Calendar No. 102

104TH CONGRESS

1ST SESSION S. 735

A BILL

To prevent and punish acts of terrorism, and for

other purposes.

MAY 1, 1995

Read the second time and placed on the calendar
II

★(Star Print)

Calendar No. 102

104TH CONGRESS

1ST SESSION S. 735

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

IN THE SENATE OF THE UNITED STATES

APRIL 27 (legislative day, APRIL 24), 1995

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

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

MAY 1, 1995

Read the second time and placed on the calendar

A BILL

To prevent and punish acts of terrorism, and for other

purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Comprehensive Terror5 ism Prevention Act of 1995’’.

6 SEC. 2. TABLE OF CONTENTS.

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

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

TITLE I—SUBSTANTIVE CRIMINAL LAW ENHANCEMENTS

Sec. 101. Increased penalty for conspiracies involving explosives.

Sec. 102. Acts of terrorism transcending national boundaries.

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

Sec. 104. Increased penalties for certain terrorism crimes.

Sec. 105. Firearms and explosives.

Sec. 106. Penalty for possession of stolen explosives.

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

TITLE II—COMBATING INTERNATIONAL TERRORISM

Sec. 201. Findings.

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

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

to terrorist states.

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

Sec. 205. Antiterrorism assistance.

Sec. 206. Jurisdiction for lawsuits against terrorist states.

Sec. 207. Technology transfers to terrorist states.

Sec. 208. Report on support for international terrorists.

TITLE III—ALIEN REMOVAL

Sec. 301. Alien terrorist removal.

Sec. 302. Extradition of aliens.

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

of alien terrorists.

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

through court order.

TITLE IV—CONTROL OF FUNDRAISING FOR TERRORISM

ACTIVITIES

Sec. 401. Prohibition on terrorist fundraising.

Sec. 402. Correction to material support provision.

TITLE V—ASSISTANCE TO FEDERAL LAW ENFORCEMENT

AGENCIES

Subtitle A—Antiterrorism Assistance

Sec. 501. Study and report on domestic terrorism.

Sec. 502. Federal Bureau of Investigation counterintelligence.

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

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

Sec. 505. Federal Bureau of Investigation report.

Subtitle B—Intelligence

Sec. 511. Study and report on electronic surveillance.

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

Sec. 513. Participation of foreign and State government personnel in interceptions of communications.
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Sec. 514. Disclosure of intercepted communications to foreign law enforcement

agencies.

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

Subtitle C—Additional Funding for Law Enforcement

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

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

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

Naturalization Service.

Sec. 524. Drug Enforcement Administration.

Sec. 525. Department of Justice.

Sec. 526. Funding source.

TITLE VI—TERRORIST INTERDICTION

Sec. 601. Terrorist interdiction.

TITLE VII—CRIMINAL PROCEDURAL IMPROVEMENTS

Subtitle A—Habeas Corpus Reform

Sec. 701. Filing deadlines.

Sec. 702. Appeal.

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

Sec. 704. Section 2254 amendments.

Sec. 705. Section 2255 amendments.

Sec. 706. Limits on second or successive applications.

Sec. 707. Death penalty litigation procedures.

Sec. 708. Technical amendment.

Subtitle B—Criminal Procedural Improvements

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

Sec. 722. Extension of territorial sea.

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

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

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

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

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

Sec. 728. Clarification of maritime violence jurisdiction.

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

United States.

Sec. 730. Addition of conspiracy to terrorism offenses.

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

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

TITLE VIII—MARKING OF PLASTIC EXPLOSIVES

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

Sec. 802. Study on tagging of explosive materials.
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TITLE IX—MISCELLANEOUS PROVISIONS

Sec. 901. Severability.

1 TITLE I—SUBSTANTIVE

2 CRIMINAL LAW ENHANCEMENTS

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

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

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

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

9 person who conspires to commit any offense defined in this

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

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

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

14 SEC. 102. ACTS OF TERRORISM TRANSCENDING NATIONAL

15 BOUNDARIES.

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

17 United States Code (relating to torture) is redesignated

18 as chapter 113C.

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

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

21 it appears and inserting ‘‘113C’’.

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

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

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

2 boundaries

3 ‘‘(a) PURPOSE.—The purpose of this section is to

4 provide Federal law enforcement the fullest possible basis

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

7 ‘‘(b) PROHIBITED ACTS.—

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

9 subsection (c)—

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

13 within the United States; or

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

15 conveyance or other real or personal property

16 within the United States,

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

18 States shall be punished as prescribed in subsection

19 (d).

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

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

22 be punished under subsection (d).

23 ‘‘(c) JURISDICTIONAL BASES.—

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

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

2 interstate commerce, is used in furtherance of

3 the commission of the offense or to effect the

4 escape of any offender after the commission of

5 such offense;

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

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

10 or agency, of the United States;

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

12 real or personal property was in whole or in

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

14 the United States, or any department or agency

15 thereof;

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

18 seabed and subsoil below, and artificial islands

19 and fixed structures erected thereon) of the

20 United States; or

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

22 within the United States that are in the special

23 maritime and territorial jurisdiction of the

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

2 coconspirators, and accessories after the fact, of an

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

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

6 ‘‘(d) PENALTIES.—

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

9 charged in the indictment, be punished—

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

11 death, or by imprisonment for any term of

12 years or for life;

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

14 any term of years or for life;

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

16 more than 35 years;

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

18 or assault resulting in serious bodily injury, by

19 imprisonment for not more than 30 years;

20 ‘‘(E) for destroying or damaging any

21 structure, conveyance, or other real or personal

22 property, by imprisonment for not more than

23 25 years;

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

2 had the offense been completed; and

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

5 years.

6 ‘‘(2) Notwithstanding any other provision of

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

9 ‘‘(3) Notwithstanding any other provision of

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

12 of imprisonment.

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

14 for any offense described in this section shall be sought

15 by the United States except after the Attorney General,

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

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

19 certifying official—

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

21 its commission, transcended national boundaries;

22 and

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

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

2 thereof.

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

4 this section shall be investigated by the Attorney General.

5 ‘‘(g) EVIDENCE.—

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

7 United States shall not be required to prove knowl8 edge by any defendant of a jurisdictional base al9 leged in the indictment.

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

11 based upon the adoption of State law, only the ele12 ments of the offense under State law, and not any

13 provisions pertaining to criminal procedure or evi14 dence, are adopted.

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

16 extraterritorial Federal jurisdiction over—

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

18 any threat, attempt, or conspiracy to commit such

19 offense; and

20 ‘‘(2) conduct that, under section 3 of this title,

21 renders any person an accessory after the fact to an

22 offense under subsection (b).

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

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

25 given such term in section 1951(b)(3) of this title;
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1 ‘‘(2) the term ‘facility utilized in any manner in

2 commerce’ includes means of transportation, com3 munication, and transmission;

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

5 has the meaning given such term in section

6 101(a)(22) of the Immigration and Nationality Act

7 (8 U.S.C. 1101(a)(22));

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

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

10 this title;

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

12 United States, the District of Columbia, and any

13 commonwealth, territory, or possession of the United

14 States; and

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

16 States’ means all waters extending seaward to 12

17 nautical miles from the baselines of the United

18 States determined in accordance with international

19 law.’’.

20 (c) TECHNICAL AMENDMENT.—The chapter analysis

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

22 amended by inserting after the item relating to section

23 2332a, the following new item:

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

24 (d) STATUTE OF LIMITATIONS AMENDMENT.—Sec25 tion 3286 of title 18, United States Code, is amended—
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1 (1) by striking ‘‘any offense’’ and inserting

2 ‘‘any non-capital offense’’;

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

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

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

6 and

7 (5) by inserting ‘‘2332b (acts of terrorism tran8 scending national boundaries),’’ after ‘‘(use of weap9 ons of mass destruction),’’.

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

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

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

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

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

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

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

17 section 2332b of this title’’ after ‘‘facilities’’.

18 SEC. 103. CONSPIRACY TO HARM PEOPLE AND PROPERTY

19 OVERSEAS.

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

21 amended to read as follows:

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

23 certain property in a foreign country

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

25 States, conspires with one or more other persons, regard-
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1 less of where such other person or persons are located,

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

3 that would constitute the offense of murder, kidnapping,

4 or maiming if committed in the special maritime and terri5 torial jurisdiction of the United States, shall, if he or any

6 such other person commits an act within the jurisdiction

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

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

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

10 (1) is—

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

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

13 and

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

15 if the offense is conspiracy to maim.

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

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

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

19 or destroy specific property situated within a foreign coun20 try and belonging to a foreign government or to any politi21 cal subdivision thereof with which the United States is at

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

23 other public utility, public conveyance, or public structure,

24 or any religious, educational, or cultural property so situ25 ated, shall, if he or any such other person commits an
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1 act within the jurisdiction of the United States to effect

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

3 25 years.’’.

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

5 United States Code, is amended by striking the item relat6 ing to section 956 and inserting the following:

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

country.’’.

7 SEC. 104. INCREASED PENALTIES FOR CERTAIN TERROR8 ISM CRIMES.

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

10 (1) in section 114, by striking ‘‘maim or dis11 figure’’ and inserting ‘‘torture, maim, or disfigure’’;

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

13 inserting ‘‘20 years’’;

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

15 inserting ‘‘five years’’;

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

17 inserting ‘‘five years’’;

18 (5) in section 878(a), by striking ‘‘by killing,

19 kidnapping, or assaulting a foreign official, official

20 guest, or internationally protected person’’;

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

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

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

24 death,’’ after ‘‘imprisonment for life,’’; and
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1 (8) in section 2332(c), by striking ‘‘five’’ and

2 inserting ‘‘ten’’.

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

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

5 SEC. 105. FIREARMS AND EXPLOSIVES.

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

7 amended—

8 (1) in subsection (h)—

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

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

11 transfers a firearm’’; and

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

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

14 (2) by adding at the end the following new sub15 section:

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

17 person who conspires to commit any offense defined in this

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

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

20 the commission of which was the object of the conspir21 acy.’’.
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1 SEC. 106. PENALTY FOR POSSESSION OF STOLEN EXPLO2 SIVES.

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

4 amended by striking ‘‘to receive’’ and inserting ‘‘to pos5 sess, receive’’.

6 SEC. 107. ENHANCED PENALTIES FOR USE OF EXPLOSIVES

7 OR ARSON.

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

9 amended—

10 (1) in subsection (e), by striking ‘‘five’’ and in11 serting ‘‘10’’;

12 (2) by amending subsection (f) to read as fol13 lows:

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

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

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

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

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

19 agency thereof, or any institution or organization receiving

20 Federal financial assistance shall be imprisoned for not

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

22 greater of $100,000 or the cost of repairing or replacing

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

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

25 subsection shall be imprisoned not less than 7 years and

26 not more than 40 years, fined the greater of $200,000
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1 or the cost of repairing or replacing any property that is

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

3 personal injury to any person, including any public safety

4 officer performing duties, as a direct or proximate result

5 of such conduct.

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

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

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

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

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

11 death to any person, including any public safety officer

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

13 conduct.’’;

14 (3) in subsection (h)—

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

16 years but not more than 15 years’’ and insert17 ing ‘‘10 years’’; and

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

19 years but not more than 25 years’’ and insert20 ing ‘‘20 years’’; and

21 (4) in subsection (i)—

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

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

24 cost of repairing or replacing any property that

25 is damaged or destroyed,’’ and inserting ‘‘not
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1 less than 5 years and not more than 20 years,

2 fined the greater of $100,000 or the cost of re3 pairing or replacing any property that is dam4 aged or destroyed’’;

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

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

7 cost of repairing or replacing any property that

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

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

10 fined the greater of $200,000 or the cost of re11 pairing or replacing any property that is dam12 aged or destroyed’’; and

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

14 ‘‘10 years’’.

15 TITLE II—COMBATING

16 INTERNATIONAL TERRORISM

17 SEC. 201. FINDINGS.

18 The Congress finds that—

19 (1) international terrorism is among the most

20 serious transnational threats faced by the United

21 States and its allies, far eclipsing the dangers posed

22 by population growth or pollution;

23 (2) the President should make efforts to

24 counter international terrorism a national security

25 priority, including the establishment of an office in
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1 the White House to coordinate United States Gov2 ernment efforts to counter terrorism;

3 (3) the President should undertake immediate

4 efforts to organize an international conference,

5 under the auspices of the United Nations, to discuss

6 cooperative, multilateral responses to the threat of

7 international terrorism;

8 (4) the President should use all necessary

9 means, including covert action and military force, to

10 disrupt, dismantle and destroy infrastructure used

11 by international terrorists, including terrorist train12 ing facilities and safe havens;

13 (5) the Congress deplores decisions to ease,

14 evade, or end international sanctions on state spon15 sors of terrorism, including the recent decision by

16 the United Nations to allow airline flights to and

17 from Libya despite Libya’s noncompliance with

18 United Nations resolutions; and

19 (6) the President should undertake efforts to

20 increase the international isolation of state sponsors

21 of international terrorism, including efforts to

22 strengthen international sanctions, and should op23 pose any future initiatives to ease sanctions on

24 Libya or other state sponsors of terrorism.
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1 SEC. 202. PROHIBITION ON ASSISTANCE TO COUNTRIES

2 THAT AID TERRORIST STATES.

3 The Foreign Assistance Act of 1961 is amended by

4 adding immediately after section 620F the following new

5 section:

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

7 THAT AID TERRORIST STATES.

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

9 any country that provides assistance to the government

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

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

12 SEC. 203. PROHIBITION ON ASSISTANCE TO COUNTRIES

13 THAT PROVIDE MILITARY EQUIPMENT TO

14 TERRORIST STATES.

15 The Foreign Assistance Act of 1961, as amended by

16 section 202, is further amended by adding immediately

17 after section 620G the following new section:

18 ‘‘SEC. 620H. PROHIBITION ON ASSISTANCE TO COUNTRIES

19 THAT PROVIDE MILITARY EQUIPMENT TO

20 TERRORIST STATES.

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

22 country that provided military equipment through lease,

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

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

25 a determination under section 620A, unless the President

26 determines and reports to Congress, not later than 15
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1 days prior to providing such assistance, in accordance with

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

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

4 SEC. 204. OPPOSITION TO ASSISTANCE BY INTERNATIONAL

5 FINANCIAL INSTITUTIONS TO TERRORIST

6 STATES.

7 The International Financial Institutions Act is

8 amended by inserting after section 1620 the following new

9 section:

10 ‘‘SEC. 1621. OPPOSITION TO ASSISTANCE BY INTER11 NATIONAL FINANCIAL INSTITUTIONS TO TER12 RORIST STATES.

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

14 shall instruct the United States Executive Director of each

15 international financial institution to vote against any loan

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

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

18 a determination under section 6(j) of the Export Adminis19 tration Act of 1979 or section 620A of the Foreign Assist20 ance Act of 1961.

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

22 term ‘international financial institution’ includes—

23 ‘‘(1) the International Bank for Reconstruction

24 and Development, the International Development

25 Association, and the International Monetary Fund;
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1 ‘‘(2) wherever applicable, the Inter-American

2 Bank, the Asian Development Bank, the European

3 Bank for Reconstruction and Development, the Afri4 can Development Bank, and the African Develop5 ment Fund; and

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

7 date of enactment of this section.’’.

8 SEC. 205. ANTITERRORISM ASSISTANCE.

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

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

11 amended—

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

13 and implementation of the antiterrorism assistance

14 program under this chapter, including’’;

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

17 ‘‘(d)(1) Arms and ammunition may be provided

18 under this chapter only if they are directly related to

19 antiterrorism assistance.

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

21 of all equipment and commodities provided under this

22 chapter may not exceed 30 percent of the funds made

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

24 and

25 (3) by striking subsection (f).
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1 (b) ASSISTANCE TO FOREIGN COUNTRIES.—Notwith2 standing any other provision of law (except section 620A

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

4 $1,000,000 in assistance may be provided to a foreign

5 country for counterterrorism efforts in any fiscal year if—

6 (1) such assistance is for the purpose of pro7 tecting the property of the United States Govern8 ment or the life and property of any United States

9 citizen, or furthering the apprehension of any indi10 vidual involved in any act of terrorism against such

11 property or persons; and

12 (2) the appropriate committees of Congress are

13 notified not later than 15 days prior to the provision

14 of such assistance.

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

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

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

19 new section:

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

21 of terrorism under section 6(j) of the Export Administra22 tion Act of 1979 or section 620A of the Foreign Assist23 ance Act of 1961 shall not be immune from the jurisdic24 tion of the courts of the United States.’’.
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1 SEC. 207. TECHNOLOGY TRANSFERS TO TERRORIST

2 STATES.

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

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

5 of Representatives and to the Chairman of the Committee

6 on Foreign Relations of the United States Senate includ7 ing a list of all products and technologies that could be

8 used to promote or engage in terrorist acts, including nec9 essary support equipment, which shall be designated as

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

11 (b) TECHNOLOGY TRANSFERS.—Notwithstanding

12 any other provision of law, no product or technology man13 ufactured or developed in the United States or by a sub14 sidiary of a United States body that has been determined

15 by the Secretary of the State to be critical technology or

16 product under section (a) may be sold by the United

17 States Government or by private United States commer18 cial interests to a state sponsor of terrorism as determined

19 by the Secretary of State under section 6(j) of the Export

20 Administration Act of 1979 or section 620A of the For21 eign Assistance Act of 1961 to any entity or organization

22 operating within such a state sponsor of terrorism.

23 SEC. 208. REPORT ON SUPPORT FOR INTERNATIONAL TER24 RORISTS.

25 Not later than 60 days after the date of enactment

26 of this Act, and annually thereafter in the report required
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1 by section 140 of the Foreign Relations Authorization Act,

2 Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), the Sec3 retary of State shall submit a report to the Speaker of

4 the House of Representatives and the Committee on For5 eign Relations of the Senate that includes—

6 (1) a detailed assessment of any country that

7 provided support of any type for international ter8 rorism, terrorist groups, or individual terrorists, in9 cluding countries that knowingly allowed terrorist

10 groups or individuals to transit or reside in their ter11 ritory, regardless of whether terrorist acts were com12 mitted on their territory by such individuals;

13 (2) a detailed assessment of individual country

14 efforts to take effective action against countries

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

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

17 status of compliance with international sanctions

18 and the status of bilateral economic relations; and

19 (3) United States Government efforts to imple20 ment this title.

