other than as pro22 vided by this title, such aliens shall not be given a deporta23 tion hearing and are ineligible for any discretionary relief

24 from deportation or for relief under section 243(h).
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1 ‘‘SPECIAL REMOVAL HEARING

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

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

4 application upon oath or affirmation shall be submitted

5 in camera and ex parte to the court established under sec6 tion 503 for an order authorizing such a procedure. Each

7 application shall require the approval of the Attorney Gen8 eral or the Deputy Attorney General based upon his find9 ing that it satisfies the criteria and requirements of such

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

11 include—

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

13 attorney making the application;

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

15 the Deputy Attorney General for the making of the

16 application;

17 ‘‘(3) the identity of the alien for whom author18 ization for the special removal procedure is sought;

19 and

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

21 relied on by the Department of Justice to establish

22 that—

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

24 paragraph 4(B) of section 214(a), as amended,
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1 and is physically present in the United States;

2 and

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

4 to the provisions of title II regarding the depor5 tation of aliens would pose a risk to the na6 tional security of the United States.

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

8 the court established under section 503. The Attorney

9 General may take into custody any alien with respect to

10 whom such an application has been filed and, notwith11 standing any other provision of law, may retain such an

12 alien in custody in accordance with the procedures author13 ized by this title.

14 ‘‘(2) An alien lawfully admitted for permanent resi15 dence (hereafter referred to as resident alien) shall be enti16 tled to a release hearing before the judge assigned to the

17 special removal case pursuant to section 503(a). The resi18 dent alien shall be granted release pending the special re19 moval hearing, upon such terms and conditions prescribed

20 by the court (including the posting of any monetary

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

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

23 release will not endanger national security or the safety

24 of any person or the community. The judge may consider
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1 classified information submitted in camera and ex parte

2 in making his determination.

3 ‘‘(c) In accordance with the rules of the court estab4 lished under section 503, the judge shall consider the ap5 plication and may consider other information, including

6 classified information, presented under oath or affirmation

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

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

9 The application and any other evidence shall be considered

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

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

12 submitted in the application and any other information

13 provided by the Department of Justice at the in camera

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

15 that—

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

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

19 amended; and

20 ‘‘(2) adherence to the provisions of title II re21 garding the deportation of the identified alien would

22 pose a risk to the national security of the United

23 States.

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

25 order is denied, the judge shall prepare a written state-
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1 ment of his reasons for the denial and the Department

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

3 States Court of Appeals for the District of Columbia Cir4 cuit by notice of appeal which must be filed within twenty

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

6 shall be transmitted to the Court of Appeals under seal

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

8 ‘‘(2) If the Department of Justice does not seek re9 view, the alien shall be released from custody, unless such

10 alien may be arrested and taken into custody pursuant

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

12 such alien shall be treated in accordance with the provi13 sions of this Act concerning the deportation of aliens.

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

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

16 alien who is the subject of the application has been cor17 rectly identified or is an alien as described in paragraph

18 4(B) of section 241(a), as amended, and the Department

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

20 custody unless such alien may be arrested and taken into

21 custody pursuant to title II as an alien subject to deporta22 tion, in which case such alien shall be treated in accord23 ance with the provisions of this Act concerning the depor24 tation of aliens simultaneously with the application of this

25 title.
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1 ‘‘(4) If the application for the order is denied be2 cause, although the judge found probable cause to believe

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

4 been correctly identified and is an alien as described in

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

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

7 adherence to the provisions of title II regarding the depor8 tation of the identified alien would pose a risk to the na9 tional security of the United States, the judge shall release

10 the alien from custody subject to the least restrictive con11 dition or combination of conditions of release described in

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

13 United States Code, that will reasonably assure the ap14 pearance of the alien at any future proceeding pursuant

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

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

17 condition or combination of conditions the alien shall re18 main in custody until the completion of any appeal author19 ized by this title. The provisions of sections 3145 through

20 3148 of title 18, United States Code, pertaining to review

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

22 failure to appear, penalties for an offense committed while

23 on release, and sanctions for violation of a release condi24 tion shall apply to an alien to whom the previous sentence

25 applies and—
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1 ‘‘(A) for purposes of section 3145 of such title

2 an appeal shall be taken to the United States Court

3 of Appeals for the District of Columbia Circuit; and

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

5 the alien shall be considered released in connection

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

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

9 order authorizing the special procedures of this title is ap10 proved, the judge who granted the order shall consider

11 each item of classified information the Department of Jus12 tice proposes to introduce in camera and ex parte at the

13 special removal hearing and shall order the introduction

14 of such information pursuant to subsection (j) if he deter15 mines the information to be relevant. The Department of

16 Justice shall prepare a written summary of such classified

17 information which does not pose a risk to national security

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

19 summary is sufficient to inform the alien of the general

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

21 paragraph 4(B) of section 241(a), as amended, and to per22 mit the alien to prepare a defense. The Department of

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

24 the summary.
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1 ‘‘(2) If the written summary is not approved by the

2 court, the Department shall be afforded reasonable oppor3 tunity to correct the deficiencies identified by the court

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

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

6 hearing shall be terminated unless the court issues a find7 ing that—

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

9 United States, or

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

11 would likely cause serious and irreparable harm to

12 the national security or death or serious bodily in13 jury to any person. If such finding is issued, the spe14 cial removal hearing shall continue, the Department

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

16 statement that no summary is possible, and the clas17 sified information submitted in camera and ex parte

18 may be used pursuant to subsection (j).

19 ‘‘(3) The Department of Justice may take an inter20 locutory appeal to the United States Court of Appeals for

21 the District of Columbia Circuit of—

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

23 to paragraph (1)—
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1 ‘‘(I) concerning whether an item of evi2 dence may be introduced in camera and ex

3 parte; or

4 ‘‘(II) concerning the contents of any sum5 mary of evidence to be introduced in camera

6 and ex parte prepared pursuant to paragraph

7 (1); or

8 ‘‘(B) the refusal of the court to make the find9 ing permitted by paragraph (2);

10 In any interlocutory appeal taken pursuant to this para11 graph, the entire record, including any proposed order of

12 the judge or summary of evidence, shall be transmitted

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

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

15 the appeal as expeditiously as possible.

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

17 is approved, the special removal hearing authorized by this

18 section shall be conducted for the purpose of determining

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

20 from the United States on the grounds that he is an alien

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

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

23 be given reasonable notice of the nature of the charges

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

25 charges. The alien shall be given notice, reasonable under
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1 all the circumstances, of the time and place at which the

2 hearing will be held. The hearing shall be held as expedi3 tiously as possible.

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

5 the same judge who granted the order pursuant to sub6 section (e) unless that judge is deemed unavailable due

7 to illness or disability by the chief judge of the court estab8 lished pursuant to section 503, or has died, in which case

9 the chief judge shall assign another judge to conduct the

10 special removal hearing. A decision by the chief judge pur11 suant to the preceding sentence shall not be subject to

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

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

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

15 hearing and to be represented by counsel. Any alien finan16 cially unable to obtain counsel shall be entitled to have

17 counsel assigned to represent him. Such counsel shall be

18 appointed by the judge pursuant to the plan for furnishing

19 representation for any person financially unable to obtain

20 adequate representation for the district in which the hear21 ing is conducted, as provided for in section 3006A of title

22 18, United States Code. All provisions of that section shall

23 apply and, for purposes of determining the maximum

24 amount of compensation, the matter shall be treated as

25 if a felony was charged. The alien may be called as a wit-
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1 ness by the Department of Justice. The alien shall have

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

3 as provided in subsection (j), the alien shall have a reason4 able opportunity to examine the evidence against him and

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

6 proceedings and of all testimony and evidence offered or

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

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

9 at the hearing, including evidence introduced under sub10 section (j).

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

12 removal hearing, either the alien or the Department of

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

14 presence of a named witness (which subpoena may also

15 command the person to whom it is directed to produce

16 books, papers, documents, or other objects designated

17 therein) upon a satisfactory showing that the presence of

18 the witness is necessary for the determination of any ma19 terial matter. Such a request may be made ex parte except

20 that the judge shall inform the Department of Justice of

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

22 material if compliance with such a subpoena would reveal

23 evidence or the source of evidence which has been intro24 duced, or which the Department of Justice has received

25 permission to introduce, in camera and ex parte pursuant
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1 to subsection (j), and the Department of Justice shall be

2 given a reasonable opportunity to oppose the issuance of

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

4 alien also makes a showing that the alien is financially

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

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

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

8 funds appropriated for the enforcement of title II. A sub9 poena under this subsection may be served anywhere in

10 the United States. A witness subpoenaed under this sub11 section shall receive the same fees and expenses as a wit12 ness subpoenaed in connection with a civil proceeding in

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

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

15 information.

16 ‘‘(j) When classified information has been summa17 rized pursuant to subsection (e)(1) or where a finding has

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

19 possible, classified information shall be introduced (either

20 in writing or through testimony) in camera and ex parte

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

22 such evidence or its sources other than through reference

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

24 Notwithstanding the previous sentence, the Department of

25 Justice may, in its discretion and, in the case of classified
49

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1 information, after coordination with the originating agen2 cy, elect to introduce such evidence in open session.

3 ‘‘(k) Evidence introduced at the special removal hear4 ing, either in open session or in camera and ex parte, may,

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

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

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

8 this section.

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

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

11 given fair opportunity to present argument as to whether

12 the evidence is sufficient to justify the removal of the

13 alien. The attorney for the Department of Justice shall

14 open the argument. the attorney for the alien shall be per15 mitted to reply. The attorney for the Department of Jus16 tice shall then be permitted to reply in rebuttal. The judge

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

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

19 and ex parte.

20 ‘‘(m) The Department of Justice has the burden of

21 showing by clear and convincing evidence that the alien

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

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

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

25 that the Department of Justice has met this burden, the
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1 judge shall order the alien removed and, if the alien is

2 a resident alien who was released pending the special re3 moval hearing, order the Attorney General to take the

4 alien into custody.

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

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

7 a written order containing a statement of facts found and

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

9 reveal the substance or source of information received in

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

11 be made available to the alien or the public.

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

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

14 States Court of Appeals for the District of Columbia Cir15 cuit by notice of appeal which must be filed within twenty

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

17 In any case appealed pursuant to this subsection, the en18 tire record shall be transmitted to the Court of Appeals

19 and information received pursuant to subsection (j), and

20 any portion of the judge’s order that would reveal the sub21 stance or source of such information shall be transmitted

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

23 as expeditiously as possible.

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

25 to either subsection (d) or (e) of this section, the Court
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1 of Appeals shall review questions of law de novo, but a

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

3 unless such finding was clearly erroneous.

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

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

6 released from custody unless such alien may be arrested

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

8 as an alien subject to deportation, in which case, for pur9 poses of detention, such alien may be treated in accord10 ance with the provisions of this Act concerning the depor11 tation of aliens.

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

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

14 or the Department of Justice may petition the Supreme

15 Court for a writ of certiorari. In any such case, any infor16 mation transmitted to the Court of Appeals under seal

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

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

19 shall not be stayed pending disposition of a writ of certio20 rari except as provided by the Court of Appeals or a Jus21 tice of the Supreme Court.

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

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

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

25 States from seeking protective orders and/or asserting
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1 privileges ordinarily available to the United States to pro2 tect against the disclosure of classified information, in3 cluding the invocation of the military and state secrets

4 privileges.

5 ‘‘DESIGNATION OF JUDGES

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

7 States shall publicly designate five district court judges

8 from five of the United States judicial circuits who shall

9 constitute a court which shall have jurisdiction to conduct

10 all matters and proceedings authorized by section 502.

11 The Chief Justice shall publicly designate one of the

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

13 shall promulgate rules to facilitate the functioning of the

14 court and shall be responsible for assigning the consider15 ation of cases to the various judges.

16 ‘‘(b) Proceedings under section 502 shall be con17 ducted as expeditiously as possible. The Chief Justice, in

18 consultation with the Attorney General, the Director of

19 Central Intelligence and other appropriate Federal offi20 cials, shall, consistent with the objectives of this title, pro21 vide for the maintenance of appropriate security measures

22 for applications for ex parte orders to conduct the special

23 removal hearings authorized by section 502, the orders

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

25 and for such other actions as are necessary to protect in-
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1 formation concerning matters before the court from harm2 ing the national security of the United States.

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

4 serve for a term of five years and shall be eligible for re5 designation, except that the four associate judges first des6 ignated under subsection (a) shall be designated for terms

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

8 shall expire each year.

9 ‘‘MISCELLANEOUS PROVISIONS

10 ‘‘SEC. 504. (a)(1) Following a determination pursu11 ant to this title that an alien shall be removed, and after

12 the conclusion of any judicial review thereof, the Attorney

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

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

15 the alien to custody, and shall cause the alien to be trans16 ported to any country which the alien shall designate pro17 vided such designation does not, in the judgment of the

18 Attorney General, in consultation with the Secretary of

19 State, impair the obligation of the United States under

20 any treaty (including a treaty pertaining to extradition)

21 or otherwise adversely affect the foreign policy of the

22 United States.

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

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

25 in consultation with the Secretary of State, determines
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1 that removal of the alien to the country so selected would

2 impair a treaty obligation or adversely affect United

3 States foreign policy, the Attorney General shall cause the

4 alien to be transported to any country willing to receive

5 such alien.

