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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 735 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  1st Session
                                 S. 735

_______________________________________________________________________

                                 AN ACT

 
    To prevent and punish acts of terrorism, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Comprehensive Terrorism Prevention 
Act of 1995''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
             TITLE I--SUBSTANTIVE CRIMINAL LAW ENHANCEMENTS

Sec. 101. Increased penalty for conspiracies involving explosives.
Sec. 102. Acts of terrorism transcending national boundaries.
Sec. 103. Conspiracy to harm people and property overseas.
Sec. 104. Increased penalties for certain terrorism crimes.
Sec. 105. Mandatory penalty for transferring an explosive material 
                            knowing that it will be used to commit a 
                            crime of violence.
Sec. 106. Penalty for possession of stolen explosives.
Sec. 107. Enhanced penalties for use of explosives or arson crimes.
Sec. 108. Increased periods of limitation for National Firearms Act 
                            violations.
              TITLE II--COMBATING INTERNATIONAL TERRORISM

Sec. 201. Findings.
Sec. 202. Prohibition on assistance to countries that aid terrorist 
                            states.
Sec. 203. Prohibition on assistance to countries that provide military 
                            equipment to terrorist states.
Sec. 204. Opposition to assistance by international financial 
                            institutions to terrorist states.
Sec. 205. Antiterrorism assistance.
Sec. 206. Jurisdiction for lawsuits against terrorist states.
Sec. 207. Report on support for international terrorists.
Sec. 208. Definition of assistance.
Sec. 209. Waiver authority concerning notice of denial of application 
                            for visas.
Sec. 210. Membership in a terrorist organization as a basis for 
                            exclusion from the United States under the 
                            Immigration and Nationality Act.
                        TITLE III--ALIEN REMOVAL

Sec. 301. Alien terrorist removal.
Sec. 302. Extradition of aliens.
Sec. 303. Changes to the Immigration and Nationality Act to facilitate 
                            removal of alien terrorists.
Sec. 304. Access to certain confidential immigration and naturalization 
                            files through court order.
       TITLE IV--CONTROL OF FUNDRAISING FOR TERRORISM ACTIVITIES

Sec. 401. Prohibition on terrorist fundraising.
Sec. 402. Correction to material support provision.
        TITLE V--ASSISTANCE TO FEDERAL LAW ENFORCEMENT AGENCIES

                  Subtitle A--Antiterrorism Assistance

Sec. 501. Disclosure of certain consumer reports to the Federal Bureau 
                            of Investigation for foreign 
                            counterintelligence investigations.
Sec. 502. Access to records of common carriers, public accommodation 
                            facilities, physical storage facilities, 
                            and vehicle rental facilities in foreign 
                            counterintelligence and counterterrorism 
                            cases.
Sec. 503. Increase in maximum rewards for information concerning 
                            international terrorism.
        Subtitle B--Intelligence and Investigation Enhancements

Sec. 511. Study and report on electronic surveillance.
Sec. 512. Authorization for interceptions of communications in certain 
                            terrorism related offenses.
Sec. 513. Requirement to preserve evidence.
           Subtitle C--Additional Funding for Law Enforcement

Sec. 521. Federal Bureau of Investigation assistance to combat 
                            terrorism.
Sec. 522. Authorization of additional appropriations for the United 
                            States Customs Service.
Sec. 523. Authorization of additional appropriations for the 
                            Immigration and Naturalization Service.
Sec. 524. Drug Enforcement Administration.
Sec. 525. Department of Justice.
Sec. 526. Authorization of additional appropriations for the Department 
                            of the Treasury.
Sec. 527. Funding source.
Sec. 528. Deterrent against Terrorist Activity Damaging a Federal 
                            Interest Computer.
               TITLE VI--CRIMINAL PROCEDURAL IMPROVEMENTS

                    Subtitle A--Habeas Corpus Reform

Sec. 601. Filing deadlines.
Sec. 602. Appeal.
Sec. 603. Amendment of Federal Rules of Appellate Procedure.
Sec. 604. Section 2254 amendments.
Sec. 605. Section 2255 amendments.
Sec. 606. Limits on second or successive applications.
Sec. 607. Death penalty litigation procedures.
Sec. 608. Technical amendment.
              Subtitle B--Criminal Procedural Improvements

Sec. 621. Clarification and extension of criminal jurisdiction over 
                            certain terrorism offenses overseas.
Sec. 622. Expansion of territorial sea.
Sec. 623. Expansion of weapons of mass destruction statute.
Sec. 624. Addition of terrorism offenses to the RICO statute.
Sec. 625. Addition of terrorism offenses to the money laundering 
                            statute.
Sec. 626. Protection of current or former officials, officers, or 
                            employees of the United States.
Sec. 627. Addition of conspiracy to terrorism offenses.
Sec. 628. Clarification of Federal jurisdiction over bomb threats.
                TITLE VII--MARKING OF PLASTIC EXPLOSIVES

Sec. 701. Findings and purposes.
Sec. 702. Definitions.
Sec. 703. Requirement of detection agents for plastic explosives.
Sec. 704. Criminal sanctions.
Sec. 705. Exceptions.
Sec. 706. Investigative authority.
Sec. 707. Effective date.
Sec. 708. Study and requirements for tagging of explosive materials, 
                            and study and recommendations for rendering 
                            explosive components inert and imposing 
                            controls on precursors of explosives.
                     TITLE VIII--NUCLEAR MATERIALS

Sec. 801. Findings and purpose.
Sec. 802. Expansion of scope and jurisdictional bases of nuclear 
                            materials prohibitions.
                   TITLE IX--MISCELLANEOUS PROVISIONS

Sec. 901. Prohibition on distribution of information relating to 
                            explosive materials for a criminal purpose.
Sec. 902. Designation of Cartney Koch McRaven Child Development Center.
Sec. 903. Foreign air travel safety.
Sec. 904. Proof of citizenship.
Sec. 905. Cooperation of fertilizer research centers.
Sec. 906. Special assessments on convicted persons.
Sec. 907. Prohibition on assistance under Arms Export Control Act for 
                            countries not cooperating fully with United 
                            States antiterrorism efforts.
Sec. 908. Authority to request military assistance with respect to 
                            offenses involving biological and chemical 
                            weapons.
Sec. 909. Revision to existing authority for multipoint wiretaps.
Sec. 910. Authorization of additional appropriations for the United 
                            States Park Police.
Sec. 911. Authorization of additional appropriations for the 
                            Administrative Office of the United States 
                            Courts.
Sec. 912. Authorization of additional appropriations for the United 
                            States Customs Service.
Sec. 913. Severability.
                   TITLE X--VICTIMS OF TERRORISM ACT

Sec. 1001. Title.
Sec. 1002. Authority to provide assistance and compensation to victims 
                            of terrorism.
Sec. 1003. Funding of compensation and assistance to victims of 
                            terrorism, mass violence, and crime.
Sec. 1004. Crime victims fund amendments.
             TITLE I--SUBSTANTIVE CRIMINAL LAW ENHANCEMENTS

SEC. 101. INCREASED PENALTY FOR CONSPIRACIES INVOLVING EXPLOSIVES.

    Section 844 of title 18, United States Code, is amended by adding 
at the end the following new subsection:
    ``(n) Except as otherwise provided in this section, a person who 
conspires to commit any offense defined in this chapter shall be 
subject to the same penalties (other than the penalty of death) as 
those prescribed for the offense the commission of which was the object 
of the conspiracy.''.

SEC. 102. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.

    (a) Redesignation.--(1) Chapter 113B of title 18, United States 
Code (relating to torture) is redesignated as chapter 113C.
    (2) The chapter analysis of title 18, United States Code, is 
amended by striking ``113B'' the second place it appears and inserting 
``113C''.
    (b) Offense.--Chapter 113B of title 18, United States Code, is 
amended by inserting after section 2332a the following new section:
``Sec. 2332b. Acts of terrorism transcending national boundaries
    ``(a) Prohibited Acts.--
            ``(1) Whoever, in a circumstance described in subsection 
        (b), commits an act within the United States that if committed 
        within the special maritime and territorial jurisdiction of the 
        United States would be in violation of section 113(a), (1), 
        (2), (3), (6), or (7), 114, 1111, 1112, 1201, or 1363 shall be 
        punished as prescribed in subsection (c).
            ``(2) Whoever threatens, attempts, or conspires to commit 
        an offense under paragraph (1) shall be punished under 
        subsection (c).
    ``(b) Jurisdictional Bases.--
            ``(1) This section applies to conduct described in 
        subsection (a) if--
                    ``(A) the mail, or any facility utilized in 
                interstate commerce, is used in furtherance of the 
                commission of the offense;
                    ``(B) the offense obstructs, delays, or affects 
                interstate or foreign commerce in any way or degree, or 
                would have obstructed, delayed, or affected interstate 
                or foreign commerce if the offense had been 
                consummated;
                    ``(C) the victim or intended victim is the United 
                States Government or any official, officer, employee, 
                or agent of the legislative, executive, or judicial 
                branches, or of any department or agency, of the United 
                States;
                    ``(D) the structure, conveyance, or other real or 
                personal property was in whole or in part owned, 
                possessed, or used by, or leased to the United States, 
                or any department or agency thereof;
                    ``(E) the offense is committed in the territorial 
                sea (including the airspace above and the seabed and 
                subsoil below, and artificial islands and fixed 
                structures erected thereon) of the United States; or
                    ``(F) the offense is committed in places within the 
                United States that are in the special maritime and 
                territorial jurisdiction of the United States.
            ``(2) Jurisdiction shall exist over all principals, 
        coconspirators, and accessories after the fact, of an offense 
        under subsection (a) if at least one of the circumstances 
        described in paragraph (1) is applicable to at least one 
        offender.
    ``(c) Penalties.--
            ``(1) Whoever violates this section shall, in addition to 
        the punishment provided for any other crime charged in the 
        indictment, be punished--
                    ``(A) if death results to any person, by death, or 
                by imprisonment for any term of years or for life;
                    ``(B) for kidnapping, by imprisonment for any term 
                of years or for life;
                    ``(C) for maiming, by imprisonment for not more 
                than 35 years;
                    ``(D) for assault with intent to commit murder or 
                any other felony or with a dangerous weapon or assault 
                resulting in serious bodily injury, by imprisonment for 
                not more than 30 years;
                    ``(E) for destroying or damaging any structure, 
                conveyance, or other real or personal property, by 
                imprisonment for not more than 25 years;
                    ``(F) for attempting or conspiring to commit the 
                offense, for any term of years up to the maximum 
                punishment that would have applied had the offense been 
                completed; and
                    ``(G) for threatening to commit the offense, by 
                imprisonment for not more than 10 years.
            ``(2) Notwithstanding any other provision of law, the court 
        shall not place on probation any person convicted of a 
        violation of this section.
    ``(d) Limitation on Prosecution.--No indictment for any offense 
described in this section shall be sought by the United States except 
after the Attorney General, or the highest ranking subordinate of the 
Attorney General with responsibility for criminal prosecutions, has 
made a written certification that, in the judgment of the certifying 
official--
            ``(1) such offense, or any activity preparatory to its 
        commission, transcended national boundaries; and
            ``(2) the offense appears to have been intended to coerce, 
        intimidate, or retaliate against a government or a civilian 
        population, including any segment thereof.
    ``(e) Investigative Responsibility.--Violations of this section 
shall be investigated by the Federal Bureau of Investigation. Nothing 
in this section shall be construed to interfere with the authority of 
the United States Secret Service under section 3056, or with its 
investigative authority with respect to sections 871 and 879.
    ``(f) Evidence.--In a prosecution under this section, the United 
States shall not be required to prove knowledge by any defendant of a 
jurisdictional base alleged in the indictment.
    ``(g) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction over--
            ``(1) any offense under subsection (a); and
            ``(2) conduct that, under section 3, renders any person an 
        accessory after the fact to an offense under subsection (a).
    ``(h) Definitions.--As used in this section--
            ``(1) the term `commerce' has the meaning given such term 
        in section 1951(b)(3);
            ``(2) the term `facility utilized in interstate commerce' 
        includes means of transportation, communication, and 
        transmission;
            ``(3) the term `national of the United States' has the 
        meaning given such term in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
            ``(4) the term `serious bodily injury' has the meaning 
        given such term in section 1365(g)(3); and
            ``(5) the term `territorial sea of the United States' means 
        all waters extending seaward to 12 nautical miles from the 
        baselines of the United States determined in accordance with 
        international law.''.
    (c) Technical Amendment.--The chapter analysis for Chapter 113B of 
title 18, United States Code, is amended by inserting after the item 
relating to section 2332a, the following new item:

``2332b. Acts of terrorism transcending national boundaries.''.
    (d) Statute of Limitations Amendment.--Section 3286 of title 18, 
United States Code, is amended--
            (1) by striking ``any offense'' and inserting ``any 
        noncapital offense'';
            (2) by striking ``36'' and inserting ``37'';
            (3) by striking ``2331'' and inserting ``2332'';
            (4) by striking ``2339'' and inserting ``2332a''; and
            (5) by inserting ``2332b (acts of terrorism transcending 
        national boundaries),'' after ``(use of weapons of mass 
        destruction),''.
    (e) Presumptive Detention.--Section 3142(e) of title 18, United 
States Code, is amended by inserting ``or section 2332b'' after 
``section 924(c)''.
    (f) Expansion of Provision Relating to Destruction or Injury of 
Property Within Special Maritime and Territorial Jurisdiction.--Section 
1363 of title 18, United States Code, is amended by striking ``any 
building, structure or vessel, any machinery or building materials and 
supplies, military or naval stores, munitions of war or any structural 
aids or appliances for navigation or shipping'' and inserting ``any 
structure, conveyance, or other real or personal property''.

SEC. 103. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS.

    (a) In General.--Section 956 of title 18, United States Code, is 
amended to read as follows:
``Sec. 956. Conspiracy to kill, kidnap, maim, or injure certain 
              property in a foreign country
    ``(a)(1) Whoever, within the jurisdiction of the United States, 
conspires with one or more other persons, regardless of where such 
other person or persons is located, to commit at any place outside the 
United States an act that would constitute the offense of murder, 
kidnapping, or maiming if committed in the special maritime and 
territorial jurisdiction of the United States, shall, if he or any such 
other person commits an act within the jurisdiction of the United 
States to effect any object of the conspiracy, be punished as provided 
in paragraph (2).
    ``(2) The punishment for an offense under paragraph (1) is--
            ``(A) imprisonment for any term of years or for life if the 
        offense is conspiracy to murder or kidnap; and
            ``(B) imprisonment for not more than 35 years if the 
        offense is conspiracy to maim.
    ``(b) Whoever, within the jurisdiction of the United States, 
conspires with one or more persons, regardless of where such other 
person or persons is located, to injure or destroy specific property 
situated within a foreign country and belonging to a foreign government 
or to any political subdivision thereof with which the United States is 
at peace, or any railroad, canal, bridge, airport, airfield, or other 
public utility, public conveyance, or public structure, or any 
religious, educational, or cultural property so situated, shall, if he 
or any such other person commits an act within the jurisdiction of the 
United States to effect any object of the conspiracy, be imprisoned not 
more than 25 years.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 45 of 
title 18, United States Code, is amended by striking the item relating 
to section 956 and inserting the following:

``956. Conspiracy to kill, kidnap, maim, or injure certain property in 
                            a foreign country.''.
SEC. 104. INCREASED PENALTIES FOR CERTAIN TERRORISM CRIMES.

    (a) In General.--Title 18, United States Code, is amended--
            (1) in section 114, by striking ``maim or disfigure'' and 
        inserting ``torture (as defined in section 2340), maim, or 
        disfigure'';
            (2) in section 755, by striking ``two years'' and inserting 
        ``five years'';
            (3) in section 756, by striking ``one year'' and inserting 
        ``five years'';
            (4) in section 878(a), by striking ``by killing, 
        kidnapping, or assaulting a foreign official, official guest, 
        or internationally protected person'';
            (5) in section 1113, by striking ``three years or fined'' 
        and inserting ``seven years''; and
            (6) in section 2332(c), by striking ``five'' and inserting 
        ``ten''.
    (b) Penalty for Carrying Weapons or Explosives on an Aircraft.--
Section 46505 of title 49, United States Code, is amended--
            (1) in subsection (b), by striking ``one'' and inserting 
        ``10''; and
            (2) in subsection (c), by striking ``5'' and inserting 
        ``15''.

SEC. 105. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE MATERIAL 
              KNOWING THAT IT WILL BE USED TO COMMIT A CRIME OF 
              VIOLENCE.

    Section 844 of title 18, United States Code, is amended by adding 
at the end the following new subsection:
    ``(n) Whoever knowingly transfers an explosive material, knowing or 
having reasonable cause to believe that such explosive material will be 
used to commit a crime of violence (as defined in section 924(c)(3)) or 
drug trafficking crime (as defined in section 924(c)(2)) shall be 
imprisoned for not less than 10 years, fined under this title, or 
both.''.

SEC. 106. PENALTY FOR POSSESSION OF STOLEN EXPLOSIVES.

    Section 842(h) of title 18, United States Code, is amended to read 
as follows:
    ``(h) It shall be unlawful for any person to receive, possess, 
transport, ship, conceal, store, barter, sell, dispose of, pledge, or 
accept as security for a loan, any stolen explosive material that is 
moving in, part of, constitutes, or has been shipped or transported in, 
interstate or foreign commerce, either before or after such material 
was stolen, knowing or having reasonable cause to believe that the 
explosive material was stolen.''.

SEC. 107. ENHANCED PENALTIES FOR USE OF EXPLOSIVES OR ARSON CRIMES.

    Section 844 of title 18, United States Code, is amended--
            (1) in subsection (e), by striking ``five'' and inserting 
        ``10'';
            (2) by amending subsection (f) to read as follows:
    ``(f)(1) Whoever maliciously damages or destroys, or attempts to 
damage or destroy, by means of fire or an explosive, any building, 
vehicle, or other personal or real property in whole or in part owned 
or possessed by, or leased to, the United States, or any department or 
agency thereof, shall be imprisoned for not less than 5 years and not 
more than 20 years. The court may order a fine of not more than the 
greater of $100,000 or the cost of repairing or replacing any property 
that is damaged or destroyed.
    ``(2) Whoever engages in conduct prohibited by this subsection, and 
as a result of such conduct directly or proximately causes personal 
injury to any person, including any public safety officer performing 
duties, shall be imprisoned not less than 7 years and not more than 40 
years. The court may order a fine of not more than the greater of 
$200,000 or the cost of repairing or replacing any property that is 
damaged or destroyed.
    ``(3) Whoever engages in conduct prohibited by this subsection, and 
as a result of such conduct directly or proximately causes the death of 
any person, including any public safety officer performing duties, 
shall be imprisoned for a term of years or for life, or sentenced to 
death. The court may order a fine of not more than the greater of 
$200,000 or the cost of repairing or replacing any property that is 
damaged or destroyed.''.
            (4) in subsection (h)--
                    (A) in the first sentence by striking ``5 years but 
                not more than 15 years'' and inserting ``10 years''; 
                and
                    (B) in the second sentence by striking ``10 years 
                but not more than 25 years'' and inserting ``20 
                years''; and
            (5) in subsection (i)--
                    (A) by striking ``not more than 20 years, fined the 
                greater of a fine under this title or the cost of 
                repairing or replacing any property that is damaged or 
                destroyed,'' and inserting ``not less than 5 years and 
                not more than 20 years, fined the greater of $100,000 
                or the cost of repairing or replacing any property that 
                is damaged or destroyed'';
                    (B) by striking ``not more than 40 years, fined the 
                greater of a fine under this title or the cost of 
                repairing or replacing any property that is damaged or 
                destroyed,'' and inserting ``not less than 7 years and 
                not more than 40 years, fined the greater of $200,000 
                or the cost of repairing or replacing any property that 
                is damaged or destroyed''; and
                    (C) by striking ``7 years'' and inserting ``10 
                years''.

SEC. 108. INCREASED PERIODS OF LIMITATION FOR NATIONAL FIREARMS ACT 
              VIOLATIONS.

    Section 6531 of the Internal Revenue Code of 1986 is amended--
            (1) by redesignating paragraphs (1) through (8) as 
        subparagraphs (A) through (H), respectively; and
            (2) by amending the matter immediately preceding 
        subparagraph (A), as redesignated, to read as follows: ``No 
        person shall be prosecuted, tried, or punished for any criminal 
        offense under the internal revenue laws unless the indictment 
        is found or the information instituted not later than 3 years 
        after the commission of the offense, except that the period of 
        limitation shall be--
            ``(1) 5 years for offenses described in section 5861 
        (relating to firearms and other devices); and
            ``(2) 6 years--.''.

              TITLE II--COMBATING INTERNATIONAL TERRORISM

SEC. 201. FINDINGS.

    The Congress finds that--
            (1) international terrorism is among the most serious 
        transnational threats faced by the United States and its 
        allies, far eclipsing the dangers posed by population growth or 
        pollution;
            (2) the President should continue to make efforts to 
        counter international terrorism a national security priority;
            (3) because the United Nations has been an inadequate forum 
        for the discussion of cooperative, multilateral responses to 
        the threat of international terrorism, the President should 
        undertake immediate efforts to develop effective multilateral 
        responses to international terrorism as a complement to 
        national counterterrorist efforts;
            (4) the President should use all necessary means, including 
        covert action and military force, to disrupt, dismantle, and 
        destroy international infrastructure used by international 
        terrorists, including overseas terrorist training facilities 
        and safe havens;
            (5) the Congress deplores decisions to ease, evade, or end 
        international sanctions on state sponsors of terrorism, 
        including the recent decision by the United Nations Sanctions 
        Committee to allow airline flights to and from Libya despite 
        Libya's noncompliance with United Nations resolutions; and
            (6) the President should continue to undertake efforts to 
        increase the international isolation of state sponsors of 
        international terrorism, including efforts to strengthen 
        international sanctions, and should oppose any future 
        initiatives to ease sanctions on Libya or other state sponsors 
        of terrorism.

SEC. 202. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST 
              STATES.

    The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) is 
amended by adding immediately after section 620F the following new 
section:

``SEC. 620G. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST 
              STATES.

    ``(a) Prohibition.--No assistance under this Act shall be provided 
to the government of any country that provides assistance to the 
government of any other country for which the Secretary of State has 
made a determination under section 620A''.
    ``(b) Waiver.--Assistance prohibited by this section may be 
furnished to a foreign government described in subsection (a) if the 
President determines that furnishing such assistance is important to 
the national interests of the United States and, not later than 15 days 
before obligating such assistance, furnishes a report to the 
appropriate committees of Congress including--
            ``(1) a statement of the determination;
            ``(2) a detailed explanation of the assistance to be 
        provided;
            ``(3) the estimated dollar amount of the assistance; and
            ``(4) an explanation of how the assistance furthers United 
        States national interests.''.