21 TITLE III—ALIEN REMOVAL

22 SEC. 301. ALIEN TERRORIST REMOVAL.

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

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

25 242B the following new section:
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1 ‘‘REMOVAL OF ALIEN TERRORISTS

2 ‘‘SEC. 242C. (a) DEFINITIONS.—As used in this sec3 tion—

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

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

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

7 same meaning as defined in section 1(a) of the Clas8 sified Information Procedures Act (18 U.S.C. App.

9 IV);

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

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

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

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

14 described in subsection (d) of this section; and

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

16 the hearing described in subsection (f) of this sec17 tion.

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

19 section shall apply whenever the Attorney General certifies

20 under seal to the special court that—

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

22 General has approved of the proceeding under this

23 section;

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

25 the United States; and
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1 ‘‘(3) removal of such alien terrorist by deporta2 tion proceedings described in sections 242, 242A, or

3 242B would pose a risk to the national security of

4 the United States because such proceedings would

5 disclose classified information.

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

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

8 with respect to whom a certification has been made under

9 subsection (b), and notwithstanding any other provision

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

11 this subsection.

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

13 has been made under subsection (b) shall be given a re14 lease hearing before the special court designated pursuant

15 to subsection (d).

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

17 to such terms and conditions prescribed by the court (in18 cluding the posting of any monetary amount), pending the

19 special removal hearing if—

20 ‘‘(i) the alien is lawfully admitted for perma21 nent residence in the United States;

22 ‘‘(ii) the alien demonstrates that the alien, if re23 leased, is not likely to flee; and
27

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

2 alien will not endanger national security or the safe3 ty of any person or the community.

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

5 submitted in camera and ex parte in making a determina6 tion whether to release an alien pending the special hear7 ing.

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

9 United States shall publicly designate not more than 5

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

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

12 consistent with the designation of judges described in sec13 tion 103(a) of the Foreign Intelligence Surveillance Act

14 (50 U.S.C. 1803(a)).

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

16 discretion, designate the same judges under this section

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

18 United States Code.

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

20 (1) When the Attorney General makes the application de21 scribed in subsection (b), a single judge of the special

22 court shall consider the application in camera and ex

23 parte.
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1 ‘‘(2) The judge shall invoke the procedures of sub2 section (f), if the judge determines that there is probable

3 cause to believe that—

4 ‘‘(A) the alien who is the subject of the applica5 tion has been correctly identified; and

6 ‘‘(B) a deportation proceeding described in sec7 tion 242, 242A, or 242B would pose a risk to the

8 national security of the United States because such

9 proceedings would disclose classified information.

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

11 provided in paragraph (4), the special removal hearing au12 thorized by a showing of probable cause described in sub13 section (e)(2) shall be open to the public.

14 ‘‘(2) 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 such alien. Counsel may be

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

19 States Code.

20 ‘‘(3) The alien shall have a right to introduce evi21 dence on his own behalf, and except as provided in para22 graph (4), shall have a right to cross-examine any witness

23 or request that the judge issue a subpoena for the pres24 ence of a named witness.
29

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

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

3 the Attorney General determines that public disclosure

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

5 States because it would disclose classified information.

6 With respect to such evidence, the Attorney General shall

7 also submit to the court either—

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

9 the specific evidence would tend to prove; or

10 ‘‘(B) a summary of the specific evidence pre11 pared in accordance with paragraph (5).

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

13 (4)(B) shall contain a summary of the classified informa14 tion that does not pose a risk to national security.

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

16 judge finds that the summary is sufficient to inform the

17 alien of the general nature of the evidence that such per18 son is an alien as described in section 241(a), and to per19 mit the alien to prepare a defense.

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

21 to the alien of a copy of the summary approved under sub22 paragraph (B).

23 ‘‘(6) If the judge determines that the substituted evi24 dence described in paragraph (4)(B) will provide the alien

25 with substantially the same ability to make his defense as
30

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1 would disclosure of the specific evidence, then the deter2 mination of deportation (described in subsection (g)) may

3 be made pursuant to this section.

4 ‘‘(g) DETERMINATION OF DEPORTATION.—If the de5 termination in subsection (f)(6) has been made, the judge

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

7 (in camera and otherwise), require that the alien be de8 ported if the Attorney General proves, by clear and con9 vincing evidence, that the alien is subject to deportation

10 because such alien is an alien as described in section

11 241(a)(4)(B).

12 ‘‘(h) APPEALS.—(1) The alien may appeal a deter13 mination under subsection (g) to the United States Court

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

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

16 after the determination is made.

17 ‘‘(2) The Attorney General may appeal a determina18 tion under subsection (e), (f), or (g) to the court of appeals

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

20 such court not later than 20 days after the determination

21 is made under any one of such subsections.

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

23 entire record of the proceeding under this section shall be

24 transmitted to the court of appeals under seal. The court
31

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1 of appeals shall consider such appeal in camera and ex

2 parte.’’.

3 SEC. 302. EXTRADITION OF ALIENS.

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

5 Code, is amended—

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

7 this chapter’’; and

8 (2) by adding at the end the following new sub9 sections:

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

11 to permit, in the exercise of comity, the surrender of per12 sons, other than citizens, nationals, or permanent resi13 dents of the United States, who have committed crimes

14 of violence against nationals of the United States in for15 eign countries without regard to the existence of any trea16 ty of extradition with such foreign government if the At17 torney General certifies, in writing, that—

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

19 government that indicates that had the offenses been

20 committed in the United States, they would con21 stitute crimes of violence as defined under section 16

22 of this title; and

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

24 nature.
32

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

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

3 101(a)(22) of the Immigration and Nationality Act (8

4 U.S.C. 1101(a)(22)).’’.

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

6 States Code, is amended—

7 (1) in the first sentence by inserting after

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

9 following: ‘‘or in cases arising under section

10 3181(b),’’;

11 (2) in the first sentence by inserting after

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

13 for under section 3181(b),’’; and

14 (3) in the third sentence by inserting after

15 ‘‘treaty or convention,’’ the following: ‘‘or under sec16 tion 3181(b),’’.

17 SEC. 303. CHANGES TO THE IMMIGRATION AND NATIONAL18 ITY ACT TO FACILITATE REMOVAL OF ALIEN

19 TERRORISTS.

20 (a) Section 212(a)(3)(B) of the Immigration and Na21 tionality Act (8 U.S.C. 1182(a)(3)(B)) is amended to read

22 as follows:

23 ‘‘(B) TERRORISM ACTIVITIES.—

24 ‘‘(i) IN GENERAL.—Any alien who—
33

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1 ‘‘(I) has engaged in a terrorism

2 activity, or

3 ‘‘(II) a consular officer or the At4 torney General knows, or has reason

5 to believe, is likely to engage after

6 entry in any terrorism activity (as de7 fined in clause (iii)),

8 is excludable. As used in clause (B)(i), the

9 term ‘representative’ includes an officer,

10 official, or spokesman of the organization

11 and any person who directs, counsels, com12 mands, or induces such organization or its

13 members to engage in terrorism activity.

14 ‘‘(ii) TERRORISM ACTIVITY DE15 FINED.—As used in this Act, the term ‘ter16 rorism activity’ means any activity that is

17 unlawful under the laws of the place where

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

19 committed in the United States, would be

20 unlawful under the laws of the United

21 States or any State), and that involves any

22 of the following:

23 ‘‘(I) The hijacking or sabotage of

24 any conveyance (including an aircraft,

25 vessel, or vehicle).
34

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1 ‘‘(II) The seizing or detaining,

2 and threatening to kill, injure, or con3 tinue to detain, another individual to

4 compel a third person (including a

5 governmental organization) to do or

6 abstain from doing any act as an ex7 plicit or implicit condition for the re8 lease of the individual seized or de9 tained.

10 ‘‘(III) A violent attack upon an

11 internationally protected person (as

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

13 18, United States Code) or upon the

14 liberty of such a person.

15 ‘‘(IV) An assassination.

16 ‘‘(V) The use of any—

17 ‘‘(aa) biological agent, chem18 ical agent, or nuclear weapon or

19 device, or

20 ‘‘(bb) explosive, firearm, or

21 other weapon (other than for

22 mere personal monetary gain),

23 with intent to endanger, directly, or

24 indirectly, the safety of one or more
35

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1 individuals or to cause substantial

2 damage to property.

3 ‘‘(VI) A threat, attempt, or con4 spiracy to do any of the foregoing.

5 ‘‘(iii) ENGAGE IN TERRORISM ACTIV6 ITY DEFINED.—As used in this Act, the

7 term ‘engage in terrorism activity’ means

8 to commit, in an individual capacity or as

9 a member of an organization, an act of ter10 rorism activity or an act which the actor

11 knows, or reasonably should know, affords

12 material support to any individual, organi13 zation, or government which the actor

14 knows or reasonably should know has com15 mitted or plans to commit terrorism activ16 ity, including any of the following acts:

17 ‘‘(I) The preparation or planning

18 of terrorism activity.

19 ‘‘(II) The gathering of informa20 tion on potential targets for terrorism

21 activity.

22 ‘‘(III) The providing of any type

23 of material support, including a safe

24 house, transportation, communica25 tions, funds, false documentation or
36

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1 identification, weapons, explosives, or

2 training.

3 ‘‘(IV) The soliciting of funds or

4 other things of value for terrorism ac5 tivity or for any terrorist organization.

6 ‘‘(V) The solicitation of any indi7 vidual for membership in a terrorist

8 organization, terrorist government, or

9 to engage in a terrorism activity.

10 ‘‘(iv) TERRORIST ORGANIZATION DE11 FINED.—As used in this Act, the term ‘ter12 rorist organization’ means—

13 ‘‘(I) an organization engaged in,

14 or that has a significant subgroup

15 that engages in, in terrorism activity,

16 regardless of any legitimate activities

17 conducted by the organization or its

18 subgroups; and

19 ‘‘(II) an organization designated

20 by the President under section 2339B

21 of title 18.

22 ‘‘(v) TERRORISM DEFINED.—As used

23 in this Act, the term ‘terrorism’ means

24 premeditated, politically motivated violence
37

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1 perpetrated against noncombatant tar2 gets.’’.

3 (b) Section 241(a)(4)(B) of the Immigration and Na4 tionality Act (8 U.S.C. 1251(a)(4)(B)) is amended to read

5 as follows:

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

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

8 engages in any terrorism activity (as defined in sec9 tion 212(a)(3)(B)).’’.

10 (c) Section 291 of the Immigration and Nationality

11 Act (8 U.S.C. 1361) is amended by inserting after ‘‘cus12 tody of the Service.’’ the following new sentence: ‘‘The lim13 ited production authorized by this provision shall not ex14 tend to the records of any other agency or department

15 of the Government or to any documents that do not per16 tain to the respondent’s entry.’’.

17 (d) Section 242(b) of the Immigration and National18 ity Act (8 U.S.C. 1252(b)(3)) is amended by inserting im19 mediately after paragraph (4) the following: ‘‘For pur20 poses of paragraph (3), in the case of an alien who is not

21 lawfully admitted for permanent residence and notwith22 standing the provisions of any other law, reasonable op23 portunity shall not comprehend access to classified infor24 mation, whether or not introduced in evidence against the

25 alien. The provisions and requirements of section 3504 of
38

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

2 International Emergency and Economic Powers Act (50

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

4 SEC. 304. ACCESS TO CERTAIN CONFIDENTIAL IMMIGRA5 TION AND NATURALIZATION FILES THROUGH

6 COURT ORDER.

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

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

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

10 inserting the following: ‘‘General may—

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

12 discretion, for the furnishing of informa13 tion furnished under this section in the

14 same manner and circumstances as census

15 information may be disclosed by the Sec16 retary of Commerce under section 8 of title

17 13, United States Code; and

18 ‘‘(ii) may authorize an application to

19 a Federal court of competent jurisdiction

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

21 an order authorizing disclosure of informa22 tion contained in the application of the

23 alien (as a result of an investigation of the

24 alien by an investigative officer or law en-
39

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1 forcement officer) that is necessary to lo2 cate and identify the alien if—

3 ‘‘(I) such disclosure may result in

4 the discovery of information leading to

5 the location or identity of the alien;

6 ‘‘(II) such information is to be

7 used for identification of the alien

8 when there is reason to believe that

9 the alien has been killed or severely

10 incapacitated;

11 ‘‘(III) such disclosure may result

12 in the discovery of information leading

13 to the location or identity of the alien;

14 ‘‘(IV) such disclosure (and the

15 information discovered as a result of

16 such disclosure) will be used only for

17 criminal law enforcement purposes as

18 against the alien whose file is being

19 accessed;

20 ‘‘(V) may furnish information

21 under this section with respect to an

22 alien to an official coroner (upon the

23 written request of the coroner) for the

24 purposes of permitting the coroner to

25 identify a deceased individual; and
40

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1 ‘‘(VI) may provide, in the Attor2 ney General’s discretion, for the fur3 nishing of information furnished

4 under this section in the same manner

5 and circumstances as census informa6 tion may be disclosed to the Secretary

7 of Commerce under section 8 of title

8 13, United States Code.’’.

9 (b) Section 210(b) of the Immigration and National10 ity Act (8 U.S.C. 1160(b)) is amended—

11 (1) in paragraph (5), by inserting before the pe12 riod at the end the following: ‘‘, except as allowed

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

14 of this subsection’’; and

15 (2) in paragraph (6)—

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

17 subparagraph (C) and inserting a comma; and

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

19 the following: ‘‘except the Attorney General

20 may authorize an application to a Federal court

21 of competent jurisdiction for, and a judge of

22 such court may grant, an order authorizing dis23 closure of information contained in the applica24 tion of the alien to be used (A) for identifica25 tion of the alien when there is reason to believe
41

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1 that the alien has been killed or severely inca2 pacitated, or (B) for criminal law enforcement

3 purposes against the alien whose application is

4 to be disclosed.’’.

5 TITLE IV—CONTROL OF FUND6 RAISING FOR TERRORISM AC7 TIVITIES

8 SEC. 401. PROHIBITION ON TERRORIST FUNDRAISING.

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

10 States Code, is amended by adding at the end the follow11 ing new section:

12 ‘‘§ 2339B. Fundraising for terrorist organizations

13 ‘‘(a) FINDINGS AND PURPOSE.—

14 ‘‘(1) The Congress finds that—

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

16 problem which threatens the interests of the

17 United States overseas and within our territory;

18 ‘‘(B) some foreign terrorist organizations,

19 acting through affiliated groups or individuals,

20 raise significant funds within the United States

21 or use the United States as a conduit for the

22 receipt of funds raised in other nations; and

23 ‘‘(C) the provision of funds to organiza24 tions that engage in terrorism serves to facili25 tate their terrorist endeavors, regardless of
42

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1 whether the funds, in whole or in part, are in2 tended or claimed to be used for nonviolent pur3 poses.

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

5 the Federal Government the fullest possible basis,

6 consistent with the Constitution, to prevent persons

7 within the United States or subject to the jurisdic8 tion of the United States from providing funds, di9 rectly or indirectly, to foreign organizations, includ10 ing subordinate or affiliated persons, that engage in

11 terrorism activities.

12 ‘‘(b) AUTHORITY.—Notwithstanding any other provi13 sion of law, the President is authorized to regulate or pro14 hibit—

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

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

17 including persons assisting such organization in

18 fundraising, that the President has designated pur19 suant to subsection (c) as being engaged in terror20 ism activities; or

21 ‘‘(2) financial transactions with any such for22 eign organization,

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

24 jurisdiction of the States anywhere.

25 ‘‘(c) DESIGNATION.—
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1 ‘‘(1) Pursuant to the authority granted in sub2 section (b), the President is authorized to designate

3 any foreign organization based on finding that—

4 ‘‘(A) the organization engages in terrorism

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

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

7 1182(a)(3)(B)); and

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

9 threaten the national security, foreign policy, or

10 economy of the United States.

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

12 to Congress a report containing a list of the organi13 zations that the President has determined engage in,

14 or provide support for, terrorism activity (as defined

15 in section 212(a)(3)(B) of the Immigration and Na16 tionality Act (8 U.S.C. 1182(a)(3)(B)).

17 ‘‘(3) Pursuant to the authority granted in sub18 section (b), the President is authorized to designate

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

20 on behalf of, any foreign organization designated

21 pursuant to paragraph (1).

22 ‘‘(4)(A) If the President finds that the condi23 tions that were the basis for any designation issued

24 under this subsection have changed in such a man25 ner as to warrant revocation of such designation, or
44

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1 that the national security, foreign relations, or eco2 nomic interests of the United States so warrant, the

3 President may revoke such designation in whole or

4 in part.

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

6 President makes a determination that an organiza7 tion no longer engages in, or supports, terrorism ac8 tivity, the President shall prepare and transmit to

9 Congress a supplemental report stating the reasons

10 for the determination.

11 ‘‘(5) Any designation, or revocation thereof, is12 sued pursuant to this subsection shall be published

13 in the Federal Register and shall become effective

14 immediately upon publication.

15 ‘‘(6) Any revocation of a designation shall not

16 affect any action or proceeding based on any con17 duct committed prior to the effective date of such

18 revocation.

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

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

21 terrorism activities under this section may appeal such

22 designation in the District Court for the District of Co23 lumbia not later than 30 days after publication of such

24 designation in the Federal Register.

25 ‘‘(e) PROHIBITED ACTIVITIES.—
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1 ‘‘(1) Except as authorized pursuant to the pro2 cedures in subsection (f), it shall be unlawful for any

3 person within the United States, or any person sub4 ject to the jurisdiction of the United States any5 where, to directly or indirectly, raise, receive, or col6 lect on behalf of, or furnish, give, transmit, transfer,

7 or provide funds to or for an organization or person

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

9 to attempt to do any of the foregoing.