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

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

8 an order of exclusion because such alien is excludable

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

10 1182(a)(3)(B)), as amended, he shall be photographed

11 and fingerprinted, and shall be advised of the provisions

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

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

14 the Attorney General may, notwithstanding any other pro15 vision of law, retain the alien in custody. The Attorney

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

17 make periodic efforts to reach agreement with other coun18 tries to accept such an alien and at least every six months

19 shall provide to the alien a written report on his efforts.

20 Any alien in custody pursuant to this subsection shall be

21 released from custody solely at the discretion of the Attor22 ney General and subject to such conditions as the Attorney

23 General shall deem appropriate. The determinations and

24 actions of the Attorney General pursuant to this sub25 section shall not be subject to judicial review, including
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1 application for a writ of habeas corpus, except for a claim

2 by the alien that continued detention violates his rights

3 under the Constitution. Jurisdiction over any such chal4 lenge shall lie exclusively in the United States Court of

5 Appeals for the District of Columbia Circuit.

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

7 (a), the Attorney General may hold in abeyance the re8 moval of an alien who has been ordered removed pursuant

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

10 or State criminal charge and the service of any sentence

11 of confinement resulting from such a trial.

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

13 sentence of confinement by an alien described in para14 graph (1), such an alien shall remain in the custody of

15 the Attorney General, unless the Attorney General deter16 mines that temporary release of the alien to the custody

17 of State authorities for confinement in a State facility is

18 appropriate and would not endanger national security or

19 public safety.

20 ‘‘(3) Following the completion of a sentence of con21 finement by an alien described in paragraph (1) or follow22 ing the completion of State criminal proceedings which do

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

24 to the custody of State authorities pursuant to paragraph

25 (2), such an alien shall be returned to the custody of the
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1 Attorney General who shall proceed to carry out the provi2 sions of subsection (a) concerning removal of the alien.

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

4 United States Code, an alien in the custody of the Attor5 ney General pursuant to this title shall be subject to the

6 penalties provided by those sections in relation to a person

7 committed to the custody of the Attorney General by vir8 tue of an arrest on a charge of felony.

9 ‘‘(d)(1) An alien in the custody of the Attorney Gen10 eral pursuant to this title shall be given reasonable oppor11 tunity to communicate with and receive visits from mem12 bers of his family, and to contact, retain, and commu13 nicate with an attorney.

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

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

16 appropriate diplomatic or consular official of the alien’s

17 country of citizenship or nationality or of any country pro18 viding representation services therefor. The Attorney Gen19 eral shall notify the appropriate embassy, mission, or con20 sular office of the alien’s detention.’’.

21 (c) ADDITIONAL AMENDMENTS TO INA.—(1) Sub22 section 106(b) of the Immigration and Nationality Act (8

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

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

25 entered pursuant to the provisions of section 235(c) of this
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1 Act concerning an alien excludable under paragraph 3(B)

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

3 shall rest exclusively in the United States Court of Appeals

4 for the District of Columbia Circuit.’’.

5 (2) Section 276(b) of the Immigration and National6 ity Act (8 U.S.C. 1326(b)) is amended by deleting the

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

8 the period at the end of subparagraph (b)(2) with a semi9 colon followed by the word ‘‘or’’, and by adding at the

10 end of paragraph (b) the following subparagraph:

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

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

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

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

15 (8 U.S.C. 1182(a)(2)(B)), as amended, or who has

16 been removed from the United States pursuant to

17 the provisions of title V of the Immigration and Na18 tionality Act, and who thereafter, without the per19 mission of the Attorney General, enters the United

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

21 18, United States Code, and imprisoned for a period

22 of ten years which sentence shall not run concur23 rently with any other sentence.’’

24 (3) Section 106(a) of the Immigration and National25 ity Act (8 U.S.C. 1105a(a)) is amended by striking from
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1 the end of subparagraph 9 the semicolon and the word

2 ‘‘and’’ and inserting a period in lieu thereof, and by strik3 ing subparagraph 10.

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

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

6 aliens without regard to the date of entry or attempted

7 entry into the United States.

8 SEC. 202. CHANGES TO THE IMMIGRATION AND NATIONAL9 ITY ACT TO FACILITATE REMOVAL OF ALIEN

10 TERRORISTS.

11 (a) Section 212(a)(3)(B) of the Immigration and Na12 tionality Act (8 U.S.C. 1182(a)(3)(B)) is amended to read

13 as follows:

14 ‘‘(B) TERRORISM ACTIVITIES.—

15 ‘‘(i) IN GENERAL.—Any alien who—

16 ‘‘(I) has engaged in a terrorism

17 activity, or

18 ‘‘(II) a consular officer or the At19 torney General knows, or has reason

20 to believe, is likely to engage after

21 entry in any terrorism activity (as de22 fined in clause (iii)),

23 is excludable. An alien who is a representa24 tive of the Palestine Liberation Organiza25 tion, or any terrorist organization des-
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1 ignated by proclamation by the President

2 after he has found such organization to be

3 detrimental to the interest of the United

4 States, is considered, for purposes of this

5 Act, to be engaged in a terrorism activity.

6 As used in clause (B)(i), the term ‘‘rep7 resentative’’ includes an officer, official, or

8 spokesman of the organization and any

9 person who directs, counsels, commands or

10 induces such organization or its members

11 to engage in terrorism activity. For pur12 poses of subparagraph (3)(B)(i), the deter13 mination by the Secretary of State or the

14 Attorney General that an alien is a rep15 resentative of the organization shall be

16 controlling and shall not be subject to re17 view by any court.

18 ‘‘(ii) TERRORISM ACTIVITY DE19 FINED.—As used in this Act, the term

20 ‘‘terrorism activity’ means any activity

21 which is unlawful under the laws of the

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

23 had been committed in the United States,

24 would be unlawful under the laws of the
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1 United States or any State), and which in2 volves any of the following:

3 ‘‘(I) The hijacking or sabotage of

4 any conveyance (including an aircraft,

5 vessel, or vehicle).

6 ‘‘(II) The seizing or detaining,

7 and threatening to kill, injure, or con8 tinue to detain, another individual in

9 order to compel a third person (in10 cluding a governmental organization)

11 to do or abstain from doing any act as

12 an explicit or implicit condition for

13 the release of the individual seized or

14 detained.

15 ‘‘(III) A violent attack upon an

16 internationally protected person (as

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

18 18, United States Code) or upon the

19 liberty of such a person.

20 ‘‘(IV) An assassination.

21 ‘‘(V) The use of any—

22 ‘‘(aa) biological agent, chem23 ical agent, or nuclear weapon or

24 device, or
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1 ‘‘(bb) explosive, firearm, or

2 other weapon (other than for

3 mere personal monetary gain),

4 with intent to endanger, directly, or

5 indirectly, the safety of one or more

6 individuals or to cause substantial

7 damage to property.

8 ‘‘(VI) A threat, attempt, or con9 spiracy to do any of the foregoing.

10 ‘‘(iii) ENGAGE IN TERRORISM ACTIV11 ITY DEFINED.—As used in this Act, the

12 term ‘engage in terrorism activity’ means

13 to commit, in an individual capacity or as

14 a member of an organization, an act of ter15 rorism activity or an act which the actor

16 knows, or reasonably should know, affords

17 material support to any individual, organi18 zation, or government which the actor

19 knows or reasonably should know has com20 mitted or plans to commit terrorism activ21 ity, including any of the following acts:

22 ‘‘(I) The preparation or planning

23 of terrorism activity.
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1 ‘‘(II) The gathering of informa2 tion on potential targets for terrorism

3 activity.

4 ‘‘(III) The providing of any type

5 of material support, including a safe

6 house, transportation, communica7 tions, funds, false documentation or

8 identification, weapons, explosives, or

9 training.

10 ‘‘(IV) The soliciting of funds or

11 other things of value for terrorism ac12 tivity or for any terrorist organization.

13 ‘‘(V) The solicitation of any indi14 vidual for membership in a terrorist

15 organization, terrorist government, or

16 to engage in a terrorism activity.

17 ‘‘(iv) TERRORIST ORGANIZATION DE18 FINED.—As used in this Act, the term ‘ter19 rorist organization’ means any organiza20 tion engaged, or which has a significant

21 subgroup which engages, in terrorism ac22 tivity, regardless of any legitimate activi23 ties conducted by the organization or its

24 subgroups.
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1 ‘‘(v) TERRORISM DEFINED.—As used

2 in this Act, the term ‘terrorism’ means

3 premeditated, politically motivated violence

4 perpetrated against noncombatant tar5 gets.’’.

6 (b) Section 241(a)(4)(B) of the Immigration and Na7 tionality Act (8 U.S.C. 1251(a)(4)(B)) is amended to read

8 as follows:

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

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

11 engages in any terrorism activity (as defined in sec12 tion 212(a)(3)(B)).’’.

13 (c) Section 291 of the Immigration and Nationality

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

15 of the Service.’’ this new sentence: ‘‘The limited produc16 tion authorized by this provision shall not extend to the

17 records of any other agency or department of the Govern18 ment or to any documents that do not pertain to the re19 spondent’s entry.’’.

20 (d) Section 242(b)(3) of the Immigration and Nation21 ality Act (8 U.S.C. 1252(b)(3)) is amended by inserting

22 after ‘‘Government’’ the following: ‘‘. In the case of an

23 alien who is not lawfully admitted for permanent residence

24 and notwithstanding the provisions of any other law, rea25 sonable opportunity shall not comprehend access to classi-
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1 fied information, whether or not introduced in evidence

2 against him. The provisions and requirements of 18

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

4 in such cases.’’

5 SEC. 203. ACCESS TO CERTAIN CONFIDENTIAL INS FILES

6 THROUGH COURT ORDER.

7 (a) Section 245A(c)(5) of the Immigration and Na8 tionality Act (8 U.S.C. 1255a(c)(5)) is amended by—

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

10 General’’; and

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

12 ‘‘and

13 ‘‘(ii) may authorize an application to

14 a Federal court of competent jurisdiction

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

16 an order authorizing disclosure of informa17 tion contained in the application of the

18 alien to be used:

19 ‘‘(I) for identification of the alien

20 when there is reason to believe that

21 the alien has been killed or severely

22 incapacitated; or

23 ‘‘(II) for criminal law enforce24 ment purposes against the alien whose

25 application is to be disclosed if the al-
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1 leged criminal activity occurred after

2 the legalization application was filed

3 and such activity poses either an im4 mediate risk to life or to national se5 curity or would be prosecutable as an

6 aggravated felony, but without regard

7 to the length of sentence that could be

8 imposed on the applicant.’’.

9 (b)(1) Section 210(b)(5) of the Immigration and Na10 tionality Act (8 U.S.C. 1160(b)(5)) is amended by insert11 ing ‘‘, except as allowed by a court order issued pursuant

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

13 alien’’.

14 (2) Section 210(b)(6) of the Immigration and Nation15 ality Act (8 U.S.C. 1160 (b)(6)) is amended by inserting

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

17 the Attorney General may authorize an application to a

18 Federal court of competent jurisdiction for, and a judge

19 of such court may grant an order authorizing disclosure

20 of information contained in the application of the alien

21 to be used:

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

23 there is reason to believe that the alien has

24 been killed or severely incapacitated; or
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1 ‘‘(F) for criminal law enforcement pur2 poses against the alien whose application is to

3 be disclosed if the alleged criminal activity oc4 curred after the special agricultural worker ap5 plication was filed and such activity poses either

6 an immediate risk to life or to national security

7 or would be prosecutable as an aggravated fel8 ony, but without regard to the length of sen9 tence that could be imposed on the applicant.’’.

10 TITLE III—CONTROLS OVER TERRORIST

11 FUND-RAISING

12 SEC. 301. TERRORIST FUND-RAISING PROHIBITED.

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

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

15 section:

16 ‘‘§ 2339B. Fund-raising for terrorist organizations

17 ‘‘(a) FINDINGS AND PURPOSE.—

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

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

20 problem which threatens the interests of the

21 United States both overseas and within our ter22 ritory;

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

24 gravely impacted by terrorist attacks carried

25 out overseas against United States Government
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1 facilities and officials, as well as against other

2 American citizens present in foreign countries;

3 ‘‘(C) United States foreign policy interests

4 are profoundly affected by terrorist acts over5 seas directed against foreign governments and

6 their people;

7 ‘‘(D) United States economic interests are

8 significantly impacted by terrorist attacks car9 ried out in foreign countries against United

10 States citizens and businesses;

11 ‘‘(E) international cooperation is required

12 for an effective response to terrorism, as dem13 onstrated by the numerous multilateral conven14 tions in force providing universal prosecutive ju15 risdiction over persons involved in a variety of

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

17 an internationally protected person, and aircraft

18 piracy and sabotage;

19 ‘‘(F) some foreign terrorist organizations,

20 acting through affiliated groups or individuals,

21 raise significant funds within the United States

22 or use the United States as a conduit for their

23 receipt of funds raised in other nations; and

24 ‘‘(G) the provision of funds to organiza25 tions that engage in terrorism serves to facili-
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1 tate their terrorist endeavors, regardless of

2 whether the funds, in whole or in part, are in3 tended or claimed to be used for non-violent

4 purposes.

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

6 the Federal Government the fullest possible basis,

7 consistent with the Constitution, to prevent persons

8 within the United States or subject to the jurisdic9 tion of the United States from providing funds, di10 rectly or indirectly, to foreign organizations, includ11 ing subordinate or affiliated persons, designated by

12 the President as engaging in terrorism, unless au13 thorized under this section.