SEC. 203. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY 
              EQUIPMENT TO TERRORIST STATES.

    The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) is 
amended by adding immediately after section 620G the following new 
section:

``SEC. 620H. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE 
              MILITARY EQUIPMENT TO TERRORIST STATES.

    ``(a) Prohibition.--
            ``(1) In general.--No assistance under this Act shall be 
        provided to the government of any country that provides lethal 
        military equipment to a country the government of which the 
        Secretary of State has determined is a terrorist government for 
        the purposes of 6(j) of the Export Administration Act of 1979 
        (50 U.S.C. App. 2405(j)), or 620A of the Foreign Assistance Act 
        of 1961 (22 U.S.C. 2371).
            ``(2) Applicability.--The prohibition under this section 
        with respect to a foreign government shall terminate 1 year 
        after that government ceases to provide lethal military 
        equipment. This section applies with respect to lethal military 
        equipment provided under a contract entered into after the date 
        of enactment of this Act.
    ``(b) Waiver.--Notwithstanding any other provision of law, 
assistance may be furnished to a foreign government described in 
subsection (a) if the President determines that furnishing such 
assistance is important to the national interests of the United States 
and, not later than 15 days before obligating such assistance, 
furnishes a report to the appropriate committees of Congress 
including--
            ``(1) a statement of the determination;
            ``(2) a detailed explanation of the assistance to be 
        provided;
            ``(3) the estimated dollar amount of the assistance; and
            ``(4) an explanation of how the assistance furthers United 
        States national interests.''.

SEC. 204. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL 
              INSTITUTIONS TO TERRORIST STATES.

    The International Financial Institutions Act (22 U.S.C. 262c et 
seq.) is amended by inserting after section 1620 the following new 
section:

``SEC. 1621. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL 
              INSTITUTIONS TO TERRORIST STATES.

    ``(a) In General.--The Secretary of the Treasury shall instruct the 
United States executive director of each international financial 
institution to vote against any loan or other use of the funds of the 
respective institution to or for a country for which the Secretary of 
State has made a determination under section 6(j) of the Export 
Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section 620A of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2371).
    ``(b) Definition.--For purposes of this section, the term 
`international financial institution' includes--
            ``(1) the International Bank for Reconstruction and 
        Development, the International Development Association, and the 
        International Monetary Fund;
            ``(2) wherever applicable, the Inter-American Bank, the 
        Asian Development Bank, the European Bank for Reconstruction 
        and Development, the African Development Bank, and the African 
        Development Fund; and
            ``(3) any similar institution established after the date of 
        enactment of this section.''.

SEC. 205. ANTITERRORISM ASSISTANCE.

    (a) Foreign Assistance Act.--Section 573 of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2349aa-2) is amended--
            (1) in subsection (c), by striking ``development and 
        implementation of the antiterrorism assistance program under 
        this chapter, including'';
            (2) by amending subsection (d) to read as follows:
    ``(d)(1) Arms and ammunition may be provided under this chapter 
only if they are directly related to antiterrorism assistance.
    ``(2) The value (in terms of original acquisition cost) of all 
equipment and commodities provided under this chapter in any fiscal 
year shall not exceed 30 percent of the funds made available to carry 
out this chapter for that fiscal year.''; and
            (3) by striking subsection (f).
    (b) Assistance to Foreign Countries To Procure Explosives Detection 
Devices and Other Counterterrorism Technology.--(1) Subject to section 
575(b), up to $3,000,000 in any fiscal year may be made available--
            (A) to procure explosives detection devices and other 
        counterterrorism technology; and
            (B) for joint counterterrorism research and development 
        projects on such technology conducted with NATO and major non-
        NATO allies under the auspices of the Technical Support Working 
        Group of the Department of State.
    (2) As used in this subsection, the term ``major non-NATO allies'' 
means those countries designated as major non-NATO allies for purposes 
of section 2350a(i)(3) of title 10, United States Code.
    (c) Assistance to Foreign Countries.--Notwithstanding any other 
provision of law (except section 620A of the Foreign Assistance Act of 
1961) up to $1,000,000 in assistance may be provided to a foreign 
country for counterterrorism efforts in any fiscal year if--
            (1) such assistance is provided for the purpose of 
        protecting the property of the United States Government or the 
        life and property of any United States citizen, or furthering 
        the apprehension of any individual involved in any act of 
        terrorism against such property or persons; and
            (2) the appropriate committees of Congress are notified not 
        later than 15 days prior to the provision of such assistance.

SEC. 206. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES.

    (a) Exception to Foreign Sovereign Immunity for Certain Cases.--
Section 1605 of title 28, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking the period at the end of paragraph 
                (6) and inserting ``; or'' and
                    (B) by adding at the end the following new 
                paragraph:
            ``(7) not otherwise covered by paragraph (2) in which money 
        damages are sought against a foreign government for personal 
        injury or death that was caused by an act of torture, 
        extrajudicial killing, aircraft sabotage, hostage taking, or 
        the provision of material support or resources (as defined in 
        section 2339A of title 18, United States Code) for a person 
        carrying out such an act, by a foreign state or by any 
        official, employee, or agent of such foreign state while acting 
        within the scope of his or her office, employment, or agency, 
        except that--
                    ``(A) the claimant must first afford the foreign 
                state a reasonable opportunity to arbitrate the claim 
                in accordance with accepted international rules of 
                arbitration; and
                    ``(B) an action under this paragraph shall not be 
                maintained unless the act upon which the claim is 
                based--
                            ``(i) occurred while the individual 
                        bringing the claim was a national of the United 
                        States (as that term is defined in section 
                        101(a)(2) of the Immigration and Nationality 
                        Act); and
                            ``(ii) occurred while the foreign state was 
                        designated as a state sponsor of terrorism 
                        under section 6(j) of the Export Administration 
                        Act of 1979 (50 App. U.S.C. 2405(j)) or section 
                        620A of the Foreign Assistance Act of 1961 (22 
                        U.S.C. 2371).''; and
            (2) by adding at the end the following new subsection:
    ``(e) For purposes of paragraph (7)--
            ``(1) the terms `torture' and `extrajudicial killing' have 
        the meaning given those terms in section 3 of the Torture 
        Victim Protection Act of 1991 (28 U.S.C. 350 note);
            ``(2) the term `hostage taking' has the meaning given such 
        term in Article 1 of the International Convention Against the 
        Taking of Hostages; and
            ``(3) the term `aircraft sabotage' has the meaning given 
        such term in Article 1 of the Convention for the Suppression of 
        Unlawful Acts Against the Safety of Civil Aviation.''.
    (b) Exception to Immunity From Attachment.--
            (1) Foreign state.--Section 1610(a) of title 28, United 
        States Code, is amended--
                    (A) by striking the period at the end of paragraph 
                (6) and inserting ``, or''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(7) the judgment relates to a claim for which the foreign 
        state is not immune under section 1605(a)(7), regardless of 
        whether the property is or was involved with the act upon which 
        the claim is based.''.
            (2) Agency or instrumentality.--Section 1610(b)(2) of such 
        title is amended--
                    (A) by striking ``or (5)'' and inserting ``(5), or 
                (7)''; and
                    (B) by striking ``used for the activity'' and 
                inserting ``involved in the act''.
    (c) Applicability.--The amendments made by this title shall apply 
to any cause of action arising before, on, or after the date of the 
enactment of this Act.

SEC. 207. REPORT ON SUPPORT FOR INTERNATIONAL TERRORISTS.

    Not later than 60 days after the date of enactment of this Act, and 
annually thereafter in the report required by section 140 of the 
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 
U.S.C. 2656f), the Secretary of State shall submit a report to the 
Speaker of the House of Representatives and the Committee on Foreign 
Relations of the Senate that includes--
            (1) a detailed assessment of international terrorist groups 
        including their--
                    (A) size, leadership, and sources of financial and 
                logistical support;
                    (B) goals, doctrine, and strategy;
                    (C) nature, scope, and location of human and 
                technical infrastructure;
                    (D) level of education and training;
                    (E) bases of operation and recruitment;
                    (F) operational capabilities; and
                    (G) linkages with state and non-state actors such 
                as ethnic groups, religious communities, or criminal 
                organizations;
            (2) a detailed assessment of any country that provided 
        support of any type for international terrorism, terrorist 
        groups, or individual terrorists, including countries that 
        knowingly allowed terrorist groups or individuals to transit or 
        reside in their territory, regardless of whether terrorist acts 
        were committed on their territory by such individuals;
            (3) a detailed assessment of individual country efforts to 
        take effective action against countries named in section 6(j) 
        of the Export Administration Act of 1979 (50 U.S.C. App. 
        2405(j)), including the status of compliance with international 
        sanctions and the status of bilateral economic relations; and
            (4) United States Government efforts to implement this 
        title.

SEC. 208. DEFINITION OF ASSISTANCE.

    For purposes of this title--
            (1) the term ``assistance'' means assistance to or for the 
        benefit of a government of any country that is provided by 
        grant, concessional sale, guaranty, insurance, or by any other 
        means on terms more favorable than generally available in the 
        applicable market, whether in the form of a loan, lease, 
        credit, debt relief, or otherwise, including subsidies for 
        exports to such country and favorable tariff treatment of 
        articles that are the growth, product, or manufacture of such 
        country; and
            (2) the term ``assistance'' does not include assistance of 
        the type authorized under chapter 9 of part 1 of the Foreign 
        Assistance Act of 1961 (relating to international disaster 
        assistance).

SEC. 209. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF APPLICATION 
              FOR VISAS.

    Section 212(b) of the Immigration and Nationality Act (8 U.S.C. 
1182(b)) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (2) by striking ``If'' and inserting ``(1) Subject to 
        paragraph (2), if''; and
            (3) by inserting at the end the following paragraph:
          ``(2) With respect to applications for visas, the Secretary 
        of State may waive the application of paragraph (1) in the case 
        of a particular alien or any class or classes of excludable 
        aliens, except in cases of intent to immigrate.''.

SEC. 210. MEMBERSHIP IN A TERRORIST ORGANIZATION AS A BASIS FOR 
              EXCLUSION FROM THE UNITED STATES UNDER THE IMMIGRATION 
              AND NATIONALITY ACT.

    Section 212(a)(3)(B) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(B)) is amended--
            (1) in clause (i)--
                    (A) by striking ``or'' at the end of subclause (I);
                    (B) by inserting ``or'' at the end of subclause 
                (II); and
                    (C) by inserting after subclause (II) the following 
                new subclause:
                                    ``(III) is a member of a terrorist 
                                organization or who actively supports 
                                or advocates terrorist activity,''; and
            (2) by adding at the end the following new clause:
                            ``(iv) Terrorist organization defined.--As 
                        used in this subparagraph, the term `terrorist 
                        organization' means an organization that 
                        engages in, or has engaged in, terrorist 
                        activity as designated by the Secretary of 
                        State, after consultation with the Secretary of 
                        the Treasury.''.

                        TITLE III--ALIEN REMOVAL

SEC. 301. ALIEN TERRORIST REMOVAL.

    (a) Table of Contents.--The Immigration and Nationality Act is 
amended by adding at the end of the table of contents the following:

             ``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES

``501. Definitions.
``502. Applicability.
``503. Removal of alien terrorists.''.
    (b) Alien Terrorist Removal.--The Immigration and Nationality Act 
is amended by adding at the end the following new title:

             ``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES

``SEC. 501. DEFINITIONS.

    ``As used in this title--
            ``(1) the term `alien terrorist' means any alien described 
        in section 241(a)(4)(B);
            ``(2) the term `classified information' has the same 
        meaning as defined in section 1(a) of the Classified 
        Information Procedures Act (18 U.S.C. App. IV);
            ``(3) the term `national security' has the same meaning as 
        defined in section 1(b) of the Classified Information 
        Procedures Act (18 U.S.C. App. IV);
            ``(4) the term `special court' means the court described in 
        section 503(c); and
            ``(5) the term `special removal hearing' means the hearing 
        described in section 503(e).

``SEC. 502. APPLICABILITY.

    ``(a) In General.--The provisions of this title may be followed in 
the discretion of the Attorney General whenever the Department of 
Justice has classified information that an alien described in section 
241(a)(4)(B) is subject to deportation because of such section.
    ``(b) Procedures.--Whenever an official of the Department of 
Justice files, under section 503(a), an application with the court 
established under section 503(c) for authorization to seek removal 
pursuant to this title, the alien's rights regarding removal and 
expulsion shall be governed solely by the provisions of this title, 
except as specifically provided.

``SEC. 503. REMOVAL OF ALIEN TERRORISTS.

    ``(a) Application for Use of Procedures.--This section shall apply 
whenever the Attorney General certifies under seal to the special court 
that--
            ``(1) the Attorney General or Deputy Attorney General has 
        approved of the proceeding under this section;
            ``(2) an alien terrorist is physically present in the 
        United States; and
            ``(3) removal of such alien terrorist by deportation 
        proceedings described in sections 242, 242A, or 242B would pose 
        a risk to the national security of the United States because 
        such proceedings would disclose classified information.
    ``(b) Custody and Release Pending Hearing.--(1) The Attorney 
General may take into custody any alien with respect to whom a 
certification has been made under subsection (a), and notwithstanding 
any other provision of law, may retain such alien in custody in 
accordance with this subsection.
    ``(2)(A) An alien with respect to whom a certification has been 
made under subsection (a) shall be given a release hearing before the 
special court designated pursuant to subsection (c).
    ``(B) The judge shall grant the alien release, subject to such 
terms and conditions prescribed by the court (including the posting of 
any monetary amount), pending the special removal hearing if--
            ``(i) the alien is lawfully present in the United States;
            ``(ii) the alien demonstrates that the alien, if released, 
        is not likely to flee; and
            ``(iii) the alien demonstrates that release of the alien 
        will not endanger national security or the safety of any person 
        or the community.
    ``(C) The judge may consider classified information submitted in 
camera and ex parte in making a determination whether to release an 
alien pending the special hearing.
    ``(c) Special Court.--(1) The Chief Justice of the United States 
shall publicly designate not more than 5 judges from up to 5 United 
States judicial districts to hear and decide cases arising under this 
section, in a manner consistent with the designation of judges 
described in section 103(a) of the Foreign Intelligence Surveillance 
Act (50 U.S.C. 1803(a)).
    ``(2) The Chief Justice may, in the Chief Justice's discretion, 
designate the same judges under this section as are designated pursuant 
to section 103(a) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803(a)).
    ``(d) Invocation of Special Court Procedure.--(1) When the Attorney 
General makes the application described in subsection (a), a single 
judge of the special court shall consider the application in camera and 
ex parte.
    ``(2) The judge shall invoke the procedures of subsection (e) if 
the judge determines that there is probable cause to believe that--
            ``(A) the alien who is the subject of the application has 
        been correctly identified and is an alien as described in 
        section 241(a)(4)(B); and
            ``(B) a deportation proceeding described in section 242, 
        242A, or 242B would pose a risk to the national security of the 
        United States because such proceedings would disclose 
        classified information.
    ``(e) Special Removal Hearing.--(1) Except as provided in paragraph 
(5), the special removal hearing authorized by a showing of probable 
cause described in subsection (d)(2) shall be open to the public.
    ``(2) The alien shall have a reasonable opportunity to be present 
at such hearing and to be represented by counsel. Any alien financially 
unable to obtain counsel shall be entitled to have counsel assigned to 
represent such alien. Counsel may be appointed as described in section 
3006A of title 18, United States Code.
    ``(3) The alien shall have a reasonable opportunity to introduce 
evidence on his own behalf, and except as provided in paragraph (5), 
shall have a reasonable opportunity to cross-examine any witness or 
request that the judge issue a subpoena for the presence of a named 
witness.
    ``(4)(A) An alien subject to removal under this section shall have 
no right--
            ``(i) of discovery of information derived from electronic 
        surveillance authorized under the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 801 et seq.) or otherwise 
        for national security purposes if disclosure would present a 
        risk to the national security; or
            ``(ii) to seek the suppression of evidence that the alien 
        alleges was unlawfully obtained, except on grounds of 
        credibility or relevance.
    ``(B) The Government is authorized to use, in the removal 
proceedings, the fruits of electronic surveillance and unconsented 
physical searches authorized under the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 801 et seq.) without regard to 
subsections 106 (c), (e), (f), (g), and (h) of such Act.
    ``(C) Section 3504 of title 18, United States Code, shall not apply 
to procedures under this section if the Attorney General determines 
that public disclosure would pose a risk to the national security of 
the United States because it would disclose classified information.
    ``(5) The judge shall authorize the introduction in camera and ex 
parte of any evidence for which the Attorney General determines that 
public disclosure would pose a risk to the national security of the 
United States because it would disclose classified information. With 
respect to such evidence, the Attorney General shall submit to the 
court an unclassified summary of the specific evidence prepared in 
accordance with paragraph (6).
    ``(6)(A) The information submitted under paragraph (5)(B) shall 
contain an unclassified summary of the classified information that does 
not pose a risk to national security.
    ``(B) The judge shall approve the summary within 15 days of 
submission if the judge finds that it is sufficient to inform the alien 
of the nature of the evidence that such person is an alien as described 
in section 241(a), and to provide the alien with substantially the same 
ability to make his defense as would disclosure of the classified 
information.
    ``(C) The Attorney General shall cause to be delivered to the alien 
a copy of the unclassified summary approved under subparagraph (B).
    ``(D) If the written unclassified summary is not approved by the 
court pursuant to subparagraph (B), the Department of Justice shall be 
afforded 15 days to correct the deficiencies identified by the court 
and submit a revised unclassified summary.
    ``(E) If the revised unclassified summary is not approved by the 
court within 15 days of its submission pursuant to subparagraph (B), 
the special removal hearing shall be terminated unless the court, 
within that time, after reviewing the classified information in camera 
and ex parte, issues written findings that--
            ``(i) the alien's continued presence in the United States 
        would likely cause--
                    ``(I) serious and irreparable harm to the national 
                security; or
                    ``(II) death or serious bodily injury to any 
                person; and
            ``(ii) provision of either the classified information or an 
        unclassified summary that meets the standard set forth in 
        subparagraph (B) would likely cause--
                    ``(I) serious and irreparable harm to the national 
                security; or
                    ``(II) death or serious bodily injury to any 
                person; and
            ``(iii) the unclassified summary prepared by the Justice 
        Department is adequate to allow the alien to prepare a defense.
    ``(F) If the court issues such findings, the special removal 
proceeding shall continue, and the Attorney General shall cause to be 
delivered to the alien within 15 days of the issuance of such findings 
a copy of the unclassified summary together with a statement that it 
meets the standard set forth in subparagraph (E)(iii).
    ``(G)(i) Within 10 days of filing of the appealable order the 
Department of Justice may take an interlocutory appeal to the United 
States Court of Appeals for the District of Columbia Circuit of--
            ``(I) any determination made by the judge concerning the 
        requirements set forth in subparagraph (B).
            ``(II) any determination made by the judge concerning the 
        requirements set forth in subparagraph (E).
    ``(ii) In an interlocutory appeal taken under this paragraph, the 
entire record, including any proposed order of the judge or summary of 
evidence, shall be transmitted to the Court of Appeals under seal, and 
the matter shall be heard ex parte. The Court of Appeals shall consider 
the appeal as expeditiously as possible, but no later than 30 days 
after filing of the appeal.
    ``(f) Determination of Deportation.--The judge shall, considering 
the evidence on the record as a whole (in camera and otherwise), 
require that the alien be deported if the Attorney General proves, by 
clear and convincing evidence, that the alien is subject to deportation 
because such alien is an alien as described in section 241(a)(4)(B). If 
the judge finds that the Department of Justice has met this burden, the 
judge shall order the alien removed and, if the alien was released 
pending the special removal proceeding, order the Attorney General to 
take the alien into custody.
    ``(g) Appeals.--(1) The alien may appeal a final determination 
under subsection (f) to the United States Court of Appeals for the 
District of Columbia Circuit, by filing a notice of appeal with such 
court not later than 30 days after the determination is made. An appeal 
under this section shall be heard by the Court of Appeals sitting en 
banc.
    ``(2) The Attorney General may appeal a determination under 
subsection (d), (e), or (f) to the Court of Appeals for the District of 
Columbia Circuit, by filing a notice of appeal with such court not 
later than 20 days after the determination is made under any one of 
such subsections.
    ``(3) If the Department of Justice does not seek review, the alien 
shall be released from custody, unless such alien may be arrested and 
taken into custody pursuant to title II as an alien subject to 
deportation, in which case such alien shall be treated in accordance 
with the provisions of this Act concerning the deportation of aliens.
    ``(4) If the application for the order is denied because the judge 
has not found probable cause to believe that the alien who is the 
subject of the application has been correctly identified or is an alien 
as described in paragraph 4(B) of section 241(a), and the Department of 
Justice seeks review, the alien shall be released from custody unless 
such alien may be arrested and taken into custody pursuant to title II 
as an alien subject to deportation, in which case such alien shall be 
treated in accordance with the provisions of this Act concerning the 
deportation of aliens simultaneously with the application of this 
title.
    ``(5)(A) If the application for the order is denied based on a 
finding that no probable cause exists to find that adherence to the 
provisions of title II regarding the deportation of the identified 
alien would pose a risk of irreparable harm to the national security of 
the United States, or death or serious bodily injury to any person, the 
judge shall release the alien from custody subject to the least 
restrictive condition or combination of conditions of release described 
in section 3142(b) and (c)(1)(B) (i) through (xiv) of title 18, United 
States Code, that will reasonably ensure the appearance of the alien at 
any future proceeding pursuant to this title and will not endanger the 
safety of any other person or the Community.
    ``(B) The alien shall remain in custody if the court fails to make 
a finding under subparagraph (A), until the completion of any appeal 
authorized by this title. Sections 3145 through 3148 of title 18, 
United States Code, pertaining to review and appeal of a release or 
detention order, penalties for failure to appear, penalties for an 
offense committed while on release, and sanctions for violation of a 
release condition, shall apply to an alien to whom the previous 
sentence applies and--
            ``(i) for purposes of section 3145 of such title, an appeal 
        shall be taken to the United States Court of Appeals for the 
        District of Columbia Circuit; and
            ``(ii) for purposes of section 3146 of such title the alien 
        shall be considered released in connection with a charge of an 
        offense punishable by life imprisonment.
    ``(6) When requested by the Attorney General, the entire record of 
the proceeding under this section shall be transmitted to the court of 
appeals or the Supreme Court under seal. The court of appeals or 
Supreme Court may consider such appeal in camera.''.