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

11 the United States or any person subject to the juris12 diction of the United States anywhere, acting for or

13 on behalf of any organization or person designated

14 under subsection (c)—

15 ‘‘(A) to transmit, transfer, or receive any

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

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

18 any funds in which any organization or person

19 designated pursuant to subsection (c) has an

20 interest.

21 ‘‘(f) AUTHORIZED TRANSACTIONS.—

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

23 consistent with this subsection, setting forth the pro24 cedures to be followed by persons seeking to raise or
46

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1 provide funds for an organization designated under

2 subsection (c)(1).

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

4 any person subject to the jurisdiction of the United

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

6 transfer funds to, any organization or person des7 ignated under subsection (c) shall, regardless of

8 whether it has an agency relationship with the des9 ignated organization or person, first obtain a license

10 from the Secretary and may solicit funds or transfer

11 funds to a designated organization or person only as

12 permitted under the terms of a license issued by the

13 Secretary.

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

15 after the person establishes to the satisfaction of the

16 Secretary that—

17 ‘‘(A) the funds are intended to be used ex18 clusively for religious, charitable, literary, or

19 educational, or any other nonterrorist purposes;

20 and

21 ‘‘(B) all recipient organizations in any

22 fundraising chain have effective procedures in

23 place to ensure that the funds—
47

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1 ‘‘(i) will be used exclusively for reli2 gious, charitable, literary, or educational,

3 or any other nonterrorist purposes; and

4 ‘‘(ii) will not be used to offset a trans5 fer of funds to be used in terrorist activity.

6 ‘‘(4) Any person granted a license shall main7 tain books and records, as required by the Secretary,

8 that establish the source of all funds it receives, ex9 penses it incurs, and disbursements it makes. Such

10 books and records shall be made available for inspec11 tion not later than 3 business days after a request

12 by the Secretary. Any person granted a license shall

13 also have an agreement with any recipient organiza14 tion or person that the books and records of such or15 ganization or person, wherever located, shall be

16 made available for inspection of the Secretary upon

17 a request of the Secretary at a place and time agree18 able to the organization or person and the Secretary.

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

20 by this subsection shall automatically expire upon

21 publication of the revocation of a designation under

22 subsection (c)(4).

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

24 subsection may appeal to the District Court for the

25 District of Columbia.
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1 ‘‘(g) SPECIAL REQUIREMENTS FOR FINANCIAL IN2 STITUTIONS.—

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

4 means of directives, regulations, or licenses, any fi5 nancial institution that becomes aware that it has

6 possession of or control over any funds in which an

7 organization or person designated under subsection

8 (c) has an interest, shall—

9 ‘‘(A) retain possession of or maintain con10 trol over such funds; and

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

12 of such funds in accordance with the regula13 tions prescribed by the Secretary.

14 ‘‘(2) Any financial institution that fails to re15 port to the Secretary the existence of such funds

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

17 for each day that it fails to report to the Sec18 retary—

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

20 or controlled at the time of the designation of

21 the organization or person, within 10 days after

22 the designation; and

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

24 of or control over arose after the designation of

25 the organization or person, within 10 days after
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1 the financial institution obtained possession of

2 or control over the funds.

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

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

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

6 be conducted by the Attorney General, except that inves7 tigations relating to—

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

9 a license issued by the Secretary pursuant to sub10 section (f);

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

12 the requirements of subsection (g); and

13 ‘‘(3) civil penalty proceedings authorized pursu14 ant to subsection (j),

15 shall be conducted in coordination with the Attorney Gen16 eral by the office within the Department of the Treasury

17 responsible for licensing and civil penalty proceedings au18 thorized by this section. Any evidence of a criminal viola19 tion of this section arising in the course of an investigation

20 by the Secretary or any other Federal agency shall be re21 ferred immediately to the Attorney General for further in22 vestigation. The Attorney General shall timely notify the

23 Secretary of any action taken on referrals from the Sec24 retary, and may refer investigations to the Secretary for

25 remedial licensing or civil penalty action.
50

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1 ‘‘(i) RECORDKEEPING AND REPORTING; CIVIL PRO2 CEDURES.—

3 ‘‘(1) Notwithstanding any other provision of

4 law, in exercising the authorities granted by this sec5 tion, the Secretary and the Attorney General may

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

7 furnish under oath, in the form of reports or other8 wise, complete information relative to any act or

9 transaction referred to in this section either before,

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

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

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

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

14 under this subsection, the Secretary or the Attorney

15 General may require the production of any books of

16 account, records, contracts, letters, memoranda, or

17 other papers or documents, whether maintained in

18 hard copy or electronically, in the control or custody

19 of such person.

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

21 and the Attorney General may hold hearings, sign

22 and issue subpoenas, administer oaths, examine wit23 nesses, and receive evidence.

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

25 obey a subpoena issued to, any person, the Attorney
51

•S 735 PCS1S

1 General may invoke the aid of any court of the

2 United States within the jurisdiction of which the in3 vestigation is carried on or of which the subpoenaed

4 person is an inhabitant, or in which the subpoenaed

5 person carries on business or may be found, to com6 pel compliance with the subpoena. The court may

7 issue an order requiring the subpoenaed person to

8 appear before the agency issuing the subpoena, or

9 other order or direction, to produce records, if so or10 dered, or to give testimony touching the matter

11 under investigation. Any failure to obey the order of

12 the court may be punished by the court as a con13 tempt thereof. All process in any such case may be

14 served in any judicial district in which such person

15 may be found.

16 ‘‘(j) PENALTIES.—

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

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

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

20 to ten years, or both.

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

22 make available to the Secretary upon his request or

23 demand the books or records required by subsection

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

25 be subject to a civil penalty of $50,000 or twice the
52

•S 735 PCS1S

1 amount of money which would have been docu2 mented had the books and records been properly

3 maintained, whichever is greater.

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

5 required of financial institutions pursuant to sub6 section (g)(1), or by regulations promulgated there7 under, shall be subject to a civil penalty of $50,000

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

9 the financial institution was required to retain pos10 session or control, whichever is greater.

11 ‘‘(C) Except as otherwise specified in this sec12 tion, any person who violates any license, order, di13 rection, or regulation issued pursuant to this section

14 shall be subject to a civil penalty of $50,000 per vio15 lation, or twice the value of the violation, whichever

16 is greater.

17 ‘‘(3) Any person who intentionally fails to main18 tain or to make available to the Secretary the books

19 or records required by subsection (i), or by regula20 tions promulgated thereunder, shall be fined under

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

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

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

24 upon conviction, forfeit any charitable designation it
53

•S 735 PCS1S

1 might have received under the Internal Revenue

2 Code.

3 ‘‘(k) INJUNCTION.—

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

5 the Attorney General that any person is engaged in,

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

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

8 Attorney General may initiate civil action in a dis9 trict court of the United States to enjoin such viola10 tion.

11 ‘‘(2) A proceeding under this subsection is gov12 erned by the Federal Rules of Civil Procedure, ex13 cept that, if an indictment has been returned against

14 the respondent, discovery is governed by the Federal

15 Rules of Criminal Procedure.

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

17 extraterritorial Federal jurisdiction over an offense under

18 this section.

19 ‘‘(m) CLASSIFIED INFORMATION IN CIVIL PROCEED20 INGS BROUGHT BY THE UNITED STATES.—

21 ‘‘(1) DISCOVERY OF CLASSIFIED INFORMATION

22 BY DEFENDANTS.—A court, upon a sufficient show23 ing, may authorize the United States to delete speci24 fied items of classified information from documents

25 to be introduced into evidence or made available to
54

•S 735 PCS1S

1 the defendant through discovery under the Federal

2 Rules of Civil Procedure, to substitute a summary of

3 the information for such classified documents, or to

4 substitute a statement admitting relevant facts that

5 the classified information would tend to prove. The

6 court shall permit the United States to make a re7 quest for such authorization in the form of a written

8 statement to be inspected by the court alone. If the

9 court enters an order granting relief following such

10 an ex parte showing, the entire text of the statement

11 of the United States shall be sealed and preserved

12 in the records of the court to be made available to

13 the appellate court in the event of an appeal. If the

14 court enters an order denying relief to the United

15 States under this paragraph, the United States may

16 take an immediate, interlocutory appeal in accord17 ance with the provisions of paragraph (3). For pur18 poses of such an appeal, the entire text of the under19 lying written statement of the United States, to20 gether with any transcripts of arguments made ex

21 parte to the court in connection therewith, shall be

22 maintained under seal and delivered to the appellate

23 court.

24 ‘‘(2) INTRODUCTION OF CLASSIFIED INFORMA25 TION; PRECAUTIONS BY COURT.—
55

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

2 prevent unnecessary or inadvertent disclosure of

3 classified information in a civil trial or other

4 proceeding brought by the United States under

5 this section, may petition the court ex parte to

6 admit, in lieu of classified writings, recordings

7 or photographs, one or more of the following:

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

9 classified information has been deleted;

10 ‘‘(ii) stipulations admitting relevant

11 facts that specific classified information

12 would tend to prove; or

13 ‘‘(iii) a summary of the specific classi14 fied information.

15 The court shall grant such a motion of the

16 United States if the court finds that the re17 dacted item, stipulation, or summary will pro18 vide the defendant with substantially the same

19 ability to make his defense as would disclosure

20 of the specific classified information.

21 ‘‘(B) TAKING OF TRIAL TESTIMONY.—Dur22 ing the examination of a witness in any civil

23 proceeding brought by the United States under

24 this section, the United States may object to

25 any question or line of inquiry that may require
56

•S 735 PCS1S

1 the witness to disclose classified information not

2 previously found to be admissible. Following

3 such an objection, the court shall take suitable

4 action to determine whether the response is ad5 missible and, in doing so, shall take precautions

6 to guard against the compromise of any classi7 fied information. Such action may include per8 mitting the United States to provide the court,

9 ex parte, with a proffer of the witness’s re10 sponse to the question or line of inquiry, and

11 requiring the defendant to provide the court

12 with a proffer of the nature of the information

13 the defendant seeks to elicit.

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

15 order denying relief to the United States under

16 this subsection, the United States may take an

17 immediate interlocutory appeal in accordance

18 with paragraph (3).

19 ‘‘(3) INTERLOCUTORY APPEAL.—

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

21 States shall lie to a court of appeals from a de22 cision or order of a district court—

23 ‘‘(i) authorizing the disclosure of clas24 sified information;
57

•S 735 PCS1S

1 ‘‘(ii) imposing sanctions for

2 nondisclosure of classified information; or

3 ‘‘(iii) refusing a protective order

4 sought by the United States to prevent the

5 disclosure of classified information.

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

7 paragraph either before or during trial shall be

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

9 an appeal shall be taken not later than 10 days

10 after the decision or order appealed from, and

11 the trial shall not commence until the appeal is

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

13 trial court shall adjourn the trial until the ap14 peal is resolved. The court of appeals—

15 ‘‘(i) shall hear argument on such ap16 peal not later than 4 days after the ad17 journment of the trial;

18 ‘‘(ii) may dispense with written briefs

19 other than the supporting materials pre20 viously submitted to the trial court;

21 ‘‘(iii) shall render its decision not

22 later than 4 days after argument on ap23 peal; and
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•S 735 PCS1S

1 ‘‘(iv) may dispense with the issuance

2 of a written opinion in rendering its deci3 sion.

4 ‘‘(C) An interlocutory appeal and decision

5 under this paragraph shall not affect the right

6 of the defendant, in a subsequent appeal from

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

8 the trial court on remand of a ruling appealed

9 from during trial.

10 ‘‘(4) CONSTRUCTION.—Nothing in this sub11 section shall prevent the United States from seeking

12 protective orders or asserting privileges ordinarily

13 available to the United States to protect against the

14 disclosure of classified information, including the in15 vocation of the military and State secrets privilege.

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

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

18 any information or material that has been deter19 mined by the United States Government pursuant to

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

21 protection against unauthorized disclosure for rea22 sons of national security and any restricted data, as

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

24 Energy Act of 1954 (42 U.S.C. 2014(y));
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1 ‘‘(2) the term ‘financial institution’ has the

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

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

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

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

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

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

9 any other negotiable instrument, and any electronic

10 representation of any of the foregoing;

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

13 States;

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

15 partnership, association, group, corporation, or other

16 organization;

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

18 of the Treasury; and

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

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

22 (b) TECHNICAL AMENDMENT.—The analysis for

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

24 by adding at the end the following new item:

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

3 (relating to classified information in civil proceedings

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

5 civil proceedings brought by the United States under the

6 International Emergency Economic Powers Act (50

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

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

10 Section 120005 of Public Law 103–322, September

11 13, 1994, is amended to read at the time of its enactment

12 on September 13, 1994, as follows:

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

14 States Code, is amended by adding the following new sec15 tion:

16 ‘‘§ 2339A. Providing material support to terrorists

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

18 or resources’ means currency or other financial securities,

19 financial services, lodging, training, safehouses, false doc20 umentation or identification, communications equipment,

21 facilities, weapons, lethal substances, explosives, person22 nel, transportation, and other physical assets, but does not

23 include humanitarian assistance to persons not directly in24 volved in such violations.
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1 ‘‘(b) OFFENSE.—A person who, within the United

2 States, provides material support or resources or conceals

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

4 material support or resources, knowing or intending that

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

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

7 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, or

8 2332a of this title or section 46502 of title 49, or in prepa9 ration for or carrying out the concealment or an escape

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

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

12 both.’’.

13 TITLE V—ASSISTANCE TO FED14 ERAL LAW ENFORCEMENT

15 AGENCIES

16 Subtitle A—Antiterrorism

17 Assistance

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

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

20 Investigation shall study all applicable guidelines and laws

21 regulating domestic surveillance.

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

23 of enactment of this Act, the Director of the Federal Bu24 reau of Investigation shall report to Congress the findings

25 of the review of laws and guidelines conducted pursuant
62

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1 to subsection (a), and shall provide suggestions, to the ex2 tent that any changes in current policy are needed, for

3 enhancing domestic surveillance in support of investiga4 tions.

5 SEC. 502. FEDERAL BUREAU OF INVESTIGATION COUNTER6 INTELLIGENCE.

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

8 (15 U.S.C. 1681 et seq.) is amended by adding after sec9 tion 623 the following new section:

10 ‘‘SEC. 624. DISCLOSURES TO FEDERAL BUREAU OF INVES11 TIGATION FOR COUNTERINTELLIGENCE PUR12 POSES.

13 ‘‘(a) IDENTITY OF FINANCIAL INSTITUTIONS.—Not14 withstanding section 604 or any other provision of this

15 title, a consumer reporting agency shall furnish to the

16 Federal Bureau of Investigation the names and addresses

17 of all financial institutions (as that term is defined in sec18 tion 1101 of the Right to Financial Privacy Act of 1978)

19 at which a consumer maintains or has maintained an ac20 count, to the extent that information is in the files of the

21 agency, when presented with a written request for that

22 information, signed by the Director of the Federal Bureau

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

24 compliance with this section. The Director or the Direc25 tor’s designee may make such a certification only if the
63

•S 735 PCS1S

1 Director or the Director’s designee has determined in writ2 ing that—

3 ‘‘(1) such information is necessary for the con4 duct of an authorized foreign counterintelligence in5 vestigation; and

6 ‘‘(2) there are specific and articulable facts giv7 ing reason to believe that the consumer—

8 ‘‘(A) is a foreign power (as defined in sec9 tion 101 of the Foreign Intelligence Surveil10 lance Act of 1978) or a person who is not a

11 United States person (as defined in such sec12 tion 101) and is an official of a foreign power;

13 or

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

15 engaging or has engaged in international terror16 ism (as that term is defined in section 101(c)

17 of the Foreign Intelligence Surveillance Act of

18 1978) or clandestine intelligence activities that

19 involve or may involve a violation of criminal

20 statutes of the United States.

21 ‘‘(b) IDENTIFYING INFORMATION.—Notwithstanding

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

23 reporting agency shall furnish identifying information re24 specting a consumer, limited to name, address, former ad25 dresses, places of employment, or former places of employ-
64

•S 735 PCS1S

1 ment, to the Federal Bureau of Investigation when pre2 sented with a written request, signed by the Director or

3 the Director’s designee, which certifies compliance with

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

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

6 Director’s designee has determined in writing that—

7 ‘‘(1) such information is necessary to the con8 duct of an authorized counterintelligence investiga9 tion; and

10 ‘‘(2) there is information giving reason to be11 lieve that the consumer has been, or is about to be,

12 in contact with a foreign power or an agent of a for13 eign power (as defined in section 101 of the Foreign

14 Intelligence Surveillance Act of 1978).

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

16 REPORTS.—Notwithstanding section 604 or any other

17 provision of this title, if requested in writing by the Direc18 tor of the Federal Bureau of Investigation, or a designee

19 of the Director, a court may issue an order ex parte direct20 ing a consumer reporting agency to furnish a consumer

21 report to the Federal Bureau of Investigation, upon a

22 showing in camera that—

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

24 conduct of an authorized foreign counterintelligence

25 investigation; and
65

•S 735 PCS1S

1 ‘‘(2) there are specific and articulable facts giv2 ing reason to believe that the consumer whose

3 consumer report is sought—

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

5 ‘‘(B) is engaging or has engaged in inter6 national terrorism (as that term is defined in

7 section 101(c) of the Foreign Intelligence Sur8 veillance Act of 1978) or clandestine intel9 ligence activities that involve or may involve a

10 violation of criminal statutes of the United

11 States.

12 The terms of an order issued under this subsection shall

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

14 counterintelligence investigation.

15 ‘‘(d) CONFIDENTIALITY.—

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

17 employee, or agent of a consumer reporting agency

18 shall disclose to any person, other than officers, em19 ployees, or agents of a consumer reporting agency

20 necessary to fulfill the requirement to disclose infor21 mation to the Federal Bureau of Investigation under

22 this section, that the Federal Bureau of Investiga23 tion has sought or obtained the identity of financial

24 institutions or a consumer report respecting any

25 consumer under subsection (a), (b), or (c).
66

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

2 employee, or agent of a consumer reporting agency

3 shall include in any consumer report any informa4 tion that would indicate that the Federal Bureau of

5 Investigation has sought or obtained such informa6 tion or a consumer report.

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

8 Investigation shall, subject to the availability of appropria9 tions, pay to the consumer reporting agency assembling

10 or providing reports or information in accordance with

11 procedures established under this section, a fee for reim12 bursement for such costs as are reasonably necessary and

13 which have been directly incurred in searching, reproduc14 ing, or transporting books, papers, records, or other data

15 required or requested to be produced under this section.