14 ‘‘(b) AUTHORITY.—Notwithstanding any other provi15 sion of law, the President is authorized, under such regu16 lations as he may prescribe, to regulate or prohibit—

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

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

19 including persons assisting such organization in

20 fund-raising, that the President has designated pur21 suant to subsection (c) as being engaged in terror22 ism activities, or

23 ‘‘(2) financial transactions with any such for24 eign organization,
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1 within the United States or by any person subject to the

2 jurisdiction of the United States anywhere.

3 ‘‘(c) DESIGNATION.—

4 ‘‘(1) Pursuant to the authority granted in sub5 section (b), the President is authorized to designate

6 any foreign organization based on finding that—

7 ‘‘(A) the organization engages in terrorism

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

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

10 1182(a)(3)(B)); and

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

12 threaten the national security, foreign policy, or

13 economy of the United States.

14 ‘‘(2) Pursuant to the authority granted in sub15 section (b), the President is also authorized to des16 ignate persons which are raising funds for, or acting

17 for or on behalf of, any organization designated pur18 suant to subsection (c)(1) above.

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

20 which were the basis for any designation issued

21 under this subsection have changed in such a man22 ner as to warrant revocation of such designation, or

23 that the national security, foreign relations, or eco24 nomic interests of the United States so warrant, he

25 may revoke such designation in whole or in part.
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1 ‘‘(4) Any designation, or revocation thereof, is2 sued pursuant to this subsection shall be published

3 in the Federal Register and shall become effective

4 immediately on publication.

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

6 affect any action or proceeding based on any con7 duct committed prior to the effective date of such

8 revocation.

9 ‘‘(6) Any finding made in any designation is10 sued pursuant to paragraph (1) of this subsection

11 that a foreign organization engages in terrorism ac12 tivity shall be conclusive. No question concerning the

13 validity of the issuance of such designation may be

14 raised by a defendant in a criminal prosecution as

15 a defense in or as an objection to any trial or hear16 ing if such designation was issued and published in

17 the Federal Register in accordance with this sub18 section.

19 ‘‘(d) PROHIBITED ACTIVITIES.—

20 ‘‘(1) Except as authorized pursuant to the pro21 cedures in subsection (e), it shall be unlawful for

22 any person within the United States, or any person

23 subject to the jurisdiction of the United States any24 where, to directly or indirectly, raise, receive or col25 lect on behalf of, or furnish, give, transmit, transfer
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1 or provide funds to or for an organization or person

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

3 to attempt to do any of the foregoing.

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

5 the United States or any person subject to the juris6 diction of the United States anywhere, acting for or

7 on behalf of any organization or person designated

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

9 receive any funds raised in violation of subsection

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

11 funds in which any organization or person des12 ignated pursuant to subsection (c) has an interest.

13 ‘‘(e) AUTHORIZED TRANSACTIONS.—

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

15 consistent with the provisions of this subsection, set16 ting forth the procedures to be followed by persons

17 seeking to raise or provide funds for an organization

18 designated under subsection (c)(1).

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

20 any person subject to the jurisdiction of the United

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

22 transfer funds to any organization or person des23 ignated under subsection (c) shall, regardless of

24 whether it has an agency relationship with the des25 ignated organization or person, first obtain a license
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1 from the Secretary and may thereafter solicit funds

2 or transfer funds to a designated organization or

3 person only as permitted under the terms of a li4 cense issued by the Secretary.

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

6 after the person establishes to the satisfaction of the

7 Secretary that—

8 ‘‘(A) the funds are intended to be used ex9 clusively for religious, charitable, literary, or

10 educational purposes; and

11 ‘‘(B) all recipient organizations in any

12 fund-raising chain have effective procedures in

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

14 exclusively for religious, charitable, literary, or

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

16 to offset a transfer of funds to be used in ter17 rorist activity.

18 ‘‘(4) Any person granted a license shall main19 tain books and records, as required by the Secretary,

20 that establish the source of all funds it receives, ex21 penses it incurs, and disbursements it makes. Such

22 books and records shall be made available for inspec23 tion within two business days of a request by the

24 Secretary. Any person granted a license shall also

25 have an agreement with any recipient organization
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1 or person that such organization’s or person’s books

2 and records, wherever located, must be made avail3 able for inspection of the Secretary upon a request

4 of the Secretary at a place and time agreeable to

5 that organization or person and the Secretary.

6 ‘‘(5) The Secretary may also provide by regula7 tion procedures for the licensing of transactions oth8 erwise prohibited by this section in cases found by

9 the Secretary to be consistent with the statement of

10 purpose in subsection (a)(2).

11 ‘‘(f) SPECIAL REQUIREMENTS FOR FINANCIAL INSTI12 TUTIONS.—

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

14 means of directives, regulations, or licenses, any fi15 nancial institution which 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
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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 ten days

7 after 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 ten days

11 after the financial institution obtained posses12 sion of or control over the funds.

13 ‘‘(g) 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 (1) a licensee’s compliance with the

18 terms of a license issued by the Secretary pursuant to sub19 section (e) of this section, (2) a financial institution’s com20 pliance with the requirements of subsection (f) of this sec21 tion, and (3) civil penalty proceedings authorized pursuant

22 to subsection (i) of this section, shall be conducted in co23 ordination with the Attorney General by the office within

24 the Department of the Treasury responsible for licensing

25 and civil penalty proceedings authorized by this section.
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1 Any evidence of a criminal violation of this section arising

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

3 other Federal agency shall be referred immediately to the

4 Attorney General for further investigation. The Attorney

5 General shall timely notify the Secretary of any action

6 taken on referrals from the Secretary, and may refer in7 vestigations to the Secretary for remedial licensing or civil

8 penalty action.

9 ‘‘(h) RECORDKEEPING AND REPORTING; CIVIL PRO10 CEDURES.—

11 ‘‘(1) Notwithstanding any other provision of

12 law, in exercising the authorities granted by this sec13 tion, the Secretary and the Attorney General may

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

15 furnish under oath, in the form of reports or other16 wise, complete information relative to any act or

17 transaction referred to in this section either before,

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

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

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

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

22 under this subsection, the Secretary or the Attorney

23 General may require the production of any books of

24 account, records, contracts, letters, memoranda, or

25 other papers or documents, whether maintained in
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1 hard copy or electronically, in the control or custody

2 of such person.

3 ‘‘(2) Compliance with any regulation, instruc4 tion, or direction issued under this section shall to

5 the extent thereof be a full acquittance and dis6 charge for all purposes of the obligation of the per7 son making the same. No person shall be held liable

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

9 omitted in good faith in connection with the admin10 istration of, or pursuant to and in reliance on, this

11 section, or any regulation, instruction, or direction

12 issued under this section.

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

14 section, the Secretary and the Attorney General may

15 hold hearings, sign and issue subpoenas, administer

16 oaths, examine witnesses, and receive evidence.

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

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

19 General may invoke the aid of any court of the Unit20 ed States within the jurisdiction of which the inves21 tigation is carried on or of which the subpoenaed

22 person is an inhabitant, or in which the subpoenaed

23 person carries on business or may be found, to com24 pel compliance with the subpoena. The court may

25 issue an order requiring the subpoenaed person to
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1 appear before the agency issuing the subpoena, or

2 other order or direction, to produce records, if so or3 dered, or to give testimony touching the matter

4 under investigation. Any failure to obey the order of

5 the court may be punished by the court as a con6 tempt thereof. All process in any such case may be

7 served in any judicial district in which such person

8 may be found.

9 ‘‘(i) PENALTIES.—

10 ‘‘(1) Any person who knowingly violates sub11 section (d) shall be fined under this title, or impris12 oned for up to ten years, or both.

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

14 make available to the Secretary upon his request or

15 demand the books or records required by subsection

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

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

18 amount of money which would have been docu19 mented had the books and records been properly

20 maintained, whichever is greater.

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

22 required of financial institutions pursuant to sub23 section (f)(1), or by regulations promulgated there24 under, shall be subject to a civil penalty of $50,000

25 per violation, or twice the amount of money of which
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1 the financial institution was required to retain pos2 session or control, whichever is greater.

3 ‘‘(C) Except as otherwise specified in this sec4 tion, any person who violates any license, order, di5 rection, or regulation issued pursuant to this section

6 shall be subject to a civil penalty of $50,000 per vio7 lation, or twice the value of the violation, whichever

8 is greater.

9 ‘‘(3) Any person who intentionally fails to main10 tain or to make available to the Secretary the books

11 or records required by subsection (e), or by regula12 tions promulgated thereunder, shall be fined under

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

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

15 under (h) (1) or (3) of this section shall, upon con16 viction, forfeit any charitable designation it might

17 have received under the Internal Revenue Code.

18 ‘‘(j) INJUNCTION.—

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

20 the Attorney General that any person is engaged in,

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

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

23 Attorney General may initiate civil action in a dis24 trict court of the United States to enjoin such viola25 tion.
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1 ‘‘(2) A proceeding under this subsection is gov2 erned by the Federal Rules of Civil Procedure, ex3 cept that, if an indictment has been returned against

4 the respondent, discovery is governed by the Federal

5 Rules of Criminal Procedure.

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

7 extraterritorial Federal jurisdiction over an offense under

8 this section.

9 ‘‘(l) CLASSIFIED INFORMATION IN CIVIL PROCEED10 INGS BROUGHT BY THE UNITED STATES.—

11 ‘‘(1) DISCOVERY OF CLASSIFIED INFORMATION

12 BY DEFENDANTS.—A court, upon a sufficient show13 ing, may authorize the United States to delete speci14 fied items of classified information from documents

15 to be introduced into evidence and/or made available

16 to the defendant through discovery under the Fed17 eral Rules of Civil Procedure, to substitute a sum18 mary of the information for such classified docu19 ments, or to substitute a statement admitting rel20 evant facts that the classified information would

21 tend to prove. The court shall permit the United

22 States to make a request for such authorization in

23 the form of a written statement to be inspected by

24 the court alone. If the court enters an order grant25 ing relief following such an ex parte showing, the en-
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1 tire text of the statement of the United States shall

2 be sealed and preserved in the records of the court

3 to be made available to the appellate court in the

4 event of an appeal. If the court enters an order de5 nying relief to the United States under this provi6 sion, the United States may take an immediate, in7 terlocutory appeal in accordance with the provisions

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

9 such an appeal, the entire text of the underlying

10 written statement of the United States, together

11 with any transcripts of arguments made ex parte to

12 the court in connection therewith, shall be main13 tained under seal and delivered to the appellate

14 court.

15 ‘‘(2) INTRODUCTION OF CLASSIFIED INFORMA16 TION; PRECAUTIONS BY COURT.—

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

18 order to prevent unnecessary or inadvertent dis19 closure of classified information in a civil trial

20 or other proceeding brought by the United

21 States under this section, may petition the

22 court ex parte to admit, in lieu of classified

23 writings, recordings or photographs, one or

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

25 from which classified information has been de-
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1 leted, (ii) stipulations admitting relevant facts

2 that specific classified information would tend

3 to prove, or (iii) a summary of the specific clas4 sified information. The court shall grant such a

5 motion of the United States if it finds that the

6 redacted item, stipulation, or summary will pro7 vide the defendant with substantially the same

8 ability to make his defense as would disclosure

9 of the specific classified information.

10 ‘‘(B) TAKING OF TRIAL TESTIMONY.—Dur11 ing the examination of a witness in any civil

12 proceeding brought by the United States under

13 this section, the United States may object to

14 any question or line of inquiry that may require

15 the witness to disclose classified information not

16 previously found to be admissible. Following

17 such an objection, the court shall take suitable

18 action to determine whether the response is ad19 missible and, in doing so, shall take precautions

20 to guard against the compromise of any classi21 fied information. Such action may include per22 mitting the United States to provide the court,

23 ex parte, with a proffer of the witness’s re24 sponse to the question or line of inquiry, and

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

2 he 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) of this subsection.

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 authorizing

12 the disclosure of classified information, impos13 ing sanctions for nondisclosure of classified in14 formation, or refusing a protective order sought

15 by the United States to prevent the disclosure

16 of classified information.

17 ‘‘(B) An appeal taken pursuant to this sec18 tion either before or during trial shall be expe19 dited by the court of appeals. Prior to trial, an

20 appeal shall be taken within ten days after the

21 decision or order appealed from and the trial

22 shall not commence until the appeal is resolved.

23 If an appeal is taken during trial, the trial

24 court shall adjourn the trial until the appeal is

25 resolved and the court of appeals (1) shall hear
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1 argument on such appeal within four days of

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

3 with written briefs other than the supporting

4 materials previously submitted to the trial

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

6 days of argument on appeal, and (4) may dis7 pense with the issuance of a written opinion in

8 rendering its decision. Such appeal and decision

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

10 subsequent appeal from a final judgment, to

11 claim as error reversal by the trial court on re12 mand of a ruling appealed from during trial.

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

14 the United States from seeking protective orders

15 and/or asserting privileges ordinarily available to the

16 United States to protect against the disclosure of

17 classified information, including the invocation of the

18 military and State secrets privilege.