SEC. 302. EXTRADITION OF ALIENS.

    (a) Scope.--Section 3181 of title 18, United States Code, is 
amended--
            (1) by inserting ``(a)'' before ``The provisions of this 
        chapter''; and
            (2) by adding at the end the following new subsections:
    ``(b) The provisions of this chapter shall be construed to permit, 
in the exercise of comity, the surrender of persons, other than 
citizens, nationals, or permanent residents of the United States, who 
have committed crimes of violence against nationals of the United 
States in foreign countries without regard to the existence of any 
treaty of extradition with such foreign government if the Attorney 
General certifies, in writing, that--
            ``(1) evidence has been presented by the foreign government 
        that indicates that had the offenses been committed in the 
        United States, they would constitute crimes of violence as 
        defined under section 16 of this title; and
            ``(2) the offenses charged are not of a political nature.
    ``(c) As used in this section, the term `national of the United 
States' has the meaning given such term in section 101(a)(22) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.
    (b) Fugitives.--Section 3184 of title 18, United States Code, is 
amended--
            (1) in the first sentence by inserting after ``United 
        States and any foreign government,'' the following: ``or in 
        cases arising under section 3181(b),'';
            (2) in the first sentence by inserting after ``treaty or 
        convention,'' the following: ``or provided for under section 
        3181(b),''; and
            (3) in the third sentence by inserting after ``treaty or 
        convention,'' the following: ``or under section 3181(b),''.

SEC. 303. CHANGES TO THE IMMIGRATION AND NATIONALITY ACT TO FACILITATE 
              REMOVAL OF ALIEN TERRORISTS.

    (a) Terrorism Activities.--Section 212(a)(3)(B) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(3)(B)) is amended to read as 
follows:
                    ``(B) Terrorism activities.--
                            ``(i) In general.--Any alien who--
                                    ``(I) has engaged in a terrorism 
                                activity, or
                                    ``(II) a consular officer or the 
                                Attorney General knows, or has reason 
                                to believe, is likely to engage after 
                                entry in any terrorism activity (as 
                                defined in clause (iii)),
                        is excludable. An alien who is an officer, 
                        official, representative, or spokesman of any 
                        terrorist organization designated as a 
                        terrorist organization by proclamation by the 
                        President after finding such organization to be 
                        detrimental to the interest of the United 
                        States, or any person who directs, counsels, 
                        commands, or induces such organization or its 
                        members to engage in terrorism activity, shall 
                        be considered, for purposes of this Act, to be 
                        engaged in terrorism activity.
                            ``(ii) Terrorism activity defined.--As used 
                        in this Act, the term `terrorism activity' 
                        means any activity that is unlawful under the 
                        laws of the place where it is committed (or 
                        which, if it had been committed in the United 
                        States, would be unlawful under the laws of the 
                        United States or any State), and that involves 
                        any of the following:
                                    ``(I) The hijacking or sabotage of 
                                any conveyance (including an aircraft, 
                                vessel, or vehicle).
                                    ``(II) The seizing or detaining, 
                                and threatening to kill, injure, or 
                                continue to detain, another individual 
                                to compel a third person (including a 
                                governmental organization) to do or 
                                abstain from doing any act as an 
                                explicit or implicit condition for the 
                                release of the individual seized or 
                                detained.
                                    ``(III) A violent attack upon an 
                                internationally protected person (as 
                                defined in section 1116(b)(4) of title 
                                18, United States Code) or upon the 
                                liberty of such a person.
                                    ``(IV) An assassination.
                                    ``(V) The use of any--
                                            ``(aa) biological agent, 
                                        chemical agent, or nuclear 
                                        weapon or device, or
                                            ``(bb) explosive, firearm, 
                                        or other weapon (other than for 
                                        mere personal monetary gain),
                                with intent to endanger, directly, or 
                                indirectly, the safety of one or more 
                                individuals or to cause substantial 
                                damage to property.
                                    ``(VI) A threat, attempt, or 
                                conspiracy to do any of the foregoing.
                            ``(iii) Engage in terrorism activity 
                        defined.--As used in this Act, the term `engage 
                        in terrorism activity' means to commit, in an 
                        individual capacity or as a member of an 
                        organization, an act of terrorism activity, or 
                        an act that the actor knows affords material 
                        support to any individual, organization, or 
                        government that the actor knows plans to commit 
                        terrorism activity, including any of the 
                        following acts:
                                    ``(I) The preparation or planning 
                                of terrorism activity.
                                    ``(II) The gathering of information 
                                on potential targets for terrorism 
                                activity.
                                    ``(III) The providing of any type 
                                of material support, including a safe 
                                house, transportation, communications, 
                                funds, false documentation or 
                                identification, weapons, explosives, or 
                                training.
                                    ``(IV) The soliciting of funds or 
                                other things of value for terrorism 
                                activity or for any terrorist 
                                organization.
                                    ``(V) The solicitation of any 
                                individual for membership in a 
                                terrorist organization, terrorist 
                                government, or to engage in a terrorism 
                                activity.
                            ``(iv) Terrorist organization defined.--As 
                        used in this Act, the term `terrorist 
                        organization' means--
                                    ``(I) an organization engaged in, 
                                or that has a significant subgroup that 
                                engages in, terrorism activity, 
                                regardless of any legitimate activities 
                                conducted by the organization or its 
                                subgroups; and
                                    ``(II) an organization designated 
                                by the Secretary of State under section 
                                2339B of title 18.''.
    (b) Deportable Aliens.--Section 241(a)(4)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1251(a)(4)(B)) is amended to read as follows:
            ``(B) Terrorism activities.--Any alien who is engaged, or 
        at any time after entry engages in, any terrorism activity (as 
        defined in section 212(a)(3)(B)) is deportable.''.
    (c) Burden of Proof.--Section 291 of the Immigration and 
Nationality Act (8 U.S.C. 1361) is amended by inserting after ``custody 
of the Service.'' the following new sentence: ``The limited production 
authorized by this provision shall not extend to the records of any 
other agency or department of the Government or to any documents that 
do not pertain to the respondent's entry.''.
    (d) Apprehension and Deportation of Aliens.--Section 242(b) of the 
Immigration and Nationality Act (8 U.S.C. 1252(b)(3)) is amended by 
inserting immediately after paragraph (4) the following: ``For purposes 
of paragraph (3), in the case of an alien who is not lawfully admitted 
for permanent residence and notwithstanding the provisions of any other 
law, reasonable opportunity shall not include access to classified 
information, whether or not introduced in evidence against the alien, 
except that any proceeding conducted under this section which involves 
the use of classified evidence shall be conducted in accordance with 
the procedures of section 501. Section 3504 of title 18, United States 
Code, and 18 U.S.C. 3504 and the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1801 et seq.) shall not apply in such cases.''.
    (e) Criminal Alien Removal.--
            (1) Judicial review.--Section 106 of the Immigration and 
        Nationality Act (8 U.S.C. 1105a(a)(10)) is amended to read as 
        follows:
            ``(10) Any final order of deportation against an alien who 
        is deportable by reason of having committed a criminal offense 
        covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any 
        offense covered by section 241(a)(2)(A)(ii) for which both 
        predicate offenses are covered by section 241(a)(2)(A)(i), 
        shall not be subject to review by any court.''.
            (2) Final order of deportation defined.--Section 101(a) of 
        such Act (8 U.S.C. 1101(a)) is amended by adding at the end the 
        following new paragraph:
    ``(47)(A) The term `order of deportation' means the order of the 
special inquiry officer, or other such administrative officer to whom 
the Attorney General has delegated the responsibility for determining 
whether an alien is deportable, concluding that the alien is deportable 
or ordering deportation.
    ``(B) The order described under subparagraph (A) shall become final 
upon the earlier of--
            ``(i) a determination by the Board of Immigration Appeals 
        affirming such order; or
            ``(ii) the expiration of the period in which the alien is 
        permitted to seek review of such order by the Board of 
        Immigration Appeals.''.
            (3) Arrest and custody.--Section 242(a)(2) of such Act is 
        amended--
                    (A) in subparagraph (A)--
                            (i) by striking ``(2)(A) The Attorney'' and 
                        inserting ``(2) The Attorney'';
                            (ii) by striking ``an aggravated felony 
                        upon'' and all that follows through ``of the 
                        same offense)'' and inserting ``any criminal 
                        offense covered in section 241(a)(2) (A)(iii), 
                        (B), (C), or (D), or any offense covered by 
                        section 241(a)(2)(A)(ii) for which both 
                        predicate offenses are covered by section 
                        241(a)(2)(A)(i), upon release of the alien from 
                        incarceration, shall deport the alien as 
                        expeditiously as possible''; and
                            (iii) by striking ``but subject to 
                        subparagraph (B)''; and
                    (B) by striking subparagraph (B).
            (4) Classes of excludable aliens.--Section 212(c) of such 
        Act (8 U.S.C. 1182(c)) is amended--
                    (A) by striking ``The first sentence of this'' and 
                inserting ``This''; and
                    (B) by striking ``has been convicted of one or more 
                aggravated felonies'' and all that follows through the 
                end and inserting ``is deportable by reason of having 
                committed any criminal offense covered in section 
                241(a)(2) (A)(iii), (B), (C), or (D), or any offense 
                covered by section 241(a)(2)(A)(ii) for which both 
                predicate offenses are covered by section 
                241(a)(2)(A)(i).''.
            (5) Aggravated felony defined.--Section 101(a)(43) of such 
        Act is amended--
                    (A) in subparagraph (F)--
                            (i) by inserting ``, including forcible 
                        rape,'' after ``offense)''; and
                            (ii) by striking ``5 years'' and inserting 
                        ``1 year''; and
                    (B) in subparagraph (G) by striking ``5 years'' and 
                inserting ``1 year''.
            (6) Deportation of criminal aliens.--Section 242A(a) of 
        such Act (8 U.S.C. 1252a) is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``aggravated felonies (as 
                        defined in section 101(a)(43) of this title)'' 
                        and inserting ``any criminal offense covered in 
                        section 241(a)(2) (A)(iii), (B), (C), or (D), 
                        or any offense covered by section 
                        241(a)(2)(A)(ii) for which both predicate 
                        offenses are covered by section 
                        241(a)(2)(A)(i).''; and
                            (ii) by striking ``, where warranted,'';
                    (B) in paragraph (2), by striking ``aggravated 
                felony'' and all that follows through ``before any 
                scheduled hearings.'' and inserting ``any criminal 
                offense covered in section 241(a)(2) (A)(iii), (B), 
                (C), or (D), or any offense covered by section 
                241(a)(2)(A)(ii) for which both predicate offenses are 
                covered by section 241(a)(2)(A)(i).''.
            (7) Deadlines for deporting alien.--Section 242(c) of such 
        Act (8 U.S.C. 1252(c)) is amended--
                    (A) by striking ``(c) When a final order'' and 
                inserting ``(c)(1) Subject to paragraph (2), when a 
                final order''; and
                    (B) by inserting at the end the following new 
                paragraph:
    ``(2) When a final order of deportation under administrative 
process is made against any alien who is deportable by reason of having 
committed a criminal offense covered in section 241(a)(2) (A)(iii), 
(B), (C), or (D) or any offense covered by section 241(a)(2)(A)(ii) for 
which both predicate offenses are covered by section 241(a)(2)(A)(i), 
the Attorney General shall have 30 days from the date of the order 
within which to effect the alien's departure from the United States. 
The Attorney General shall have sole and unreviewable discretion to 
waive the foregoing provision for aliens who are cooperating with law 
enforcement authorities or for purposes of national security.''.
    (f) Effective Date.--The amendments made by this section shall take 
effect on the date of enactment of this Act and shall apply to cases 
pending before, on, or after such date of enactment.

SEC. 304. ACCESS TO CERTAIN CONFIDENTIAL IMMIGRATION AND NATURALIZATION 
              FILES THROUGH COURT ORDER.

    (a) Confidentiality of Information.--Section 245A(c)(5) of the 
Immigration and Nationality Act (8 U.S.C. 1255a(c)(5)) is amended--
            (1) by inserting ``(i)'' after ``except the Attorney 
        General''; and
            (2) by inserting after ``Title 13'' the following: ``and 
        (ii) may authorize an application to a Federal court of 
        competent jurisdiction for, and a judge of such court may 
        grant, an order authorizing disclosure of information contained 
        in the application of the alien to be used--
                    ``(I) for identification of the alien when there is 
                reason to believe that the alien has been killed or 
                severely incapacitated; or
                    ``(II) for criminal law enforcement purposes 
                against the alien whose application is to be 
                disclosed.''.
    (b) Applications for Adjustment of Status.--Section 210(b) of the 
Immigration and Nationality Act (8 U.S.C. 1160(b)) is amended--
            (1) in paragraph (5), by inserting ``, except as allowed by 
        a court order issued pursuant to paragraph (6) of this 
        subsection'' after ``consent of the alien''; and
            (2) in paragraph (6), by inserting the following sentence 
        before ``Anyone who uses'': ``Notwithstanding the preceding 
        sentence, the Attorney General may authorize an application to 
        a Federal court of competent jurisdiction for, and a judge of 
        such court may grant an order authorizing, disclosure of 
        information contained in the application of the alien to be 
        used for identification of the alien when there is reason to 
        believe that the alien has been killed or severely 
        incapacitated, or for criminal law enforcement purposes against 
        the alien whose application is to be disclosed or to discover 
        information leading to the location or identity of the 
        alien.''.

       TITLE IV--CONTROL OF FUNDRAISING FOR TERRORISM ACTIVITIES

SEC. 401. PROHIBITION ON TERRORIST FUNDRAISING.

    (a) In General.--Chapter 113B of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2339B. Fundraising for terrorist organizations
    ``(a) Findings and Purpose.--
            ``(1) The Congress finds that--
                    ``(A) terrorism is a serious and deadly problem 
                which threatens the interests of the United States 
                overseas and within our territory;
                    ``(B) the Nation's security interests are gravely 
                affected by the terrorist attacks carried out overseas 
                against United States Government facilities and 
                officials, and against American citizens present in 
                foreign countries;
                    ``(C) United States foreign policy and economic 
                interests are profoundly affected by terrorist acts 
                overseas directed against foreign governments and their 
                people;
                    ``(D) international cooperation is required for an 
                effective response to terrorism, as demonstrated by the 
                numerous multilateral conventions in force providing 
                universal prosecutive jurisdiction over persons 
                involved in a variety of terrorist acts, including 
                hostage taking, murder of an internationally protected 
                person, and aircraft piracy and sabotage;
                    ``(E) some foreign terrorist organizations, acting 
                through affiliated groups or individuals, raise 
                significant funds within the United States or use the 
                United States as a conduit for the receipt of funds 
                raised in other nations; and
                    ``(F) the provision of funds to organizations that 
                engage in terrorism serves to facilitate their 
                terrorist endeavors, regardless of whether the funds, 
                in whole or in part, are intended or claimed to be used 
                for nonviolent purposes.
            ``(2) The purpose of this section is to provide the Federal 
        Government the fullest possible basis, consistent with the 
        Constitution, to prevent persons within the United States or 
        subject to the jurisdiction of the United States from providing 
        funds, directly or indirectly, to foreign organizations, 
        including subordinate or affiliated persons, that engage in 
        terrorism activities.
    ``(b) Designation.--
            ``(1) The Secretary of State, after consultation with the 
        Secretary of the Treasury, is authorized to designate under 
        this section any foreign organization based on finding that--
                    ``(A) the organization engages in terrorism 
                activity as defined in section 212(a)(3)(B) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(3)(B)); and
                    ``(B) the organization's terrorism activities 
                threaten the security of United States citizens, 
                national security, foreign policy, or the economy of 
                the United States.
            ``(2) Not later than 7 days after making a designation 
        under paragraph (1), the Secretary of State shall prepare and 
        transmit to Congress a report containing a list of the 
        designated organizations and a summary of the facts underlying 
        the designation. The designation shall take effect 30 days 
        after the receipt of actual notice under subsection (b)(6), 
        unless otherwise provided by law.
            ``(3) A designation or redesignation under this subsection 
        shall be in effect for 1 year following its effective date, 
        unless revoked under paragraph (4).
            ``(4)(A) If the Secretary of State, after consultation with 
        the Secretary of the Treasury, finds that the conditions that 
        were the basis for any designation issued under this subsection 
        have changed in such a manner as to warrant revocation of such 
        designation, or that the national security, foreign relations, 
        or economic interests of the United States so warrant, the 
        Secretary of State may revoke such designation in whole or in 
        part.
            ``(B) Not later than 7 calendar days after the Secretary of 
        State finds that an organization no longer engages in, or 
        supports, terrorism activity, the Secretary of State shall 
        prepare and transmit to Congress a supplemental report stating 
        the reasons for the finding.
            ``(5) Any designation, or revocation of a designation, 
        issued under this subsection shall be published in the Federal 
        Register not later than 7 calendar days after the Secretary of 
        State makes the designation.
            ``(6) Not later than 7 calendar days after making a 
        designation under this subsection, the Secretary of State shall 
        give the organization actual notice of--
                    ``(A) the designation;
                    ``(B) the consequences of the designation for the 
                organization's ability to raise funds in the United 
                States; and
                    ``(C) the availability of judicial review.
            ``(7) Any revocation or lapsing of a designation shall not 
        affect any action or proceeding based on any conduct committed 
        prior to the effective date of such revocation or lapsing.
            ``(8) Classified information may be used in making a 
        designation under this subsection. Such information shall not 
        be disclosed to the public or to any party, but may be 
        disclosed to a court ex parte and in camera.
            ``(9) No question concerning the validity of the issuance 
        of a designation issued under this subsection may be raised by 
        a defendant in a criminal prosecution as a defense in or as an 
        objection to any trial or hearing if such designation was 
        issued and published in the Federal Register.
    ``(c) Judicial Review.--
            ``(1) Organizations designated by the Secretary of State as 
        engaging in, or supporting, terrorism activities under this 
        section may seek review of the designation in the District 
        Court for the District of Columbia not later than 30 days after 
        receipt of actual notice under subsection (b)(6).
            ``(2) In reviewing a designation under this subsection, the 
        court shall receive relevant oral or documentary evidence, 
        unless the court finds that the probative value is 
        substantially outweighed by the danger of unfair prejudice, 
        confusion of the issues, or considerations of undue delay, 
        waste of time, or needless presentation of cumulative evidence, 
        or unless its introduction or consideration is prohibited by a 
        common law privilege or by the Constitution or laws of the 
        United States. A party shall be entitled to present its case or 
        defense by oral or documentary evidence, to submit rebuttal 
        evidence, and to conduct such cross-examination as may be 
        required for a full and true disclosure of the facts.
            ``(3) The judge shall authorize the introduction in camera 
        and ex parte of any item of evidence containing classified 
        information for which the Attorney General determines that 
        public disclosure would pose a risk to the national security of 
        the United States. With respect to such evidence, the Attorney 
        General shall submit to the court either--
                    ``(A) a statement identifying relevant facts that 
                the specific evidence would tend to prove; or
                    ``(B) an unclassified summary of the specific 
                evidence prepared in accordance with paragraph (5).
            ``(4)(A)(i) The Secretary of State shall have the burden of 
        demonstrating that there are specific and articulable facts 
        giving reason to believe that the organization engages in or 
        supports terrorism activity (as that term is defined in section 
        212(a)(3)(B)).
            ``(ii) The organization shall have the burden of proving 
        that its purpose is to engage in religious, charitable, 
        literary, educational, or nonterrorism activities and that it 
        engages in such activities.
            ``(iii) The Secretary shall have the burden of proving that 
        the control group of the organization has actual knowledge that 
        the organization or its resources are being used for terrorism 
        activities.
            ``(iv) If any portion of the Secretary's evidence consists 
        of classified information that cannot be revealed to the 
        organization for national security reasons, the Secretary must 
        prove these elements by clear and convincing evidence.
            ``(B) If the court finds, under the standards stated in 
        subparagraph (A) that the control group of the organization has 
        actual knowledge that the organization or its resources are 
        being used for terrorism activities, the court shall affirm the 
        designation of the Secretary.
            ``(C)(i) If the court finds by a preponderance of the 
        evidence that the organization or its resources have been used 
        for terrorism activities without the knowledge of the control 
        group, but that the control group is now aware of these facts, 
        the court may condition revocation of the designation on the 
        control group's undertaking or completing all steps within its 
        power to prevent the organization or its resources from being 
        used for terrorism activities. Such steps may include--
                    ``(I) maintaining financial records adequate to 
                document the use of the organization's resources; and
                    ``(II) making records available to the Secretary 
                for inspection.
            ``(ii) If a designation is revoked under subsection (B)(4) 
        and the organization fails to comply with any condition 
        imposed, the designation may be reinstated by the Secretary of 
        State upon a showing that the organization failed to comply 
        with the condition.
    ``(5)(A) The information submitted under paragraph (3)(B) shall 
contain an unclassified summary of the classified information that does 
not pose a risk to national security.
    ``(B) The judge shall approve the unclassified summary if the judge 
finds that the summary is sufficient to inform the organization of the 
activities described in section 212(a)(3)(B) in which the organization 
is alleged to engage, and to permit the organization to defend against 
the designation.
    ``(C) The Attorney General shall cause to be delivered to the 
organization a copy of the unclassified summary approved under 
subparagraph (B).
    ``(6) The court shall decide the case on the basis of the evidence 
on the record as a whole, in camera or otherwise.
    ``(d) Prohibited Activities.--It shall be unlawful for any person 
within the United States, or any person subject to the jurisdiction of 
the United States anywhere, to directly or indirectly, raise, receive, 
or collect on behalf of, or furnish, give, transmit, transfer, or 
provide funds to or for an organization or person designated by the 
Secretary of State under subsection (b), or to attempt to do any of the 
foregoing.
    ``(e) Special Requirements for Financial Institutions.--
            ``(1) Except as authorized by the Secretary of State, after 
        consultation with the Secretary of the Treasury, by means of 
        directives, regulations, or licenses, any financial institution 
        that becomes aware that it has possession of or control over 
        any funds in which an organization or person designated under 
        subsection (b) has an interest, shall--
                    ``(A) retain possession of or maintain control over 
                such funds; and
                    ``(B) report to the Secretary the existence of such 
                funds in accordance with the regulations prescribed by 
                the Secretary.
            ``(2) Any financial institution that knowingly fails to 
        report to the Secretary the existence of such funds shall be 
        subject to a civil penalty of $250 per day for each day that it 
        fails to report to the Secretary--
                    ``(A) in the case of funds being possessed or 
                controlled at the time of the designation of the 
                organization or person, within 10 days after the 
                designation; and
                    ``(B) in the case of funds whose possession of or 
                control over arose after the designation of the 
                organization or person, within 10 days after the 
                financial institution obtained possession of or control 
                over the funds.
    ``(f) Investigations.--Any investigation emanating from a possible 
violation of this section shall be conducted by the Attorney General, 
except that investigations relating to--
            ``(1) a financial institution's compliance with the 
        requirements of subsection (e); and
            ``(2) civil penalty proceedings authorized pursuant to 
        subsection (g)(2),
shall be conducted in coordination with the Attorney General by the 
office within the Department of the Treasury responsible for civil 
penalty proceedings authorized by this section. Any evidence of a 
criminal violation of this section arising in the course of an 
investigation by the Secretary or any other Federal agency shall be 
referred immediately to the Attorney General for further investigation. 
The Attorney General shall timely notify the Secretary of any action 
taken on referrals from the Secretary, and may refer investigations to 
the Secretary for remedial licensing or civil penalty action.
    ``(g) Penalties.--
            ``(1) Any person who, with knowledge that the donee is a 
        designated entity, violates subsection (d) shall be fined under 
        this title, or imprisoned for up to ten years, or both.
            ``(2) Any financial institution that knowingly fails to 
        comply with subsection (e), or by regulations promulgated 
        thereunder, shall be subject to a civil penalty of $50,000 per 
        violation, or twice the amount of money of which the financial 
        institution was required to retain possession or control, 
        whichever is greater.
    ``(h) Injunction.--
            ``(1) Whenever it appears to the Secretary or the Attorney 
        General that any person is engaged in, or is about to engage 
        in, any act which constitutes, or would constitute, a violation 
        of this section, the Attorney General may initiate civil action 
        in a district court of the United States to enjoin such 
        violation.
            ``(2) A proceeding under this subsection is governed by the 
        Federal Rules of Civil Procedure, except that, if an indictment 
        has been returned against the respondent, discovery is governed 
        by the Federal Rules of Criminal Procedure.
    ``(i) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction over an offense under this section.
    ``(j) Classified Information in Civil Proceedings Brought by the 
United States.--
            ``(1) Discovery of classified information by defendants.--A 
        court, upon a sufficient showing, may authorize the United 
        States to delete specified items of classified information from 
        documents to be introduced into evidence or made available to 
        the defendant through discovery under the Federal Rules of 
        Civil Procedure, to substitute an unclassified summary of the 
        information for such classified documents, or to substitute a 
        statement admitting relevant facts that the classified 
        information would tend to prove. The court shall permit the 
        United States to make a request for such authorization in the 
        form of a written statement to be inspected by the court alone. 
        If the court enters an order granting relief following such an 
        ex parte showing, the entire text of the statement of the 
        United States shall be sealed and preserved in the records of 
        the court to be made available to the appellate court in the 
        event of an appeal. If the court enters an order denying relief 
        to the United States under this paragraph, the United States 
        may take an immediate, interlocutory appeal in accordance with 
        the provisions of paragraph (3). For purposes of such an 
        appeal, the entire text of the underlying written statement of 
        the United States, together with any transcripts of arguments 
        made ex parte to the court in connection therewith, shall be 
        maintained under seal and delivered to the appellate court.
            ``(2) Introduction of classified information; precautions 
        by court.--
                    ``(A) Exhibits.--The United States, to prevent 
                unnecessary or inadvertent disclosure of classified 
                information in a civil trial or other proceeding 
                brought by the United States under this section, may 
                petition the court ex parte to admit, in lieu of 
                classified writings, recordings or photographs, one or 
                more of the following:
                            ``(i) copies of those items from which 
                        classified information has been deleted;
                            ``(ii) stipulations admitting relevant 
                        facts that specific classified information 
                        would tend to prove; or
                            ``(iii) an unclassified summary of the 
                        specific classified information.
                The court shall grant such a motion of the United 
                States if the court finds that the redacted item, 
                stipulation, or unclassified summary will provide the 
                defendant with substantially the same ability to make 
                his defense as would disclosure of the specific 
                classified information.
                    ``(B) Taking of trial testimony.--During the 
                examination of a witness in any civil proceeding 
                brought by the United States under this section, the 
                United States may object to any question or line of 
                inquiry that may require the witness to disclose 
                classified information not previously found to be 
                admissible. Following such an objection, the court 
                shall take suitable action to determine whether the 
                response is admissible and, in doing so, shall take 
                precautions to guard against the compromise of any 
                classified information. Such action may include 
                permitting the United States to provide the court, ex 
                parte, with a proffer of the witness's response to the 
                question or line of inquiry, and requiring the 
                defendant to provide the court with a proffer of the 
                nature of the information the defendant seeks to 
                elicit.
                    ``(C) Appeal.--If the court enters an order denying 
                relief to the United States under this subsection, the 
                United States may take an immediate interlocutory 
                appeal in accordance with paragraph (3).
            ``(3) Interlocutory appeal.--
                    ``(A) An interlocutory appeal by the United States 
                shall lie to a court of appeals from a decision or 
                order of a district court--
                            ``(i) authorizing the disclosure of 
                        classified information;
                            ``(ii) imposing sanctions for nondisclosure 
                        of classified information; or
                            ``(iii) refusing a protective order sought 
                        by the United States to prevent the disclosure 
                        of classified information.
                    ``(B) An appeal taken pursuant to this paragraph 
                either before or during trial shall be expedited by the 
                court of appeals. Prior to trial, an appeal shall be 
                taken not later than 10 days after the decision or 
                order appealed from, and the trial shall not commence 
                until the appeal is resolved. If an appeal is taken 
                during trial, the trial court shall adjourn the trial 
                until the appeal is resolved. The court of appeals--
                            ``(i) shall hear argument on such appeal 
                        not later than 4 days after the adjournment of 
                        the trial;
                            ``(ii) may dispense with written briefs 
                        other than the supporting materials previously 
                        submitted to the trial court;
                            ``(iii) shall render its decision not later 
                        than 4 days after argument on appeal; and
                            ``(iv) may dispense with the issuance of a 
                        written opinion in rendering its decision.
                    ``(C) An interlocutory appeal and decision under 
                this paragraph shall not affect the right of the 
                defendant, in a subsequent appeal from a final 
                judgment, to claim as error, reversal by the trial 
                court on remand of a ruling appealed from during trial.
            ``(4) Construction.--Nothing in this subsection shall 
        prevent the United States from seeking protective orders or 
        asserting privileges ordinarily available to the United States 
        to protect against the disclosure of classified information, 
        including the invocation of the military and State secrets 
        privilege.
    ``(k) Definitions.--As used in this section--
            ``(1) the term `classified information' means any 
        information or material that has been determined by the United 
        States Government pursuant to an Executive order, statute, or 
        regulation, to require protection against unauthorized 
        disclosure for reasons of national security and any restricted 
        data, as defined in paragraph (r) of section 11 of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2014(y));
            ``(2)(A) the term `control group' means the officers or 
        agents charged with directing the affairs of the organization;
            ``(B) if a single officer or agent is authorized to conduct 
        the affairs of the organization, the knowledge of the officer 
        or agent that the organization or its resources are being used 
        for terrorism activities shall constitute knowledge of the 
        control group;
            ``(C) if a single officer or agent is a member of a group 
        empowered to conduct the affairs of the organization but cannot 
        conduct the affairs of the organization on his or her own 
        authority, that person's knowledge shall not constitute 
        knowledge by the control group unless that person's knowledge 
        is shared by a sufficient number of members of the group so 
        that the group with knowledge has the authority to conduct the 
        affairs of the organization;
            ``(3) the term `financial institution' has the meaning 
        prescribed in section 5312(a)(2) of title 31, United States 
        Code, including any regulations promulgated thereunder;
            ``(4) the term `funds' includes coin or currency of the 
        United States or any other country, traveler's checks, personal 
        checks, bank checks, money orders, stocks, bonds, debentures, 
        drafts, letters of credit, any other negotiable instrument, and 
        any electronic representation of any of the foregoing;
            ``(5) the term `national security' means the national 
        defense and foreign relations of the United States;
            ``(6) the term `person' includes an individual, 
        partnership, association, group, corporation, or other 
        organization;
            ``(7) the term `Secretary' means the Secretary of the 
        Treasury; and
            ``(8) the term `United States', when used in a geographical 
        sense, includes all commonwealths, territories, and possessions 
        of the United States.''.
    (b) Technical Amendment.--The analysis for chapter 113B of title 
18, United States Code, is amended by adding at the end the following 
new item:

``2339B. Fundraising for terrorist organizations.''.
    (c) Classified Information in Civil Proceedings.--Section 2339B(k) 
of title 18, United States Code (relating to classified information in 
civil proceedings brought by the United States), shall also be 
applicable to civil proceedings brought by the United States under the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

SEC. 402. CORRECTION TO MATERIAL SUPPORT PROVISION.

    Section 2339A of title 18, United States Code, is amended to read 
as follows:
``Sec. 2339A. Providing material support to terrorists
    ``(a) Definition.--In this section, `material support or resources' 
means currency or other financial securities, financial services, 
lodging, training, safehouses, false documentation or identification, 
communications equipment, facilities, weapons, lethal substances, 
explosives, personnel, transportation, and other physical assets, but 
does not include humanitarian assistance to persons not directly 
involved in such violations.
    ``(b) Offense.--A person who, within the United States, provides 
material support or resources or conceals or disguises the nature, 
location, source, or ownership of material support or resources, 
knowing or intending that they are to be used in preparation for, or in 
carrying out, a violation of section 32, 37, 351, 844(f) or (i), 956, 
1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, or 2332a of this 
title or section 46502 of title 49, or in preparation for or carrying 
out the concealment or an escape from the commission of any such 
violation, shall be fined under this title, imprisoned not more than 10 
years, or both.''.

        TITLE V--ASSISTANCE TO FEDERAL LAW ENFORCEMENT AGENCIES

                  Subtitle A--Antiterrorism Assistance

SEC. 501. DISCLOSURE OF CERTAIN CONSUMER REPORTS TO THE FEDERAL BUREAU 
              OF INVESTIGATION FOR FOREIGN COUNTERINTELLIGENCE 
              INVESTIGATIONS.

    (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et 
seq.) is amended by adding after section 623 the following new section:

``SEC. 624. DISCLOSURES TO THE FEDERAL BUREAU OF INVESTIGATION FOR 
              FOREIGN COUNTERINTELLIGENCE PURPOSES.

    ``(a) Identity of Financial Institutions.--(1) Notwithstanding 
section 604 or any other provision of this title, a court or magistrate 
judge may issue an order ex parte directing a consumer reporting agency 
to furnish to the Federal Bureau of Investigation the names and 
addresses of all financial institutions (as that term is defined in 
section 1101 of the Right to Financial Privacy Act of 1978) at which a 
consumer maintains or has maintained an account, to the extent that 
information is in the files of the agency. The court or magistrate 
judge shall issue the order if the Director of the Federal Bureau of 
Investigation, or the Director's designee, certifies in writing to the 
court or magistrate judge that--
            ``(A) such information is necessary for the conduct of an 
        authorized foreign counterintelligence investigation; and
            ``(B) there are specific and articulable facts giving 
        reason to believe that the consumer--
                    ``(i) is a foreign power (as defined in section 101 
                of the Foreign Intelligence Surveillance Act of 1978) 
                or a person who is not a United States person (as 
                defined in such section 101) and is an official of a 
                foreign power; or
                    ``(ii) is an agent of a foreign power and is 
                engaging or has engaged in international terrorism (as 
                that term is defined in section 101(c) of the Foreign 
                Intelligence Surveillance Act of 1978) or clandestine 
                intelligence activities that involve or may involve a 
                violation of criminal statutes of the United States.
    ``(2) An order issued under this subsection shall not disclose that 
it is issued for purposes of a counterintelligence investigation.
    ``(b) Identifying Information.--(1) Notwithstanding section 604 or 
any other provision of this title, a court or magistrate judge shall 
issue an order ex parte directing a consumer reporting agency to 
furnish identifying information respecting a consumer, limited to name, 
address, former addresses, places of employment, or former places of 
employment, to the Federal Bureau of Investigation. The court or 
magistrate judge shall issue the order if the Director or the 
Director's designee, certifies in writing that--
            ``(A) such information is necessary to the conduct of an 
        authorized foreign counterintelligence investigation; and
            ``(B) there is information giving reason to believe that 
        the consumer has been, or is about to be, in contact with a 
        foreign power or an agent of a foreign power (as defined in 
        section 101 of the Foreign Intelligence Surveillance Act of 
        1978).
    ``(2) An order issued under this subsection shall not disclose that 
it is issued for purposes of a counterintelligence investigation.
    ``(c) Court Order for Disclosure of Consumer Reports.--(1) 
Notwithstanding section 604 or any other provision of this title, if 
requested in writing by the Director of the Federal Bureau of 
Investigation, or an authorized designee of the Director, a court may 
issue an order ex parte directing a consumer reporting agency to 
furnish a consumer report to the Federal Bureau of Investigation, upon 
a showing in camera that--
            ``(A) the consumer report is necessary for the conduct of 
        an authorized foreign counterintelligence investigation; and
            ``(B) there are specific and articulable facts giving 
        reason to believe that the consumer whose consumer report is 
        sought--
                    ``(i) is an agent of a foreign power; and
                    ``(ii) is engaging or has engaged in international 
                terrorism (as that term is defined in section 101(c) of 
                the Foreign Intelligence Surveillance Act of 1978) or 
                clandestine intelligence activities that involve or may 
                involve a violation of criminal statutes of the United 
                States.
    ``(2) An order issued under this subsection shall not disclose that 
it is issued for purposes of a counterintelligence investigation.
    ``(d) Confidentiality.--(1) No consumer reporting agency or 
officer, employee, or agent of a consumer reporting agency shall 
disclose to any person, other than officers, employees, or agents of a 
consumer reporting agency necessary to fulfill the requirement to 
disclose information to the Federal Bureau of Investigation under this 
section, that the Federal Bureau of Investigation has sought or 
obtained the identity of financial institutions or a consumer report 
respecting any consumer under subsection (a), (b), or (c).
    ``(2) No consumer reporting agency or officer, employee, or agent 
of a consumer reporting agency shall include in any consumer report any 
information that would indicate that the Federal Bureau of 
Investigation has sought or obtained such information or a consumer 
report.
    ``(e) Payment of Fees.--The Federal Bureau of Investigation is 
authorized, subject to the availability of appropriations, pay to the 
consumer reporting agency assembling or providing reports or 
information in accordance with procedures established under this 
section, a fee for reimbursement for such costs as are reasonably 
necessary and which have been directly incurred in searching, 
reproducing, or transporting books, papers, records, or other data 
required or requested to be produced under this section.
    ``(f) Limit on Dissemination.--The Federal Bureau of Investigation 
may not disseminate information obtained pursuant to this section 
outside of the Federal Bureau of Investigation, except--
            ``(1) to the Department of Justice, as may be necessary for 
        the approval or conduct of a foreign counterintelligence 
        investigation; or
            ``(2) where the information concerns a person subject to 
        the Uniform Code of Military Justice, to appropriate 
        investigative authorities within the military department 
        concerned as may be necessary for the conduct of a joint 
        foreign counterintelligence investigation.
    ``(g) Rules of Construction.--Nothing in this section shall be 
construed to prohibit information from being furnished by the Federal 
Bureau of Investigation pursuant to a subpoena or court order, or in 
connection with a judicial or administrative proceeding to enforce the 
provisions of this Act. Nothing in this section shall be construed to 
authorize or permit the withholding of information from the Congress.
    ``(h) Reports to Congress.--On an annual basis, the Attorney 
General shall fully inform the Permanent Select Committee on 
Intelligence and the Committee on Banking and Financial Services of the 
House of Representatives, and the Select Committee on Intelligence and 
the Committee on Banking, Housing, and Urban Affairs of the Senate 
concerning all requests made pursuant to subsections (a), (b), and (c).
    ``(i) Damages.--Any agency or department of the United States 
obtaining or disclosing any consumer reports, records, or information 
contained therein in violation of this section is liable to the 
consumer to whom such consumer reports, records, or information relate 
in an amount equal to the sum of--
            ``(1) $100, without regard to the volume of consumer 
        reports, records, or information involved;
            ``(2) any actual damages sustained by the consumer as a 
        result of the disclosure;
            ``(3) if the violation is found to have been willful or 
        intentional, such punitive damages as a court may allow; and
            ``(4) in the case of any successful action to enforce 
        liability under this subsection, the costs of the action, 
        together with reasonable attorney fees, as determined by the 
        court.
    ``(j) Disciplinary Actions for Violations.--If a court determines 
that any agency or department of the United States has violated any 
provision of this section and the court finds that the circumstances 
surrounding the violation raise questions of whether or not an officer 
or employee of the agency or department acted willfully or 
intentionally with respect to the violation, the agency or department 
shall promptly initiate a proceeding to determine whether or not 
disciplinary action is warranted against the officer or employee who 
was responsible for the violation.
    ``(k) Good-Faith Exception.--Notwithstanding any other provision of 
this title, any consumer reporting agency or agent or employee thereof 
making disclosure of consumer reports or identifying information 
pursuant to this subsection in good-faith reliance upon a certification 
of the Federal Bureau of Investigation pursuant to provisions of this 
section shall not be liable to any person for such disclosure under 
this title, the constitution of any State, or any law or regulation of 
any State or any political subdivision of any State notwithstanding.
    ``(l) Injunctive Relief.--In addition to any other remedy contained 
in this section, injunctive relief shall be available to require 
compliance with the procedures of this section. In the event of any 
successful action under this subsection, costs together with reasonable 
attorney fees, as determined by the court, may be recovered.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
the Fair Credit Reporting Act (15 U.S.C. 1681a et seq.) is amended by 
adding after the item relating to section 623 the following new item:

``624. Disclosures to the Federal Bureau of Investigation for foreign 
                            counterintelligence purposes.''.
SEC. 502. ACCESS TO RECORDS OF COMMON CARRIERS, PUBLIC ACCOMMODATION 
              FACILITIES, PHYSICAL STORAGE FACILITIES, AND VEHICLE 
              RENTAL FACILITIES IN FOREIGN COUNTERINTELLIGENCE AND 
              COUNTERTERRORISM CASES.

    Title 18, United States Code, is amended by inserting after chapter 
121 the following new chapter:

                ``CHAPTER 122--ACCESS TO CERTAIN RECORDS

``Sec. 2720. Access to records of common carriers, public accommodation 
              facilities, physical storage facilities, and vehicle 
              rental facilities in counterintelligence and 
              counterterrorism cases
    ``(a)(1) A court or magistrate judge may issue an order ex parte 
directing any common carrier, public accommodation facility, physical 
storage facility, or vehicle rental facility to furnish any records in 
its possession to the Federal Bureau of Investigation. The court or 
magistrate judge shall issue the order if the Director of the Federal 
Bureau of Investigation or the Director's designee (whose rank shall be 
no lower than Assistant Special Agent in Charge) certifies in writing 
that--
            ``(A) such records are sought for foreign 
        counterintelligence purposes; and
            ``(B) there are specific and articulable facts giving 
        reason to believe that the person to whom the records pertain 
        is a foreign power or an agent of a foreign power as defined in 
        section 101 of the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 801).
    ``(2) An order issued under this subsection shall not disclose that 
it is issued for purposes of a counterintelligence investigation.
    ``(b) No common carrier, public accommodation facility, physical 
storage facility, or vehicle rental facility, or any officer, employee, 
or agent of such common carrier, public accommodation facility, 
physical storage facility, or vehicle rental facility, shall disclose 
to any person, other than those officers, agents, or employees of the 
common carrier, public accommodation facility, physical storage 
facility, or vehicle rental facility necessary to fulfill the 
requirement to disclose the information to the Federal Bureau of 
Investigation under this section.
    ``(c) As used in this chapter--
            ``(1) the term `common carrier' means a locomotive, rail 
        carrier, bus carrying passengers, water common carrier, air 
        common carrier, or private commercial interstate carrier for 
        the delivery of packages and other objects;
            ``(2) the term `public accommodation facility' means any 
        inn, hotel, motel, or other establishment that provides lodging 
        to transient guests;
            ``(3) the term `physical storage facility' means any 
        business or entity that provides space for the storage of goods 
        or materials, or services related to the storage of goods or 
        materials, to the public or any segment thereof; and
            ``(4) the term `vehicle rental facility' means any person 
        or entity that provides vehicles for rent, lease, loan, or 
        other similar use, to the public or any segment thereof.''.

SEC. 503. INCREASE IN MAXIMUM REWARDS FOR INFORMATION CONCERNING 
              INTERNATIONAL TERRORISM.

    (a) Terrorism Abroad.--Section 36 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2708) is amended--
            (1) in subsection (c), by striking ``$2,000,000'' and 
        inserting ``$10,000,000''; and
            (2) in subsection (g), by striking ``$5,000,000'' and 
        inserting ``$10,000,000.
    (b) Domestic Terrorism.--Title 18, United States Code, is amended--
            (1) in section 3072, by striking ``$500,000'' and inserting 
        ``$10,000,000''; and
            (2) in section 3075, by striking ``$5,000,000'' and 
        inserting ``$10,000,000''.
    (c) General Reward Authority of the Attorney General.--
            (1) In general.--Chapter 203 of title 18, United States 
        Code, is amended by adding immediately after section 3059A the 
        following section:
``Sec. 3059B. General reward authority
    ``(a) Notwithstanding any other provision of law, the Attorney 
General may pay rewards and receive from any department or agency funds 
for the payment of rewards under this section to any individual who 
assists the Department of Justice in performing its functions.
    ``(b) Not later than 30 days after authorizing a reward under this 
section that exceeds $100,000, the Attorney General shall give notice 
to the respective chairmen of the Committees on Appropriations and the 
Committees on the Judiciary of the Senate and the House of 
Representatives.
    ``(c) A determination made by the Attorney General to authorize an 
award under this section and the amount of any reward authorized shall 
be final and conclusive, and not subject to judicial review.''.

        Subtitle B--Intelligence and Investigation Enhancements

SEC. 511. STUDY AND REPORT ON ELECTRONIC SURVEILLANCE.