16 ‘‘(f) LIMIT ON DISSEMINATION.—The Federal Bu17 reau of Investigation may not disseminate information ob18 tained pursuant to this section outside of the Federal Bu19 reau of Investigation, except—

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

21 necessary for the approval or conduct of a foreign

22 counterintelligence investigation; and

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

24 subject to the Uniform Code of Military Justice, to

25 appropriate investigative authorities within the mili-
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1 tary department concerned as may be necessary for

2 the conduct of a joint foreign counterintelligence in3 vestigation.

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

5 section shall be construed to prohibit information from

6 being furnished by the Federal Bureau of Investigation

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

8 with a judicial or administrative proceeding to enforce the

9 provisions of this Act. Nothing in this section shall be con10 strued to authorize or permit the withholding or informa11 tion from the Congress.

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

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

14 inform the Permanent Select Committee on Intelligence

15 and the Committee on Banking and Financial Services of

16 the House of Representatives, and the Select Committee

17 on Intelligence and the Committee on Banking, Housing,

18 and Urban Affairs of the Senate concerning all requests

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

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

21 United States obtaining or disclosing any consumer re22 ports, records, or information contained therein in viola23 tion of this section is liable to the consumer to whom such

24 consumer reports, records, or information relate in an

25 amount equal to the sum of—
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•S 735 PCS1S

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

2 consumer reports, records, or information involved;

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

4 consumer as a result of the disclosure;

5 ‘‘(3) if the violation is found to have been will6 ful or intentional, such punitive damages as a court

7 may allow; and

8 ‘‘(4) in the case of any successful action to en9 force liability under this subsection, the costs of the

10 action, together with reasonable attorney fees, as de11 termined by the court.

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

13 court determines that any agency or department of the

14 United States has violated any provision of this section

15 and the court finds that the circumstances surrounding

16 the violation raise questions of whether or not an officer

17 or employee of the agency or department acted willfully

18 or intentionally with respect to the violation, the agency

19 or department shall promptly initiate a proceeding to de20 termine whether or not disciplinary action is warranted

21 against the officer or employee who was responsible for

22 the violation.

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

24 any other provision of this title, any consumer reporting

25 agency or agent or employee thereof making disclosure of
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1 consumer reports or identifying information pursuant to

2 this subsection in good-faith reliance upon a certification

3 of the Federal Bureau of Investigation pursuant to provi4 sions of this section shall not be liable to any person for

5 such disclosure under this title, the constitution of any

6 State, or any law or regulation of any State or any politi7 cal subdivision of any State notwithstanding.

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

9 any other provision of this title, the remedies and sanc10 tions set forth in this section shall be the only judicial

11 remedies and sanctions for violation of this section.

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

13 remedy contained in this section, injunctive relief shall be

14 available to require compliance with the procedures of this

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

16 subsection, costs together with reasonable attorney fees,

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

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

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

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

21 relating to section 623 the following new item:

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

purposes.’’.
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1 SEC. 503. ADMINISTRATIVE SUBPOENAS FOR COMMON CAR2 RIERS AND INNKEEPERS.

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

4 amended by inserting after section 537 the following new

5 section:

6 ‘‘§ 538. Administrative summons authority for com7 mon carriers and innkeepers

8 ‘‘(a) ISSUANCE.—

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

10 promulgated by the Attorney General in consultation

11 with the Director of the Federal Bureau of Inves12 tigation, the Director, and supervisory level special

13 agents of the Federal Bureau of Investigation des14 ignated by the Director may issue in writing and

15 cause to be served upon a common carrier or inn16 keeper, a summons requiring the common carrier or

17 innkeeper to produce the materials at the place des18 ignated in the summons, upon a determination that

19 the common carrier or innkeeper may possess, or

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

21 papers, documents, or other tangible things or ob22 jects, in any form, that may be relevant to a foreign

23 counterintelligence activity.

24 ‘‘(2) CONTENTS.—The summons shall—

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

26 with reasonably sufficient clarity and particu-
71

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1 larity to enable the materials to be identified;

2 and

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

4 a reasonable period of time within which the

5 material can be assembled and made available.

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

7 may be served by any person designated in the summons

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

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

10 may be made upon a domestic or foreign corporation or

11 upon a partnership or other unincorporated association by

12 delivering the summons personally or by certified or reg13 istered mail to an officer, managing or general agent, or

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

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

16 affidavit of the person serving the summons shall be proof

17 of service.

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

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

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

21 of the United States.

22 ‘‘(d) ENFORCEMENT.—

23 ‘‘(1) REFUSAL TO OBEY.—In the case of contu24 macy, neglect, or refusal to obey a summons issued

25 to and served upon any person pursuant to this sec-
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1 tion, the Attorney General or a designee of the At2 torney General may invoke the aid of any court of

3 the United States within which the investigation is

4 pending, the summons was served, or the summoned

5 person carries on business or may be found, to com6 pel compliance with the summons. All process in any

7 such case may be served in any judicial district in

8 which such person may be found.

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

10 after the earlier of the service of a summons upon

11 a common carrier or innkeeper, or at any time be12 fore the return date specified in the summons, the

13 common carrier or innkeeper may file in the district

14 court of the United States for the judicial district in

15 which the investigation is pending, a petition for an

16 order modifying or setting aside the summons issued

17 pursuant to subsection (a), or a prohibition of disclo18 sure order obtained or a certification issued by the

19 Government pursuant to subsection (f).

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

21 upon which the petitioner relies in seeking relief.

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

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

24 a petition to modify or set aside the summons.
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1 ‘‘(D) The time allowed for initiation of formal

2 criminal proceedings under any applicable statute of

3 limitations shall be tolled while the petition is pend4 ing in court or an appeal.

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

6 district courts of the United States shall have juris7 diction to hear and determine the matters arising

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

9 be required to effectuate the provisions of this sec10 tion. Any failure to obey the order entered by the

11 district judge may be punished as a contempt there12 of. Any petition filed or order entered relating to a

13 summons issued and served with an order of

14 nondisclosure pursuant to subsection (f) shall be

15 under seal. All proceedings relating to or arising

16 from a summons or certification of nondisclosure is17 sued in connection with the collection of positive for18 eign intelligence or counterintelligence shall be under

19 seal and in compliance with applicable statutes, reg20 ulations, and orders relating to handling of classified

21 information.

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

23 served with a summons issued pursuant to this sec24 tion shall proceed to assemble the materials re-
74

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1 quested and shall be prepared to produce them on

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

3 ‘‘(e) LIMITATIONS.—

4 ‘‘(1) CONSTRUCTION WITH OTHER LAWS.—Ex5 cept as expressly provided in this section, nothing in

6 this section shall supersede the provisions of any

7 other law of the United States that regulates access

8 to materials by Federal agencies.

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

10 shall require the production of materials, if such ma11 terials would be protected from production under the

12 standards applicable to a subpoena duces tecum is13 sued by a court of the United States in aid of the

14 grand jury investigation for the purpose of Federal

15 indictment and prosecution. Nothing in this sub16 section shall be construed to bar the use of the sum17 mons authorized by this section in connection with

18 gathering data for foreign intelligence purposes.

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

20 OTHER PROCEEDING.—Nothing in this section or in

21 any other statute or rule shall be construed to pro22 hibit the use of materials or the information con23 tained therein obtained pursuant to this section in

24 any investigation or proceeding.

25 ‘‘(f) PROHIBITION OF DISCLOSURE.—
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1 ‘‘(1) IN GENERAL.—(A) Notwithstanding any

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

3 United States District Court Judge for the district

4 in which the investigation is pending may, upon ap5 plication of the United States without notice to a

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

7 person served with a summons pursuant to this sec8 tion, or their representative, shall disclose to any

9 other person the existence of such summons, for a

10 period of 180 days.

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

12 that the materials being sought may be relevant to

13 a legitimate law enforcement inquiry involving a risk

14 to national security and that there is reason to be15 lieve that such disclosure may result in—

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

17 of any person;

18 ‘‘(ii) flight from prosecution;

19 ‘‘(iii) destruction of or tampering with evi20 dence;

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

22 ‘‘(v) defeating any remedy or penalty pro23 vided for violation of the laws of the United

24 States.
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1 ‘‘(2) RENEWAL.—The period of nondisclosure

2 may be renewed for additional 180 day periods pur3 suant to this subsection.

4 ‘‘(3) FOREIGN INTELLIGENCE OR COUNTER5 INTELLIGENCE.—Notwithstanding any other provi6 sion of Federal, State, or local law, no person served

7 with a summons issued pursuant to this section, or

8 their representative, shall disclose the existence of

9 such summons in any case in which the Director of

10 the Federal Bureau of Investigation or a special

11 agent of the rank of Assistant Special Agent-In12 Charge or above designated by the Director certifies

13 that the summons was issued for the purpose of col14 lecting positive foreign intelligence or counterintel15 ligence.

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

17 knowingly and willfully discloses or attempts to dis18 close the existence of a summons in violation of this

19 subsection shall be subject to imprisonment up to 5

20 years or fined as provided under section 3571 of

21 title 18, or both.

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

23 this subsection shall prohibit any person from dis24 closing the service of a summons pursuant to this
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1 section to any attorney for purposes of filing a peti2 tion pursuant to subsection (d)(2).

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

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

5 in good faith reliance on an order or certification of

6 nondisclosure pursuant to this subsection, produces

7 any materials and does not disclose such production

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

9 any customer or other person for such

10 nondisclosure.’’

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

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

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

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

inkeepers.’’

14 SEC. 504. INCREASE IN MAXIMUM REWARDS FOR INFORMA15 TION CONCERNING INTERNATIONAL TER16 RORISM.

17 (a) TERRORISM ABROAD.—Section 36 of the State

18 Department Basic Authorities Act of 1956 (22 U.S.C.

19 2708) is amended—

20 (1) in subsection (c), by striking ‘‘$2,000,000’’

21 and inserting ‘‘$10,000,000’’; and

22 (2) in subsection (g), by striking ‘‘$5,000,000’’

23 and inserting ‘‘$10,000,000.
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1 (b) DOMESTIC TERRORISM.—Title 18, United States

2 Code, is amended—

3 (1) in section 3072, by striking ‘‘$5,000,000’’

4 and inserting ‘‘$10,000,000’’; and

5 (2) in section 3075, by striking ‘‘$5,000,000’’

6 and inserting ‘‘$10,000,000’’.

7 SEC. 505. FEDERAL BUREAU OF INVESTIGATION REPORT.

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

9 Federal Bureau of Investigation shall report to Congress

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

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

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

13 report shall include any recommendations of the Director

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

15 effectiveness of such section.

16 Subtitle B—Intelligence

17 SEC. 511. STUDY AND REPORT ON ELECTRONIC SURVEIL18 LANCE.

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

20 of the Federal Bureau of Investigation shall study all ap21 plicable laws and guidelines relating to electronic surveil22 lance and the use of pen registers and other trap and trace

23 devices.

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

25 of enactment of this Act, the Attorney General shall report
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1 to the Congress on the findings of the study conducted

2 pursuant to subsection (a), and shall provide recommenda3 tions for the use of electronic devices in conducting sur4 veillance of terrorist or other criminal organizations, and

5 for any modifications in the law necessary to enable the

6 Federal Government to fulfill its law enforcement respon7 sibilities within appropriate constitutional parameters.

8 SEC. 512. WIRETAP AUTHORITY FOR TERRORISM AND RE9 LATED OFFENSES.

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

11 amended—

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

13 175 (relating to biological weapons),’’ the following:

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

15 production of false identification documentation),

16 sections 1541, 1542, 1543, 1544, and 1546 (relating

17 to passport and visa offenses),’’;

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

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

20 (3) by inserting after paragraph (l) the follow21 ing new paragraph:

22 ‘‘(m) a violation of (i) section 274 of the Immigration

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

24 smuggling), (ii) section 277 of the Immigration and Na25 tionality Act (8 U.S.C. 1327) (relating to the smuggling
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1 of aliens convicted of aggravated felonies or of aliens sub2 ject to exclusion on grounds of national security), or (iii)

3 section 278 of the Immigration and Nationality Act (8

4 U.S.C. 1328) (relating to smuggling of aliens for the pur5 pose of prostitution);’’.

6 SEC. 513. PARTICIPATION OF FOREIGN AND STATE GOV7 ERNMENT PERSONNEL IN INTERCEPTIONS

8 OF COMMUNICATIONS.

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

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

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

12 ‘‘Government personnel’’.

13 SEC. 514. DISCLOSURE OF INTERCEPTED COMMUNICA14 TIONS TO FOREIGN LAW ENFORCEMENT

15 AGENCIES.

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

17 amended by inserting before the semicolon the following:

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

19 2517, any person authorized to perform investigative, law

20 enforcement, or prosecutorial functions by a foreign gov21 ernment’’.
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1 SEC. 515. AUTHORIZATION FOR INTERCEPTIONS OF COM2 MUNICATIONS IN CERTAIN TERRORISM RE3 LATED OFFENSES.

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

5 is amended—

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

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

8 (2) by redesignating paragraph (p), as so redes9 ignated by section 512(a)(2), as paragraph (s), ; and

10 (3) by inserting after paragraph (o), as so re11 designated by section 512(a)(2), the following new

12 subparagraphs:

13 ‘‘(p) any violation of section 956 or section 960 of

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

15 against foreign nations);

16 ‘‘(q) any violation of section 46502 of title 49, United

17 States Code; and’’.

18 (b) Section 2516(1)(c) of title 18, United States

19 Code, is amended by inserting before ‘‘or section 1992 (re20 lating to wrecking trains)’’ the following: ‘‘section 2332

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

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

23 to acts of terrorism transcending national boundaries),

24 section 2339A (relating to providing material support to

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

26 airports),’’.
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1 Subtitle C—Additional Funding for

2 Law Enforcement

3 SEC. 521. FEDERAL BUREAU OF INVESTIGATION ASSIST4 ANCE TO COMBAT TERRORISM.

5 (a) IN GENERAL.—With funds made available pursu6 ant to subsection (b), the Attorney General shall—

7 (1) develop digital telephony technology;

8 (2) support and enhance the technical support

9 center and tactical operations;

10 (3) expand legal attaches;

11 (4) enhance Federal wireless communications

12 and antenna site lease shortfall;

13 (5) expand and improve the instructional, oper14 ational support, and construction of the Federal Bu15 reau of Investigation academy;

16 (6) expand and improve investigative and man17 agerial training courses for State, Indian tribal, and

18 local law enforcement agencies;

19 (7) construct a Federal Bureau of Investigation

20 laboratory and provide laboratory examination sup21 port; and

22 (8) create a special Federal Bureau of Inves23 tigation counterterrorism and counterintelligence

24 fund for costs associated with terrorism cases.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated for the activities of the

3 Federal Bureau of Investigation, to help meet the in4 creased demands for activities to combat terrorism—

5 (1) $203,150,000 for fiscal year 1996, of

6 which—

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

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

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

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

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

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

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

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

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

16 available to carry out subsection (a)(5);

17 (F) not more than $1,650,000 shall be

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

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

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

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

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

23 (2) $184,500,000 for fiscal year 1997, of

24 which—
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1 (A) not more than $52,000,000 shall be

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

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

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

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

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

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

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

9 (E) not more than $48,000,000 shall be

10 available to carry out subsection (a)(5);

11 (F) not more than $1,650,000 shall be

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

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

14 available to carry out subsection (a)(7);

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

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

17 (3) $284,000,000 for fiscal year 1998, of

18 which—

19 (A) not more than $47,000,000 shall be

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

21 (B) not more than $20,000,000 shall be

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

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

24 available to carry out subsection (a)(3);
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1 (D) not more than $24,100,000 shall be

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

3 (E) not more than $31,500,000 shall be

4 available to carry out subsection (a)(5);

5 (F) not more than $1,650,000 shall be

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

7 (G) not more than $140,000,000 shall be

8 available to carry out subsection (a)(7);

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

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

11 (4) $147,500,000 for fiscal year 1999, of

12 which—

13 (A) not more than $46,000,000 shall be

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

15 (B) not more than $20,000,000 shall be

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

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

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

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

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

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

22 available to carry out subsection (a)(5);

23 (F) not more than $1,650,000 shall be

24 available to carry out subsection (a)(6);
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1 (G) not more than $2,500,000 shall be

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

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

4 available to carry out subsection (a)(8); and

5 (5) $125,850,000 for fiscal year 2000, of

6 which—

7 (A) not more than $46,000,000 shall be

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

9 (B) not more than $12,500,000 shall be

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

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

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

13 (D) not more than $8,100,000 shall be

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

15 (E) not more than $36,000,000 shall be

16 available to carry out subsection (a)(5);

17 (F) not more than $1,650,000 shall be

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

19 (G) not more than $2,500,000 shall be

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

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

22 available to carry out subsection (a)(8).

23 (c) AVAILABILITY OF FUNDS.—
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1 (1) IN GENERAL.—Funds made available pur2 suant to subsection (b), in any fiscal year, shall re3 main available until expended.

4 (2) PRIORITY OF DIGITAL TELEPHONY.—No

5 funds shall be expended to carry out paragraphs (2),

6 (3), or (4) of subsection (a) until the full amount of

7 funds appropriated is made available to carry out

8 paragraph (1) of such subsection.

9 (d) EXCESS FUNDS.—Any funds remaining after the

10 operation of subsection (a) may be expended by the Fed11 eral Bureau of Investigation for—

12 (1) telephone carrier compliance, in accordance

13 with the Communication Assistance for Law En14 forcement Act of 1994; and

15 (2) the hiring of new Federal Bureau of Inves16 tigation agents.