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

20 term—

21 ‘‘(1) ‘classified information’ means any infor22 mation or material that has been determined by the

23 United States Government pursuant to an Executive

24 order, statute, or regulation, to require protection

25 against unauthorized disclosure for reasons of na-
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1 tional security and any restricted data, as defined in

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

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

4 ‘‘(2) ‘financial institution’ has the meaning pre5 scribed in section 5312(a)(2) of title 31, United

6 States Code, including any regulations promulgated

7 thereunder;

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

9 United States or any other country, traveler’s

10 checks, personal checks, bank checks, money orders,

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

12 any other negotiable instrument, and any electronic

13 representation of any of the foregoing;

14 ‘‘(4) ‘national security’ means the national de15 fense and foreign relations of the United States;

16 ‘‘(5) ‘person’ includes an individual, partner17 ship, association, group, corporation, or other orga18 nization;

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

20 Treasury; and

21 ‘‘(7) ‘United States’, when used in a geographi22 cal sense, includes all commonwealths, territories,

23 and possessions of the United States.’’.
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1 (b) TECHNICAL AMENDMENT.—The analysis for

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

3 by adding at the end thereof the following:

‘‘2339B. Fund-raising for terrorist organizations’’.

4 (c) Section 212(a)(3)(B)(i) of the Immigration and

5 Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)), as amended

6 by section 202(a) of this Act, is further amended by in7 serting after the phrase ‘‘Palestine Liberation Organiza8 tion’’ the following: ‘‘, an organization designated by the

9 President under section 2339B of title 18, United States

10 Code’’.

11 (d) The provisions of section 2339B(k) of title 18,

12 United States Code (relating to classified information in

13 civil proceedings brought by the United States), shall also

14 be applicable to civil proceedings brought by the United

15 States under the International Emergency Economic Pow16 ers Act (50 U.S.C. 1701 et seq.).

17 TITLE IV—CONVENTION ON THE

18 MARKING OF PLASTIC EXPLOSIVES

19 SEC. 401. SHORT TITLE.

20 This title may be cited as the ‘‘Marking of Plastic

21 Explosives for Detection Act.’’.

22 SEC. 402. FINDINGS AND PURPOSES.

23 (a) FINDINGS.—The Congress finds that—
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1 (1) plastic explosives were used by terrorists in

2 the bombings of Pan Am flight 103 in December

3 1988 and UTA flight 772 in September 1989;

4 (2) plastic explosives can be used with little

5 likelihood of detection for acts of unlawful inter6 ference with civil aviation, maritime navigation, and

7 other modes of transportation;

8 (3) the criminal use of plastic explosives places

9 innocent lives in jeopardy, endangers national secu10 rity, affects domestic tranquillity, and gravely affects

11 interstate and foreign commerce;

12 (4) the marking of plastic explosives for the

13 purpose of detection would contribute significantly to

14 the prevention and punishment of such unlawful

15 acts; and

16 (5) for the purpose of deterring and detecting

17 such unlawful acts, the Convention on the Marking

18 of Plastic Explosives for the Purpose of Detection,

19 Done at Montreal on 1 March 1991, requires each

20 contracting State to adopt appropriate measures to

21 ensure that plastic explosives are duly marked and

22 controlled.

23 (b) PURPOSE.—The purpose of this Act is to fully

24 implement the Convention on the Marking of Plastic Ex-
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1 plosives for the Purpose of Detection, Done at Montreal

2 on 1 March 1991.

3 SEC. 403. DEFINITIONS.

4 Section 841 of title 18, United States Code, is

5 amended by adding at the end the following new sub6 sections:

7 ‘‘(o) ‘Convention on the Marking of Plastic Explo8 sives’ means the Convention on the Marking of Plastic Ex9 plosives for the Purpose of Detection, Done at Montreal

10 on 1 March 1991.

11 ‘‘(p) ‘Detection agent’ means any one of the sub12 stances specified in this subsection when introduced into

13 a plastic explosive or formulated in such explosive as a

14 part of the manufacturing process in such a manner as

15 to achieve homogeneous distribution in the finished explo16 sive, including—

17 ‘‘(1) Ethylene glycol dinitrate (EGDN),

18 C2H4(NO3)2, molecular weight 152, when the mini19 mum concentration in the finished explosive is 0.2

20 percent by mass;

21 ‘‘(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),

22 c6H12(NO2)2, molecular weight 176, when the mini23 mum concentration in the finished explosive is 0.1

24 percent by mass;
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1 ‘‘(3) Para-Mononitrotoluene (p-MNT),

2 C7H7NO2, molecular weight 137, when the minimum

3 concentration in the finished explosive is 0.5 percent

4 by mass;

5 ‘‘(4) Ortho-Mononitrotoluene (o-MNT),

6 C7H7NO2, molecular weight 137, when the minimum

7 concentration in the finished explosive is 0.5 percent

8 by mass; and

9 ‘‘(5) any other substance in the concentration

10 specified by the Secretary, after consultation with

11 the Secretary of State and the Secretary of Defense,

12 which has been added to the table in part 2 of the

13 Technical Annex to the Convention on the Marking

14 of Plastic Explosives.

15 ‘‘(q) ‘Plastic explosive’ means an explosive material

16 in flexible or elastic sheet form formulated with one or

17 more high explosives which in their pure form have a

18 vapor pressure less than 10¥4 Pa at a temperature of

19 25°C., is formulated with a binder material, and is as a

20 mixture malleable or flexible at normal room tempera21 ture.’’.
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1 SEC. 404. REQUIREMENT OF DETECTION AGENTS FOR

2 PLASTIC EXPLOSIVES.

3 Section 842 of title 18, United States Code, is

4 amended by adding after subsection (k) the following new

5 subsections:

6 ‘‘(l) It shall be unlawful for any person to manufac7 ture any plastic explosive which does not contain a detec8 tion agent.

9 ‘‘(m)(1) it shall be unlawful for any person to import

10 or bring into the United States, or export from the United

11 States, any plastic explosive which does not contain a de12 tection agent.

13 ‘‘(2) This subsection does not apply to the importa14 tion or bringing into the United States, or the exportation

15 from the United States, of any plastic explosive which was

16 imported, brought into, or manufactured in the United

17 States prior to the effective date of the Marking of Plastic

18 Explosives for Detection Act by or on behalf of any agency

19 of the United States performing military or police func20 tions (including any military Reserve component) or by or

21 on behalf of the National Guard of any State, not later

22 than fifteen years after the date of entry into force of the

23 Convention on the Marking of Plastic Explosives, with re24 spect to the United States.
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1 ‘‘(n)(1) It shall be unlawful for any person to ship,

2 transport, transfer, receive, or possess any plastic explo3 sive which does not contain a detection agent.

4 ‘‘(2) This subsection does not apply to—

5 ‘‘(A) the shipment, transportation, transfer, re6 ceipt, or possession of any plastic explosive, which

7 was imported, brought into, or manufactured in the

8 United States prior to the effective date of this Act

9 by any person during a period not exceeding three

10 years after the effective date of this Act; or

11 ‘‘(B) the shipment, transportation, transfer, re12 ceipt, or possession of any plastic explosive, which

13 was imported, brought into, or manufactured in the

14 United States prior to the effective date of this Act

15 by or on behalf of any agency of the United States

16 performing a military or police function (including

17 any military reserve component) or by or on behalf

18 of the National Guard of any State, not later than

19 fifteen years after the date of entry into force of the

20 Convention on the Marking of Plastic Explosives,

21 with respect to the United States.

22 ‘‘(o) It shall be unlawful for any person, other than

23 an agency of the United States (including any military re24 serve component) or the National Guard of any State, pos25 sessing any plastic explosive on the effective date of this
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1 Act, to fail to report to the Secretary within one hundred

2 twenty days from the effective date of this Act the quan3 tity of such explosives possessed, the manufacturer or im4 porter, any marks of identification on such explosives, and

5 such other information as the Secretary may by regula6 tions prescribe.’’.

7 SEC. 405. CRIMINAL SANCTIONS.

8 Section 844(a) of title 18, United States Code, is

9 amended to read as follows:

10 ‘‘(a) Any person who violates subsections (a) through

11 (i) or (1) through (o) of section 842 of this chapter shall

12 be fined under this title or imprisoned not more than ten

13 years, or both.’’.

14 SEC. 406. EXCEPTIONS.

15 Section 845 of title 18, United States Code, is

16 amended—

17 (1) in subsection (a), by inserting ‘‘(l), (m), (n),

18 or (o) of section 842 and subsections’’ after ‘‘sub19 sections’’;

20 (2) by adding at the end of subsection (a)(1)

21 ‘‘and which pertains to safety’’; and

22 (3) by adding at the end the following new sub23 section:

24 ‘‘(c) It is an affirmative defense against any proceed25 ing involving sections 842 (l) through (o) if the proponent
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1 proves by a preponderance of the evidence that the plastic

2 explosive—

3 ‘‘(1) consisted of a small amount of plastic ex4 plosive intended for and utilized solely in lawful—

5 ‘‘(A) research, development, or testing of

6 new or modified explosive materials;

7 ‘‘(B) training in explosives detection or de8 velopment or testing of explosives detection

9 equipment; or

10 ‘‘(C) forensic science purposes; or

11 ‘‘(2) was plastic explosive which, within three

12 years after the date of entry into force of the Con13 vention on the Marking of Plastic Explosives, with

14 respect to the United States, will be or is incor15 porated in a military device within the territory of

16 the United States and remains an integral part of

17 such military device, or is intended to be, or is incor18 porated in, and remains an integral part of a mili19 tary device that is intended to become, or has be20 come, the property of any agency of the United

21 States performing military or police functions (in22 cluding any military reserve component) or the Na23 tional Guard of any State, wherever such device is

24 located. For purposes of this subsection, the term

25 ‘military device’ includes, but is not restricted to,
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1 shells, bombs, projectiles, mines, missiles, rockets,

2 shaped charges, grenades, perforators, and similar

3 devices lawfully manufactured exclusively for mili4 tary or police purposes.’’.

5 SEC. 407. INVESTIGATIVE AUTHORITY.

6 Section 846 of title 18, United States Code, is

7 amended—

8 (1) by inserting in the last sentence before the

9 ‘‘subsection’’ the phrase ‘‘subsection (m) or (n) of

10 section 842 or;’’, and

11 (2) by adding at the end the following: ‘‘The

12 Attorney General shall exercise authority over viola13 tions of subsection (m) or (n) of section 842 only

14 when they are committed by a member of a terrorist

15 or revolutionary group. In any matter involving a

16 terrorist or revolutionary group or individual, as de17 termined by the Attorney General, the Attorney

18 General shall have primary investigative responsibil19 ity and the Secretary shall assist the Attorney Gen20 eral as requested.’’.

21 SEC. 408. EFFECTIVE DATE.

22 The amendments made by this title shall take effect

23 one year after the date of the enactment of this Act.
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1 TITLE V—NUCLEAR MATERIALS

2 SEC. 501. EXPANSION OF NUCLEAR MATERIALS PROHIBI3 TIONS.

4 (a)(1) FINDINGS.—The Congress finds and declares:

5 (A) Nuclear materials, including byproduct ma6 terials, can be used to create radioactive dispersal

7 devices which are capable of causing serious bodily

8 injury as well as substantial damage to property and

9 the environment.

10 (B) The potential use of nuclear materials, in11 cluding byproduct materials, enhances the threat

12 posed by terrorist activities and thereby has a great13 er effect on the security interests of the United

14 States.

15 (C) Due to the widespread hazards presented

16 by the threat of nuclear contamination, as well as

17 nuclear bombs, the United States has a strong inter18 est in assuring that persons who are engaged in the

19 illegal acquisition and use of nuclear materials, in20 cluding byproduct materials, are prosecuted for their

21 offenses.

22 (D) The threat that nuclear materials will be

23 obtained and used by terrorist and other criminal or24 ganizations has increased substantially since the en25 actment in 1982 of the legislation which imple-
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1 mented the Convention on the Physical Protection of

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

3 United States Code.

4 (E) The successful efforts to obtain agreements

5 from other countries to dismantle nuclear weapons

6 have resulted in increased packaging and transpor7 tation of nuclear materials, thereby decreasing the

8 security of such materials by increasing the oppor9 tunity for unlawful diversion and theft.

10 (F) The illicit trafficking in the relatively more

11 common, commercially available and usable nuclear

12 and byproduct materials poses a potential to cause

13 significant loss of life and/or environmental damage.

14 (G) Reported trafficking incidents in the early

15 1990’s suggest that the individuals involved in traf16 ficking these materials from Eurasia and Eastern

17 Europe frequently conducted their black market

18 sales of these materials within the Federal Republic

19 of Germany, the Baltic States, and to a lesser extent

20 in the Middle European countries.

21 (H) The international community has become

22 increasingly concerned over the illegal possession of

23 nuclear and nuclear byproduct materials.

24 (I) The potentially disastrous ramifications of

25 increased access to nuclear and nuclear byproduct
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1 materials pose such a significant future threat that

2 the United States must use all lawful methods avail3 able to combat the illegal use of such materials.

4 (J) The United States has an interest in en5 couraging United States corporations to do business

6 in the countries which comprised the former Soviet

7 Union, as well as in other developing democracies;

8 protection of such United States corporations from

9 threats created by the unlawful use of nuclear mate10 rials is important to the success of the effort to en11 courage such business ventures, and to further the

12 foreign relations and commerce of the United States.

13 (K) The nature of nuclear contamination is

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

15 property of United States nationals even if the acts

16 which constitute the illegal activity occur outside the

17 territory of the United States, and are primarily di18 rected toward non-United States nationals.