    (a) Study.--The Attorney General and the Director of the Federal 
Bureau of Investigation shall study all applicable laws and guidelines 
relating to electronic surveillance and the use of pen registers and 
other trap and trace devices.
    (b) Report.--Not later than 90 days after the date of enactment of 
this Act, the Attorney General shall submit a report to the Congress 
that includes--
            (1) the findings of the study conducted pursuant to 
        subsection (a);
            (2) recommendations for the use of electronic devices in 
        conducting surveillance of terrorist or other criminal 
        organizations, and for any modifications in the law necessary 
        to enable the Federal Government to fulfill its law enforcement 
        responsibilities within appropriate constitutional parameters; 
        and
            (3) a summary of efforts to use current wiretap authority, 
        including detailed examples of situations in which expanded 
        authority would have enabled law enforcement authorities to 
        fulfill their responsibilities.

SEC. 512. AUTHORIZATION FOR INTERCEPTIONS OF COMMUNICATIONS IN CERTAIN 
              TERRORISM RELATED OFFENSES.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) in paragraph (c)--
                    (A) by inserting before ``or section 1992 (relating 
                to wrecking trains)'' the following: ``section 2332 
                (relating to terrorist acts abroad), section 2332a 
                (relating to weapons of mass destruction, section 2332b 
                (relating to acts of terrorism transcending national 
                boundaries), section 2339A (relating to providing 
                material support to terrorists), section 37 (relating 
                to violence at international airports),''; and
                    (B) by inserting after ``section 175 (relating to 
                biological weapons),'' the following: ``or a felony 
                violation under section 1028 (relating to production of 
                false identification documentation), sections 1541, 
                1542, 1543, 1544, and 1546 (relating to passport and 
                visa offenses),'';
            (2) by striking ``and'' at the end of paragraph (o), as so 
        redesignated by section 512(a)(2);
            (3) by redesignating paragraph (p), as so redesignated by 
        section 512(a)(2), as paragraph (s); and
            (4) by inserting after paragraph (o), as so redesignated by 
        section 512(a)(2), the following new subparagraphs:
    ``(p) any violation of section 956 or section 960 of title 18, 
United States Code (relating to certain actions against foreign 
nations);
    ``(q) any violation of section 46502 of title 49, United States 
Code; and''.

SEC. 513. REQUIREMENT TO PRESERVE EVIDENCE.

    Section 2703 of title 18, United States Code, is amended by adding 
at the end the following new subsection:
    ``(f) Requirement To Preserve Evidence.--A provider of wire or 
electronic communication services or a remote computing service, upon 
the request of a governmental entity, shall take all necessary steps to 
preserve records and other evidence in its possession pending the 
issuance of a court order or other process. Such records shall be 
retained for a period of 90 days, which period shall be extended for an 
additional 90-day period upon a renewed request by the governmental 
entity.''.

           Subtitle C--Additional Funding for Law Enforcement

SEC. 521. FEDERAL BUREAU OF INVESTIGATION ASSISTANCE TO COMBAT 
              TERRORISM.

    (a) In General.--With funds made available pursuant to subsection 
(b), the Attorney General shall--
            (1) develop digital telephony technology;
            (2) support and enhance the technical support center and 
        tactical operations;
            (3) create a Federal Bureau of Investigation 
        counterterrorism and counterintelligence fund for costs 
        associated with terrorism cases;
            (4) expand and improve the instructional, operational 
        support, and construction of the Federal Bureau of 
        Investigation academy;
            (5) construct an FBI laboratory, provide laboratory 
        examination support, and provide for a Command Center;
            (6) make funds available to the chief executive officer of 
        each State to carry out the activities described in subsection 
        (d); and
            (7) enhance personnel to support counterterrorism 
        activities.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated for the activities of the Federal Bureau of Investigation, 
to help meet the increased demands for activities to combat terrorism--
            (1) $300,000,000 for fiscal year 1996;
            (2) $225,000,000 for fiscal year 1997;
            (3) $328,000,000 for fiscal year 1998;
            (4) $190,000,000 for fiscal year 1999; and
            (5) $183,000,000 for fiscal year 2000.
    (c) Availability of Funds.--
            (1) In general.--Funds made available pursuant to 
        subsection (b), in any fiscal year, shall remain available 
        until expended.
    (d) State Grants.--
            (1) In general.--Any funds made available for purposes of 
        subsection (a)(6) may be expended--
                    (A) by the Director of the Federal Bureau of 
                Investigation to expand the combined DNA Identification 
                System (CODIS) to include Federal crimes and crimes 
                committed in the District of Columbia; and
                    (B) by the Attorney General, in consultation with 
                the Director of the Federal Bureau of Investigation to 
                make funds available to the chief executive officer of 
                each State to carry out the activities described in 
                paragraph (2).
            (2) Grant program.--
                    (A) Use of funds.--The executive officer of each 
                State shall use any funds made available under 
                paragraph (1)(B) in conjunction with units of local 
                government, other States, or combinations thereof, to 
                carry out all or part of a program to establish, 
                develop, update, or upgrade--
                            (i) computerized identification systems 
                        that are compatible and integrated with the 
                        databases of the National Crime Information 
                        Center of the Federal Bureau of Investigation;
                            (ii) ballistics identification programs 
                        that are compatible and integrated with the 
                        Drugfire Program of the Federal Bureau of 
                        Investigation;
                            (iii) the capability to analyze 
                        deoxyribonucleic acid (DNA) in a forensic 
                        laboratory in ways that are compatible and 
                        integrated with the combined DNA Identification 
                        System (CODIS) of the Federal Bureau of 
                        Investigation; and
                            (iv) automated fingerprint identification 
                        systems that are compatible and integrated with 
                        the Integrated Automated Fingerprint 
                        Identification System (IAFIS) of the Federal 
                        Bureau of Investigation.
                    (B) Eligibility.--To be eligible to receive funds 
                under this paragraph, a State shall require that each 
                person convicted of a felony of a sexual nature shall 
                provide to appropriate State law enforcement officials, 
                as designated by the chief executive officer of the 
                State, a sample of blood, saliva, or other specimen 
                necessary to conduct a DNA analysis consistent with the 
                standards established for DNA testing by the Director 
                of the Federal Bureau of Investigation.
                    (C) Interstate compacts.--A State may enter into a 
                compact or compacts with another State or States to 
                carry out this subsection.
                    (D) Allocation.--(i) Of the total amount 
                appropriated pursuant to this section in a fiscal 
                year--
                            (I) $500,000 or 0.25 percent, whichever is 
                        greater, shall be allocated to each of the 
                        participating States; and
                            (II) of the total funds remaining after the 
                        allocation under subclause (I), there shall be 
                        allocated to each State an amount which bears 
                        the same ratio to the amount of remaining funds 
                        described in this subparagraph as the 
                        population of such State bears to the 
                        population of all States.
                    (ii) Definition.--For purposes of this 
                subparagraph, the term ``State'' means any State of the 
                United States, the District of Columbia, the 
                Commonwealth of Puerto Rico, the Virgin Islands, 
                American Samoa, Guam, and the Northern Mariana Islands, 
                except that for purposes of the allocation under this 
                subparagraph, American Samoa and the Commonwealth of 
                the Northern Mariana Islands shall be considered as one 
                State and that for these purposes, 67 percent of the 
                amounts allocated shall be allocated to American Samoa, 
                and 33 percent to the Commonwealth of the Northern 
                Mariana Islands.

SEC. 522. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE UNITED 
              STATES CUSTOMS SERVICE.

    (a) In General.--There are authorized to be appropriated for the 
activities of the United States Customs Service, to help meet the 
increased needs of the United States Customs Service--
            (1) $6,000,000 for fiscal year 1996;
            (2) $6,000,000 for fiscal year 1997;
            (3) $6,000,000 for fiscal year 1998;
            (4) $5,000,000 for fiscal year 1999; and
            (5) $5,000,000 for fiscal year 2000.
    (b) Availability of Funds.--Funds made available pursuant to 
subsection (a), in any fiscal year, shall remain available until 
expended.

SEC. 523. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE 
              IMMIGRATION AND NATURALIZATION SERVICE.

    (a) In General.--There are authorized to be appropriated for the 
activities of the Immigration and Naturalization Service, to help meet 
the increased needs of the Immigration and Naturalization Service 
$5,000,000 for each of the fiscal years 1996, 1997, 1998, 1999, and 
2000.
    (b) Availability of Funds.--Funds made available pursuant to 
subsection (a), in any fiscal year, shall remain available until 
expended.

SEC. 524. DRUG ENFORCEMENT ADMINISTRATION.

    (a) Activities of Drug Enforcement Administration.--With funds made 
available pursuant to subsection (b), the Attorney General shall--
            (1) fund antiviolence crime initiatives;
            (2) fund major violators' initiatives; and
            (3) enhance or replace infrastructure.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Drug Enforcement Administration, to help meet the 
increased needs of the Drug Enforcement Administration--
            (1) $60,000,000 for fiscal year 1996;
            (2) $70,000,000 for fiscal year 1997;
            (3) $80,000,000 for fiscal year 1998;
            (4) $90,000,000 for fiscal year 1999; and
            (5) $100,000,000 for fiscal year 2000.
    (c) Availability of Funds.--Funds made available pursuant to this 
section, in any fiscal year, shall remain available until expended.

SEC. 525. DEPARTMENT OF JUSTICE.

    (a) In General.--Subject to the availability of appropriations, the 
Attorney General shall--
            (1) hire additional Assistant United States Attorneys, and
            (2) provide for increased security at courthouses and other 
        facilities housing Federal workers.
    (b) Authorization of Additional Appropriations.--There are 
authorized to be appropriated for the activities of the Department of 
Justice, to hire additional Assistant United States Attorneys and 
personnel for the Criminal Division of the Department of Justice and 
provide increased security to meet the needs resulting from this Act 
$20,000,000 for each of the fiscal years 1996, 1997, 1998, 1999, and 
2000.
    (c) Availability of Funds.--Funds made available pursuant to this 
section, in any fiscal year, shall remain available until expended.

SEC. 526. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE DEPARTMENT 
              OF THE TREASURY.

    (a) In General.--There are authorized to be appropriated for the 
activities of the Bureau of Alcohol, Tobacco and Firearms, to augment 
counterterrorism efforts--
            (1) $20,000,000 for fiscal year 1996;
            (2) $20,000,000 for fiscal year 1997;
            (3) $20,000,000 for fiscal year 1998;
            (4) $20,000,000 for fiscal year 1999; and
            (5) $20,000,000 for fiscal year 2000.
    (b) In General.--There are authorized to be appropriated for the 
activities of the United States Secret Service, to augment White House 
security and expand Presidential protection activities--
            (1) $62,000,000 for fiscal year 1996;
            (2) $25,000,000 for fiscal year 1997;
            (3) $25,000,000 for fiscal year 1998;
            (4) $25,000,000 for fiscal year 1999; and
            (5) $25,000,000 for fiscal year 2000.

SEC. 527. FUNDING SOURCE.

    Notwithstanding any other provision of law, funding for 
authorizations provided in this subtitle may be paid for out of the 
Violent Crime Reduction Trust Fund.

SEC. 528. DETERRENT AGAINST TERRORIST ACTIVITY DAMAGING A FEDERAL 
              INTEREST COMPUTER.

    The United States Sentencing Commission shall review existing 
guideline levels as they apply to sections 1030(a)(4) and 1030(a)(5) of 
title 18, United States Code, and report to Congress on their findings 
as to their deterrent effect within 60 calendar days. Furthermore, the 
Commission shall promulgate guideline amendments that will ensure that 
individuals convicted under sections 1030(a)(4) and 1030(a)(5) of title 
18, United States Code, are incarcerated for not less than 6 months.

               TITLE VI--CRIMINAL PROCEDURAL IMPROVEMENTS

                    Subtitle A--Habeas Corpus Reform

SEC. 601. FILING DEADLINES.

    Section 2244 of title 28, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d)(1) A 1-year period of limitation shall apply to an 
application for a writ of habeas corpus by a person in custody pursuant 
to the judgment of a State court. The limitation period shall run from 
the latest of--
            ``(A) the date on which the judgment became final by the 
        conclusion of direct review or the expiration of the time for 
        seeking such review;
            ``(B) the date on which the impediment to filing an 
        application created by State action in violation of the 
        Constitution or laws of the United States is removed, if the 
        applicant was prevented from filing by such State action;
            ``(C) the date on which the constitutional right asserted 
        was initially recognized by the Supreme Court, if the right has 
        been newly recognized by the Supreme Court and made 
        retroactively applicable to cases on collateral review; or
            ``(D) the date on which the factual predicate of the claim 
        or claims presented could have been discovered through the 
        exercise of due diligence.
    ``(2) The time during which a properly filed application for State 
post-conviction or other collateral review with respect to the 
pertinent judgment or claim shall not be counted toward any period of 
limitation under this subsection.''.

SEC. 602. APPEAL.

    Section 2253 of title 28, United States Code, is amended to read as 
follows:
``Sec. 2253. Appeal
    ``(a) In a habeas corpus proceeding or a proceeding under section 
2255 before a district judge, the final order shall be subject to 
review, on appeal, by the court of appeals for the circuit in which the 
proceeding is held.
    ``(b) There shall be no right of appeal from a final order in a 
proceeding to test the validity of a warrant to remove to another 
district or place for commitment or trial a person charged with a 
criminal offense against the United States, or to test the validity of 
such person's detention pending removal proceedings.
    ``(c)(1) Unless a circuit justice or judge issues a certificate of 
appealability, an appeal may not be taken to the court of appeals 
from--
            ``(A) the final order in a habeas corpus proceeding in 
        which the detention complained of arises out of process issued 
        by a State court; or
            ``(B) the final order in a proceeding under section 2255.
    ``(2) A certificate of appealability may issue under paragraph (1) 
only if the applicant has made a substantial showing of the denial of a 
constitutional right.
    ``(3) The certificate of appealability under paragraph (1) shall 
indicate which specific issue or issues satisfy the showing required by 
paragraph (2).''.

SEC. 603. AMENDMENT OF FEDERAL RULES OF APPELLATE PROCEDURE.

    Rule 22 of the Federal Rules of Appellate Procedure is amended to 
read as follows:
``Rule 22. Habeas corpus and section 2255 proceedings
    ``(a) Application for the Original Writ.--An application for a writ 
of habeas corpus shall be made to the appropriate district court. If 
application is made to a circuit judge, the application shall be 
transferred to the appropriate district court. If an application is 
made to or transferred to the district court and denied, renewal of the 
application before a circuit judge shall not be permitted. The 
applicant may, pursuant to section 2253 of title 28, United States 
Code, appeal to the appropriate court of appeals from the order of the 
district court denying the writ.
    ``(b) Certificate of Appealability.--In a habeas corpus proceeding 
in which the detention complained of arises out of process issued by a 
State court, an appeal by the applicant for the writ may not proceed 
unless a district or a circuit judge issues a certificate of 
appealability pursuant to section 2253(c) of title 28, United States 
Code. If an appeal is taken by the applicant, the district judge who 
rendered the judgment shall either issue a certificate of appealability 
or state the reasons why such a certificate should not issue. The 
certificate or the statement shall be forwarded to the court of appeals 
with the notice of appeal and the file of the proceedings in the 
district court. If the district judge has denied the certificate, the 
applicant for the writ may then request issuance of the certificate by 
a circuit judge. If such a request is addressed to the court of 
appeals, it shall be deemed addressed to the judges thereof and shall 
be considered by a circuit judge or judges as the court deems 
appropriate. If no express request for a certificate is filed, the 
notice of appeal shall be deemed to constitute a request addressed to 
the judges of the court of appeals. If an appeal is taken by a State or 
its representative, a certificate of appealability is not required.''.

SEC. 604. SECTION 2254 AMENDMENTS.

    Section 2254 of title 28, United States Code, is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b)(1) An application for a writ of habeas corpus on behalf of a 
person in custody pursuant to the judgment of a State court shall not 
be granted unless it appears that--
            ``(A) the applicant has exhausted the remedies available in 
        the courts of the State; or
            ``(B)(i) there is an absence of available State corrective 
        process; or
            ``(ii) circumstances exist that render such process 
        ineffective to protect the rights of the applicant.
    ``(2) An application for a writ of habeas corpus may be denied on 
the merits, notwithstanding the failure of the applicant to exhaust the 
remedies available in the courts of the State.
    ``(3) A State shall not be deemed to have waived the exhaustion 
requirement or be estopped from reliance upon the requirement unless 
the State, through counsel, expressly waives the requirement.'';
            (2) by redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively;
            (3) by inserting after subsection (c) the following new 
        subsection:
    ``(d) An application for a writ of habeas corpus on behalf of a 
person in custody pursuant to the judgment of a State court shall not 
be granted with respect to any claim that was adjudicated on the merits 
in State court proceedings unless the adjudication of the claim--
            ``(1) resulted in a decision that was contrary to, or 
        involved an unreasonable application of, clearly established 
        Federal law, as determined by the Supreme Court of the United 
        States; or
            ``(2) resulted in a decision that was based on an 
        unreasonable determination of the facts in light of the 
        evidence presented in the State court proceeding.'';
            (4) by amending subsection (e), as redesignated by 
        paragraph (2), to read as follows:
    ``(e)(1) In a proceeding instituted by an application for a writ of 
habeas corpus by a person in custody pursuant to the judgment of a 
State court, a determination of a factual issue made by a State court 
shall be presumed to be correct. The applicant shall have the burden of 
rebutting the presumption of correctness by clear and convincing 
evidence.
    ``(2) If the applicant has failed to develop the factual basis of a 
claim in State court proceedings, the court shall not hold an 
evidentiary hearing on the claim unless the applicant shows that--
            ``(A) the claim relies on--
                    ``(i) a new rule of constitutional law, made 
                retroactive to cases on collateral review by the 
                Supreme Court, that was previously unavailable; or
                    ``(ii) a factual predicate that could not have been 
                previously discovered through the exercise of due 
                diligence; and
            ``(B) the facts underlying the claim would be sufficient to 
        establish by clear and convincing evidence that but for 
        constitutional error, no reasonable factfinder would have found 
        the applicant guilty of the underlying offense.''; and
            (5) by adding at the end the following new subsections:
    ``(h) Except as provided in title 21, United States Code, section 
848, in all proceedings brought under this section, and any subsequent 
proceedings on review, the court may appoint counsel for an applicant 
who is or becomes financially unable to afford counsel, except as 
provided by a rule promulgated by the Supreme Court pursuant to 
statutory authority. Appointment of counsel under this section shall be 
governed by section 3006A of title 18.
    ``(i) The ineffectiveness or incompetence of counsel during Federal 
or State collateral post-conviction proceedings shall not be a ground 
for relief in a proceeding arising under section 2254.''.

SEC. 605. SECTION 2255 AMENDMENTS.

    Section 2255 of title 28, United States Code, is amended--
            (1) by striking the second and fifth undesignated 
        paragraphs; and
            (2) by adding at the end the following new undesignated 
        paragraphs:
    ``A 1-year period of limitation shall apply to a motion under this 
section. The limitation period shall run from the latest of--
            ``(1) the date on which the judgment of conviction becomes 
        final;
            ``(2) the date on which the impediment to making a motion 
        created by governmental action in violation of the Constitution 
        or laws of the United States is removed, if the movant was 
        prevented from making a motion by such governmental action;
            ``(3) the date on which the right asserted was initially 
        recognized by the Supreme Court, if that right has been newly 
        recognized by the Supreme Court and made retroactively 
        applicable to cases on collateral review; or
            ``(4) the date on which the facts supporting the claim or 
        claims presented could have been discovered through the 
        exercise of due diligence.
    ``Except as provided in title 21, United States Code, section 848, 
in all proceedings brought under this section, and any subsequent 
proceedings on review, the court may appoint counsel for a movant who 
is or becomes financially unable to afford counsel shall be in the 
discretion of the court, except as provided by a rule promulgated by 
the Supreme Court pursuant to statutory authority. Appointment of 
counsel under this section shall be governed by section 3006A of title 
18.
    ``A second or successive motion must be certified as provided in 
section 2244 by a panel of the appropriate court of appeals to 
contain--
            ``(1) newly discovered evidence that, if proven and viewed 
        in light of the evidence as a whole, would be sufficient to 
        establish by clear and convincing evidence that no reasonable 
        factfinder would have found the movant guilty of the offense; 
        or
            ``(2) a new rule of constitutional law, made retroactive to 
        cases on collateral review by the Supreme Court, that was 
        previously unavailable.''.

SEC. 606. LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS.

    (a) Conforming Amendment to Section 2244(a).--Section 2244(a) of 
title 28, United States Code, is amended by striking ``and the 
petition'' and all that follows through ``by such inquiry.'' and 
inserting ``, except as provided in section 2255.''.
    (b) Limits on Second or Successive Applications.--Section 2244(b) 
of title 28, United States Code, is amended to read as follows:
    ``(b)(1) A claim presented in a second or successive habeas corpus 
application under section 2254 that was presented in a prior 
application shall be dismissed.
    ``(2) A claim presented in a second or successive habeas corpus 
application under section 2254 that was not presented in a prior 
application shall be dismissed unless--
            ``(A) the applicant shows that the claim relies on a new 
        rule of constitutional law, made retroactive to cases on 
        collateral review by the Supreme Court, that was previously 
        unavailable; or
            ``(B)(i) the factual predicate for the claim could not have 
        been discovered previously through the exercise of due 
        diligence; and
            ``(ii) the facts underlying the claim, if proven and viewed 
        in light of the evidence as a whole, would be sufficient to 
        establish by clear and convincing evidence that, but for 
        constitutional error, no reasonable factfinder would have found 
        the applicant guilty of the underlying offense.
    ``(3)(A) Before a second or successive application permitted by 
this section is filed in the district court, the applicant shall move 
in the appropriate court of appeals for an order authorizing the 
district court to consider the application.
    ``(B) A motion in the court of appeals for an order authorizing the 
district court to consider a second or successive application shall be 
determined by a three-judge panel of the court of appeals.
    ``(C) The court of appeals may authorize the filing of a second or 
successive application only if it determines that the application makes 
a prima facie showing that the application satisfies the requirements 
of this subsection.
    ``(D) The court of appeals shall grant or deny the authorization to 
file a second or successive application not later than 30 days after 
the filing of the motion.
    ``(E) The grant or denial of an authorization by a court of appeals 
to file a second or successive application shall not be appealable and 
shall not be the subject of a petition for rehearing or for a writ of 
certiorari.
    ``(4) A district court shall dismiss any claim presented in a 
second or successive application that the court of appeals has 
authorized to be filed unless the applicant shows that the claim 
satisfies the requirements of this section.''.

SEC. 607. DEATH PENALTY LITIGATION PROCEDURES.