17 SEC. 522. AUTHORIZATION OF ADDITIONAL APPROPRIA18 TIONS FOR THE UNITED STATES CUSTOMS

19 SERVICE.

20 (a) IN GENERAL.—There are authorized to be appro21 priated for the activities of the United States Customs

22 Service, to help meet the increased needs of the United

23 States Customs Service—

24 (1) $20,000,000 for fiscal year 1996;

25 (2) $30,000,000 for fiscal year 1997;
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1 (3) $40,000,000 for fiscal year 1998;

2 (4) $50,000,000 for fiscal year 1999; and

3 (5) $60,000,000 for fiscal year 2000.

4 (b) AVAILABILITY OF FUNDS.—Funds made avail5 able pursuant to subsection (a), in any fiscal year, shall

6 remain available until expended.

7 SEC. 523. AUTHORIZATION OF ADDITIONAL APPROPRIA8 TIONS FOR THE IMMIGRATION AND NATU9 RALIZATION SERVICE.

10 (a) IN GENERAL.—There are authorized to be appro11 priated for the activities of the Immigration and Natu12 ralization Service, to help meet the increased needs of the

13 Immigration and Naturalization Service—

14 (1) $15,000,000 for fiscal year 1996;

15 (2) $15,000,000 for fiscal year 1997;

16 (3) $15,000,000 for fiscal year 1998;

17 (4) $15,000,000 for fiscal year 1999; and

18 (5) $15,000,000 for fiscal year 2000.

19 (b) AVAILABILITY OF FUNDS.—Funds made avail20 able pursuant to subsection (a), in any fiscal year, shall

21 remain available until expended.

22 SEC. 524. DRUG ENFORCEMENT ADMINISTRATION.

23 (a) ACTIVITIES OF DRUG ENFORCEMENT ADMINIS24 TRATION.—With funds made available pursuant to sub25 section (b), the Attorney General shall—
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1 (1) fund permanent change of station transfers

2 for special agent personnel;

3 (2) establish and maintain an adequate motor

4 vehicle base; and

5 (3) purchase aircraft and replacement parts.

6 (b) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated to the Drug Enforce8 ment Administration, to help meet the increased needs of

9 the Drug Enforcement Administration—

10 (1) $22,000,000 for fiscal year 1996, of

11 which—

12 (A) not more than $10,000,000 shall be

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

14 (B) not more than $5,000,000 shall be

15 available to carry out subsection (a)(2); and

16 (C) not more than $5,000,000 shall be

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

18 (2) $35,000,000 for fiscal year 1997, of

19 which—

20 (A) not more than $20,000,000 shall be

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

22 (B) not more than $5,000,000 shall be

23 available to carry out subsection (a)(2); and

24 (C) not more than $5,000,000 shall be

25 available to carry out subsection (a)(3);
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1 (3) $50,000,000 for fiscal year 1998, of

2 which—

3 (A) not more than $20,000,000 shall be

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

5 (B) not more than $10,000,000 shall be

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

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

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

9 (4) $65,000,000 for fiscal year 1999, of

10 which—

11 (A) not more than $20,000,000 shall be

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

13 (B) not more than $10,000,000 shall be

14 available to carry out subsection (a)(2); and

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

16 available to carry out subsection (a)(3); and

17 (5) $78,000,000 for fiscal year 2000, of

18 which—

19 (A) not more than $20,000,000 shall be

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

21 (B) not more than $10,000,000 shall be

22 available to carry out subsection (a)(2); and

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

24 available to carry out subsection (a)(3).
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1 (c) AVAILABILITY OF FUNDS.—Funds made available

2 pursuant to this section, in any fiscal year, shall remain

3 available until expended.

4 (d) EXCESS FUNDS.—Any funds remaining after the

5 application of subsection (b) may be expended by the Drug

6 Enforcement Administration—

7 (1) to hire new Drug Enforcement Administra8 tion agents;

9 (2) for linguist services; and

10 (3) to acquire technical investigative equipment.

11 SEC. 525. DEPARTMENT OF JUSTICE.

12 (a) IN GENERAL.—Subject to the availability of ap13 propriations, the Attorney General shall hire additional as14 sistance United States Attorneys.

15 (b) AUTHORIZATION OF ADDITIONAL APPROPRIA16 TIONS.—There are authorized to be appropriated for the

17 activities of the Department of Justice, to hire additional

18 Assistant United States Attorneys to meet the needs re19 sulting from this Act $20,000,000 for each of the fiscal

20 years 1996, 1997, 1998, 1999, and 2000.

21 SEC. 526. FUNDING SOURCE.

22 Notwithstanding any other provision of law, funding

23 for authorizations provided in this subtitle may be paid

24 for out of the Crime Control Trust Fund.
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1 TITLE VI—TERRORIST

2 INTERDICTION

3 SEC. 601. TERRORIST INTERDICTION.

4 (a) AUTOMATED VISA LOOKOUT SYSTEM.—Not later

5 than 6 months after the date of the enactment of this sec6 tion, the Secretary of State shall implement an upgrade

7 of all overseas visa lookout operations to computerized sys8 tems with automated multiple-name search capabilities.

9 (b) NATIONAL CRIME INFORMATION CENTER.—For

10 the purpose of access to the National Crime Information

11 Center and other Federal Bureau of Investigation criminal

12 records, with respect to functions involving the processing

13 of visas and passports and for other immigration-related

14 purposes, the Department of State shall be considered a

15 law enforcement agency.

16 (c) MEMBERSHIP IN A TERRORIST ORGANIZATION AS

17 A BASIS FOR EXCLUSION FROM THE UNITED STATES

18 UNDER THE IMMIGRATION AND NATIONALITY ACT.—Sec19 tion 212(a)(3)(B) of the Immigration and Nationality Act

20 (8 U.S.C. 1182(a)(3)(B)) is amended—

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

22 (i)(II);

23 (2) by inserting immediately after clause (i)(II)

24 the following:
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1 ‘‘(III) is a member of an organization

2 that engages in terrorist activity or who

3 actively supports or advocates terrorist ac4 tivity,’’; and

5 (3) by adding after clause (iii) the following

6 new clause:

7 ‘‘(iv) TERRORIST ORGANIZATION DE8 FINED.—As used in this Act, the term ‘terrorist

9 organization’ means an organization which com10 mits terrorist activity as determined by the At11 torney General, in consultation with the Sec12 retary of State.’’.

13 (d) PROCESSING OF VISAS FOR ADMISSION INTO THE

14 UNITED STATES.—

15 (1) VISA LOOKOUT SYSTEM CHECK.—

16 (A) Whenever a United States consular of17 ficial issues a visa for admission to the United

18 States, that official shall certify, in writing, that

19 a check of the Automated Visa Lookout Sys20 tem, or any other system or list which main21 tains information about the excludability of

22 aliens under the Immigration and Nationality

23 Act, has been made and that there is no basis

24 under such system for the exclusion of such

25 alien.
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1 (B) If a consular official issues a visa to

2 an alien for admission to the United States and

3 the alien was named on the Automated Visa

4 Lookout System as excludable from the United

5 States at the time of the consular officer’s re6 view and issuance of such visa, a notation shall

7 be entered into the personnel file of such con8 sular officer and such information shall be con9 sidered as a serious negative factor in the offi10 cer’s annual performance evaluation.

11 (2) ACCOUNTABILITY REVIEW BOARD.—In any

12 case where a serious loss of life or property in the

13 United States involves the issuance of a visa to an

14 alien listed on the Automated Visa Lookout System,

15 or any other system or list which maintains informa16 tion about the excludability of aliens under the Im17 migration and Nationality Act, the Secretary of

18 State shall convene an Accountability Review Board

19 under the authority of title III of the Omnibus Dip20 lomatic Security and Antiterrorism Act of 1986.

21 (e) CONGRESSIONAL REPORT.—The Secretary of

22 State shall submit to the Congress a report for each of

23 the fiscal years 1995 and 1996 that details the number

24 and circumstances of each visa denied as a result of the

25 amendment made by subsection (c).
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1 TITLE VII—CRIMINAL

2 PROCEDURAL IMPROVEMENTS

3 Subtitle A—Habeas Corpus Reform

4 SEC. 701. FILING DEADLINES.

5 Section 2244 of title 28, United States Code, is

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

8 ‘‘(d)(1) A 1-year period of limitation shall apply to

9 an application for a writ of habeas corpus by a person

10 in custody pursuant to the judgment of a State court. The

11 limitation period shall run from the latest of—

12 ‘‘(A) the date on which the judgment became

13 final by the conclusion of direct review or the expira14 tion of the time for seeking such review;

15 ‘‘(B) the date on which the impediment to filing

16 an application created by State action in violation of

17 the Constitution or laws of the United States is re18 moved, if the applicant was prevented from filing by

19 such State action;

20 ‘‘(C) the date on which the constitutional right

21 asserted was initially recognized by the Supreme

22 Court, if the right has been newly recognized by the

23 Supreme Court and is made retroactively applicable;

24 or
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1 ‘‘(D) the date on which the factual predicate of

2 the claim or claims presented could have been dis3 covered through the exercise of due diligence.

4 ‘‘(2) The time during which a properly filed applica5 tion for State post-conviction or other collateral review

6 with respect to the pertinent judgment or claim shall not

7 be counted toward any period of limitation under this sub8 section.’’.

9 SEC. 702. APPEAL.

10 Section 2253 of title 28, United States Code, is

11 amended to read as follows:

12 ‘‘§ 2253. Appeal

13 ‘‘(a) In a habeas corpus proceeding or a proceeding

14 under section 2255 before a district judge, the final order

15 shall be subject to review, on appeal, by the court of ap16 peals for the circuit in which the proceeding is held.

17 ‘‘(b) There shall be no right of appeal from a final

18 order in a proceeding to test the validity of a warrant to

19 remove to another district or place for commitment or trial

20 a person charged with a criminal offense against the Unit21 ed States, or to test the validity of such person’s detention

22 pending removal proceedings.

23 ‘‘(c)(1) Unless a circuit justice or judge issues a cer24 tificate of appealability, an appeal may not be taken to

25 the court of appeals from—
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1 ‘‘(A) the final order in a habeas corpus proceed2 ing in which the detention complained of arises out

3 of process issued by a State court; or

4 ‘‘(B) the final order in a proceeding under sec5 tion 2255.

6 ‘‘(2) A certificate of appealability may issue under

7 paragraph (1) only if the applicant has made a substantial

8 showing of the denial of a constitutional right.

9 ‘‘(3) The certificate of appealability under paragraph

10 (1) shall indicate which specific issue or issues satisfy the

11 showing required by paragraph (2).’’.

12 SEC. 703. AMENDMENT OF FEDERAL RULES OF APPELLATE

13 PROCEDURE.

14 Rule 22 of the Federal Rules of Appellate Procedure

15 is amended to read as follows:

16 ‘‘Rule 22. Habeas corpus and section 2255 pro17 ceedings

18 ‘‘(a) APPLICATION FOR THE ORIGINAL WRIT.—An

19 application for a writ of habeas corpus shall be made to

20 the appropriate district court. If application is made to

21 a circuit judge, the application shall be transferred to the

22 appropriate district court. If an application is made to or

23 transferred to the district court and denied, renewal of the

24 application before a circuit judge shall not be permitted.

25 The applicant may, pursuant to section 2253 of title 28,
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1 United States Code, appeal to the appropriate court of ap2 peals from the order of the district court denying the writ.

3 ‘‘(b) CERTIFICATE OF APPEALABILITY.—In a habeas

4 corpus proceeding in which the detention complained of

5 arises out of process issued by a State court, an appeal

6 by the applicant for the writ may not proceed unless a

7 district or a circuit judge issues a certificate of

8 appealability pursuant to section 2253(c) of title 28, Unit9 ed States Code. If an appeal is taken by the applicant,

10 the district judge who rendered the judgment shall either

11 issue a certificate of appealability or state the reasons why

12 such a certificate should not issue. The certificate or the

13 statement shall be forwarded to the court of appeals with

14 the notice of appeal and the file of the proceedings in the

15 district court. If the district judge has denied the certifi16 cate, the applicant for the writ may then request issuance

17 of the certificate by a circuit judge. If such a request is

18 addressed to the court of appeals, it shall be deemed ad19 dressed to the judges thereof and shall be considered by

20 a circuit judge or judges as the court deems appropriate.

21 If no express request for a certificate is filed, the notice

22 of appeal shall be deemed to constitute a request ad23 dressed to the judges of the court of appeals. If an appeal

24 is taken by a State or its representative, a certificate of

25 appealability is not required.’’.
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1 SEC. 704. SECTION 2254 AMENDMENTS.

2 Section 2254 of title 28, United States Code, is

3 amended—

4 (1) by amending subsection (b) to read as fol5 lows:

6 ‘‘(b)(1) An application for a writ of habeas corpus

7 on behalf of a person in custody pursuant to the judgment

8 of a State court shall not be granted unless it appears

9 that—

10 ‘‘(A) the applicant has exhausted the remedies

11 available in the courts of the State; or

12 ‘‘(B)(i) there is an absence of available State

13 corrective process; or

14 ‘‘(ii) circumstances exist that render such proc15 ess ineffective to protect the rights of the applicant.

16 ‘‘(2) An application for a writ of habeas corpus may

17 be denied on the merits, notwithstanding the failure of the

18 applicant to exhaust the remedies available in the courts

19 of the State.

20 ‘‘(3) A State shall not be deemed to have waived the

21 exhaustion requirement or be estopped from reliance upon

22 the requirement unless the State, through counsel, ex23 pressly waives the requirement.’’;

24 (2) by redesignating subsections (d), (e), and

25 (f) as subsections (e), (f), and (g), respectively;
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1 (3) by inserting after subsection (c) the follow2 ing new subsection:

3 ‘‘(d) An application for a writ of habeas corpus on

4 behalf of a person in custody pursuant to the judgment

5 of a State court shall not be granted with respect to any

6 claim that was adjudicated on the merits in State court

7 proceedings unless the adjudication of the claim—

8 ‘‘(1) resulted in a decision that was contrary to,

9 or involved an unreasonable application of, clearly

10 established Federal law, as determined by the Su11 preme Court of the United States; or

12 ‘‘(2) resulted in a decision that was based on an

13 unreasonable determination of the facts in light of

14 the evidence presented in the State court proceed15 ing.’’;

16 (4) by amending subsection (e), as redesignated

17 by paragraph (2), to read as follows:

18 ‘‘(e)(1) In a proceeding instituted by an application

19 for a writ of habeas corpus by a person in custody pursu20 ant to the judgment of a State court, a determination of

21 a factual issue made by a State court shall be presumed

22 to be correct. The applicant shall have the burden of re23 butting the presumption of correctness by clear and con24 vincing evidence.
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1 ‘‘(2) If the applicant has failed to develop the factual

2 basis of a claim in State court proceedings, the court shall

3 not hold an evidentiary hearing on the claim unless the

4 applicant shows that—

5 ‘‘(A) the claim relies on—

6 ‘‘(i) a new rule of constitutional law, made

7 retroactive by the Supreme Court, that was pre8 viously unavailable; or

9 ‘‘(ii) a factual predicate that could not

10 have been previously discovered through the ex11 ercise of due diligence; and

12 ‘‘(B) the facts underlying the claim would be

13 sufficient to establish by clear and convincing evi14 dence that but for constitutional error, no reasonable

15 factfinder would have found the applicant guilty of

16 the underlying offense.’’; and

17 (5) by adding at the end the following new sub18 sections:

19 ‘‘(h) Notwithstanding any other provision of law, in

20 all proceedings brought under this section, and any subse21 quent proceedings on review, appointment of counsel for

22 an applicant who is or becomes financially unable to afford

23 counsel shall be in the discretion of the court, except as

24 provided by a rule promulgated by the Supreme Court

25 pursuant to statutory authority. Appointment of counsel
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1 under this section shall be governed by section 3006A of

2 title 18.

3 ‘‘(i) The ineffectiveness or incompetence of counsel

4 during Federal or State collateral post-conviction proceed5 ings shall not be a ground for relief in a proceeding arising

6 under section 2254.’’.

7 SEC. 705. SECTION 2255 AMENDMENTS.

8 Section 2255 of title 28, United States Code, is

9 amended—

10 (1) by striking the second and fifth paragraphs;

11 and

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

13 paragraphs:

14 ‘‘A one-year period of limitation shall apply to a mo15 tion under this section. The limitation period shall run

16 from the latest of—

17 ‘‘(1) the date on which the judgment of convic18 tion becomes final;

19 ‘‘(2) the date on which the impediment to mak20 ing a motion created by governmental action in vio21 lation of the Constitution or laws of the United

22 States is removed, if the movant was prevented from

23 making a motion by such governmental action;

24 ‘‘(3) the date on which the right asserted was

25 initially recognized by the Supreme Court, if that
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1 right has been newly recognized by the Supreme

2 Court and is made retroactively applicable; or

3 ‘‘(4) the date on which the facts supporting the

4 claim or claims presented could have been discovered

5 through the exercise of due diligence.

6 ‘‘In all proceedings brought under this section, and

7 any subsequent proceedings on review, appointment of

8 counsel for a movant who is or becomes financially unable

9 to afford counsel shall be in the discretion of the court,

10 except as provided by a rule promulgated by the Supreme

11 Court pursuant to statutory authority. Appointment of

12 counsel under this section shall be governed by section

13 3006A of title 18.

14 ‘‘A second or successive motion must be certified as

15 provided in section 2244 by a panel of the appropriate

16 court of appeals to contain—

17 ‘‘(1) newly discovered evidence that, if proven

18 and viewed in light of the evidence as a whole, would

19 be sufficient to establish by clear and convincing evi20 dence that no reasonable factfinder would have

21 found the movant guilty of the offense; or

22 ‘‘(2) a new rule of constitutional law, made ret23 roactive by the Supreme Court, that was previously

24 unavailable.’’.
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1 SEC. 706. LIMITS ON SECOND OR SUCCESSIVE APPLICA2 TIONS.

3 (a) CONFORMING AMENDMENT TO SECTION

4 2244(a).—Section 2244(a) of title 28, United States

5 Code, is amended by striking ‘‘and the petition’’ and all

6 that follows through ‘‘by such inquiry.’’ and inserting ‘‘,

7 except as provided in section 2255.’’.