19 (L) There is presently no Federal criminal stat20 ute which provides adequate protection to United

21 States interests from non-weapons grade, yet haz22 ardous radioactive material, and from the illegal di23 version of nuclear materials which are held for other

24 than peaceful purposes.
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1 (2) PURPOSE.—The purpose of the Act is to provide

2 Federal law enforcement the necessary tools and fullest

3 possible basis allowed under the Constitution of the

4 United States to combat the threat of nuclear contamina5 tion and proliferation which may result from illegal posses6 sion and use of radioactive materials.

7 (b) EXPANSION OF SCOPE AND JURISDICTIONAL

8 BASES.—Section 831 of title 18, United States Code, is

9 amended by—

10 (1) in subsection (a), striking ‘‘nuclear mate11 rial’’ each time it appears and inserting each time

12 ‘‘nuclear material or nuclear byproduct material’’;

13 (2) in subsection (a)(1)(A), inserting ‘‘or the

14 environment’’ after ‘‘property’’;

15 (3) amending subsection (a)(1)(B) to read as

16 follows:

17 ‘‘(B)(i) circumstances exist which are likely

18 to cause the death of or serious bodily injury to

19 any person or substantial damage to property

20 or the environment; or (ii) such circumstances

21 are represented to the defendant to exist;’’;

22 (4) in subsection (a)(6), inserting ‘‘or the envi23 ronment’’ after ‘‘property’’;

24 (5) amending subsection (c)(2) to read as fol25 lows:
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1 ‘‘(2) an offender or a victim is a national of the

2 United States or a United States corporation or

3 other legal entity;’’;

4 (6) in subsection (c)(3), striking ‘‘at the time of

5 the offense the nuclear material is in use, storage,

6 or transport, for peaceful purposes, and’’;

7 (7) striking ‘‘or’’ at the end of subsection

8 (c)(3);

9 (8) in subsection (c)(4), striking ‘‘nuclear mate10 rial for peaceful purposes’’ and inserting ‘‘nuclear

11 material or nuclear byproduct material’’;

12 (9) striking the period at the end of subsection

13 (c)(4) and inserting ‘‘; or’’;

14 (10) adding at the end of subsection (c) a new

15 paragraph as follows:

16 ‘‘(5) the governmental entity under subsection

17 (a)(5) is the United States or the threat under sub18 section (a)(6) is directed at the United States.’’;

19 (11) in subsection (f)(1)(A), striking ‘‘with an

20 isotopic concentration not in excess of 80 percent

21 plutonium 238’’;

22 (12) inserting at the beginning of subsection

23 (f)(1)(C) ‘‘enriched uranium, defined as’’;

24 (13) redesignating subsections (f)(2)–(4) as

25 (f)(3)–(5);
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1 (14) inserting after subsection (f)(1) the follow2 ing new paragraph:

3 ‘‘(2) the term ‘nuclear byproduct material’

4 means any material containing any radioactive iso5 tope created through an irradiation process in the

6 operation of a nuclear reactor or accelerator;’’;

7 (15) striking ‘‘and’’ at the end of subsection

8 (f)(4), as redesignated;

9 (16) striking the period at the end of subsection

10 (f)(5), as redesignated, and inserting a semicolon;

11 and

12 (17) adding at the end of subsection (f) the fol13 lowing new paragraphs:

14 ‘‘(6) the term ‘national of the United States’

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

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

17 1101(a)(22)); and

18 ‘‘(7) the term ‘United States corporation or

19 other legal entity’ means any corporation or other

20 entity organized under the laws of the United States

21 or any State, district, commonwealth, territory or

22 possession of the United States.’’.
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1 TITLE VI—PROCEDURAL AND TECHNICAL

2 CORRECTIONS AND IMPROVEMENTS

3 SEC. 601. CORRECTION TO MATERIAL SUPPORT PROVI4 SION.

5 Section 120005 of Public Law 103–322, September

6 13, 1994, is amended to read at the time of its enactment

7 on September 13, 1994, as follows:

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

9 States Code, is amended by adding the following new sec10 tion:

11 ‘‘§ 2339A. Providing material support to terrorists

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

13 or resources’ means currency or other financial securities,

14 financial services, lodging, training, safehouses, false doc15 umentation or identification, communications equipment,

16 facilities, weapons, lethal substances, explosives, person17 nel, transportation, and other physical assets, but does not

18 include humanitarian assistance to persons not directly in19 volved in such violations.

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

21 States, provides material support or resources or conceals

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

23 material support or resources, knowing or intending that

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

25 a violation of section 32, 37, 351, 844(f) or (i), 1114,
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1 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, or

2 2332a of this title or section 46502 of title 49, or in prepa3 ration for or carrying out the concealment or an escape

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

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

6 both.’’.

7 SEC. 602. EXPANSION OF WEAPONS OF MASS DESTRUCTION

8 STATUTE.

9 Section 2332a of title 18, United States Code, is

10 amended by—

11 (1) in subsection (a), inserting ‘‘threatens,’’ be12 fore ‘‘attempts or conspires to use, a weapon of

13 mass destruction’’;

14 (2) by redesignating subsection (b) as sub15 section (c); and

16 (3) by adding the following new subsection:

17 ‘‘(b) Any national of the United States who outside

18 of the United States uses, or threatens, attempts or con19 spires to use, a weapon of mass destruction shall be im20 prisoned for any term of years or for life, and if death

21 results, shall be punished by death or imprisonment for

22 any term of years or for life.’’.
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1 SEC. 603. ADDITION OF TERRORIST OFFENSES TO THE

2 RICO STATUTE.

3 (a) Section 1961(1)(B) of title 18 of the United

4 States Code is amended by—

5 (1) inserting after ‘‘Section’’ the following: ‘‘32

6 (relating to the destruction of aircraft), section 37

7 (relating to violence at international airports), sec8 tion 115 (relating to influencing, impeding, or retali9 ating against a Federal official by threatening or in10 juring a family member), section’’;

11 (2) inserting after ‘‘section 224 (relating to

12 sports bribery),’’ the following: ‘‘section 351 (relat13 ing to Congressional or Cabinet officer assassina14 tion),’’;

15 (3) inserting after ‘‘section 664 (relating to em16 bezzlement from pension and welfare funds),’’ the

17 following: ‘‘section 831 (relating to prohibited trans18 actions involving nuclear materials), section 844 (f)

19 or (i) (relating to destruction by explosives or fire of

20 government property or property affecting interstate

21 or foreign commerce),’’;

22 (4) inserting after ‘‘sections 891–894 (relating

23 to extortionate credit transactions),’’ the following:

24 ‘‘section 956 (relating to conspiracy to kill, kidnap,

25 maim, or injure certain property in a foreign coun26 try),’’;
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1 (5) inserting after ‘‘section 1084 (relating to

2 the transmission of gambling information),’’ the fol3 lowing: ‘‘section 1111 (relating to murder), section

4 1114 (relating to murder of United States law en5 forcement officials), section 1116 (relating to mur6 der of foreign officials, official guests, or internation7 ally protected persons), section 1203 (relating to

8 hostage taking),’’;

9 (6) inserting after ‘‘section 1344 (relating to fi10 nancial institution fraud),’’ the following: ‘‘section

11 1361 (relating to willful injury of government prop12 erty within the special maritime and territorial juris13 diction),’’;

14 (7) inserting after ‘‘section 1513 (relating to re15 taliating against a witness, victim, or an inform16 ant),’’ the following: ‘‘section 1751 (relating to Pres17 idential assassination),’’;

18 (8) inserting after ‘‘section 1958 (relating to

19 use of interstate commerce facilities in the commis20 sion of murder-for-hire),’’ the following: ‘‘section

21 2280 (relating to violence against maritime naviga22 tion), section 2281 (relating to violence against mar23 itime fixed platforms),’’; and

24 (9) inserting after ‘‘2321 (relating to traffick25 ing in certain motor vehicles or motor vehicle
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1 parts),’’ the following: ‘‘section 2332 (relating to ter2 rorist acts abroad against United States nationals),

3 section 2332a (relating to use of weapons of mass

4 destruction), section 2332b (relating to acts of ter5 rorism transcending national boundaries), section

6 2339A (relating to providing material support to ter7 rorists),’’.

8 (b) Section 1961(1) of title 18 of the United States

9 Code is amended by striking ‘‘or’’ before ‘‘(E)’’, and in10 serting at the end thereof the following: ‘‘or (F) section

11 46502 of title 49, United States Code;’’.

12 SEC. 604. ADDITION OF TERRORISM OFFENSES TO THE

13 MONEY LAUNDERING STATUTE.

14 (a) Section 1956(c)(7)(B)(ii) of title 18, United

15 States Code, is amended by striking ‘‘or extortion;’’ and

16 inserting ‘‘extortion, murder, or destruction of property by

17 means of explosive or fire;’’.

18 (b) Section 1956(c)(7)(D) of title 18, United States

19 Code, is amended by—

20 (1) inserting after ‘‘an offense under’’ the fol21 lowing: ‘‘section 32 (relating to the destruction of

22 aircraft), section 37 (relating to violence at inter23 national airports), section 115 (relating to influenc24 ing, impeding or retaliating against a Federal offi25 cial by threatening or injuring a family member),’’;
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1 (2) inserting after ‘‘section 215 (relating to

2 commissions or gifts for procuring loans),’’ the fol3 lowing: ‘‘section 351 (relating to Congressional or

4 Cabinet officer assassination),’’;

5 (3) inserting after ‘‘section 798 (relating to es6 pionage),’’ the following: ‘‘section 831 (relating to

7 prohibited transactions involving nuclear materials),

8 section 844 (f) or (i) (relating to destruction by ex9 plosives or fire of Government property or property

10 affecting interstate or foreign commerce),’’;

11 (4) inserting after ‘‘section 875 (relating to

12 interstate communications),’’ the following: ‘‘section

13 956 (relating to conspiracy to kill, kidnap, maim, or

14 injure certain property in a foreign country),’’;

15 (5) inserting after ‘‘section 1032 (relating to

16 concealment of assets from conservator, receiver, or

17 liquidating agent of financial institution),’’ the fol18 lowing: ‘‘section 1111 (relating to murder), section

19 1114 (relating to murder of United States law en20 forcement officials), section 1116 (relating to mur21 der of foreign officials, official guests, or internation22 ally protected persons),’’;

23 (6) inserting after ‘‘section 1203 (relating to

24 hostage taking)’’ the following: ‘‘section 1361 (relat25 ing to willful injury of Government property), sec-
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1 tion 1363 (relating to destruction of property within

2 the special maritime and territorial jurisdiction),’’;

3 (7) inserting after ‘‘section 1708 (relating to

4 theft from the mail’’ the following:’’), section 1751

5 (relating to Presidential assassination),’’;

6 (8) inserting after ‘‘2114 (relating to bank and

7 postal robbery and theft),’’ the following: ‘‘section

8 2280 (relating to violence against maritime naviga9 tion), section 2281 (relating to violence against mar10 itime fixed platforms),’’; and

11 (9) striking ‘‘of this title’’ and inserting the fol12 lowing: ‘‘section 2332 (relating to terrorist acts

13 abroad against United States nationals), section

14 2332a (relating to use of weapons of mass destruc15 tion), section 2332b (relating to international terror16 ist acts transcending national boundaries), 2339A

17 (relating to providing material support to terrorists)

18 of this title, section 46502 of title 49, United States

19 Code,’’.

20 SEC. 605. AUTHORIZATION FOR INTERCEPTIONS OF COM21 MUNICATIONS IN CERTAIN TERRORISM RE22 LATED OFFENSES.

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

24 is amended by—
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1 (1) striking ‘‘and’’ at the end of subparagraph

2 (n);

3 (2) redesignating subparagraph (o) as subpara4 graph (q); and

5 (3) inserting these two new paragraphs after

6 paragraph (n):

7 ‘‘(o) any violation of section 956 or section 960 of

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

9 against foreign nations);

10 ‘‘(p) any violation of section 46502 of title 49, United

11 States Code; and’’.

12 (b) Section 2516(1)(c) of title 18, United States

13 Code, is amended by inserting before ‘‘or section 1992 (re14 lating to wrecking trains)’’ the following: ‘‘section 2332

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

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

17 to acts of terrorism transcending national boundaries),

18 section 2339A (relating to providing material support to

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

20 airports),’’.

21 SEC. 606. CLARIFICATION OF MARITIME VIOLENCE JURIS22 DICTION.

23 Section 2280(B)(1)(A) of title 18, United States

24 Code, is amended by—
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1 (1) in clause (ii), striking ‘‘and the activity is

2 not prohibited as a crime by the State in which the

3 activity takes place’’; and

4 (2) in clause (iii), striking ‘‘the activity takes

5 place on a ship flying the flag of a foreign country

6 or outside of the United States,’’.

7 SEC. 607. EXPANSION OF FEDERAL JURISDICTION OVER

8 BOMB THREATS.

9 Section 844(e) of title 18, United States Code, is

10 amended by—

11 (1) inserting ‘‘(1)’’ before ‘‘Whoever’’; and

12 (2) adding at the end thereof this new para13 graph:

14 ‘‘(2) Whoever willfully makes any threat, or

15 maliciously conveys false information knowing the

16 same to be false, concerning an attempt or alleged

17 attempt being made, or to be made to violate sub18 sections (f) or (i) of this section or section 81 of this

19 title shall be fined under this title or imprisoned for

20 not more than five years, or both.

21 SEC. 608. INCREASED PENALTY FOR EXPLOSIVE CONSPIR22 ACIES.

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

24 amended by adding at the end the following new sub25 section:
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1 ‘‘(n) Except as otherwise provided in this section, a

2 person who conspires to commit any offense defined in this

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

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

5 the commission of which was the object of the conspir6 acy.’’.