    (a) Addition of Chapter to Title 28, United States Code.--Title 28, 
United States Code, is amended by inserting after chapter 153 the 
following new chapter:

    ``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
``Sec.
``2261. Prisoners in State custody subject to capital sentence; 
                            appointment of counsel; requirement of rule 
                            of court or statute; procedures for 
                            appointment.
``2262. Mandatory stay of execution; duration; limits on stays of 
                            execution; successive petitions.
``2263. Filing of habeas corpus application; time requirements; tolling 
                            rules.
``2264. Scope of Federal review; district court adjudications.
``2265. Application to State unitary review procedure.
``2266. Limitation periods for determining applications and motions.
``Sec. 2261. Prisoners in State custody subject to capital sentence; 
              appointment of counsel; requirement of rule of court or 
              statute; procedures for appointment
    ``(a) This chapter shall apply to cases arising under section 2254 
brought by prisoners in State custody who are subject to a capital 
sentence. It shall apply only if the provisions of subsections (b) and 
(c) are satisfied.
    ``(b) This chapter is applicable if a State establishes by statute, 
rule of its court of last resort, or by another agency authorized by 
State law, a mechanism for the appointment, compensation, and payment 
of reasonable litigation expenses of competent counsel in State post-
conviction proceedings brought by indigent prisoners whose capital 
convictions and sentences have been upheld on direct appeal to the 
court of last resort in the State or have otherwise become final for 
State law purposes. The rule of court or statute must provide standards 
of competency for the appointment of such counsel.
    ``(c) Any mechanism for the appointment, compensation, and 
reimbursement of counsel as provided in subsection (b) must offer 
counsel to all State prisoners under capital sentence and must provide 
for the entry of an order by a court of record--
            ``(1) appointing one or more counsels to represent the 
        prisoner upon a finding that the prisoner is indigent and 
        accepted the offer or is unable competently to decide whether 
        to accept or reject the offer;
            ``(2) finding, after a hearing if necessary, that the 
        prisoner rejected the offer of counsel and made the decision 
        with an understanding of its legal consequences; or
            ``(3) denying the appointment of counsel upon a finding 
        that the prisoner is not indigent.
    ``(d) No counsel appointed pursuant to subsections (b) and (c) to 
represent a State prisoner under capital sentence shall have previously 
represented the prisoner at trial or on direct appeal in the case for 
which the appointment is made unless the prisoner and counsel expressly 
request continued representation.
    ``(e) The ineffectiveness or incompetence of counsel during State 
or Federal post-conviction proceedings in a capital case shall not be a 
ground for relief in a proceeding arising under section 2254. This 
limitation shall not preclude the appointment of different counsel, on 
the court's own motion or at the request of the prisoner, at any phase 
of State or Federal post-conviction proceedings on the basis of the 
ineffectiveness or incompetence of counsel in such proceedings.
``Sec. 2262. Mandatory stay of execution; duration; limits on stays of 
              execution; successive petitions
    ``(a) Upon the entry in the appropriate State court of record of an 
order under section 2261(c), a warrant or order setting an execution 
date for a State prisoner shall be stayed upon application to any court 
that would have jurisdiction over any proceedings filed under section 
2254. The application shall recite that the State has invoked the post-
conviction review procedures of this chapter and that the scheduled 
execution is subject to stay.
    ``(b) A stay of execution granted pursuant to subsection (a) shall 
expire if--
            ``(1) a State prisoner fails to file a habeas corpus 
        application under section 2254 within the time required in 
        section 2263;
            ``(2) before a court of competent jurisdiction, in the 
        presence of counsel, unless the prisoner has competently and 
        knowingly waived such counsel, and after having been advised of 
        the consequences, a State prisoner under capital sentence 
        waives the right to pursue habeas corpus review under section 
        2254; or
            ``(3) a State prisoner files a habeas corpus petition under 
        section 2254 within the time required by section 2263 and fails 
        to make a substantial showing of the denial of a Federal right 
        or is denied relief in the district court or at any subsequent 
        stage of review.
    ``(c) If one of the conditions in subsection (b) has occurred, no 
Federal court thereafter shall have the authority to enter a stay of 
execution in the case, unless the court of appeals approves the filing 
of a second or successive application under section 2244(b).
``Sec. 2263. Filing of habeas corpus application; time requirements; 
              tolling rules
    ``(a) Any application under this chapter for habeas corpus relief 
under section 2254 must be filed in the appropriate district court not 
later than 180 days after final State court affirmance of the 
conviction and sentence on direct review or the expiration of the time 
for seeking such review.
    ``(b) The time requirements established by subsection (a) shall be 
tolled--
            ``(1) from the date that a petition for certiorari is filed 
        in the Supreme Court until the date of final disposition of the 
        petition if a State prisoner files the petition to secure 
        review by the Supreme Court of the affirmance of a capital 
        sentence on direct review by the court of last resort of the 
        State or other final State court decision on direct review;
            ``(2) from the date on which the first petition for post-
        conviction review or other collateral relief is filed until the 
        final State court disposition of such petition; and
            ``(3) during an additional period not to exceed 30 days, 
        if--
                    ``(A) a motion for an extension of time is filed in 
                the Federal district court that would have jurisdiction 
                over the case upon the filing of a habeas corpus 
                application under section 2254; and
                    ``(B) a showing of good cause is made for the 
                failure to file the habeas corpus application within 
                the time period established by this section.
``Sec. 2264. Scope of Federal review; district court adjudications
    ``(a) Whenever a State prisoner under capital sentence files a 
petition for habeas corpus relief to which this chapter applies, the 
district court shall only consider a claim or claims that have been 
raised and decided on the merits in the State courts, unless the 
failure to raise the claim properly is--
            ``(1) the result of State action in violation of the 
        Constitution or laws of the United States;
            ``(2) the result of the Supreme Court recognition of a new 
        Federal right that is made retroactively applicable; or
            ``(3) based on a factual predicate that could not have been 
        discovered through the exercise of due diligence in time to 
        present the claim for State or Federal post-conviction review.
    ``(b) Following review subject to subsections (a), (d), and (e) of 
section 2254, the court shall rule on the claims properly before it.
``Sec. 2265. Application to State unitary review procedure
    ``(a) For purposes of this section, a `unitary review' procedure 
means a State procedure that authorizes a person under sentence of 
death to raise, in the course of direct review of the judgment, such 
claims as could be raised on collateral attack. This chapter shall 
apply, as provided in this section, in relation to a State unitary 
review procedure if the State establishes by rule of its court of last 
resort or by statute a mechanism for the appointment, compensation, and 
payment of reasonable litigation expenses of competent counsel in the 
unitary review proceedings, including expenses relating to the 
litigation of collateral claims in the proceedings. The rule of court 
or statute must provide standards of competency for the appointment of 
such counsel.
    ``(b) To qualify under this section, a unitary review procedure 
must include an offer of counsel following trial for the purpose of 
representation on unitary review, and entry of an order, as provided in 
section 2261(c), concerning appointment of counsel or waiver or denial 
of appointment of counsel for that purpose. No counsel appointed to 
represent the prisoner in the unitary review proceedings shall have 
previously represented the prisoner at trial in the case for which the 
appointment is made unless the prisoner and counsel expressly request 
continued representation.
    ``(c) Sections 2262, 2263, 2264, and 2266 shall apply in relation 
to cases involving a sentence of death from any State having a unitary 
review procedure that qualifies under this section. References to State 
`post-conviction review' and `direct review' in such sections shall be 
understood as referring to unitary review under the State procedure. 
The reference in section 2262(a) to `an order under section 2261(c)' 
shall be understood as referring to the post-trial order under 
subsection (b) concerning representation in the unitary review 
proceedings, but if a transcript of the trial proceedings is 
unavailable at the time of the filing of such an order in the 
appropriate State court, then the start of the 180-day limitation 
period under section 2263 shall be deferred until a transcript is made 
available to the prisoner or counsel of the prisoner.
``Sec. 2266. Limitation periods for determining applications and 
              motions
    ``(a) The adjudication of any application under section 2254 that 
is subject to this chapter, and the adjudication of any motion under 
section 2255 by a person under sentence of death, shall be given 
priority by the district court and by the court of appeals over all 
noncapital matters.
    ``(b)(1)(A) A district court shall render a final determination and 
enter a final judgment on any application for a writ of habeas corpus 
brought under this chapter in a capital case not later than 180 days 
after the date on which the application is filed.
    ``(B) A district court shall afford the parties at least 120 days 
in which to complete all actions, including the preparation of all 
pleadings and briefs, and if necessary, a hearing, prior to the 
submission of the case for decision.
    ``(C)(i) A district court may delay for not more than one 
additional 30-day period beyond the period specified in subparagraph 
(A), the rendering of a determination of an application for a writ of 
habeas corpus if the court issues a written order making a finding, and 
stating the reasons for the finding, that the ends of justice that 
would be served by allowing the delay outweigh the best interests of 
the public and the applicant in a speedy disposition of the 
application.
    ``(ii) The factors, among others, that a court shall consider in 
determining whether a delay in the disposition of an application is 
warranted are as follows:
            ``(I) Whether the failure to allow the delay would be 
        likely to result in a miscarriage of justice.
            ``(II) Whether the case is so unusual or so complex, due to 
        the number of defendants, the nature of the prosecution, or the 
        existence of novel questions of fact or law, that it is 
        unreasonable to expect adequate briefing within the time 
        limitations established by subparagraph (A).
            ``(III) Whether the failure to allow a delay in a case, 
        that, taken as a whole, is not so unusual or so complex as 
        described in subclause (II), but would otherwise deny the 
        applicant reasonable time to obtain counsel, would unreasonably 
        deny the applicant or the government continuity of counsel, or 
        would deny counsel for the applicant or the government the 
        reasonable time necessary for effective preparation, taking 
        into account the exercise of due diligence.
    ``(iii) No delay in disposition shall be permissible because of 
general congestion of the court's calendar.
    ``(iv) The court shall transmit a copy of any order issued under 
clause (i) to the Director of the Administrative Office of the United 
States Courts for inclusion in the report under paragraph (5).
    ``(2) The time limitations under paragraph (1) shall apply to--
            ``(A) an initial application for a writ of habeas corpus;
            ``(B) any second or successive application for a writ of 
        habeas corpus; and
            ``(C) any redetermination of an application for a writ of 
        habeas corpus following a remand by the court of appeals or the 
        Supreme Court for further proceedings, in which case the 
        limitation period shall run from the date the remand is 
        ordered.
    ``(3)(A) The time limitations under this section shall not be 
construed to entitle an applicant to a stay of execution, to which the 
applicant would otherwise not be entitled, for the purpose of 
litigating any application or appeal.
    ``(B) No amendment to an application for a writ of habeas corpus 
under this chapter shall be permitted after the filing of the answer to 
the application, except on the grounds specified in section 2244(b).
    ``(4)(A) The failure of a court to meet or comply with a time 
limitation under this section shall not be a ground for granting relief 
from a judgment of conviction or sentence.
    ``(B) The State may enforce a time limitation under this section by 
petitioning for a writ of mandamus to the court of appeals. The court 
of appeals shall act on the petition for a writ or mandamus not later 
than 30 days after the filing of the petition.
    ``(5)(A) The Administrative Office of United States Courts shall 
submit to Congress an annual report on the compliance by the district 
courts with the time limitations under this section.
    ``(B) The report described in subparagraph (A) shall include copies 
of the orders submitted by the district courts under paragraph 
(1)(B)(iv).
    ``(c)(1)(A) A court of appeals shall hear and render a final 
determination of any appeal of an order granting or denying, in whole 
or in part, an application brought under this chapter in a capital case 
not later than 120 days after the date on which the reply brief is 
filed, or if no reply brief is filed, not later than 120 days after the 
date on which the answering brief is filed.
    ``(B)(i) A court of appeals shall decide whether to grant a 
petition for rehearing or other request for rehearing en banc not later 
than 30 days after the date on which the petition for rehearing is 
filed unless a responsive pleading is required, in which case the court 
shall decide whether to grant the petition not later than 30 days after 
the date on which the responsive pleading is filed.
    ``(ii) If a petition for rehearing or rehearing en banc is granted, 
the court of appeals shall hear and render a final determination of the 
appeal not later than 120 days after the date on which the order 
granting rehearing or rehearing en banc is entered.
    ``(2) The time limitations under paragraph (1) shall apply to--
            ``(A) an initial application for a writ of habeas corpus;
            ``(B) any second or successive application for a writ of 
        habeas corpus; and
            ``(C) any redetermination of an application for a writ of 
        habeas corpus or related appeal following a remand by the court 
        of appeals en banc or the Supreme Court for further 
        proceedings, in which case the limitation period shall run from 
        the date the remand is ordered.
    ``(3) The time limitations under this section shall not be 
construed to entitle an applicant to a stay of execution, to which the 
applicant would otherwise not be entitled, for the purpose of 
litigating any application or appeal.
    ``(4)(A) The failure of a court to meet or comply with a time 
limitation under this section shall not be a ground for granting relief 
from a judgment of conviction or sentence.
    ``(B) The State may enforce a time limitation under this section by 
applying for a writ of mandamus to the Supreme Court.
    ``(5) The Administrative Office of United States Courts shall 
submit to Congress an annual report on the compliance by the courts of 
appeals with the time limitations under this section.''.
    (b) Technical Amendment.--The part analysis for part IV of title 
28, United States Code, is amended by adding after the item relating to 
chapter 153 the following new item:

``154. Special habeas corpus procedures in capital cases....   2261.''.
    (c) Effective Date.--Chapter 154 of title 28, United States Code 
(as added by subsection (a)) shall apply to cases pending on or after 
the date of enactment of this Act.

SEC. 608. TECHNICAL AMENDMENT.

    Section 408(q) of the Controlled Substances Act (21 U.S.C. 848(q)) 
is amended by amending paragraph (9) to read as follows:
    ``(9) Upon a finding that investigative, expert, or other services 
are reasonably necessary for the representation of the defendant, 
whether in connection with issues relating to guilt or the sentence, 
the court may authorize the defendant's attorneys to obtain such 
services on behalf of the defendant and, if so authorized, shall order 
the payment of fees and expenses therefor under paragraph (10). No ex 
parte proceeding, communication, or request may be considered pursuant 
to this section unless a proper showing is made concerning the need for 
confidentiality. Any such proceeding, communication, or request shall 
be transcribed and made a part of the record available for appellate 
review.''.

              Subtitle B--Criminal Procedural Improvements

SEC. 621. CLARIFICATION AND EXTENSION OF CRIMINAL JURISDICTION OVER 
              CERTAIN TERRORISM OFFENSES OVERSEAS.

    (a) Aircraft Piracy.--Section 46502(b) of title 49, United States 
Code, is amended--
            (1) in paragraph (1), by striking ``and later found in the 
        United States'';
            (2) by amending paragraph (2) to read as follows:
            ``(2) The courts of the United States have jurisdiction 
        over the offense in paragraph (1) if--
                    ``(A) a national of the United States was aboard 
                the aircraft;
                    ``(B) an offender is a national of the United 
                States; or
                    ``(C) an offender is afterwards found in the United 
                States.''; and
            (3) by adding at the end the following new paragraph:
            ``(3) For purposes of this subsection, the term `national 
        of the United States' has the meaning given such term in 
        section 101(a)(22) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(22)).''.
    (b) Destruction of Aircraft or Aircraft Facilities.--Section 32(b) 
of title 18, United States Code, is amended--
            (1) by striking ``(b) Whoever'' and inserting ``(b)(1) 
        Whoever'';
            (2) by redesignating paragraphs (1) through (4) as 
        subparagraphs (A) through (D), respectively;
            (3) by striking ``, if the offender is later found in the 
        United States,''; and
            (4) by adding at the end the following new paragraphs:
    ``(2) The courts of the United States have jurisdiction over an 
offense described in this subsection if--
            ``(A) a national of the United States was on board, or 
        would have been on board, the aircraft;
            ``(B) an offender is a national of the United States; or
            ``(C) an offender is afterwards found in the United States.
    ``(3) For purposes of this subsection, the term `national of the 
United States' has the meaning given such term in section 101(a)(22) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.
    (c) Murder or Manslaughter of Internationally Protected Persons.--
Section 1116 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``, except that'';
            (2) in subsection (b), by adding at the end the following 
        new paragraph:
            ``(7) `National of the United States' has the meaning given 
        such term in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22)).''; and
            (3) in subsection (c), by striking the first sentence and 
        inserting the following: ``If the victim of an offense under 
        subsection (a) is an internationally protected person outside 
        the United States, the United States may exercise jurisdiction 
        over the offense if (1) the victim is a representative, 
        officer, employee, or agent of the United States, (2) an 
        offender is a national of the United States, or (3) an offender 
        is afterwards found in the United States.''.
    (d) Protection of Internationally Protected Persons.--Section 112 
of title 18, United States Code, is amended--
            (1) in subsection (c), by inserting ``national of the 
        United States,'' before ``and''; and
            (2) in subsection (e), by striking the first sentence and 
        inserting the following: ``If the victim of an offense under 
        subsection (a) is an internationally protected person outside 
        the United States, the United States may exercise jurisdiction 
        over the offense if (1) the victim is a representative, 
        officer, employee, or agent of the United States, (2) an 
        offender is a national of the United States, or (3) an offender 
        is afterwards found in the United States.''.
    (e) Threats Against Internationally Protected Persons.--Section 878 
of title 18, United States Code, is amended--
            (1) in subsection (c), by inserting ``national of the 
        United States,'' before ``and''; and
            (2) in subsection (d), by striking the first sentence and 
        inserting the following: ``If the victim of an offense under 
        subsection (a) is an internationally protected person outside 
        the United States, the United States may exercise jurisdiction 
        over the offense if (1) the victim is a representative, 
        officer, employee, or agent of the United States, (2) an 
        offender is a national of the United States, or (3) an offender 
        is afterwards found in the United States.''.
    (f) Kidnapping of Internationally Protected Persons.--Section 
1201(e) of title 18, United States Code, is amended--
            (1) by striking the first sentence and inserting the 
        following: ``If the victim of an offense under subsection (a) 
        is an internationally protected person outside the United 
        States, the United States may exercise jurisdiction over the 
        offense if (1) the victim is a representative, officer, 
        employee, or agent of the United States, (2) an offender is a 
        national of the United States, or (3) an offender is afterwards 
        found in the United States.''; and
            (2) by adding at the end the following: ``For purposes of 
        this subsection, the term `national of the United States' has 
        the meaning given such term in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22).''.
    (g) Violence at International Airports.--Section 37(b)(2) of title 
18, United States Code, is amended to read as follows:
            ``(2) the prohibited activity takes place outside the 
        United States, and--
                    ``(A) the offender is later found in the United 
                States; or
                    ``(B) an offender or a victim is a national of the 
                United States (as defined in section 101(a)(22) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(22))).''.
    (h) National of the United States Defined.--Section 178 of title 
18, United States Code, is amended--
            (1) by striking the ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(5) the term `national of the United States' has the 
        meaning given such term in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.

SEC. 622. EXPANSION OF TERRITORIAL SEA.

    (a) Territorial Sea Extending to Twelve Miles Included in Special 
Maritime and Territorial Jurisdiction.--The Congress declares that all 
the territorial sea of the United States, as defined by Presidential 
Proclamation 5928 of December 27, 1988, for purposes of criminal 
jurisdiction is part of the United States, subject to its sovereignty, 
and, for purposes of Federal criminal jurisdiction, is within the 
special maritime and territorial jurisdiction of the United States 
wherever that term is used in title 18, United States Code.
    (b) Assimilated Crimes in Extended Territorial Sea.--Section 13 of 
title 18, United States Code (relating to the adoption of State laws 
for areas within Federal jurisdiction), is amended--
            (1) in subsection (a), by inserting after ``title,'' the 
        following: ``or on, above, or below any portion of the 
        territorial sea of the United States not within the 
        jurisdiction of any State, Commonwealth, territory, possession, 
        or district''; and
            (2) by adding at the end the following new subsection:
    ``(c) Whenever any waters of the territorial sea of the United 
States lie outside the territory of any State, Commonwealth, territory, 
possession, or district, such waters (including the airspace above and 
the seabed and subsoil below, and artificial islands and fixed 
structures erected thereon) shall be deemed for purposes of subsection 
(a) to lie within the area of that State, Commonwealth, territory, 
possession, or district it would lie within if the boundaries of such 
State, Commonwealth, territory, possession, or district were extended 
seaward to the outer limit of the territorial sea of the United 
States.''.

SEC. 623. EXPANSION OF WEAPONS OF MASS DESTRUCTION STATUTE.

    Section 2332a of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``threatens,'' before 
                ``attempts'';
                    (B) in paragraph (2), by striking ``; or'' and 
                inserting the following: ``and the results of such use 
                affect interstate or foreign commerce or, in the case 
                of a threat, attempt, or conspiracy, would have 
                affected interstate or foreign commerce if such use had 
                occurred;'';
                    (C) by redesignating paragraph (3) as paragraph 
                (4);
                    (D) by inserting after paragraph (2) the following:
            ``(3) against a victim, or intended victim, that is the 
        United States Government, a member of the uniformed services, 
        or any official, officer, employee, or agent of the 
        legislative, executive, or judicial branches, or any department 
        or agency, of the United States; and''; and
                    (E) in paragraph (4), as redesignated, by inserting 
                before the comma at the end the following: ``, or is 
                within the United States and is used in any activity 
                affecting interstate or foreign commerce''.
            (2) by redesignating subsection (b) as subsection (c);
            (3) by adding immediately after subsection (a) the 
        following new subsection:
    ``(b) Use Outside United States.--Any national of the United States 
who outside of the United States uses, threatens, attempts, or 
conspires to use, a weapon of mass destruction, shall be imprisoned for 
any term of years or for life, and if death results, shall be punished 
by death or imprisonment for any term of years or for life. The 
preceding sentence does not apply to a person performing an act that, 
as performed, is within the scope of the person's official duties as an 
officer or employee of the United States or as a member of the Armed 
Forces of the United States, or to a person employed by a contractor of 
the United States for performing an act that, as performed, is 
authorized under the contract.''; and
            (4) by amending subsection (c)(2)(B), as redesignated by 
        paragraph (3), by striking ``poison gas'' and inserting ``any 
        poisonous chemical agent or substance, regardless of form or 
        delivery system, designed for causing widespread death or 
        injury;''.