8 (b) LIMITS ON SECOND OR SUCCESSIVE APPLICA9 TIONS.—Section 2244(b) of title 28, United States Code,

10 is amended to read as follows:

11 ‘‘(b)(1) A claim presented in a second or successive

12 habeas corpus application under section 2254 that was

13 presented in a prior application shall be dismissed.

14 ‘‘(2) A claim presented in a second or successive ha15 beas corpus application under section 2254 that was not

16 presented in a prior application shall be dismissed un17 less—

18 ‘‘(A) the applicant shows that the claim relies

19 on a new rule of constitutional law, made retroactive

20 by the Supreme Court, that was previously unavail21 able; or

22 ‘‘(B)(i) the factual predicate for the claim could

23 not have been discovered previously through the ex24 ercise of due diligence; and

25 ‘‘(ii) the facts underlying the claim, if proven

26 and viewed in light of the evidence as a whole, would
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1 be sufficient to establish by clear and convincing evi2 dence that, but for constitutional error, no reason3 able factfinder would have found the applicant guilty

4 of the underlying offense.

5 ‘‘(3)(A) Before a second or successive application per6 mitted by this section is filed in the district court, the ap7 plicant shall move in the appropriate court of appeals for

8 an order authorizing the district court to consider the ap9 plication.

10 ‘‘(B) A motion in the court of appeals for an order

11 authorizing the district court to consider a second or suc12 cessive application shall be determined by a three-judge

13 panel of the court of appeals.

14 ‘‘(C) The court of appeals may authorize the filing

15 of a second or successive application only if it determines

16 that the application makes a prima facie showing that the

17 application satisfies the requirements of this subsection.

18 ‘‘(D) The court of appeals shall grant or deny the

19 authorization to file a second or successive application not

20 later than 30 days after the filing of the motion.

21 ‘‘(E) The grant or denial of an authorization by a

22 court of appeals to file a second or success application

23 shall not be appealable and shall not be the subject of a

24 petition for rehearing or for a writ of certiorari.
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1 ‘‘(4) A district court shall dismiss any claim pre2 sented in a second or successive application that the court

3 of appeals has authorized to be filed unless the applicant

4 shows that the claim satisfies the requirements of this sec5 tion.’’.

6 SEC. 707. DEATH PENALTY LITIGATION PROCEDURES.

7 (a) ADDITION OF CHAPTER TO TITLE 28, UNITED

8 STATES CODE.—Title 28, United States Code, is amended

9 by inserting after chapter 153 the following new chapter:

10 ‘‘CHAPTER 154—SPECIAL HABEAS CORPUS

11 PROCEDURES IN CAPITAL CASES

‘‘Sec.

‘‘2261. Prisoners in State custody subject to capital sentence; appointment of

counsel; requirement of rule of court or statute; procedures for

appointment.

‘‘2262. Mandatory stay of execution; duration; limits on stays of execution; second or abusive petitions.

‘‘2263. Filing of habeas corpus application; time requirements; tolling rules.

‘‘2264. Scope of Federal review; district court adjudications.

‘‘2265. Application to State unitary review procedure.

‘‘2266. Limitation periods for determining applications and motions.

12 ‘‘§ 2261. Prisoners in State custody subject to capital

13 sentence; appointment of counsel; re14 quirement of rule of court or statute; pro15 cedures for appointment

16 ‘‘(a) This chapter shall apply to cases arising under

17 section 2254 brought by prisoners in State custody who

18 are subject to a capital sentence. It shall apply only if the

19 provisions of subsections (b) and (c) are satisfied.
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1 ‘‘(b) This chapter is applicable if a State establishes

2 by statute, rule of its court of last resort, or by another

3 agency authorized by State law, a mechanism for the ap4 pointment, compensation, and payment of reasonable liti5 gation expenses of competent counsel in State post-convic6 tion proceedings brought by indigent prisoners whose cap7 ital convictions and sentences have been upheld on direct

8 appeal to the court of last resort in the State or have oth9 erwise become final for State law purposes. The rule of

10 court or statute must provide standards of competency for

11 the appointment of such counsel.

12 ‘‘(c) Any mechanism for the appointment, compensa13 tion, and reimbursement of counsel as provided in sub14 section (b) must offer counsel to all State prisoners under

15 capital sentence and must provide for the entry of an

16 order by a court of record—

17 ‘‘(1) appointing one or more counsel to rep18 resent the prisoner upon a finding that the prisoner

19 is indigent and accepted the offer or is unable com20 petently to decide whether to accept or reject the

21 offer;

22 ‘‘(2) finding, after a hearing if necessary, that

23 the prisoner rejected the offer of counsel and made

24 the decision with an understanding of its legal con25 sequences; or
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1 ‘‘(3) denying the appointment of counsel upon

2 a finding that the prisoner is not indigent.

3 ‘‘(d) No counsel appointed pursuant to subsections

4 (b) and (c) to represent a State prisoner under capital

5 sentence shall have previously represented the prisoner at

6 trial or on direct appeal in the case for which the appoint7 ment is made unless the prisoner and counsel expressly

8 request continued representation.

9 ‘‘(e) The ineffectiveness or incompetence of counsel

10 during State or Federal post-conviction proceedings in a

11 capital case shall not be a ground for relief in a proceeding

12 arising under section 2254. This limitation shall not pre13 clude the appointment of different counsel, on the court’s

14 own motion or at the request of the prisoner, at any phase

15 of State or Federal post-conviction proceedings on the

16 basis of the ineffectiveness or incompetence of counsel in

17 such proceedings.

18 ‘‘§ 2262. Mandatory stay of execution; duration; limits

19 on stays of execution; successive peti20 tions

21 ‘‘(a) Upon the entry in the appropriate State court

22 of record of an order under section 2261(c), a warrant

23 or order setting an execution date for a State prisoner

24 shall be stayed upon application to any court that would

25 have jurisdiction over any proceedings filed under section
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1 2254. The application shall recite that the State has in2 voked the post-conviction review procedures of this chapter

3 and that the scheduled execution is subject to stay.

4 ‘‘(b) A stay of execution granted pursuant to sub5 section (a) shall expire if—

6 ‘‘(1) a State prisoner fails to file a habeas cor7 pus application under section 2254 within the time

8 required in section 2263;

9 ‘‘(2) before a court of competent jurisdiction, in

10 the presence of counsel, unless the prisoner has com11 petently and knowingly waived such counsel, and

12 after having been advised of the consequences, a

13 State prisoner under capital sentence waives the

14 right to pursue habeas corpus review under section

15 2254; or

16 ‘‘(3) a State prisoner files a habeas corpus peti17 tion under section 2254 within the time required by

18 section 2263 and fails to make a substantial showing

19 of the denial of a Federal right or is denied relief

20 in the district court or at any subsequent stage of

21 review.

22 ‘‘(c) If one of the conditions in subsection (b) has

23 occurred, no Federal court thereafter shall have the au24 thority to enter a stay of execution in the case, unless the
110

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1 court of appeals approves the filing of a second or succes2 sive application under section 2244(b).

3 ‘‘§ 2263. Filing of habeas corpus application; time re4 quirements; tolling rules

5 ‘‘(a) Any application under this chapter for habeas

6 corpus relief under section 2254 must be filed in the ap7 propriate district court not later than 180 days after final

8 State court affirmance of the conviction and sentence on

9 direct review or the expiration of the time for seeking such

10 review.

11 ‘‘(b) The time requirements established by subsection

12 (a) shall be tolled—

13 ‘‘(1) from the date that a petition for certiorari

14 is filed in the Supreme Court until the date of final

15 disposition of the petition if a State prisoner files

16 the petition to secure review by the Supreme Court

17 of the affirmance of a capital sentence on direct re18 view by the court of last resort of the State or other

19 final State court decision on direct review;

20 ‘‘(2) from the date on which the first petition

21 for post-conviction review or other collateral relief is

22 filed until the final State court disposition of such

23 petition; and

24 ‘‘(3) during an additional period not to exceed

25 30 days, if—
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1 ‘‘(A) a motion for an extension of time is

2 filed in the Federal district court that would

3 have jurisdiction over the case upon the filing

4 of a habeas corpus application under section

5 2254; and

6 ‘‘(B) a showing of good cause is made for

7 the failure to file the habeas corpus application

8 within the time period established by this sec9 tion.

10 ‘‘§ 2264. Scope of Federal review; district court adju11 dications

12 ‘‘(a) Whenever a State prisoner under capital sen13 tence files a petition for habeas corpus relief to which this

14 chapter applies, the district court shall only consider a

15 claim or claims that have been raised and decided on the

16 merits in the State courts, unless the failure to raise the

17 claim properly is—

18 ‘‘(1) the result of State action in violation of

19 the Constitution or laws of the United States;

20 ‘‘(2) the result of the Supreme Court recogni21 tion of a new Federal right that is made retro22 actively applicable; or

23 ‘‘(3) based on a factual predicate that could not

24 have been discovered through the exercise of due
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1 diligence in time to present the claim for State or

2 Federal post-conviction review.

3 ‘‘(b) Following review subject to subsections (a), (d),

4 and (e) of section 2254, the court shall rule on the claims

5 properly before it.

6 ‘‘§ 2265. Application to State unitary review proce7 dure

8 ‘‘(a) For purposes of this section, a ‘unitary review’

9 procedure means a State procedure that authorizes a per10 son under sentence of death to raise, in the course of di11 rect review of the judgment, such claims as could be raised

12 on collateral attack. This chapter shall apply, as provided

13 in this section, in relation to a State unitary review proce14 dure if the State establishes by rule of its court of last

15 resort or by statute a mechanism for the appointment,

16 compensation, and payment of reasonable litigation ex17 penses of competent counsel in the unitary review proceed18 ings, including expenses relating to the litigation of collat19 eral claims in the proceedings. The rule of court or statute

20 must provide standards of competency for the appoint21 ment of such counsel.

22 ‘‘(b) To qualify under this section, a unitary review

23 procedure must include an offer of counsel following trial

24 for the purpose of representation on unitary review, and

25 entry of an order, as provided in section 2261(c), concern-
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1 ing appointment of counsel or waiver or denial of appoint2 ment of counsel for that purpose. No counsel appointed

3 to represent the prisoner in the unitary review proceedings

4 shall have previously represented the prisoner at trial in

5 the case for which the appointment is made unless the

6 prisoner and counsel expressly request continued represen7 tation.

8 ‘‘(c) Sections 2262, 2263, 2264, and 2266 shall apply

9 in relation to cases involving a sentence of death from any

10 State having a unitary review procedure that qualifies

11 under this section. References to State ‘post-conviction re12 view’ and ‘direct review’ in such sections shall be under13 stood as referring to unitary review under the State proce14 dure. The reference in section 2262(a) to ‘an order under

15 section 2261(c)’ shall be understood as referring to the

16 post-trial order under subsection (b) concerning represen17 tation in the unitary review proceedings, but if a tran18 script of the trial proceedings is unavailable at the time

19 of the filing of such an order in the appropriate State

20 court, then the start of the 180-day limitation period

21 under section 2263 shall be deferred until a transcript is

22 made available to the prisoner or counsel of the prisoner.
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1 ‘‘§ 2266. Limitation periods for determining applica2 tions and motions

3 ‘‘(a) The adjudication of any application under sec4 tion 2254 that is subject to this chapter, and the adjudica5 tion of any motion under section 2255 by a person under

6 sentence of death, shall be given priority by the district

7 court and by the court of appeals over all noncapital mat8 ters.

9 ‘‘(b)(1)(A) A district court shall render a final deter10 mination and enter a final judgment on any application

11 for a writ of habeas corpus brought under this chapter

12 in a capital case not later than 180 days after the date

13 on which the application is filed.

14 ‘‘(B) A district court shall afford the parties at least

15 120 days in which to complete all actions, including the

16 preparation of all pleadings and briefs, and if necessary,

17 a hearing, prior to the submission of the case for decision.

18 ‘‘(C)(i) A district court may delay for not more than

19 one additional 30-day period beyond the period specified

20 in subparagraph (A), the rendering of a determination of

21 an application for a writ of habeas corpus if the court is22 sues a written order making a finding, and stating the

23 reasons for the finding, that the ends of justice that would

24 be served by allowing the delay outweigh the best interests

25 of the public and the applicant in a speedy disposition of

26 the application.
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1 ‘‘(ii) The factors, among others, that a court shall

2 consider in determining whether a delay in the disposition

3 of an application is warranted are as follows:

4 ‘‘(I) Whether the failure to allow the delay

5 would be likely to result in a miscarriage of justice.

6 ‘‘(II) Whether the case is so unusual or so com7 plex, due to the number of defendants, the nature of

8 the prosecution, or the existence of novel questions

9 of fact or law, that it is unreasonable to expect ade10 quate briefing within the time limitations established

11 by subparagraph (A).

12 ‘‘(III) Whether the failure to allow a delay in

13 a case, that, taken as a whole, is not so unusual or

14 so complex as described in subclause (II), but would

15 otherwise deny the applicant reasonable time to ob16 tain counsel, would unreasonably deny the applicant

17 or the government continuity of counsel, or would

18 deny counsel for the applicant or the government the

19 reasonable time necessary for effective preparation,

20 taking into account the exercise of due diligence.

21 ‘‘(iii) No delay in disposition shall be permissible be22 cause of general congestion of the court’s calendar.

23 ‘‘(iv) The court shall transmit a copy of any order

24 issued under clause (i) to the Director of the Administra-
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1 tive Office of the United States Courts for inclusion in

2 the report under paragraph (5).

3 ‘‘(2) The time limitations under paragraph (1) shall

4 apply to—

5 ‘‘(A) an initial application for a writ of habeas

6 corpus;

7 ‘‘(B) any second or successive application for a

8 writ of habeas corpus; and

9 ‘‘(C) any redetermination of an application for

10 a writ of habeas corpus following a remand by the

11 court of appeals or the Supreme Court for further

12 proceedings, in which case the limitation period shall

13 run from the date the remand is ordered.

14 ‘‘(3)(A) The time limitations under this section shall

15 not be construed to entitle an applicant to a stay of execu16 tion, to which the applicant would otherwise not be enti17 tled, for the purpose of litigating any application or ap18 peal.

19 ‘‘(B) No amendment to an application for a writ of

20 habeas corpus under this chapter shall be permitted after

21 the filing of the answer to the application, except on the

22 grounds specified in section 2244(b).

23 ‘‘(4)(A) The failure of a court to meet or comply with

24 a time limitation under this section shall not be a ground
117

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1 for granting relief from a judgment of conviction or sen2 tence.

3 ‘‘(B) The State may enforce a time limitation under

4 this section by petitioning for a writ of mandamus to the

5 court of appeals. The court of appeals shall act on the

6 petition for a writ or mandamus not later than 30 days

7 after the filing of the petition.

8 ‘‘(5)(A) The Administrative Office of United States

9 Courts shall submit to Congress an annual report on the

10 compliance by the district courts with the time limitations

11 under this section.

12 ‘‘(B) The report described in subparagraph (A) shall

13 include copies of the orders submitted by the district

14 courts under paragraph (1)(B)(iv).

15 ‘‘(c)(1)(A) A court of appeals shall hear and render

16 a final determination of any appeal of an order granting

17 or denying, in whole or in part, an application brought

18 under this chapter in a capital case not later than 120

19 days after the date on which the reply brief is filed, or

20 if no reply brief is filed, not later than 120 days after

21 the date on which the answering brief is filed.

22 ‘‘(B)(i) A court of appeals shall decide whether to

23 grant a petition for rehearing or other request for rehear24 ing en banc not later than 30 days after the date on which

25 the petition for rehearing is filed unless a responsive
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1 pleading is required, in which case the court shall decide

2 whether to grant the petition not later than 30 days after

3 the date on which the responsive pleading is filed.

4 ‘‘(ii) If a petition for rehearing or rehearing en banc

5 is granted, the court of appeals shall hear and render a

6 final determination of the appeal not later than 120 days

7 after the date on which the order granting rehearing or

8 rehearing en banc is entered.

9 ‘‘(2) The time limitations under paragraph (1) shall

10 apply to—

11 ‘‘(A) an initial application for a writ of habeas

12 corpus;

13 ‘‘(B) any second or successive application for a

14 writ of habeas corpus; and

15 ‘‘(C) any redetermination of an application for

16 a writ of habeas corpus or related appeal following

17 a remand by the court of appeals en banc or the Su18 preme Court for further proceedings, in which case

19 the limitation period shall run from the date the re20 mand is ordered.

21 ‘‘(3) The time limitations under this section shall not

22 be construed to entitle an applicant to a stay of execution,

23 to which the applicant would otherwise not be entitled, for

24 the purpose of litigating any application or appeal.
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1 ‘‘(4)(A) The failure of a court to meet or comply with

2 a time limitation under this section shall not be a ground

3 for granting relief from a judgment of conviction or sen4 tence.

5 ‘‘(B) The State may enforce a time limitation under

6 this section by applying for a writ of mandamus to the

7 Supreme Court.

8 ‘‘(5) The Administrative Office of United States

9 Courts shall submit to Congress an annual report on the

10 compliance by the courts of appeals with the time limita11 tions under this section.’’.

12 (b) TECHNICAL AMENDMENT.—The part analysis for

13 part IV of title 28, United States Code, is amended by

14 adding after the item relating to chapter 153 the following

15 new item:

‘‘154. Special habeas corpus procedures in capital

cases ............................................................................ 2261.’’.

16 SEC. 708. TECHNICAL AMENDMENT.

17 Section 408(q) of the Controlled Substances Act (21

18 U.S.C. 848(q)) is amended—

19 (1) in paragraph (4)(A), by striking ‘‘shall’’ and

20 inserting ‘‘may’’;

21 (2) in paragraph (4)(B), by striking ‘‘shall’’

22 and inserting ‘‘may’’; and

23 (3) by amending paragraph (9) to read as fol24 lows:
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1 ‘‘(9) Upon a finding that investigative, expert, or

2 other services are reasonably necessary for the representa3 tion of the defendant, whether in connection with issues

4 relating to guilt or the sentence, the court may authorize

5 the defendant’s attorneys to obtain such services on behalf

6 of the defendant and, if so authorized, shall order the pay7 ment of fees and expenses therefor under paragraph (10).