7 SEC. 609. AMENDMENT TO INCLUDE ASSAULTS, MURDERS,

8 AND THREATS AGAINST FORMER FEDERAL

9 OFFICIALS ON ACCOUNT OF THE PERFORM10 ANCE OF THEIR OFFICIAL DUTIES.

11 Section 115(a)(2) of title 18, United States Code, is

12 amended by inserting ‘‘, or threatens to assault, kidnap,

13 or murder, any person who formerly served as a person

14 designed in paragraph (1), or’’ after ‘‘assaults, kidnaps,

15 or murders, or attempts to kidnap or murder’’.

16 SEC. 610. ADDITION OF CONSPIRACY TO TERRORISM OF17 FENSES.

18 (a)(1) Section 32(a)(7) of title 18, United States

19 Code, is amended by inserting ‘‘or conspires’’ after ‘‘at20 tempts’’.

21 (2) Section 32(b)(4) of title 18, United States Code,

22 is amended by inserting ‘‘or conspires’’ after ‘‘attempts’’.

23 (b) Section 37(a) title 18, United States Code, is

24 amended by inserting ‘‘or conspires’’ after ‘‘attempts’’.
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1 (c)(1) Section 115(a)(1)(A) of title 18, United States

2 Code, is amended by inserting ‘‘or conspires’’ after ‘‘at3 tempts’’.

4 (2) Section 115(a)(2) of title 18, United States Code,

5 as amended by section 609, is further amended by insert6 ing ‘‘or conspires’’ after ‘‘attempts’’.

7 (3) Section 115(b)(2) of title 18, United States Code,

8 is amended by striking both times it appears ‘‘or at9 tempted kidnapping’’ and inserting both times ‘‘, at10 tempted kidnapping or conspiracy to kidnap’’.

11 (4)(A) Section 115(b)(3) of title 18, United States

12 Code, is amended by striking ‘‘or attempted murder’’ and

13 inserting ‘‘, attempted murder or conspiracy to murder’’.

14 (B) Section 115(b)(3) of title 18, United States Code,

15 is further amended by striking ‘‘and 1113’’ and inserting

16 ‘‘, 1113 and 1117’’.

17 (d) Section 175(a) of title 18, United States Code,

18 is amended by inserting ‘‘, or conspires to do so,’’ after

19 ‘‘any organization to do so,’’.

20 (e) Section 1203(a) of title 18, United States Code,

21 is amended by inserting ‘‘or conspires’’ after ‘‘attempts’’.

22 (f) Section 2280(a)(1)(H) of title 18, United States

23 Code, is amended by inserting ‘‘or conspires’’ after ‘‘at24 tempts’’.
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1 (g) Section 2281(a)(1)(F) of title 18, United States

2 Code, is amended by inserting ‘‘or conspires’’ after ‘‘at3 tempts’’.

4 (h)(1) Section 46502(a)(2) of title 49, United States

5 Code, is amended by inserting ‘‘or conspiring’’ after ‘‘at6 tempting’’.

7 (2) Section 46502(b)(1) of title 49, United States

8 Code, is amended by inserting ‘‘or conspiring to commit’’

9 after ‘‘committing’’.

10 TITLE VII—ANTITERRORISM ASSISTANCE

11 SEC. 701. FINDINGS.

12 Congress finds that in order to improve the effective13 ness and cost efficiency of the Antiterrorism Training As14 sistance Program, which is administered and coordinated

15 by the Department of State to increase the antiterrorism

16 capabilities of friendly countries, more flexibility is needed

17 in providing trainers and courses overseas and to provide

18 personnel needed to enhance the administration and eval19 uation of the courses.

20 SEC. 702. ANTITERRORISM ASSISTANCE AMENDMENTS.

21 Section 573 of chapter 8 (relating to antiterrorism

22 assistance), of the Foreign Assistance Act of 1961 (22

23 U.S.C. 2349aa2) is amended by:

24 (1) striking ‘‘30 days’’ in subsection (d)(1)(A)

25 and inserting in lieu thereof ‘‘180 days’’;
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1 (2) striking the ‘‘add’’ after subsection

2 (d)(1)(B);

3 (3) striking subsection (d)(1)(B);

4 (4) inserting ‘‘and’’ after subsection (d)(1)(A);

5 (5) redesignating subsection (d)(1)(C) as sub6 section (d)(1)(B);

7 (6) amending subsection (d)(2) to read as fol8 lows:

9 ‘‘(2) Personnel of the United States Govern10 ment authorized to advise foreign countries on anti11 terrorism matters shall carry out their responsibil12 ities within the United States when determined most

13 effective or outside the United States for periods not

14 to exceed 180 consecutive calendar days.’’; and

15 (7) striking subsection (f).

16 TITLE VIII—SUBSTANTIVE INVESTIGATIVE

17 ENHANCEMENTS

18 SEC. 801. PEN REGISTERS AND TRAP AND TRACE DEVICES

19 IN FOREIGN COUNTERINTELLIGENCE AND

20 COUNTERTERRORISM INVESTIGATIONS.

21 (a) Chapter 206, title 18, United States Code, is

22 amended—

23 (1) by redesignating section 3127 as section

24 3128; and

25 (2) by adding the following new section 3127:
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1 ‘‘§ 3127. Pen register or a trap and trace device

2 in foreign counterintelligence and

3 counterterrorism investigations

4 ‘‘(a) Notwithstanding any other law, the provisions

5 of this chapter shall be applicable to foreign counterintel6 ligence and international terrorism investigations con7 ducted by the Federal Bureau of Investigation.

8 ‘‘(b) An application under this section for an order

9 or an extension of an order under section 3123 of this

10 title shall include—

11 ‘‘(1) the identity of the attorney for the Govern12 ment and the fact that the investigation is being

13 conducted by the Federal Bureau of Investigation;

14 and

15 ‘‘(2) a certification by the applicant that the in16 formation likely to be obtained is relevant to an on17 going foreign counterintelligence or international ter18 rorism investigation being conducted by the Federal

19 Bureau of Investigation.

20 ‘‘(c) All applications and orders under this section

21 shall be maintained by the Federal Bureau of Investiga22 tion.’’.

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

24 at the beginning of Chapter 206 is amended—

25 (1) to renumber section 3128 as redesignated;

26 and
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1 (2) by adding after the item relating to section

2 3126 the following:

‘‘3127. Pen register or a trap and trace device in foreign counterintelligence and

counterterrorism investigations.’’

3 SEC. 802. DISCLOSURE OF INFORMATION AND CONSUMER

4 REPORTS TO FBI FOR FOREIGN COUNTER5 INTELLIGENCE PURPOSES.

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

7 (15 U.S.C. 1681 et seq.) is amended by adding after sec8 tion 623 the following new section:

9 ‘‘§ 624. Disclosures to Federal Bureau of Investiga10 tion for foreign counterintelligence pur11 poses

12 ‘‘(a) IDENTITY OF FINANCIAL INSTITUTIONS.—Not13 withstanding section 604 or any other provision of this

14 title, a consumer reporting agency shall furnish to the

15 Federal Bureau of Investigation the names and addresses

16 of all financial institutions (as that term is defined in sec17 tion 1101 of the Right to Financial Privacy Act of 1978)

18 at which the consumer maintains or has maintained an

19 account, to the extent that information is in the files of

20 the agency, when presented with a written request for that

21 information, signed by the Director of the Federal Bureau

22 of Investigation, or the Director’s designee (who shall be

23 an individual with the rank and title of Deputy Assistant

24 Director or above), which certifies compliance with this
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1 section. The Director or the Director’s designee may make

2 such a certification only if the Director or the Director’s

3 designee has determined in writing that—

4 ‘‘(1) such information is necessary for the con5 duct of an authorized foreign counterintelligence in6 vestigation; and

7 ‘‘(2) there are specific and articulable facts giv8 ing reason to believe that the consumer—

9 ‘‘(A) is a foreign power (as defined in sec10 tion 101 of the Foreign Intelligence Surveil11 lance Act (50 U.S.C. 1801) or a person who is

12 not a United States person (as defined in such

13 section 101) and is an official of a foreign

14 power; or

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

16 engaging or has engaged in international terror17 ism (as that term is defined by 18 U.S.C.

18 2331) or clandestine intelligence activities that

19 involve a violation of criminal statutes of the

20 United States.

21 ‘‘(b) IDENTIFYING INFORMATION.—Notwithstanding

22 the provisions of section 604 or any other provision of this

23 title, a consumer reporting agency shall furnish identifying

24 information respecting a consumer, limited to name, ad25 dress, former addresses, places of employment, or former
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1 places of employment, to the Federal Bureau of Investiga2 tion when presented with written request, signed by Direc3 tor or the Director’s authorized designee, which certifies

4 compliance with this subsection. The Director or the Di5 rector’s authorized designee may make such a certification

6 only if the Director or the Director’s authorized designee

7 has determined in writing that—

8 ‘‘(1) such information is necessary for the con9 duct of an authorized foreign counterintelligence in10 vestigation; and

11 ‘‘(2) there is information giving reason to be12 lieve that the consumer has been, or is about to be,

13 in contact with a foreign power or an agent of a for14 eign power (as defined in section 101 of the Foreign

15 Intelligence Surveillance Act (50 U.S.C. 1801)).

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

17 REPORTS.—Notwithstanding section 604 or any other

18 provision of this title, if requested in writing by the Direc19 tor of the Federal Bureau of Investigation, or authorized

20 designee of the Director, a court may issue an order ex

21 parte directing a consumer reporting agency to furnish a

22 consumer report to the Federal Bureau of Investigation,

23 upon a showing in camera that—
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1 ‘‘(1) the consumer report is necessary for the

2 conduct of an authorized foreign counterintelligence

3 investigation; and

4 ‘‘(2) there are specific and articulable facts giv5 ing reason to believe that the consumer whose

6 consumer report is sought—

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

8 ‘‘(B) is engaging or has engaged in inter9 national terrorism (as that term is defined in

10 18 U.S.C. 2331) or clandestine intelligence ac11 tivities that involve a violation of criminal stat12 utes of the United States.

13 The terms of an order issued under this subsection

14 shall not disclose that the order is issued for pur15 poses of a foreign counterintelligence investigation.

16 ‘‘(d) CONFIDENTIALITY.—No consumer reporting

17 agency or officer, employee, or agent of a consumer report18 ing agency shall disclose to any person, other than those

19 officers, employees, or agents of a consumer reporting

20 agency necessary to fulfill the requirement to disclose in21 formation to the Federal Bureau of Investigation under

22 this section, that the Federal Bureau of Investigation has

23 sought or obtained the identity of financial institutions or

24 a consumer report respecting any consumer under sub25 section (a), (b), or (c) and no consumer reporting agency
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1 or officer, employee, or agent of a consumer reporting

2 agency shall include in any consumer report any informa3 tion that would indicate that the Federal Bureau of Inves4 tigation has sought or obtained such information or a

5 consumer report.

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

7 Investigation shall, subject to the availability of appropria8 tions, pay to a consumer reporting agency assembling or

9 providing reports or information in accordance with proce10 dures established under this section, a fee for reimburse11 ment for such costs as are reasonably necessary and which

12 have been directly incurred in searching, reproducing or

13 transporting books, papers, records, or other data required

14 or requested to be produced under this section.

15 ‘‘(f) LIMIT ON DISSEMINATION.—The Federal Bu16 reau of Investigation may not disseminate information ob17 tained pursuant to this section outside of the Federal Bu18 reau of Investigation, except as may be necessary for the

19 approval or conduct of a foreign counterintelligence inves20 tigation, or, where the information concerns a person sub21 ject to the Uniform Code of Military Justice, to appro22 priate investigative authorities within the military depart23 ment concerned as may be necessary for the conduct of

24 a joint foreign counterintelligence investigation.
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1 ‘‘(g) RULES OF CONSTRUCTION.—Nothing in this

2 section shall be construed to prohibit information from

3 being furnished by the Federal Bureau of Investigation

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

5 with a judicial or administrative proceeding to enforce the

6 provisions of this Act. Nothing in this section shall be con7 strued to authorize or permit the withholding of informa8 tion from the Congress.

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

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

11 inform the Permanent Select Committee on Intelligence

12 and the Committee on Banking and Financial Services of

13 the House of Representatives, and the Select Committee

14 on Intelligence and the Committee on Banking, Housing,

15 and Urban Affairs of the Senate concerning all requests

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

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

18 United States obtaining or disclosing any consumer re19 ports, records, or information contained therein in viola20 tion of this section is liable to the consumer to whom such

21 consumer reports, records, or information relate in an

22 amount equal to the sum of—

23 ‘‘(1) $100, without regard to the volume of

24 consumer reports, records, or information involved;
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1 ‘‘(2) any actual damages sustained by the

2 consumer as a result of the disclosure;

3 ‘‘(3) if the violation is found to have been will4 ful or intentional, such punitive damages as a court

5 may allow; and

6 ‘‘(4) in the case of any successful action to en7 force liability under this subsection, the costs of the

8 action, together with reasonable attorney fees, as de9 termined by the court.

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

11 court determines that any agency or department of the

12 United States has violated any provision of this section

13 and the court finds that the circumstances surrounding

14 the violation raise questions of whether or not an officer

15 or employee of the agency or department acted willfully

16 or intentionally with respect to the violation, the agency

17 or department shall promptly initiate a proceeding to de18 termine whether or not disciplinary action is warranted

19 against the officer or employee who was responsible for

20 the violation.