SEC. 624. ADDITION OF TERRORISM OFFENSES TO THE RICO STATUTE.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) in subparagraph (B)--
                    (A) by inserting after ``Section'' the following: 
                ``32 (relating to the destruction of aircraft), section 
                37 (relating to violence at international airports), 
                section 115 (relating to influencing, impeding, or 
                retaliating against a Federal official by threatening 
                or injuring a family member), section'';
                    (B) by inserting after ``section 224 (relating to 
                sports bribery),'' the following: ``section 351 
                (relating to congressional or Cabinet officer 
                assassination),'';
                    (C) by inserting after ``section 664 (relating to 
                embezzlement from pension and welfare funds),'' the 
                following: ``section 831 (relating to prohibited 
                transactions involving nuclear materials), section 844 
                (f) or (i) (relating to destruction by explosives or 
                fire of government property or property affecting 
                interstate or foreign commerce),'';
                    (D) by inserting after ``sections 891-894 (relating 
                to extortionate credit transactions),'' the following: 
                ``section 956 (relating to conspiracy to kill, kidnap, 
                maim, or injure certain property in a foreign 
                country),'';
                    (E) by inserting after ``section 1084 (relating to 
                the transmission of gambling information),'' the 
                following: ``section 1111 (relating to murder), section 
                1114 (relating to murder of United States law 
                enforcement officials), section 1116 (relating to 
                murder of foreign officials, official guests, or 
                internationally protected persons), section 1203 
                (relating to hostage taking),'';
                    (F) by inserting after ``section 1344 (relating to 
                financial institution fraud),'' the following: 
                ``section 1361 (relating to willful injury of 
                government property within the special maritime and 
                territorial jurisdiction),'';
                    (G) by inserting after ``section 1513 (relating to 
                retaliating against a witness, victim, or an 
                informant),'' the following: ``section 1751 (relating 
                to Presidential assassination),'';
                    (H) by inserting after ``section 1958 (relating to 
                use of interstate commerce facilities in the commission 
                of murder-for-hire),'' the following: ``section 2280 
                (relating to violence against maritime navigation), 
                section 2281 (relating to violence against maritime 
                fixed platforms),''; and
                    (I) by inserting after ``2321 (relating to 
                trafficking in certain motor vehicles or motor vehicle 
                parts),'' the following: ``section 2332 (relating to 
                terrorist acts abroad against United States nationals), 
                section 2332a (relating to use of weapons of mass 
                destruction), section 2332b (relating to acts of 
                terrorism transcending national boundaries), section 
                2339A (relating to providing material support to 
                terrorists),'';
            (2) by striking ``or'' before ``(E)''; and
            (3) by inserting before the semicolon at the end the 
        following: ``, or (F) section 46502 of title 49, United States 
        Code''.

SEC. 625. ADDITION OF TERRORISM OFFENSES TO THE MONEY LAUNDERING 
              STATUTE.

    Section 1956(c)(7) of title 18, United States Code, is amended--
            (1) in subparagraph (B), by amending clause (ii) to read as 
        follows:
                    ``(ii) murder, kidnapping, robbery, extortion, or 
                destruction of property by means of explosive or 
                fire;''; and
            (2) in subparagraph (D)--
                    (A) by inserting after ``an offense under'' the 
                following: ``section 32 (relating to the destruction of 
                aircraft), section 37 (relating to violence at 
                international airports), section 115 (relating to 
                influencing, impeding, or retaliating against a Federal 
                official by threatening or injuring a family 
                member),'';
                    (B) by inserting after ``section 215 (relating to 
                commissions or gifts for procuring loans),'' the 
                following: ``section 351 (relating to congressional or 
                Cabinet officer assassination),'';
                    (C) by inserting after ``section 798 (relating to 
                espionage),'' the following: ``section 831 (relating to 
                prohibited transactions involving nuclear materials), 
                section 844 (f) or (i) (relating to destruction by 
                explosives or fire of Government property or property 
                affecting interstate or foreign commerce),'';
                    (D) by inserting after ``section 875 (relating to 
                interstate communications),'' the following: ``section 
                956 (relating to conspiracy to kill, kidnap, maim, or 
                injure certain property in a foreign country),'';
                    (E) by inserting after ``section 1032 (relating to 
                concealment of assets from conservator, receiver, or 
                liquidating agent of financial institution),'' the 
                following: ``section 1111 (relating to murder), section 
                1114 (relating to murder of United States law 
                enforcement officials), section 1116 (relating to 
                murder of foreign officials, official guests, or 
                internationally protected persons),'';
                    (F) by inserting after ``section 1203 (relating to 
                hostage taking)'' the following: ``section 1361 
                (relating to willful injury of Government property), 
                section 1363 (relating to destruction of property 
                within the special maritime and territorial 
                jurisdiction),'';
                    (G) by inserting after ``section 1708 (relating to 
                theft from the mail)'' the following: ``section 1751 
                (relating to Presidential assassination),'';
                    (H) by inserting after ``2114 (relating to bank and 
                postal robbery and theft),'' the following: ``section 
                2280 (relating to violence against maritime 
                navigation), section 2281 (relating to violence against 
                maritime fixed platforms),''; and
                    (I) by striking ``of this title'' and inserting the 
                following: ``section 2332 (relating to terrorist acts 
                abroad against United States nationals), section 2332a 
                (relating to use of weapons of mass destruction), 
                section 2332b (relating to international terrorist acts 
                transcending national boundaries), 2339A (relating to 
                providing material support to terrorists) of this 
                title, section 46502 of title 49, United States 
                Code,''.

SEC. 626. PROTECTION OF CURRENT OR FORMER OFFICIALS, OFFICERS, OR 
              EMPLOYEES OF THE UNITED STATES.

    (a) Amendment To Include Assaults, Murders, and Threats Against 
Families of Federal Officials.--Section 115(a)(2) of title 18, United 
States Code, is amended by inserting ``, or threatens to assault, 
kidnap, or murder, any person who formerly served as a person 
designated in paragraph (1), or'' after ``assaults, kidnaps, or 
murders, or attempts to kidnap or murder''.
    (b) Murder or Attempts To Murder Current or Former Federal Officers 
or Employees.--Section 1114 of title 18, United States Code, is amended 
to read as follows:
``Sec. 1114. Protection of officers and employees of the United States
    ``Whoever kills or attempts to kill a current or former officer or 
employee of the United States or its instrumentalities, or an immediate 
family member of such officer or employee, or any person assisting such 
an officer or employee in the performance of official duties, during or 
on account of the performance of such duties or the provision of such 
assistance, shall be punished--
            ``(1) in the case of murder, as provided under section 
        1111;
            ``(2) in the case of manslaughter, as provided under 
        section 1112; and
            ``(3) in the case of attempted murder or manslaughter as 
        provided in section 1113, not more than 20 years.''.
    (c) Amendment To Clarify the Meaning of the Term Deadly or 
Dangerous Weapon in the Prohibition on Assault on Federal Officers or 
Employees.--Section 111(b) of title 18, United States Code, is amended 
by inserting after ``deadly or dangerous weapon'' the following: 
``(including a weapon intended to cause death or danger but that fails 
to do so by reason of a defective or missing component)''.

SEC. 627. ADDITION OF CONSPIRACY TO TERRORISM OFFENSES.

    (a) Destruction of Aircraft or Aircraft Facilities.--(1) Section 
32(a)(7) of title 18, United States Code, is amended by inserting ``or 
conspires'' after ``attempts''.
    (2) Section 32(b)(D) of title 18, United States Code, as 
redesignated by section 721(b)(2), is amended by inserting ``or 
conspires'' after ``attempts''.
    (b) Violence at International Airports.--Section 37(a) of title 18, 
United States Code, is amended by inserting ``or conspires'' after 
``attempts''.
    (c) Influencing, Impeding, or Retaliating Against a Federal 
Official by Threatening or Injuring a Family Member.--(1) Section 
115(a)(1)(A) of title 18, United States Code, is amended by inserting 
``or conspires'' after ``attempts''.
    (2) Section 115(a)(2) of title 18, United States Code, as amended 
by section 729, is further amended by inserting ``or conspires'' after 
``attempts''.
    (3) Section 115(b)(2) of title 18, United States Code, is amended 
by striking both times it appears ``or attempted kidnapping'' and 
inserting both times ``, attempted kidnapping or conspiracy to 
kidnap''.
    (4)(A) Section 115(b)(3) of title 18, United States Code, is 
amended by striking ``or attempted murder'' and inserting ``, attempted 
murder or conspiracy to murder''.
    (B) Section 115(b)(3) of title 18, United States Code, is further 
amended by striking ``and 1113'' and inserting ``, 1113, and 1117''.
    (d) Prohibitions With Respect to Biological Weapons.--Section 
175(a) of title 18, United States Code, is amended by inserting ``, or 
conspires to do so,'' after ``any organization to do so,''.
    (e) Hostage Taking.--Section 1203(a) of title 18, United States 
Code, is amended by inserting ``or conspires'' after ``attempts''.
    (f) Violence Against Maritime Navigation.--Section 2280(a)(1)(H) of 
title 18, United States Code, is amended by inserting ``or conspires'' 
after ``attempts''.
    (g) Violence Against Maritime Fixed Platforms.--Section 
2281(a)(1)(F) of title 18, United States Code, is amended by inserting 
``or conspires'' after ``attempts''.
    (h) Aircraft Piracy.--Section 46502 of title 49, United States 
Code, is amended--
            (1) in subsection (a)(2), by inserting ``, conspiring,'' 
        after ``committing'' and
            (2) in subsection (b)--
                    (A) in paragraph (1), by inserting ``or conspiring 
                to commit'' after ``committing'';
                    (B) in paragraph (2), by inserting ``conspired or'' 
                after ``has placed,''; and
                    (C) in paragraph (3), by inserting ``conspired or'' 
                after ``has placed,''.
    (i) Clarification of Maritime Violence Jurisdiction.--Section 
2280(b)(1)(A) of title 18, United States Code, is amended--
            (1) in clause (ii), by striking ``and the activity is not 
        prohibited as a crime by the State in which the activity takes 
        place''; and
            (2) in clause (iii), by striking ``the activity takes place 
        on a ship flying the flag of a foreign country or outside the 
        United States,''.

SEC. 628. CLARIFICATION OF FEDERAL JURISDICTION OVER BOMB THREATS.

    Section 844(e) of title 18, United States Code, is amended--
            (1) by striking ``(e) Whoever'' and inserting ``(e)(1) 
        Whoever''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Whoever willfully makes any threat, or maliciously conveys 
false information knowing the same to be false, concerning an attempt 
or alleged attempt being made, or to be made to violate subsection (f) 
or (i) of this section or section 81 of this title shall be fined under 
this title, imprisoned for not more than 5 years, or both.''.

                TITLE VII--MARKING OF PLASTIC EXPLOSIVES

SEC. 701. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) plastic explosives were used by terrorists in the 
        bombings of Pan Am flight 103 in December 1988 and UTA flight 
        722 in September 1989;
            (2) plastic explosives can be used with little likelihood 
        of detection for acts of unlawful interference with civil 
        aviation, maritime navigation, and other modes of 
        transportation;
            (3) the criminal use of plastic explosives places innocent 
        lives in jeopardy, endangers national security, affects 
        domestic tranquility, and gravely affects interstate and 
        foreign commerce;
            (4) the marking of plastic explosives for the purpose of 
        detection would contribute significantly to the prevention and 
        punishment of such unlawful acts; and
            (5) for the purpose of deterring and detecting such 
        unlawful acts, the Convention on the Marking of Plastic 
        Explosives for the Purpose of Detection, Done at Montreal on 1 
        March 1991, requires each contracting State to adopt 
        appropriate measures to ensure that plastic explosives are duly 
        marked and controlled.
    (b) Purpose.--The purpose of this title is to fully implement the 
Convention on the Marking of Plastic Explosives for the Purpose of 
Detection, Done at Montreal on 1 March 1991.

SEC. 702. DEFINITIONS.

    Section 841 of title 18, United States Code, is amended by adding 
at the end the following new subsections:
    ``(o) `Convention on the Marking of Plastic Explosives' means the 
Convention on the Marking of Plastic Explosives for the Purpose of 
Detection, Done at Montreal on 1 March 1991.
    ``(p) `Detection agent' means any one of the substances specified 
in this subsection when introduced into a plastic explosive or 
formulated in such explosive as a part of the manufacturing process in 
such a manner as to achieve homogeneous distribution in the finished 
explosive, including--
            ``(1) Ethylene glycol dinitrate (EGDN), 
        C<INF>2H<INF>4(NO<INF>3)<INF>2, molecular weight 152, when the 
        minimum concentration in the finished explosive is 0.2 percent 
        by mass;
            ``(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), 
        C<INF>6H<INF>12(NO<INF>2)<INF>2, molecular weight 176, when the 
        minimum concentration in the finished explosive is 0.1 percent 
        by mass;
            ``(3) Para-Mononitrotoluene (p-MNT), 
        C<INF>7H<INF>7NO<INF>2, molecular weight 137, when the minimum 
        concentration in the finished explosive is 0.5 percent by mass;
            ``(4) Ortho-Mononitrotoluene (o-MNT), 
        C<INF>7H<INF>7NO<INF>2, molecular weight 137, when the minimum 
        concentration in the finished explosive is 0.5 percent by mass; 
        and
            ``(5) any other substance in the concentration specified by 
        the Secretary, after consultation with the Secretary of State 
        and the Secretary of Defense, which has been added to the table 
        in part 2 of the Technical Annex to the Convention on the 
        Marking of Plastic Explosives.
    ``(q) `Plastic explosive' means an explosive material in flexible 
or elastic sheet form formulated with one or more high explosives which 
in their pure form have a vapor pressure less than 10-<SUP>4 Pa at a 
temperature of 25 deg.C., is formulated with a binder material, and is 
as a mixture malleable or flexible at normal room temperature.''.

SEC. 703. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES.

    Section 842 of title 18, United States Code, is amended by adding 
after subsection (k) the following new subsections:
    ``(l) It shall be unlawful for any person to manufacture any 
plastic explosive that does not contain a detection agent.
    ``(m)(1) It shall be unlawful for any person to import or bring 
into the United States, or export from the United States, any plastic 
explosive that does not contain a detection agent.
    ``(2) This subsection does not apply to the importation or bringing 
into the United States, or the exportation from the United States, of 
any plastic explosive that was imported, brought into, or manufactured 
in the United States prior to the date of enactment of title VII of the 
Comprehensive Terrorism Prevention Act of 1995 by or on behalf of any 
agency of the United States performing military or police functions 
(including any military reserve component) or by or on behalf of the 
National Guard of any State, not later than 15 years after the date of 
entry into force of the Convention on the Marking of Plastic 
Explosives, with respect to the United States.
    ``(n)(1) It shall be unlawful for any person to ship, transport, 
transfer, receive, or possess any plastic explosive that does not 
contain a detection agent.
    ``(2) This subsection does not apply to--
            ``(A) the shipment, transportation, transfer, receipt, or 
        possession of any plastic explosive that was imported, brought 
        into, or manufactured in the United States prior to the date of 
        enactment of the Comprehensive Terrorism Prevention Act of 1995 
        by any person during a period not exceeding 3 years after the 
        date of enactment of title VII of the Comprehensive Terrorism 
        Prevention Act of 1995; or
            ``(B) the shipment, transportation, transfer, receipt, or 
        possession of any plastic explosive that was imported, brought 
        into, or manufactured in the United States prior to the date of 
        enactment of title VII of the Comprehensive Terrorism 
        Prevention Act of 1995 by or on behalf of any agency of the 
        United States performing a military or police function 
        (including any military reserve component) or by or on behalf 
        of the National Guard of any State, not later than 15 years 
        after the date of entry into force of the Convention on the 
        Marking of Plastic Explosives, with respect to the United 
        States.
    ``(o) It shall be unlawful for any person, other than an agency of 
the United States (including any military reserve component) or the 
National Guard of any State, possessing any plastic explosive on the 
date of enactment of title VII of the Comprehensive Terrorism 
Prevention Act of 1995, to fail to report to the Secretary within 120 
days after such effective date the quantity of such explosives 
possessed, the manufacturer or importer, any marks of identification on 
such explosives, and such other information as the Secretary may by 
regulations prescribe.''.

SEC. 704. CRIMINAL SANCTIONS.

    Section 844(a) of title 18, United States Code, is amended to read 
as follows:
    ``(a) Any person who violates any of subsections (a) through (i) or 
(l) through (o) of section 842 shall be fined under this title or 
imprisoned not more than 10 years, or both.''.

SEC. 705. EXCEPTIONS.

    Section 845 of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting ``(l), (m), (n), or (o) 
        of section 842 and subsections'' after ``subsections'';
            (2) in paragraph (1), by inserting before the semicolon ``, 
        and which pertain to safety''; and
            (3) by adding at the end the following new subsection:
    ``(c) It is an affirmative defense against any proceeding involving 
subsections (l) through (o) of section 842 if the proponent proves by a 
preponderance of the evidence that the plastic explosive--
            ``(1) consisted of a small amount of plastic explosive 
        intended for and utilized solely in lawful--
                    ``(A) research, development, or testing of new or 
                modified explosive materials;
                    ``(B) training in explosives detection or 
                development or testing of explosives detection 
                equipment; or
                    ``(C) forensic science purposes; or
            ``(2) was plastic explosive that, within 3 years after the 
        date of enactment of the Comprehensive Terrorism Prevention Act 
        of 1995, will be or is incorporated in a military device within 
        the territory of the United States and remains an integral part 
        of such military device, or is intended to be, or is 
        incorporated in, and remains an integral part of a military 
        device that is intended to become, or has become, the property 
        of any agency of the United States performing military or 
        police functions (including any military reserve component) or 
        the National Guard of any State, wherever such device is 
        located.
            ``(3) For purposes of this subsection, the term `military 
        device' includes, but is not restricted to, shells, bombs, 
        projectiles, mines, missiles, rockets, shaped charges, 
        grenades, perforators, and similar devices lawfully 
        manufactured exclusively for military or police purposes.''.

SEC. 706. INVESTIGATIVE AUTHORITY.

    Section 846 of title 18, United States Code, is amended--
            (1) in the last sentence, by inserting in the last sentence 
        before ``subsection'' the phrase ``subsection (m) or (n) of 
        section 842 or;'', and
            (2) by adding at the end the following: ``The Attorney 
        General shall exercise authority over violations of subsection 
        (m) or (n) of section 842 only when they are committed by a 
        member of a terrorist or revolutionary group. In any matter 
        involving a terrorist or revolutionary group or individual, as 
        determined by the Attorney General, the Attorney General shall 
        have primary investigative responsibility and the Secretary 
        shall assist the Attorney General as requested.''.

SEC. 707. EFFECTIVE DATE.

    Except as otherwise provided in this title, this title and the 
amendments made by this title shall take effect 1 year after the date 
of enactment of this Act.

SEC. 708. STUDY AND REQUIREMENTS FOR TAGGING OF EXPLOSIVE MATERIALS, 
              AND STUDY AND RECOMMENDATIONS FOR RENDERING EXPLOSIVE 
              COMPONENTS INERT AND IMPOSING CONTROLS ON PRECURSORS OF 
              EXPLOSIVES.

    (a) The Secretary of the Treasury shall conduct a study and make 
recommendations concerning--
            (1) the tagging of explosive materials for purposes of 
        detection and identification;
            (2) whether common chemicals used to manufacture explosive 
        materials can be rendered inert and whether it is feasible to 
        require it; and
            (3) whether controls can be imposed on certain precursor 
        chemicals used to manufacture explosive materials and whether 
        it is feasible and cost-effective to require it.
In conducting the study, the Secretary shall consult with other 
Federal, State and local officials with expertise in this area and such 
other individuals as shall be deemed necessary. Such study shall be 
completed within twelve months after the enactment of this Act and 
shall be submitted to the Congress and made available to the public. 
Such study may include, if appropriate, recommendations for 
legislation.
    (b) There are authorized to be appropriated for the study and 
recommendations contained in paragraph (a) such sums as may be 
necessary.
    (c) Section 842, of title 18, United States Code, is amended by 
inserting after subsection (k), a new subsection (l) which reads as 
follows:
    ``(l)(1) It shall be unlawful for any person to manufacture, 
import, ship, transport, receive, possess, transfer, or distribute any 
explosive material that does not contain a tracer element as prescribed 
by the Secretary pursuant to regulation, knowing or having reasonable 
cause to believe that the explosive material does not contain the 
required tracer element.
    ``(2) For purposes of this subsection, explosive material does not 
include smokeless or black powder manufactured for uses set forth in 
section 845(a) (4) and (5) of this chapter.''.
    (d) Section 844, of title 18, United States Code, is amended by 
inserting after ``(a) through (i)'' the phrase ``and (l)''.
    (e) Section 846, of title 18, United States Code, is amended by 
designating the present section as ``(a)'' and by adding a new 
subsection (b) reading as follows:
    ``(b) to facilitate the enforcement of this chapter the Secretary 
shall, within 6 months after submission of the study required by 
subsection (a), promulgate regulations for the addition of tracer 
elements to explosive materials manufactured in or imported into the 
United States. Tracer elements to be added to explosive materials under 
provisions of this subsection shall be of such character and in such 
quantity as the Secretary may authorize or require, and such as will 
not substantially impair the quality of the explosive materials for 
their intended lawful use, adversely affect the safety of these 
explosives, or have a substantially adverse effect on the 
environment.''.
    (f) The penalties provided herein shall not take effect until 
ninety days after the date of promulgation of the regulations provided 
for herein.