8 No ex parte proceeding, communication, or request may

9 be considered pursuant to this section unless a proper

10 showing is made concerning the need for confidentiality.

11 Any such proceeding, communication, or request shall be

12 transcribed and made a part of the record available for

13 appellate review.’’.

14 Subtitle B—Criminal Procedural

15 Improvements

16 SEC. 721. 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—

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

22 found in the United States’’;

23 (2) by amending paragraph (2) to read as fol24 lows:
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1 ‘‘(2) The courts of the United States have juris2 diction over the offense in 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) by adding at the end the following new

10 paragraph:

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

12 ‘national of the United States’ has the meaning

13 given such term in section 101(a)(22) of the Immi14 gration and Nationality Act (8 U.S.C.

15 1101(a)(22)).’’.

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

17 amended—

18 (1) by striking ‘‘(b) Whoever’’ and inserting

19 ‘‘(b)(1) Whoever’’;

20 (2) by redesignating paragraphs (1) through

21 (4) as subparagraphs (A) through (D);

22 (3) by striking ‘‘, if the offender is later found

23 in the United States,’’; and

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

25 paragraphs:
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1 ‘‘(2) The courts of the United States have jurisdiction

2 over an offense described in this subsection if—

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

4 on board, or would have been on board, the air5 craft;

6 ‘‘(B) an offender is a national of the Unit7 ed States; or

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

9 United States.

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

11 ‘national of the United States’ has the meaning

12 given such term in section 101(a)(22) of the Immi13 gration and Nationality Act (8 U.S.C.

14 1101(a)(22)).’’.

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

16 amended—

17 (1) in subsection (b), by adding at the end the

18 following new paragraph:

19 ‘‘(7) ‘National of the United States’ has the

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

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

22 1101(a)(22)).’’; and

23 (2) in subsection (c), by striking the first sen24 tence and inserting the following: ‘‘If the victim of

25 an offense under subsection (a) is an internationally
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1 protected person outside the United States, the

2 United States may exercise jurisdiction over the of3 fense if (1) the victim is a representative, officer,

4 employee, or agent of the United States, (2) an of5 fender is a national of the United States, or (3) an

6 offender is afterwards found in the United States.’’.

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

8 amended—

9 (1) in subsection (c), by inserting ‘‘national of

10 the United States,’’ before ‘‘and’’; and

11 (2) in subsection (e), by striking the first sen12 tence and inserting the following: ‘‘If the victim of

13 an offense under subsection (a) is an internationally

14 protected person outside the United States, the

15 United States may exercise jurisdiction over the of16 fense if (1) the victim is a representative, officer,

17 employee, or agent of the United States, (2) an of18 fender is a national of the United States, or (3) an

19 offender is afterwards found in the United States.’’.

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

21 amended—

22 (1) in subsection (c), by inserting ‘‘national of

23 the United States,’’ before ‘‘and’’; and

24 (2) in subsection (d), by striking the first sen25 tence and inserting the following: ‘‘If the victim of
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1 an offense under subsection (a) is an internationally

2 protected person outside the United States, the

3 United States may exercise jurisdiction over the of4 fense if (1) the victim is a representative, officer,

5 employee, or agent of the United States, (2) an of6 fender is a national of the United States, or (3) an

7 offender is afterwards found in the United States.’’.

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

9 is amended—

10 (1) by striking the first sentence and inserting

11 the following: ‘‘If the victim of an offense under sub12 section (a) is an internationally protected person

13 outside the United States, the United States may

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

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

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

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

18 found in the United States.’’; and

19 (2) by adding at the end the following: ‘‘For

20 purposes of this subsection, the term ‘national of the

21 United States’ has the meaning given such term in

22 section 101(a)(22) of the Immigration and National23 ity Act (8 U.S.C. 1101(a)(22).’’.

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

25 is amended to read as follows:
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1 ‘‘(2) the prohibited activity takes place outside

2 the United States, and—

3 ‘‘(A) the offender is later found in the

4 United States; or

5 ‘‘(B) an offender or a victim is a national

6 of the United States (as defined in section

7 101(a)(22) of the Immigration and Nationality

8 Act (8 U.S.C. 1101(a)(22))).’’.

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

10 amended—

11 (1) by striking the ‘‘and’’ at the end of para12 graph (3);

13 (2) by striking the period at the end of para14 graph (4) and inserting ‘‘; and’’; and

15 (3) by adding at the end the following new

16 paragraph:

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

18 has the meaning given such term in section

19 101(a)(22) of the Immigration and Nationality Act

20 (8 U.S.C. 1101(a)(22)).’’.

21 SEC. 722. EXTENSION OF TERRITORIAL SEA.

22 (a) TERRITORIAL SEA EXTENDING TO TWELVE

23 MILES INCLUDED IN SPECIAL MARITIME AND TERRI24 TORIAL JURISDICTION.—The Congress declares that all

25 the territorial sea of the United States, as defined by Pres-
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1 idential Proclamation 5928 of December 27, 1988, is part

2 of the United States, subject to its sovereignty, and, for

3 purposes of Federal criminal jurisdiction, is within the

4 special maritime and territorial jurisdiction of the United

5 States wherever that term is used in title 18, United

6 States Code.

7 (b) ASSIMILATED CRIMES IN EXTENDED TERRI8 TORIAL SEA.—Section 13 of title 18, United States Code

9 (relating to the adoption of State laws for areas within

10 Federal jurisdiction), is amended—

11 (1) in subsection (a), by inserting after ‘‘title,’’

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

13 the territorial sea of the United States not within

14 the territory of any State, Territory, Possession, or

15 District’’; and

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

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

19 United States lie outside the territory of any State, Terri20 tory, Possession, or District, such waters (including the

21 airspace above and the seabed and subsoil below, and arti22 ficial islands and fixed structures erected thereon) shall

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

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

25 would lie within if the boundaries of such State, Territory,
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1 Possession, or District were extended seaward to the outer

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

3 SEC. 723. JURISDICTION OF UNITED STATES COURTS OVER

4 ACTS OF INTERNATIONAL TERRORISM.

5 (a) INAPPLICABILITY OF FOREIGN SOVEREIGN IM6 MUNITY IN CASES INVOLVING ACTS OF INTERNATIONAL

7 TERRORISM.—

8 (1) DEFINITION.—Section 1603 of title 28,

9 United States Code, is amended by adding at the

10 end the following new subsection:

11 ‘‘(f) The term ‘act of international terrorism’

12 means an act—

13 ‘‘(1) that is violent or dangerous to human

14 life and that is a violation of the criminal laws

15 of the United States or of any State or that

16 would be a criminal violation if committed with17 in the jurisdiction of the United States or any

18 State; and

19 ‘‘(2) that appears to be intended—

20 ‘‘(A) to intimidate or coerce a civilian

21 population;

22 ‘‘(B) to influence the policy of a gov23 ernment by intimidation or coercion; or

24 ‘‘(C) to affect the conduct of a gov25 ernment by assassination or kidnapping.
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1 ‘‘(g) The term ‘permanent resident alien’ means

2 an alien who has been lawfully admitted to the Unit3 ed States for permanent residence.’’.

4 (2) ADDITIONAL EXCEPTION TO FOREIGN

5 STATE IMMUNITY.—Section 1605(a) of title 28,

6 United States Code, is amended—

7 (A) by striking ‘‘or’’ at the end of para8 graph (5);

9 (B) by striking the period at the end of

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

11 (C) by adding at the end the following new

12 paragraph:

13 ‘‘(7) in which the action is based upon an act

14 of international terrorism—

15 ‘‘(A) within the United States; or

16 ‘‘(B) outside the United States if money

17 damages are sought against a foreign state for

18 personal injury or death to a United States citi19 zen or permanent resident alien,

20 which act occurred not more than 6 years previously

21 and which was committed or aided or abetted by a

22 foreign state that was designated by the Secretary of

23 State as a state repeatedly providing support for

24 acts of international terrorism under section 40(d)

25 of the Arms Export Control Act.’’.
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1 (3) PROPERTY SUBJECT TO EXECUTION UPON A

2 JUDGMENT.—Section 1610(a) of title 28, United

3 States Code, is amended—

4 (A) by striking ‘‘or’’ at the end of para5 graph (5);

6 (B) by striking the period at the end of

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

8 (C) by adding at the end the following new

9 paragraph:

10 ‘‘(7) the execution relates to a judgment en11 tered in a case based upon an act of international

12 terrorism—

13 ‘‘(A) within the United States; or

14 ‘‘(B) outside the United States if money

15 damages are sought against a foreign state for

16 personal injury or death to a United States citi17 zen or permanent resident alien,

18 which act occurred not more than 6 years previously

19 and which was committed or aided or abetted by a

20 foreign state that was designated by the Secretary of

21 State as a state repeatedly providing support for

22 acts of international terrorism under section 40(d)

23 of the Arms Export Control Act.’’.
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1 (4) ATTACHMENT OF PROPERTY PRIOR TO

2 ENTRY OF JUDGMENT.—Section 1610(d) of title 28,

3 United States Code, is amended—

4 (A) by redesignating paragraph (1) as

5 paragraph (1)(A);

6 (B) by striking ‘‘and’’ at the end of para7 graph (1)(A) and inserting ‘‘or’’; and

8 (C) by inserting after paragraph (1)(A) the

9 following:

10 ‘‘(B) the foreign state is not immune from ju11 risdiction by virtue of the operation of section

12 1605(a)(7); and’’.

13 (b) EXCEPTION TO FOREIGN SOVEREIGN IMMUNITY

14 FOR CERTAIN CASES INVOLVING TORTURE,

15 EXTRAJUDICIAL KILLING, AIRCRAFT SABOTAGE, HOS16 TAGE TAKING, OR GENOCIDE IN A FOREIGN STATE.—Sec17 tion 1605 of title 28, United States Code (as amended

18 by section 206, and subsection (a) of this section), is

19 amended—

20 (1) in subsection (a)—

21 (A) by striking ‘‘or’’ at the end of para22 graph (6);

23 (B) by striking the period at the end of

24 paragraph (7) and inserting ‘‘; or’’; and
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1 (C) by adding at the end the following new

2 paragraph:

3 ‘‘(8) not otherwise encompassed in paragraph

4 (2), in which money damages are sought against a

5 foreign state for personal injury or death of a Unit6 ed States citizen and caused by the torture or

7 extrajudicial killing of that citizen, or by an act of

8 aircraft sabotage, hostage taking, or genocide com9 mitted against that citizen, by such foreign state or

10 by any official, employee, or agent of such foreign

11 state while acting within the scope of his or her of12 fice, employment, or agency, except that—

13 ‘‘(A) an action under this paragraph shall

14 not be maintained unless the individual whose

15 injury or death gave rise to the action was a

16 United States citizen at the time the conduct

17 causing such injury or death occurred;

18 ‘‘(B) the court shall decline to hear a claim

19 under this paragraph if the claimant has not

20 exhausted adequate and available remedies in

21 the place in which the conduct giving rise to the

22 claim occurred and has not afforded the foreign

23 state an opportunity to arbitrate the claim be24 fore an international tribunal in accordance

25 with international standards; and
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1 ‘‘(C) an action under this paragraph shall

2 not be maintained unless—

3 ‘‘(i) the action is brought within 10

4 years after the cause of action accrues; or

5 ‘‘(ii) the cause of action is based on

6 an act of genocide occurring more than 10

7 years before the date of the enactment of

8 this paragraph and the action is brought

9 within 18 months after such date.’’; and

10 (2) by adding at the end the following new sub11 section:

12 ‘‘(f) For purposes of paragraph (8)—

13 ‘‘(1) the terms ‘torture’ and ‘extrajudicial kill14 ing’ have the meanings given those terms in section

15 3 of the Torture Victim Protection Act of 1991;

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

17 given such term in Article 1 of the International

18 Convention Against the Taking of Hostages;

19 ‘‘(3) the term ‘aircraft sabotage’ has the mean20 ing given such term in Article 1 of the Convention

21 for the Suppression of Unlawful Acts Against the

22 Safety of Civil Aviation; and

23 ‘‘(4) the term ‘act of genocide’ means conduct

24 that would be a violation of section 1091 of title 18,
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1 United States Code, if committed in the United

2 States.’’.

3 (c) EXCEPTION TO IMMUNITY FROM ATTACH4 MENT.—

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

6 28, United States Code, is amended—

7 (A) by striking ‘‘or’’ at the end of para8 graph (6);

9 (B) by striking the period at the end of

10 paragraph (7) and inserting ‘‘, or’’; and

11 (C) by adding at the end the following new

12 paragraph:

13 ‘‘(8) the judgment relates to a claim for which

14 the foreign state is not immune under of section

15 1605(a)(8), regardless of whether the property is or

16 was involved in the act upon which the claim is

17 based.’’.

18 (2) AGENCY OR INSTRUMENTALITY.—Section

19 1610(b)(2) of such title is amended—

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

21 ‘‘(5), or (7)’’; and

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

23 inserting ‘‘involved in the act’’.
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1 (c) APPLICABILITY.—The amendments made by this

2 section shall apply to any cause of action arising before,

3 on, or after the date of the enactment of this Act.

4 SEC. 724. ADDITION OF FOREIGN MURDER AS A MONEY

5 LAUNDERING PREDICATE.

6 Section 1956(c)(7)(D) of title 18, United States

7 Code, is amended by inserting ‘‘section 2115 (relating to

8 postal burglary),’’ before ‘‘or section 2319’’.

9 SEC. 725. EXPANSION OF WEAPONS OF MASS DESTRUCTION

10 STATUTE.

11 (a) IN GENERAL.—Section 2332a of title 18, United

12 States Code, is amended—

13 (1) in subsection (a), by inserting ‘‘threatens,’’

14 before ‘‘attempts’’;

15 (2) by redesignating subsection (b) as sub16 section (c);

17 (3) by adding immediately after subsection (a)

18 the following new subsection:

19 ‘‘(b) USE OUTSIDE UNITED STATES.—Any national

20 of the United States who outside of the United States

21 uses, threatens, attempts, or conspires to use, a weapon

22 of mass destruction, shall be imprisoned for any term of

23 years or for life, and if death results, shall be punished

24 by death or imprisonment for any term of years or for

25 life.’’; and
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1 (4) by amending subsection (c)(2)(B), as redes2 ignated by paragraph (3), by striking ‘‘poison gas’’

3 and inserting ‘‘any poisonous chemical agent or sub4 stance, regardless of form or delivery system, de5 signed for or capable of causing widespread death or

6 injury;’’.

7 (b) DEFINITION OF DESTRUCTIVE DEVICE.—Section

8 921(a)(4)(A) of title 18, United States Code, is amended

9 by striking ‘‘poison gas’’ and inserting ‘‘poisonous chemi10 cal agent or substance’’.

11 (c) CONFORMING AMENDMENT.—Section 5845(f)(1)

12 of the Internal Revenue Code of 1986 is amended by strik13 ing ‘‘poison gas’’ and inserting ‘‘poisonous chemical agent

14 or substance’’.

15 SEC. 726. ADDITION OF TERRORIST OFFENSES TO THE

16 RICO STATUTE.

17 (a) Section 1961(1)(B) of title 18, United States

18 Code, is amended—

19 (1) by inserting after ‘‘Section’’ the following:

20 ‘‘32 (relating to the destruction of aircraft), section

21 37 (relating to violence at international airports),

22 section 115 (relating to influencing, impeding, or re23 taliating against a Federal official by threatening or

24 injuring a family member), section’’;
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1 (2) by inserting after ‘‘section 224 (relating to

2 sports bribery),’’ the following: ‘‘section 351 (relat3 ing to Congressional or Cabinet officer assassina4 tion),’’;

5 (3) by inserting after ‘‘section 664 (relating to

6 embezzlement from pension and welfare funds),’’ the

7 following: ‘‘section 831 (relating to prohibited trans8 actions involving nuclear materials), section 844 (f)

9 or (i) (relating to destruction by explosives or fire of

10 government property or property affecting interstate

11 or foreign commerce),’’;

12 (4) by inserting after ‘‘sections 891–894 (relat13 ing to extortionate credit transactions),’’ the follow14 ing: ‘‘section 956 (relating to conspiracy to kill, kid15 nap, maim, or injure certain property in a foreign

16 country),’’;

17 (5) by inserting after ‘‘section 1084 (relating to

18 the transmission of gambling information),’’ the fol19 lowing: ‘‘section 1111 (relating to murder), section

20 1114 (relating to murder of United States law en21 forcement officials), section 1116 (relating to mur22 der of foreign officials, official guests, or internation23 ally protected persons), section 1203 (relating to

24 hostage taking),’’;
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1 (6) by inserting after ‘‘section 1344 (relating to

2 financial institution fraud),’’ the following: ‘‘section

3 1361 (relating to willful injury of government prop4 erty within the special maritime and territorial juris5 diction),’’;

6 (7) by inserting after ‘‘section 1513 (relating to

7 retaliating against a witness, victim, or an inform8 ant),’’ the following: ‘‘section 1751 (relating to Pres9 idential assassination),’’;

10 (8) by inserting after ‘‘section 1958 (relating to

11 use of interstate commerce facilities in the commis12 sion of murder-for-hire),’’ the following: ‘‘section

13 2280 (relating to violence against maritime naviga14 tion), section 2281 (relating to violence against mar15 itime fixed platforms),’’; and

16 (9) by inserting after ‘‘2321 (relating to traf17 ficking in certain motor vehicles or motor vehicle

18 parts),’’ the following: ‘‘section 2332 (relating to ter19 rorist acts abroad against United States nationals),

20 section 2332a (relating to use of weapons of mass

21 destruction), section 2332b (relating to acts of ter22 rorism transcending national boundaries), section

23 2339A (relating to providing material support to ter24 rorists),’’.
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1 (b) Section 1961(1) of title 18, United States Code,

2 is amended—

3 (1) by striking ‘‘or’’ before ‘‘(E)’’; and

4 (2) by inserting at the semicolon at the end the

5 following: ‘‘, or (F) section 46502 of title 49, United

6 States Code’’.

7 SEC. 727. ADDITION OF TERRORISM OFFENSES TO THE

8 MONEY LAUNDERING STATUTE.

9 (a) Section 1956(c)(7)(B)(ii) of title 18, United

10 States Code, is amended to read as follows:

11 ‘‘(ii) murder, kidnapping, robbery, extor12 tion, or destruction of property by means of ex13 plosive or fire;’’.