21 ‘‘(k) GOOD FAITH EXCEPTION.—Notwithstanding

22 any other provision of this title, any consumer reporting

23 agency or agent or employee thereof making disclosure of

24 consumer reports or identifying information pursuant to

25 this subsection in good-faith reliance upon a certification
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1 of the Federal Bureau of Investigation pursuant to provi2 sions of this section shall not be liable to any person for

3 such disclosure under this title, the constitution of any

4 State, or any law or regulation of any State or any politi5 cal subdivision of any State.

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

7 any other provision of this title, the remedies and sanc8 tions set forth in this section shall be the only judicial

9 remedies and sanctions for violation of this section.

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

11 remedy contained in this section, injunctive relief shall be

12 available to require compliance with the procedures of this

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

14 subsection, costs together with reasonable attorney fees,

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

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

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

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

19 relating to section 623 the following:

‘‘624. Disclosures to Federal Bureau of Investigation for foreign counterintelligence purposes.’’
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1 SEC. 803. STUDY AND REQUIREMENTS FOR TAGGING OF EX2 PLOSIVE MATERIALS, AND STUDY AND REC3 OMMENDATIONS FOR RENDERING EXPLO4 SIVE COMPONENTS INERT AND IMPOSING

5 CONTROLS ON PRECURSORS OF EXPLOSIVES.

6 (a) The Secretary of the Treasury shall conduct a

7 study and make recommendations concerning—

8 (1) the tagging of explosive materials for pur9 poses of detection and identification;

10 (2) whether common chemicals used to manu11 facture explosive materials can be rendered inert and

12 whether it is feasible to require it; and

13 (3) whether controls can be imposed on certain

14 precursor chemicals used to manufacture explosive

15 materials and whether it is feasible to require it.

16 In conducting the study, the Secretary shall consult

17 with other Federal, State and local officials with expertise

18 in this area and such other individuals as shall be deemed

19 necessary. Such study shall be complete within twelve

20 months after the enactment of this Act and shall be sub21 mitted to the Congress and made available to the public.

22 Such study may include, if appropriate, recommendations

23 for legislation.

24 (b) There are authorized to be appropriated for the

25 study and recommendations contained in paragraph (a)

26 such sums as may be necessary.
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1 (c) Section 842, of title 18, United States Code, is

2 amended by inserting after subsection (k), a new sub3 section (l) which reads as follows:

4 ‘‘(l) It shall be unlawful for any person to manufac5 ture, import, ship, transport, receive, possess, transfer, or

6 distribute any explosive material that does not contain a

7 tracer element as prescribed by the Secretary pursuant to

8 regulation, knowing or having reasonable cause to believe

9 that the explosive material does not contain the required

10 tracer element.’’.

11 (d) Section 844, of title 18, United States Code, is

12 amended by inserting after ‘‘(a) through (i)’’ the phrase

13 ‘‘and (l)’’.

14 (e) Section 846, of title 18, United States Code, is

15 amended by designating the present section as ‘‘(a),’’ and

16 by adding a new subsection (b) reading as follows: ‘‘(b)

17 to facilitate the enforcement of this chapter, the Secretary

18 may provide by regulation for the addition of tracer ele19 ments to explosive materials manufactured in or imported

20 into the United States. Tracer elements to be added to

21 explosive materials under provisions of this subsection

22 shall be of such character and in such quantity as the Sec23 retary may authorize or require, and such as will not sub24 stantially impair the quality of the explosive materials for
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1 their intended lawful use, be unreasonably unsafe, or have

2 a substantially adverse effect on the environment.’’.

3 (f) The penalties provided for herein, shall not take

4 effect until the later of one year from the date of enact5 ment of this Act or ninety days from the date of promulga6 tion of the regulations provided for herein.

7 SEC. 804. ACCESS TO RECORDS OF COMMON CARRIERS,

8 PUBLIC ACCOMMODATION FACILITIES, PHYS9 ICAL STORAGE FACILITIES AND VEHICLE

10 RENTAL FACILITIES IN FOREIGN COUNTER11 INTELLIGENCE AND COUNTERTERRORISM

12 CASES.

13 Title 18, United States Code, is amended by inserting

14 after chapter 121 the following new chapter:

15 ‘‘CHAPTER 122—ACCESS TO CERTAIN RECORDS

16 ‘‘§ 2720. Access to records of common carriers, public

17 accommodation facilities, physical storage facilities and ve18 hicle rental facilities in counterintelligence and

19 counterterrorism cases

20 ‘‘(a) Any common carrier, public accommodation fa21 cility, physical storage facility or vehicle rental facility

22 shall comply with a request for records in its possession

23 made pursuant to this section by the Federal Bureau of

24 Investigation when the Director or designee (whose rank

25 shall be no lower than Assistant Special Agent in Charge)
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1 certifies in writing to the common carrier, public accom2 modation facility, physical storage facility or vehicle rental

3 facility that such records are sought for foreign counter4 intelligence purposes and that there are specific and

5 articulable facts giving reason to believe that the person

6 to whom the records sought pertain, is a foreign power

7 or an agent of a foreign power as defined in section 101

8 of the Foreign Intelligence Surveillance Act (50 U.S.C.

9 1801).

10 ‘‘(b) No common carrier, public accommodation facil11 ity, physical storage facility or vehicle rental facility or any

12 officer, employee or agent of such common carrier, public

13 accommodation facility, physical storage facility or vehicle

14 rental facility shall disclose to any person, other than

15 those officers, agents or employees of the common carrier,

16 public accommodation facility, physical storage facility or

17 vehicle rental facility necessary to fulfill the requirement

18 to disclose the information to the Federal Bureau of Inves19 tigation under this section, that the Federal Bureau of

20 Investigation has sought or obtained the records re21 quested.

22 ‘‘(c) As used in this chapter—

23 ‘‘(1) the term ‘common carrier’ means a loco24 motive, a rail carrier, a bus carrying passengers, a

25 water common carrier, an air common carrier, or a
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1 private commercial interstate carrier for the delivery

2 of packages and other objects;

3 ‘‘(2) the term ‘public accommodation facility’

4 means any inn, hotel, motel or other establishment

5 which provides lodging to transient guests;

6 ‘‘(3) the term ‘physical storage facility’ means

7 any business or entity which provides space for the

8 storage of goods or materials, or services related to

9 the storage of goods or materials to the public or

10 any segment thereof; and

11 ‘‘(4) the term ‘vehicle rental facility’ means any

12 person or entity which provides vehicles for rent,

13 lease, loan or other similar use, to the public or any

14 segment thereof.’’.

15 SEC. 805. LIMITATION OF STATUTORY EXCLUSIONARY

16 RULE.

17 Section 2515 of title 18, United States Code, is

18 amended by adding at the end the following: ‘‘This section

19 shall not apply to the disclosure by the United States in

20 a criminal trial or hearing or before a grand jury of the

21 contents of a wire or oral communication, or evidence de22 rived therefrom, unless the violation of this chapter in23 volved bad faith by law enforcement.’’
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1 SEC. 806. AUTHORITY FOR WIRETAPS IN ANY TERRORISM2 RELATED OR EXPLOSIVES FELONY.

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

4 amended—

5 (1) by inserting after the words ‘‘section 224

6 (bribery in sporting contests)’’, the words ‘‘section

7 842 (relating to explosives violations)’’.

8 (2) by striking ‘‘and’’ at the end of

9 paragraph (n);

10 (3) by striking the period at the end of para11 graph (o) and inserting ‘‘; and’’; and

12 (4) by adding a new paragraph (p) as follows:

13 ‘‘(p) any other felony under the laws of the

14 United States if the Attorney General, the Deputy

15 Attorney General, or the Assistant Attorney General

16 for the Criminal Division (or an official acting in

17 any such capacity) certifies to the court under seal

18 that there is reason to believe the felony involves or

19 may involve domestic terrorism or international ter20 rorism (as those terms are defined in 18 U.S.C.

21 2331).’’.

22 Section 2510(12) of title 18, United States Code, is

23 amended—

24 (1) by striking ‘‘or’’ at the end of subpara25 graph (B);
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1 (2) by inserting ‘‘or’’ at the end of subpara2 graph (C); and

3 (3) by adding a new subparagraph (D), as

4 follows:

5 ‘‘(D) information stored in a communica6 tions system used for the electronic storage and

7 transfer of funds;’’

8 Section 2510(16) of title 18, United States Code, is

9 amended—

10 (1) by inserting ‘‘or’’ at the end of subpara11 graph (D);

12 (2) by striking ‘‘or’’ at the end of subparagraph

13 (E); and

14 (3) by striking subparagraph (F).

15 SEC. 807. TEMPORARY EMERGENCY WIRETAP AUTHORITY

16 INVOLVING TERRORISTIC CRIMES.

17 (a) Section 2518(7)(a)(iii) of title 18, United States

18 Code, is amended by inserting ‘‘or domestic terrorism or

19 international terrorism (as those terms are defined in 18

20 U.S.C. 2331)’’ after ‘‘organized crime’’.

21 (b) Section 2331 of title 18, United States Code, is

22 amended by inserting the following words after sub23 section (4)—

24 ‘‘(5) the term ‘domestic terrorism’ means any

25 activities that involve violent acts or acts dangerous
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1 to human life that are a violation of the criminal

2 laws of the United States or of any State and which

3 appear to be intended to intimidate or coerce a civil4 ian population or to influence the policy of a govern5 ment by intimidation or coercion; or to affect the

6 conduct of a government by assassination or kidnap7 ping.’’.

8 SEC. 808. EXPANDED AUTHORITY FOR ROVING WIRETAPS.

9 Section 2518(11) of title 18, United States Code, is

10 amended to read as follows:

11 ‘‘(11) The requirements of subsections (1)(b)(ii) and

12 (3)(d) of this section relating to the specification of facili13 ties from which or the place where the communication is

14 to be intercepted do not apply if in the case of an applica15 tion with respect to the interception of wire, oral or elec16 tronic communications—

17 ‘‘(a) the application is by a Federal investiga18 tive or law enforcement officer, and is approved by

19 the Attorney General, the Deputy Attorney General,

20 the Associate Attorney General, or an Assistant At21 torney General (or an official acting in any such ca22 pacity);

23 ‘‘(b) the application contains a full and com24 plete statement as to why such specification is not

25 practical and identifies the person committing the
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1 offense and whose communications are to be inter2 cepted; and

3 ‘‘(c) the judge finds that such specification is

4 not practical.’’.

5 SEC. 809. ENHANCED ACCESS TO TELEPHONE BILLING

6 RECORDS.

7 (a) Section 2709(b) of title 18, United States Code,

8 is amended—

9 (1) in subparagraph 1(A), by inserting ‘‘local

10 and long distance’’ before ‘‘toll billing records’’; and

11 (2) by adding at the end a new paragraph (3),

12 as follows:

13 ‘‘(3) request the name, address, length of serv14 ice, and local and long distance toll billing records

15 of a person or entity if the Director (or designee in

16 a position not lower than Deputy Assistant Director)

17 certifies in writing to the wire or electronic commu18 nication service provider to which the request is

19 made that the information sought is relevant to an

20 authorized domestic terrorism (as that term is de21 fined in section 107 of this Act) investigation.’’.

22 (b) Section 2703(c)(1)(C) of title 18, United States

23 Code, is amended by inserting ‘‘local and long distance’’

24 before ‘‘telephone toll billing records’’.
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1 SEC. 810. REQUIREMENT TO PRESERVE EVIDENCE.

2 Section 2703 of title 18, United States Code, is

3 amended by adding a new subsection (f), as follows:

4 ‘‘(f) REQUIREMENT TO PRESERVE EVIDENCE.—A

5 provider of wire or electronic communication services or

6 a remote computing service, upon the request of a govern7 mental entity, shall take all necessary steps to preserve

8 records and other evidence in its possession pending the

9 issuance of a court order or other process. Such records

10 shall be retained for a period of ninety days, which period

11 shall be extended for an additional ninety-day period upon

12 a renewed request by the governmental entity.’’.

13 SEC. 811. PERMISSION TO REQUEST MILITARY ASSISTANCE

14 WITH RESPECT TO OFFENSES INVOLVING

15 CHEMICAL AND BIOLOGICAL WEAPONS.

16 (a) Section 175 of title 18, United States Code, is

17 amended by adding a new subsection (c), as follows:

18 ‘‘(c)(1) MILITARY ASSISTANCE.—Notwithstanding

19 any other provision of law, the Attorney General may re20 quest that the Secretary of Defense provide technical as21 sistance in support of Department of Justice activities re22 lating to the enforcement of this section in situations in23 volving biological weapon emergencies. Department of De24 fense resources, including civilian personnel and members

25 of the uniformed services, may be used to provide such

26 technical assistance if:
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1 ‘‘(A) The Secretary of Defense and the Attor2 ney General determine that an emergency situation

3 involving biological weapons of mass destruction ex4 ists; and

5 ‘‘(B) The Secretary of Defense determines that

6 the provision of such assistance will not adversely af7 fect the military preparedness of the United States.