                     TITLE VIII--NUCLEAR MATERIALS

SEC. 801. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) nuclear materials, including byproduct materials, can 
        be used to create radioactive dispersal devices that are 
        capable of causing serious bodily injury as well as substantial 
        damage to property and the environment;
            (2) the potential use of nuclear materials, including 
        byproduct materials, enhances the threat posed by terrorist 
        activities and thereby has a greater effect on the security 
        interests of the United States;
            (3) due to the widespread hazards presented by the threat 
        of nuclear contamination, as well as nuclear bombs, the United 
        States has a strong interest in ensuring that persons who are 
        engaged in the illegal acquisition and use of nuclear 
        materials, including byproduct materials, are prosecuted for 
        their offenses;
            (4) the threat that nuclear materials will be obtained and 
        used by terrorist and other criminal organizations has 
        increased substantially since the enactment in 1982 of the 
        legislation that implemented the Convention on the Physical 
        Protection of Nuclear Material, codified at section 831 of 
        title 18, United States Code;
            (5) the successful efforts to obtain agreements from other 
        countries to dismantle nuclear weapons have resulted in 
        increased packaging and transportation of nuclear materials, 
        thereby decreasing the security of such materials by increasing 
        the opportunity for unlawful diversion and theft;
            (6) the illicit trafficking in the relatively more common, 
        commercially available and usable nuclear and byproduct 
        materials poses a potential to cause significant loss of life 
        and environmental damage;
            (7) reported trafficking incidents in the early 1990's 
        suggest that the individuals involved in trafficking these 
        materials from Eurasia and Eastern Europe frequently conducted 
        their black market sales of these materials within the Federal 
        Republic of Germany, the Baltic States, the former Soviet 
        Union, Central Europe, and to a lesser extent in the Middle 
        European countries;
            (8) the international community has become increasingly 
        concerned over the illegal possession of nuclear and nuclear 
        byproduct materials;
            (9) the potentially disastrous ramifications of increased 
        access to nuclear and nuclear byproduct materials pose such a 
        significant future threat that the United States must use all 
        lawful methods available to combat the illegal use of such 
        materials;
            (10) the United States has an interest in encouraging 
        United States corporations to do business in the countries that 
        comprised the former Soviet Union, and in other developing 
        democracies;
            (11) protection of such United States corporations from 
        threats created by the unlawful use of nuclear materials is 
        important to the success of the effort to encourage such 
        business ventures, and to further the foreign relations and 
        commerce of the United States;
            (12) the nature of nuclear contamination is such that it 
        may affect the health, environment, and property of United 
        States nationals even if the acts that constitute the illegal 
        activity occur outside the territory of the United States, and 
        are primarily directed toward foreign nationals; and
            (13) there is presently no Federal criminal statute that 
        provides adequate protection to United States interests from 
        nonweapons grade, yet hazardous radioactive material, and from 
        the illegal diversion of nuclear materials that are held for 
        other than peaceful purposes.
    (b) Purpose.--The purpose of this title is to provide Federal law 
enforcement agencies the necessary tools and fullest possible basis 
allowed under the Constitution to combat the threat of nuclear 
contamination and proliferation that may result from illegal possession 
and use of radioactive materials.

SEC. 802. EXPANSION OF SCOPE AND JURISDICTIONAL BASES OF NUCLEAR 
              MATERIALS PROHIBITIONS.

    Section 831 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``nuclear material'' each place it 
                appears and inserting ``nuclear material or nuclear 
                byproduct material'';
                    (B) in paragraph (1)--
                            (i) in subparagraph (A), by inserting ``or 
                        the environment'' after ``property''; and
                            (ii) by amending subparagraph (B) to read 
                        as follows:
                    ``(B)(i) circumstances exist that are likely to 
                cause the death or serious bodily injury to any person 
                or substantial damage to property or the environment, 
                or such circumstances have been represented to the 
                defendant to exist;''; and
                    (C) in paragraph (6), by inserting ``or the 
                environment'' after ``property'';
            (2) in subsection (c)--
                    (A) by amending paragraph (2) to read as follows:
            ``(2) an offender or a victim is a national of the United 
        States or a United States corporation or other legal entity;'';
                    (B) in paragraph (3)--
                            (i) by striking ``at the time of the 
                        offense the nuclear material is in use, 
                        storage, or transport, for peaceful purposes, 
                        and''; and
                            (ii) by striking ``or'' at the end of the 
                        paragraph;
                    (C) in paragraph (4)--
                            (i) by striking ``nuclear material for 
                        peaceful purposes'' and inserting ``nuclear 
                        material or nuclear byproduct material''; and
                            (ii) by striking the period at the end of 
                        the paragraph and inserting ``; or''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(5) the governmental entity under subsection (a)(5) is 
        the United States or the threat under subsection (a)(6) is 
        directed at the United States.''; and
            (3) in subsection (f)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking ``with 
                        an isotopic concentration not in excess of 80 
                        percent plutonium 238''; and
                            (ii) in subparagraph (C), by striking ``(C) 
                        uranium'' and inserting ``(C) enriched uranium, 
                        defined as uranium'';
                    (B) by redesignating paragraphs (2), (3), and (4) 
                as paragraphs (4), (5), and (6), respectively;
                    (C) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) the term `nuclear byproduct material' means any 
        material containing any radioactive isotope created through an 
        irradiation process in the operation of a nuclear reactor or 
        accelerator;'';
                    (D) by striking ``and'' at the end of paragraph 
                (4), as redesignated;
                    (E) by striking the period at the end of subsection 
                (f)(5), as redesignated, and inserting a semicolon; and
                    (F) by adding at the end the following new 
                paragraphs:
            ``(6) the term `national of the United States' has the 
        meaning given such term in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and
            ``(7) the term `United States corporation or other legal 
        entity' means any corporation or other entity organized under 
        the laws of the United States or any State, Commonwealth, 
        territory, possession, or district of the United States.''.

                   TITLE IX--MISCELLANEOUS PROVISIONS

SEC. 901. PROHIBITION ON DISTRIBUTION OF INFORMATION RELATING TO 
              EXPLOSIVE MATERIALS FOR A CRIMINAL PURPOSE.

    (a) Section 842 of title 18, United States Code, is amended by 
adding at the end the following new subsection:
    ``(l) It shall be unlawful for any person to teach or demonstrate 
the making of explosive materials, or to distribute by any means 
information pertaining to, in whole or in part, the manufacture of 
explosive materials, if the person intends or knows, that such 
explosive materials or information will be used for, or in furtherance 
of, an activity that constitutes a Federal criminal offense or a 
criminal purpose affecting interstate commerce.''.
    (b) Section 844 of title 18, United States Code, is amended by 
designating subsection (a) as subsection (a)(1) and by adding the 
following new subsection:
    ``(a)(2) Any person who violates subsection (l) of section 842 of 
this chapter shall be fined under this title or imprisoned not more 
than twenty years, or both.''.

SEC. 902. DESIGNATION OF CARTNEY KOCH MCRAVEN CHILD DEVELOPMENT CENTER.

    (a) Designation.--
            (1) In general.--The Federal building at 1314 LeMay 
        Boulevard, Ellsworth Air Force Base, South Dakota, shall be 
        known and designated as the ``Cartney Koch McRaven Child 
        Development Center''.
            (2) Replacement building.--If, after the date of enactment 
        of this Act, a new Federal building is built at the location 
        described in paragraph (1) to replace the building described in 
        the paragraph, the new Federal building shall be known and 
        designated as the ``Cartney Koch McRaven Child Development 
        Center''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to a Federal building 
referred to in subsection (a) shall be deemed to be a reference to the 
``Cartney Koch McRaven Child Development Center''.

SEC. 903. FOREIGN AIR TRAVEL SAFETY.

    Section 44906 of title 49, United States Code, is amended to read 
as follows:
``Sec. 44906. Foreign air carrier security programs
    ``The Administrator of the Federal Aviation Administration shall 
continue in effect the requirement of section 129.25 of title 14, Code 
of Federal Regulations, that a foreign air carrier must adopt and use a 
security program approved by the Administrator. The Administrator shall 
only approve a security program of a foreign air carrier under section 
129.25, or any successor regulation, if the Administrator decides the 
security program provides passengers of the foreign air carrier a level 
of protection identical to the level those passengers would receive 
under the security programs of air carriers serving the same airport. 
The Administrator shall prescribe regulations to carry out this 
section.''.

SEC. 904. PROOF OF CITIZENSHIP.

    Notwithstanding any other provision of law, a Federal, State, or 
local government agency may not use a voter registration card (or other 
related document) that evidences registration for an election for 
Federal office, as evidence to prove United States citizenship.

SEC. 905. COOPERATION OF FERTILIZER RESEARCH CENTERS.

    In conducting any portion of the study relating to the regulation 
and use of fertilizer as a pre-explosive material, the Secretary of the 
Treasury shall consult with and receive input from non-profit 
fertilizer research centers and include their opinions and findings in 
the report required under subsection (c).

SEC. 906. SPECIAL ASSESSMENTS ON CONVICTED PERSONS.

    Section 3013(a)(2) of title 18, United States Code, is amended--
                    (A) in subparagraph (A), by striking ``$50'' and 
                inserting ``not less than $100''; and
                    (B) in subparagraph (B), by striking ``$200'' and 
                inserting ``not less than $400''.

SEC. 907. PROHIBITION ON ASSISTANCE UNDER ARMS EXPORT CONTROL ACT FOR 
              COUNTRIES NOT COOPERATING FULLY WITH UNITED STATES 
              ANTITERRORISM EFFORTS.

    Chapter 3 of the Arms Export Control Act (22 U.S.C. 2771 et seq.) 
is amended by adding at the end the following:
    ``Sec. 40A. Transactions with Countries Not Fully Cooperating with 
United States Antiterrorism Efforts.
    ``(a) Prohibited Transactions.--No defense article or defense 
service may be sold or licensed for export under this Act to a foreign 
country in a fiscal year unless the President determines and certifies 
to Congress at the beginning of that fiscal year, or at any other time 
in that fiscal year before such sale or license, that the country is 
cooperating fully with United States antiterrorism efforts.
    ``(b) Waiver.--The President may waive the prohibition set forth in 
subsection (a) with respect to a specific transaction if the President 
determines that the transaction is essential to the national security 
interests of the United States.''.

SEC. 908. AUTHORITY TO REQUEST MILITARY ASSISTANCE WITH RESPECT TO 
              OFFENSES INVOLVING BIOLOGICAL AND CHEMICAL WEAPONS.

    (a) Biological Weapons of Mass Destruction.--Section 175 of title 
18, United States Code, is amended by adding at the end the following:
    ``(c)(1) Military Assistance.--The Attorney General may request 
that the Secretary of Defense provide assistance in support of 
Department of Justice activities relating to the enforcement of this 
section in an emergency situation involving biological weapons of mass 
destruction. Department of Defense resources, including personnel of 
the Department of Defense, may be used to provide such assistance if--
            ``(A) the Secretary of Defense and the Attorney General 
        determine that an emergency situation involving biological 
        weapons of mass destruction exists; and
            ``(B) the Secretary of Defense determines that the 
        provision of such assistance will not adversely affect the 
        military preparedness of the United States.
    ``(2) As used in this section, `emergency situation involving 
biological weapons of mass destruction' means a circumstance involving 
a biological weapon of mass destruction--
            ``(A) that poses a serious threat to the interests of the 
        United States; and
            ``(B) in which--
                    ``(i) civilian expertise is not readily available 
                to provide the required assistance to counter the 
                threat posed by the biological weapon of mass 
                destruction involved;
                    ``(ii) Department of Defense special capabilities 
                and expertise are needed to counter the threat posed by 
                the biological weapon of mass destruction involved; and
                    ``(iii) enforcement of the law would be seriously 
                impaired if the Department of Defense assistance were 
                not provided.
    ``(3) The assistance referred to in paragraph (1) includes the 
operation of equipment (including equipment made available under 
section 372 of title 10) to monitor, contain, disable, or dispose of a 
biological weapon of mass destruction or elements of the weapon.
    ``(4) The Attorney General and the Secretary of Defense shall 
jointly issue regulations concerning the types of assistance that may 
be provided under this subsection. Such regulations shall also describe 
the actions that Department of Defense personnel may take in 
circumstances incident to the provision of assistance under this 
subsection. Such regulations shall not authorize arrest or any 
assistance in conducting searches and seizures that seek evidence 
related to violations of this section, except for the immediate 
protection of human life.
    ``(5) The Secretary of Defense shall require reimbursement as a 
condition for providing assistance under this subsection in accordance 
with section 377 of title 10.
    ``(6)(A) Except to the extent otherwise provided by the Attorney 
General, the Deputy Attorney General may exercise the authority of the 
Attorney General under this subsection. The Attorney General may 
delegate the Attorney General's authority under this subsection only to 
the Associate Attorney General or an Assistant Attorney General and 
only if the Associate Attorney General or Assistant Attorney General to 
whom delegated has been designated by the Attorney General to act for, 
and to exercise the general powers of, the Attorney General.
    ``(B) Except to the extent otherwise provided by the Secretary of 
Defense, the Deputy Secretary of Defense may exercise the authority of 
the Secretary of Defense under this subsection. The Secretary of 
Defense may delegate the Secretary's authority under this subsection 
only to an Under Secretary of Defense or an Assistant Secretary of 
Defense and only if the Under Secretary or Assistant Secretary to whom 
delegated has been designated by the Secretary to act for, and to 
exercise the general powers of, the Secretary.''.
    (b) Chemical Weapons of Mass Destruction.--The chapter 113B of 
title 18, United States Code, that relates to terrorism, is amended by 
inserting after section 2332a the following:
``Sec. 2332b. Use of chemical weapons
    ``(a) Offense.--A person who without lawful authority uses, or 
attempts or conspires to use, a chemical weapon--
            ``(1) against a national of the United States while such 
        national is outside of the United States;
            ``(2) against any person within the United States; or
            ``(3) against any property that is owned, leased or used by 
        the United States or by any department or agency of the United 
        States, whether the property is within or outside of the United 
        States,
shall be imprisoned for any term of years or for life, and if death 
results, shall be punished by death or imprisoned for any term of years 
or for life.
    ``(b) Definitions.--For purposes of this section--
            ``(1) the term `national of the United States' has the 
        meaning given in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22)); and
            ``(2) the term `chemical weapon' means any weapon that is 
        designed to cause widespread death or serious bodily injury 
        through the release, dissemination, or impact of toxic or 
        poisonous chemicals or their precursors.
    ``(c)(1) Military Assistance.--The Attorney General may request 
that the Secretary of Defense provide assistance in support of 
Department of Justice activities relating to the enforcement of this 
section in an emergency situation involving chemical weapons of mass 
destruction. Department of Defense resources, including personnel of 
the Department of Defense, may be used to provide such assistance if--
            ``(A) the Secretary of Defense and the Attorney General 
        determine that an emergency situation involving chemical 
        weapons of mass destruction exists; and
            ``(B) the Secretary of Defense determines that the 
        provision of such assistance will not adversely affect the 
        military preparedness of the United States.
    ``(2) As used in this section, `emergency situation involving 
chemical weapons of mass destruction' means a circumstance involving a 
chemical weapon of mass destruction--
            ``(A) that poses a serious threat to the interests of the 
        United States; and
            ``(B) in which--
                    ``(i) civilian expertise is not readily available 
                to provide the required assistance to counter the 
                threat posed by the chemical weapon of mass destruction 
                involved;
                    ``(ii) Department of Defense special capabilities 
                and expertise are needed to counter the threat posed by 
                the biological weapon of mass destruction involved; and
                    ``(iii) enforcement of the law would be seriously 
                impaired if the Department of Defense assistance were 
                not provided.
    ``(3) The assistance referred to in paragraph (1) includes the 
operation of equipment (including equipment made available under 
section 372 of title 10) to monitor, contain, disable, or dispose of a 
chemical weapon of mass destruction or elements of the weapon.
    ``(4) The Attorney General and the Secretary of Defense shall 
jointly issue regulations concerning the types of assistance that may 
be provided under this subsection. Such regulations shall also describe 
the actions that Department of Defense personnel may take in 
circumstances incident to the provision of assistance under this 
subsection. Such regulations shall not authorize arrest or any 
assistance in conducting searches and seizures that seek evidence 
related to violations of this section, except for the immediate 
protection of human life.
    ``(5) The Secretary of Defense shall require reimbursement as a 
condition for providing assistance under this subsection in accordance 
with section 377 of title 10.
    ``(6)(A) Except to the extent otherwise provided by the Attorney 
General, the Deputy Attorney General may exercise the authority of the 
Attorney General under this subsection. The Attorney General may 
delegate the Attorney General's authority under this subsection only to 
the Associate Attorney General or an Assistant Attorney General and 
only if the Associate Attorney General or Assistant Attorney General to 
whom delegated has been designated by the Attorney General to act for, 
and to exercise the general powers of, the Attorney General.
    ``(B) Except to the extent otherwise provided by the Secretary of 
Defense, the Deputy Secretary of Defense may exercise the authority of 
the Secretary of Defense under this subsection. The Secretary of 
Defense may delegate the Secretary's authority under this subsection 
only to an Under Secretary of Defense or an Assistant Secretary of 
Defense and only if the Under Secretary or Assistant Secretary to whom 
delegated has been designated by the Secretary to act for, and to 
exercise the general powers of, the Secretary.''.
    (c)(1) Civilian expertise.--The President shall take reasonable 
measures to reduce civilian law enforcement officials' reliance on 
Department of Defense resources to counter the threat posed by the use 
or potential use of biological and chemical weapons of mass destruction 
within the United States, including--
            (A) increasing civilian law enforcement expertise to 
        counter such threat;
            (B) improving coordination between civilian law enforcement 
        officials and other civilian sources of expertise, both within 
        and outside the Federal Government, to counter such threat.
    (2) Report requirement.--The President shall submit to the 
Congress--
            (A) ninety days after the date of enactment of this Act, a 
        report describing the respective policy functions and 
        operational roles of Federal agencies in countering the threat 
        posed by the use or potential use of biological and chemical 
        weapons of mass destruction within the United States;
            (B) one year after the date of enactment of this Act, a 
        report describing the actions planned to be taken and the 
        attendant cost pertaining to paragraph (1); and
            (C) three years after the date of enactment of this Act, a 
        report updating the information provided in the reports 
        submitted pursuant to subparagraphs (A) and (B), including 
        measures taken pursuant to paragraph (1).
    (d) Clerical Amendment.--The chapter analysis for chapter 113B of 
title 18, United States Code, is amended by inserting after the item 
relating to section 2332a the following:

``2332b. Use of chemical weapons.''.
    (e) Use of Weapons of Mass Destruction.--Section 2332a(a) of title 
18, United States Code, is amended by inserting ``without lawful 
authority'' after ``A person who''.

SEC. 909. REVISION TO EXISTING AUTHORITY FOR MULTIPOINT WIRETAPS.

    (a) Section 2518(11)(b)(ii) of title 18 is amended: by deleting 
``of a purpose, on the part of that person, to thwart interception by 
changing facilities.'' and inserting ``that the person had the intent 
to thwart interception or that the person's actions and conduct would 
have the effect of thwarting interception from a specified facility.''.
    (b) Section 2518(11)(b)(iii) is amended to read:
            ``(iii) the judge finds that such showing has been 
        adequately made.''.

SEC. 910. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE UNITED 
              STATES PARK POLICE.

    (a) In General.--There are authorized to be appropriated from the 
General Fund of the Treasury for the activities of the United States 
Park Police, to help meet the increased needs of the United States Park 
Police, $1,000,000 for each of the fiscal years 1996, 1997, 1998, 1999, 
and 2000.
    (b) Availability of Funds.--Funds made available pursuant to this 
section, in any fiscal year, shall remain available until expended.

SEC. 911. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE 
              ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS.

    (a) In General.--There are authorized to be appropriated from the 
General Fund of the Treasury for the activities of the Administrative 
Office of the United States Courts, to help meet the increased needs of 
the Administrative Office of the United States Courts, $4,000,000 for 
each of the fiscal years 1996, 1997, 1998, 1999, and 2000.
    (b) Availability of Funds.--Funds made available pursuant to this 
section, in any fiscal year, shall remain available until expended.

SEC. 912. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE UNITED 
              STATES CUSTOMS SERVICE.

    (a) In General.--There are authorized to be appropriated from the 
General Fund of the Treasury for the activities of the United States 
Customs Service, to help meet the increased needs of the United States 
Customs Service, $10,000,000 for each of the fiscal years 1996, 1997, 
1998, 1999, and 2000.
    (b) Availability of Funds.--Funds made available pursuant to this 
section, in any fiscal year, shall remain available until expended.

SEC. 913. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.

                   TITLE X--VICTIMS OF TERRORISM ACT

SEC. 1001. TITLE.

    This title may be cited as the ``Victims of Terrorism Act of 
1995''.

SEC. 1002. AUTHORITY TO PROVIDE ASSISTANCE AND COMPENSATION TO VICTIMS 
              OF TERRORISM.

    The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is 
amended by inserting after section 1404A the following new section:

``SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM OR 
              MASS VIOLENCE.

    ``(a) Victims of Acts of Terrorism Outside the United States.--The 
Director may make supplemental grants to States to provide compensation 
and assistance to the residents of such States who, while outside the 
territorial boundaries of the United States, are victims of a terrorist 
act or mass violence and are not persons eligible for compensation 
under title VIII of the Omnibus Diplomatic Security and Antiterrorism 
Act of 1986.
    ``(b) Victims of Domestic Terrorism.--The Director may make 
supplemental grants to States for eligible crime victim compensation 
and assistance programs to provide emergency relief, including crisis 
response efforts, assistance, training, and technical assistance, for 
the benefit of victims of terrorist acts or mass violence occurring 
within the United States and may provide funding to United States 
Attorney's Offices for use in coordination with State victims 
compensation and assistance efforts in providing emergency relief.''.

SEC. 1003. FUNDING OF COMPENSATION AND ASSISTANCE TO VICTIMS OF 
              TERRORISM, MASS VIOLENCE, AND CRIME.

    Section 1402(d)(4) of the Victims of Crime Act of 1984 (42 U.S.C. 
10601(d)(4)) is amended to read as follows:
            ``(4)(A) If the sums available in the Fund are sufficient 
        to fully provide grants to the States pursuant to section 
        1403(a)(1), the Director may retain any portion of the Fund 
        that was deposited during a fiscal year that was in excess of 
        110 percent of the total amount deposited in the Fund during 
        the preceding fiscal year as an emergency reserve. Such reserve 
        shall not exceed $50,000,000.
            ``(B) The emergency reserve may be used for supplemental 
        grants under section 1404B and to supplement the funds 
        available to provide grants to States for compensation and 
        assistance in accordance with sections 1403 and 1404 in years 
        in which supplemental grants are needed.''.

SEC. 1004. CRIME VICTIMS FUND AMENDMENTS.

    (a) Unobligated Funds.--Section 1402 of the Victims of Crime Act of 
1984 (42 U.S.C. 10601) is amended--
            (1) in subsection (c), by striking ``subsection'' and 
        inserting ``chapter''; and
            (2) by amending subsection (e) to read as follows:
    ``(e) Amounts Awarded and Unspent.--Any amount awarded as part of a 
grant under this chapter that remains unspent at the end of a fiscal 
year in which the grant is made may be expended for the purpose for 
which the grant is made at any time during the 2 succeeding fiscal 
years, at the end of which period, any remaining unobligated sums shall 
be returned to the Fund.''.
    (b) Base Amount.--Section 1404(a)(5) of such Act (42 U.S.C. 
10603(a)(5)) is amended to read as follows:
            ``(5) As used in this subsection, the term `base amount' 
        means--
                    ``(A) except as provided in subparagraph (B), 
                $500,000; and
                    ``(B) for the territories of the Northern Mariana 
                Islands, Guam, American Samoa, and Palau, $200,000.''.
            Passed the Senate June 7 (legislative day, June 5), 1995.

            Attest:

                                                             Secretary.
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104th CONGRESS

  1st Session

                                 S. 735

_______________________________________________________________________

                                 AN ACT

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