14 (b) Section 1956(c)(7)(D) of title 18, United States

15 Code, is amended—

16 (1) by inserting after ‘‘an offense under’’ the

17 following: ‘‘section 32 (relating to the destruction of

18 aircraft), section 37 (relating to violence at inter19 national airports), section 115 (relating to influenc20 ing, impeding or retaliating against a Federal offi21 cial by threatening or injuring a family member),’’;

22 (2) by inserting after ‘‘section 215 (relating to

23 commissions or gifts for procuring loans),’’ the fol24 lowing: ‘‘section 351 (relating to Congressional or

25 Cabinet officer assassination),’’;
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1 (3) by inserting after ‘‘section 798 (relating to

2 espionage),’’ the following: ‘‘section 831 (relating to

3 prohibited transactions involving nuclear materials),

4 section 844 (f) or (i) (relating to destruction by ex5 plosives or fire of Government property or property

6 affecting interstate or foreign commerce),’’;

7 (4) by inserting after ‘‘section 875 (relating to

8 interstate communications),’’ the following: ‘‘section

9 956 (relating to conspiracy to kill, kidnap, maim, or

10 injure certain property in a foreign country),’’;

11 (5) by inserting after ‘‘section 1032 (relating to

12 concealment of assets from conservator, receiver, or

13 liquidating agent of financial institution),’’ the fol14 lowing: ‘‘section 1111 (relating to murder), section

15 1114 (relating to murder of United States law en16 forcement officials), section 1116 (relating to mur17 der of foreign officials, official guests, or internation18 ally protected persons),’’;

19 (6) by inserting after ‘‘section 1203 (relating to

20 hostage taking)’’ the following: ‘‘section 1361 (relat21 ing to willful injury of Government property), sec22 tion 1363 (relating to destruction of property within

23 the special maritime and territorial jurisdiction),’’;
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1 (7) by inserting after ‘‘section 1708 (relating to

2 theft from the mail’’ the following:’’), section 1751

3 (relating to Presidential assassination),’’;

4 (8) by inserting after ‘‘2114 (relating to bank

5 and postal robbery and theft),’’ the following: ‘‘sec6 tion 2280 (relating to violence against maritime

7 navigation), section 2281 (relating to violence

8 against maritime fixed platforms),’’; and

9 (9) by striking ‘‘of this title’’ and inserting the

10 following: ‘‘section 2332 (relating to terrorist acts

11 abroad against United States nationals), section

12 2332a (relating to use of weapons of mass destruc13 tion), section 2332b (relating to international terror14 ist acts transcending national boundaries), 2339A

15 (relating to providing material support to terrorists)

16 of this title, section 46502 of title 49, United States

17 Code,’’.

18 SEC. 728. CLARIFICATION OF MARITIME VIOLENCE JURIS19 DICTION.

20 Section 2280(b)(1)(A) of title 18, United States

21 Code, is amended—

22 (1) in clause (ii), by striking ‘‘and the activity

23 is not prohibited as a crime by the State in which

24 the activity takes place’’; and
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1 (2) in clause (iii), by striking ‘‘the activity takes

2 place on a ship flying the flag of a foreign country

3 or outside of the United States,’’.

4 SEC. 729. PROTECTION OF CURRENT OR FORMER OFFI5 CIALS, OFFICERS, OR EMPLOYEES OF THE

6 UNITED STATES.

7 (a) AMENDMENT TO INCLUDE ASSAULTS, MURDERS,

8 AND THREATS AGAINST FAMILIES OF FEDERAL OFFI9 CIALS.—Section 115(a)(2) of title 18, United States Code,

10 is amended by inserting ‘‘, or threatens to assault, kidnap,

11 or murder, any person who formerly served as a person

12 designed in paragraph (1), or’’ after ‘‘assaults, kidnaps,

13 or murders, or attempts to kidnap or murder’’.

14 (b) MURDER OR ATTEMPTS TO MURDER CURRENT

15 OR FORMER FEDERAL OFFICERS OR EMPLOYEES.—Sec16 tion 1114 of title 18, United States Code, is amended to

17 read as follows:

18 ‘‘§ 1114. Protection of officers and employees of the

19 United States

20 ‘‘(a) Except as provided in subsection (b), whoever

21 kills or attempts to kill a current or former officer or em22 ployee of the United States or its instrumentalities, or an

23 immediate family member of such officer or employee,

24 during or in connection with performance of their profes25 sional duties, shall be punished—
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1 ‘‘(1) in the case of murder, as provided under

2 section 1111;

3 ‘‘(2) in the case of manslaughter, as provided

4 under section 1112.

5 ‘‘(b) Any person who is found guilty of attempted

6 murder under this section shall be imprisoned for not

7 more than 20 years.’’.

8 SEC. 730. ADDITION OF CONSPIRACY TO TERRORISM OF9 FENSES.

10 (a)(1) Section 32(a)(7) of title 18, United States

11 Code, is amended by inserting ‘‘or conspires’’ after ‘‘at12 tempts’’.

13 (2) Section 32(b)(D) of title 18, United States Code,

14 as redesignated by section 721(b)(2), is amended by in15 serting ‘‘or conspires’’ after ‘‘attempts’’.

16 (b) Section 37(a) title 18, United States Code, is

17 amended by inserting ‘‘or conspires’’ after ‘‘attempts’’.

18 (c)(1) Section 115(a)(1)(A) of title 18, United States

19 Code, is amended by inserting ‘‘or conspires’’ after ‘‘at20 tempts’’.

21 (2) Section 115(a)(2) of title 18, United States Code,

22 as amended by section 729, is further amended by insert23 ing ‘‘or conspires’’ after ‘‘attempts’’.

24 (3) Section 115(b)(2) of title 18, United States Code,

25 is amended by striking both times it appears ‘‘or at-
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1 tempted kidnapping’’ and inserting both times ‘‘, at2 tempted kidnapping or conspiracy to kidnap’’.

3 (4)(A) Section 115(b)(3) of title 18, United States

4 Code, is amended by striking ‘‘or attempted murder’’ and

5 inserting ‘‘, attempted murder or conspiracy to murder’’.

6 (B) Section 115(b)(3) of title 18, United States Code,

7 is further amended by striking ‘‘and 1113’’ and inserting

8 ‘‘, 1113 and 1117’’.

9 (d) Section 175(a) of title 18, United States Code,

10 is amended by inserting ‘‘, or conspires to do so,’’ after

11 ‘‘any organization to do so,’’.

12 (e) Section 1203(a) of title 18, United States Code,

13 is amended by inserting ‘‘or conspires’’ after ‘‘attempts’’.

14 (f) Section 2280(a)(1)(H) of title 18, United States

15 Code, is amended by inserting ‘‘or conspires’’ after ‘‘at16 tempts’’.

17 (g) Section 2281(a)(1)(F) of title 18, United States

18 Code, is amended by inserting ‘‘or conspires’’ after ‘‘at19 tempts’’.

20 (h)(1) Section 46502 of title 49, United States Code,

21 is amended—

22 (A) in subsection (a)(2), by inserting ‘‘, conspir23 ing,’’ after ‘‘committing’’ and

24 (B) in subsection (b)(1), by inserting ‘‘or con25 spiring to commit’’ after ‘‘committing’’.
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1 (2) Section 46505(b) of title 49, United States Code,

2 is amended—

3 (A) in paragraph (2), by inserting ‘‘conspired

4 or’’ after ‘‘has placed,’’; and

5 (B) in paragraph (3), by inserting ‘‘conspired

6 or’’ after ‘‘has placed,’’.

7 SEC. 731. PRETRIAL DETENTION FOR POSSESSION OF FIRE8 ARMS OR EXPLOSIVES BY CONVICTED FEL9 ONS.

10 Section 3156(a)(4) of title 18, United States Code,

11 is amended—

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

13 (B);

14 (2) by striking the period at the end of sub15 paragraph (C) and inserting ‘‘; or’’; and

16 (3) by adding after subparagraph (C) the fol17 lowing new subparagraph:

18 ‘‘(D) an offense that is a violation of sec19 tion 842(i) or 922(g) of this title (relating to

20 possession of explosives or firearms by convicted

21 felons).’’.

22 SEC. 732. INCLUSION OF ALIEN SMUGGLING AS A RICO

23 PREDICATE.

24 Section 1961(1) of title 18, United States Code, is

25 amended—
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1 (1) by striking ‘‘or’’ before ‘‘(E) any Act’’; and

2 (2) by inserting after ‘‘Currency and Foreign

3 Transactions Reporting Act’’ the following: ‘‘, or (F)

4 any act (or conspiracy to commit any act) which is

5 indictable under section 274, 277, or 278 of the Im6 migration and Nationality Act (8 U.S.C. 1324,

7 1327, or 1328 (pertaining to prohibitions on bring8 ing in and harboring certain aliens)’’.

9 TITLE VIII—MARKING OF

10 PLASTIC EXPLOSIVES

11 SEC. 801. IMPLEMENTATION OF THE CONVENTION ON THE

12 MARKING OF PLASTIC EXPLOSIVES.

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

14 States Code, is amended by adding at the end the follow15 ing new subsections:

16 ‘‘(o) ‘Convention on the Marking of Plastic Explo17 sives’ means the Convention on the Marking of Plastic Ex18 plosives for the Purpose of Detection, Done at Montreal

19 on 1 March 1991.

20 ‘‘(p) ‘Detection agent’ means any one of the sub21 stances specified in this subsection when introduced into

22 a plastic explosive or formulated in such explosive as a

23 part of the manufacturing process in such a manner as

24 to achieve homogeneous distribution in the finished explo25 sive, including—
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1 ‘‘(1) Ethylene glycol dinitrate (EGDN),

2 C2H4(NO3)2, molecular weight 152, when the mini3 mum concentration in the finished explosive is 0.2

4 percent by mass;

5 ‘‘(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),

6 c6H12(NO2)2, molecular weight 176, when the mini7 mum concentration in the finished explosive is 0.1

8 percent by mass;

9 ‘‘(3) Para-Mononitrotoluene (p-MNT),

10 C7H7NO2, molecular weight 137, when the minimum

11 concentration in the finished explosive is 0.5 percent

12 by mass;

13 ‘‘(4) Ortho-Mononitrotoluene (o-MNT),

14 C7H7NO2, molecular weight 137, when the minimum

15 concentration in the finished explosive is 0.5 percent

16 by mass; and

17 ‘‘(5) any other substance in the concentration

18 specified by the Secretary, after consultation with

19 the Secretary of State and the Secretary of Defense,

20 which has been added to the table in part 2 of the

21 Technical Annex to the Convention on the Marking

22 of Plastic Explosives.

23 ‘‘(q) ‘Plastic explosive’ means an explosive material

24 in flexible or elastic sheet form formulated with one or

25 more high explosives which in their pure form have a
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1 vapor pressure less than 10¥4 Pa at a temperature of

2 25°C., is formulated with a binder material, and is as a

3 mixture malleable or flexible at normal room tempera4 ture.’’.

5 (b) REQUIREMENT OF DETECTION AGENTS FOR

6 PLASTIC EXPLOSIVES.—Section 842 of title 18, United

7 States Code, is amended by adding after subsection (k)

8 the following new subsections:

9 ‘‘(l) It shall be unlawful for any person to manufac10 ture any plastic explosive that does not contain a detection

11 agent.

12 ‘‘(m)(1) It shall be unlawful for any person to import

13 or bring into the United States, or export from the United

14 States, any plastic explosive that does not contain a detec15 tion agent.

16 ‘‘(2) This subsection does not apply to the importa17 tion or bringing into the United States, or the exportation

18 from the United States, of any plastic explosive that was

19 imported, brought into, or manufactured in the United

20 States prior to the date of enactment of the Comprehen21 sive Terrorism Prevention Act of 1995 by or on behalf

22 of any agency of the United States performing military

23 or police functions (including any military Reserve compo24 nent) or by or on behalf of the National Guard of any

25 State, not later than 15 years after the date of entry into
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1 force of the Convention on the Marking of Plastic Explo2 sives, with respect to the United States.

3 ‘‘(n)(1) It shall be unlawful for any person to ship,

4 transport, transfer, receive, or possess any plastic explo5 sive that does not contain a detection agent.

6 ‘‘(2) This subsection does not apply to—

7 ‘‘(A) the shipment, transportation, transfer, re8 ceipt, or possession of any plastic explosive that was

9 imported, brought into, or manufactured in the

10 United States prior to the date of enactment of the

11 Comprehensive Terrorism Prevention Act of 1995 by

12 any person during a period not exceeding 3 years

13 after the such date; or

14 ‘‘(B) the shipment, transportation, transfer, re15 ceipt, or possession of any plastic explosive that was

16 imported, brought into, or manufactured in the

17 United States prior to the date of enactment of the

18 Comprehensive Terrorism Prevention Act of 1995 by

19 or on behalf of any agency of the United States per20 forming a military or police function (including any

21 military reserve component) or by or on behalf of

22 the National Guard of any State, not later than 15

23 years after the date of entry into force of the Con24 vention on the Marking of Plastic Explosives, with

25 respect to the United States.
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1 ‘‘(o) It shall be unlawful for any person, other than

2 an agency of the United States (including any military re3 serve component) or the National Guard of any State, pos4 sessing any plastic explosive on the date of enactment of

5 the Omnibus Counterterrorism Act of 1995, to fail to re6 port to the Secretary within 120 days after such the quan7 tity of such explosives possessed, the manufacturer or im8 porter, any marks of identification on such explosives, and

9 such other information as the Secretary may by regula10 tions prescribe.’’.

11 (c) CRIMINAL SANCTIONS.—Section 844(a) of title

12 18, United States Code, is amended to read as follows:

13 ‘‘(a) Any person who violates any of subsections (a)

14 through (i) or (l) through (o) of section 842 shall be fined

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

16 both.’’.

17 (d) EXCEPTIONS.—Section 845 of title 18, United

18 States Code, is amended—

19 (1) in subsection (a), by inserting ‘‘(l), (m), (n),

20 or (o) of section 842 and subsections’’ after ‘‘sub21 sections’’;

22 (2) in paragraph (1), by inserting before the

23 semicolon ‘‘, and which pertain to safety’’; and

24 (3) by adding at the end the following new sub25 section:
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1 ‘‘(c) It is an affirmative defense against any proceed2 ing involving sections 842 (l) through (o) if the proponent

3 proves by a preponderance of the evidence that the plastic

4 explosive—

5 ‘‘(1) consisted of a small amount of plastic ex6 plosive intended for and utilized solely in lawful—

7 ‘‘(A) research, development, or testing of

8 new or modified explosive materials;

9 ‘‘(B) training in explosives detection or de10 velopment or testing of explosives detection

11 equipment; or

12 ‘‘(C) forensic science purposes; or

13 ‘‘(2) was plastic explosive that, within 3 years

14 after the date of entry into force of the Convention

15 on the Marking of Plastic Explosives, with respect to

16 the United States, will be or is incorporated in a

17 military device within the territory of the United

18 States and remains an integral part of such military

19 device, or is intended to be, or is incorporated in,

20 and remains an integral part of a military device

21 that is intended to become, or has become, the prop22 erty of any agency of the United States performing

23 military or police functions (including any military

24 reserve component) or the National Guard of any

25 State, wherever such device is located.
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1 ‘‘(3) For purposes of this subsection, the term

2 ‘military device’ includes, but is not restricted to,

3 shells, bombs, projectiles, mines, missiles, rockets,

4 shaped charges, grenades, perforators, and similar

5 devices lawfully manufactured exclusively for mili6 tary or police purposes.’’.

7 (e) INVESTIGATIVE AUTHORITY.—Section 846 of title

8 18, United States Code, is amended—

9 (1) in the last sentence, by inserting in the last

10 sentence before ‘‘subsection’’ the phrase ‘‘subsection

11 (m) or (n) of section 842 or;’’, and

12 (2) by adding at the end the following: ‘‘The

13 Attorney General shall exercise authority over viola14 tions of subsection (m) or (n) of section 842 only

15 when they are committed by a member of a terrorist

16 or revolutionary group. In any matter involving a

17 terrorist or revolutionary group or individual, as de18 termined by the Attorney General, the Attorney

19 General shall have primary investigative responsibil20 ity and the Secretary shall assist the Attorney Gen21 eral as requested.’’.

22 (f) EFFECTIVE DATE.—The amendments made by

23 this section shall take effect 1 year after the date of the

24 enactment of this Act.
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1 SEC. 802. STUDY ON TAGGING OF EXPLOSIVE MATERIALS.

2 (a) STUDY.—The Secretary of the Treasury shall di3 rect the Director of the Bureau of Alcohol, Tobacco, and

4 Firearms to conduct a study, as soon as is practicable

5 after the date of enactment of this Act, on—

6 (1) tagging of explosive materials for purposes

7 of identification and detection;

8 (2) the possibility and practicality of rendering

9 inert common chemicals used in manufacturing ex10 plosives; and

11 (3) the feasibility of imposing controls on cer12 tain precursor chemicals used to manufacture explo13 sives.

14 (3) REPORT.—The Secretary of the Treasury, or a

15 designee of the Secretary shall prepare and submit to the

16 President and the Congress a report setting forth in detail

17 the findings and determinations made in the study con18 ducted pursuant to subsection (a).

19 TITLE IX—MISCELLANEOUS

20 PROVISIONS

21 SEC. 901. SEVERABILITY.

22 If any provision of this Act, an amendment made by

23 this Act, or the application of such provision or amend24 ment to any person or circumstance is held to be unconsti25 tutional, the remainder of this Act, the amendments made

26 by this Act, and the application of the provisions of such
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