8 ‘‘(2) As used in this section, ‘emergency situation’

9 means a circumstance—

10 ‘‘(A) that poses a serious threat to the interests

11 of the United States; and

12 ‘‘(B) in which—

13 ‘‘(i) enforcement of the law would be seri14 ously impaired if the assistance were not pro15 vided;

16 ‘‘(ii) military technical assistance and ex17 pertise is needed to counter the threat posed by

18 the biological agent involved; and

19 ‘‘(iii) civilian law enforcement expertise is

20 not available to provide the required technical

21 assistance.

22 ‘‘(3) As used in this section, ‘technical assistance’

23 means the provision of equipment and technical expertise

24 to law enforcement officials in the investigation of viola25 tions of this section, such as technical assistance in con-
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1 ducting searches that seek evidence or instrumentalities

2 of violations of this section, technical assistance in taking

3 and collecting evidence related to violations of this section,

4 and technical assistance in disarming and disabling indi5 viduals in possession of contraband under this section. It

6 does not include authority to apprehend or arrest.

7 ‘‘(4) The Secretary of Defense may require reim8 bursement as a condition of assistance under this section.

9 ‘‘(5) The Attorney General may delegate the Attorney

10 General’s function under this subsection only to a Deputy,

11 Associate, or Assistant Attorney General.’’.

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

13 is amended by adding after section 2332a the following

14 new section:

15 ‘‘§ 2332b. Use of chemical weapons

16 ‘‘(a) OFFENSE.—A person who without lawful au17 thority uses, or attempts or conspires to use, a chemical

18 weapon—

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

20 while such national is outside of the United States;

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

22 States; or

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

24 or used by the United States or by any department
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1 or agency of the United States, whether the property

2 is within or outside of the United States,

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

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

5 for any term of years or for life.

6 ‘‘(b) DEFINITIONS.—For purposes of this section—

7 ‘‘(1) the term ‘national of the United States’

8 has the meaning given in section 101(a)(22) of the

9 Immigration and Nationality Act (8 U.S.C.

10 1101(a)(22)); and

11 ‘‘(2) the term ‘chemical weapon’ means any

12 weapon that is designed to cause death or serious

13 bodily injury through the release, dissemination, or

14 impact of toxic or poisonous chemicals or their pre15 cursors.

16 ‘‘(c)(1) MILITARY ASSISTANCE.—Notwithstanding

17 any other provision of law, the Attorney General may re18 quest that the Secretary of Defense provide technical as19 sistance in support of Department of Justice activities re20 lating to the enforcement of this section in situations in21 volving chemical weapon emergencies. Department of De22 fense resources, including civilian personnel and members

23 of the uniformed services, may be used to provide such

24 technical assistance if:
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1 ‘‘(A) The Secretary of Defense and the Attor2 ney General determine that an emergency situation

3 involving chemical weapons of mass destruction ex4 ists; and

5 ‘‘(B) The Secretary of Defense determines that

6 the provision of such assistance will not adversely af7 fect the military preparedness of the United States.

8 ‘‘(2) As used in this section, ‘emergency situation’

9 means a circumstance—

10 ‘‘(A) that poses a serious threat to the interests

11 of the United States; and

12 ‘‘(B) in which—

13 ‘‘(i) enforcement of the law would be seri14 ously impaired if the assistance were not pro15 vided;

16 ‘‘(ii) military technical assistance and ex17 pertise is needed to counter the threat posed by

18 the chemical agent involved; and

19 ‘‘(iii) civilian law enforcement expertise is

20 not available to provide the required technical

21 assistance.

22 ‘‘(3) As used in this section, ‘technical assistance’

23 means the provision of equipment and technical expertise

24 to law enforcement officials in the investigation of viola25 tions of this section, such as technical assistance in con-
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1 ducting searches that seek evidence or instrumentalities

2 of violations of this section, technical assistance in taking

3 and collecting evidence related to violations of this section,

4 and technical assistance in disarming and disabling indi5 viduals in possession of contraband under this section. It

6 does not include authority to apprehend or arrest.

7 ‘‘(4) The Secretary of Defense may require reim8 bursement as a condition of assistance under this section.

9 ‘‘(5) The Attorney General may delegate the Attorney

10 General’s function under this subsection only to a Deputy,

11 Associate, or Assistant Attorney General.’’.

12 (c) CLERICAL AMENDMENT.—The chapter analysis

13 for chapter 113B of title 18, United States Code, is

14 amended by adding after the item relating to section

15 2332a the following:

‘‘2332b. Use of chemical weapons’’.

16 (d) Section 2332a of title 18, United States Code,

17 is amended by inserting between the words ‘‘A person

18 who’’ and ‘‘uses, or attempts’’, the words ‘‘without lawful

19 authority’’, at the beginning of subsection (a).

20 SEC. 812. GENERAL REWARD AUTHORITY OF THE ATTOR21 NEY GENERAL.

22 Section 3059B of title 18, United States Code, is

23 hereby amended by adding the following section:

24 ‘‘(a) Notwithstanding any other provision of law, the

25 Attorney General may pay rewards and receive from any
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1 department or agency, funds for the payment of rewards

2 under this section, to any individual who assists the De3 partment of Justice in performing its functions.

4 ‘‘(b) If the reward exceeds $100,000, the Attorney

5 General, within thirty (30) days of having authorized the

6 payment of such a reward, shall give notice to the respec7 tive Chairmen of the Committees on Appropriations and

8 the Committees on the Judiciary of the Senate and the

9 House of Representatives.

10 ‘‘(c) A determination made by the Attorney General

11 as to whether to authorize an award under this section

12 and as to the amount of any reward authorized shall be

13 final and conclusive, and no court shall have power or ju14 risdiction to review it.’’.

15 TITLE IX—SUBSTANTIVE PROSECUTIVE

16 ENHANCEMENT

17 SEC. 901. POSSESSION OF STOLEN EXPLOSIVES.

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

19 amended to read as follows:

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

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

22 of, or pledge or accept as security for a loan, any stolen

23 explosive materials which are moving as, which are part

24 of, which constitute, or which have been shipped or trans25 ported in, interstate or foreign commerce, either before or
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1 after such materials were stolen, knowing or having rea2 sonable cause to believe that the explosive materials were

3 stolen.’’.

4 SEC. 902. PROTECTION OF FEDERAL EMPLOYEES ON AC5 COUNT OF THE PERFORMANCE OF THEIR OF6 FICIAL DUTIES.

7 (a) Section 1114 of title 18, United States Code, is

8 amended to read as follows:

9 ‘‘§ 1114. Protection of officers and employees of the

10 United States.

11 ‘‘(a) Whoever kills or attempts to kill any United

12 States official, United States judge, Federal law enforce13 ment officer, or member of the uniformed services, or any

14 other officer or employee of the United States or any agen15 cy of the executive, legislative, or judicial branch thereof,

16 while such officer or employee is engaged in or on account

17 of the performance of official duties, or any person assist18 ing such an official, judge, officer, or employee in, or on

19 account of the person’s assistance in, the performance of

20 such duties shall be punished, in the case of murder, as

21 provided under section 1111, or in the case of man22 slaughter, as provided under section 1112, except that any

23 such person who is found guilty of attempted murder shall

24 be imprisoned for not more than twenty years.
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1 ‘‘(b) As used in this section, the terms ‘United States

2 official’, ‘United States judge’, and ‘Federal law enforce3 ment officer’ have the meanings prescribed in section 115

4 of this title.’’.

5 (b) Section 115(a)(2) of title 18, United States Code,

6 is amended by inserting ‘‘, or threatens to assault, kidnap,

7 or murder, any person who formerly served as a person

8 designated in paragraph (1), or’’ after ‘‘assaults, kidnaps,

9 or murders, or attempts to kidnap or murder’’.

10 TITLE X—CRIMINAL PENALTIES

11 SEC. 1001. MANDATORY PENALTY FOR TRANSFERRING A

12 FIREARM KNOWING THAT IT WILL BE USED

13 TO COMMIT A CRIME OF VIOLENCE.

14 Section 924(h) of title 18, United States Code, is

15 amended by—

16 (1) inserting ‘‘or having reasonable cause to be17 lieve’’ after ‘‘knowingly’’, and

18 (2) striking ‘‘not more than’’ and inserting ‘‘not

19 less than’’.

20 SEC. 1002. MANDATORY PENALTY FOR TRANSFERRING AN

21 EXPLOSIVE MATERIAL KNOWING THAT IT

22 WILL BE USED TO COMMIT A CRIME OF VIO23 LENCE.

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

25 amended by adding at the end, the following—
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1 ‘‘(n) Whoever knowingly transfers an explosive mate2 rial, knowing or having reasonable cause to believe that

3 such explosive material will be used to commit a crime

4 of violence (as defined in section 924(c)(3) of this title)

5 or drug trafficking crime (as defined in section 924(c)(2)

6 of this title) shall be imprisoned for not less than ten

7 years, fined in accordance with this title, or both.

8 SEC. 1003. INCREASED PERIOD OF LIMITATIONS FOR NA9 TIONAL FIREARMS ACT.

10 (a) Section 6531 of the Internal Revenue Code of

11 1986 (26 U.S.C. 6531) is amended by amending the mat12 ter preceding paragraph (1) to read as follows:

13 ‘‘No person shall be prosecuted, tried, or punished

14 for any of the various offenses arising under the internal

15 revenue laws unless the indictment is found or the infor16 mation instituted within 3 years next after the commission

17 of the offense, except that the period of limitation—

18 ‘‘(a) shall be 5 years for offenses described in section

19 58612 (relating to firearms and other devices); and

20 ‘‘(b) shall be 6 years—.’’.
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1 TITLE XI—FUNDING

2 SEC. 1101. CIVIL MONETARY PENALTY SURCHARGE AND

3 TELECOMMUNICATIONS CARRIER COMPLI4 ANCE PAYMENTS.

5 Public Law 103–414, October 25, 1994, 108 Stat.

6 4279, is amended by inserting at its conclusion a new title

7 IV, as follows:

8 ‘‘TITLE IV—CIVIL MONETARY PENALTY

9 SURCHARGE AND TELECOMMUNI10 CATIONS CARRIER COMPLIANCE PAY11 MENTS

12 ‘‘SEC. 401. CIVIL MONETARY PENALTY SURCHARGE.

13 ‘‘(a) IMPOSITION.—Notwithstanding any other provi14 sion of law, and subject to section 402(c) of this title, a

15 surcharge of 40 percent of the principal amount of a civil

16 monetary penalty shall be added to each civil monetary

17 penalty at the time it is assessed by the United States

18 or an agency thereof.

19 ‘‘(b) APPLICATION OF PAYMENTS.—Payments relat20 ing to a civil monetary penalty shall be applied in the fol21 lowing order: (1) to costs; (2) to principal; (3) to sur22 charges required by subsection (a) of this section; and (4)

23 to interest.

24 ‘‘(c) EFFECTIVE DATES.—(1) A surcharge under

25 subsection (a) of this section shall be added to all civil
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1 monetary penalties assessed on or after October 1, 1995,

2 or the date of enactment of this title, whichever is later.

3 ‘‘(2) The authority to add a surcharge under this sec4 tion shall terminate on October 1, 1998.

5 ‘‘(d) LIMITATION.—The provisions of this section

6 shall not apply to any civil monetary penalty assessed

7 under title 26, United States Code.

8 ‘‘SEC. 402. DEPARTMENT OF JUSTICE TELECOMMUNI9 CATIONS CARRIER COMPLIANCE FUND.

10 ‘‘(a) ESTABLISHMENT OF FUND.—There is hereby

11 established in the United States Treasury a fund to be

12 known as the Department of Justice Telecommunications

13 Carrier Compliance Fund (hereinafter referred to as ‘the

14 Fund’), which shall be available to the Attorney General

15 to the extent and in the amounts authorized by subsection

16 (c) of this section to make payments to telecommuni17 cations carriers, as authorized by section 109 of the Com18 munications Assistance for Law Enforcement Act.

19 ‘‘(b) OFFSETTING COLLECTIONS.—Notwithstanding

20 section 3302 of title 31, United States Code, the Attorney

21 General may credit surcharges added pursuant to section

22 401 of this title to the Fund as offsetting collections.

23 ‘‘(c) REQUIREMENTS FOR APPROPRIATIONS OFF24 SET.—(1) Surcharges added pursuant to section 401 of
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1 this title are authorized only to the extent and in the

2 amounts provided for in advance in appropriations acts.

3 ‘‘(2)(A) Collections credited to the Fund are author4 ized to be appropriated in such amounts as may be nec5 essary, but not to exceed $100,000,000 in fiscal year

6 1996, $305,000,000 in fiscal year 1997, and $80,000,000

7 in fiscal year 1998.

8 ‘‘(B) Amounts described in subparagraph (A) of this

9 paragraph are authorized to be appropriated without fiscal

10 year limitation.

11 ‘‘(d) TERMINATION.—(1) The Attorney General may

12 terminate the Fund at such time as the Attorney General

13 determines that the Fund is no longer necessary.

14 ‘‘(2) Any balance in the Fund at the time of its termi15 nation shall be deposited in the general fund of the Treas16 ury.

17 ‘‘(3) A decision of the Attorney General to terminate

18 the Fund shall not be subject to judicial review.

19 ‘‘SEC. 403. DEFINITIONS.

20 ‘‘For purposes of this title, the terms ‘agency’ and

21 ‘civil monetary penalty’ have the meanings given to them

22 by section 3 of the Federal Civil Penalties Inflation Ad23 justment Act of 1990, Public Law 101–410, Oct. 5, 1990,

24 104 Stat. 890 (28 U.S.C. 2461 note).’’.

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