```

[Congressional Record Volume 141, Number 88 (Thursday, May 25, 1995)]
[Senate]
[Pages S7553-S7570]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

______

                  DOLE (AND OTHERS) AMENDMENT NO. 1199

  Mr. HATCH (for Mr. Dole for himself, Mr. Hatch, Mr. Nickles, Mr. 
Inhofe, Mr. Gramm, Mr. Brown, Mr. Thurmond, Mr. Simpson, Mr. DeWine and 
Mr. Kyl) proposed an amendment to the bill S. 735, supra; as follows:
       Strike all after the enacting clause and insert the 
     following:

     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.

              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. [[Page S7554]] 

        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. Funding source.
Sec. 527. 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 on tagging of explosive materials.

                     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. Severability.
             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), (b), (c), or (f), 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 destructs, 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 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 any manner in 
     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 [[Page S7555]] amended by inserting 
     ``or section 2332b'' after ``section 924(c)''.

     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(b) of title 49, United States Code, 
     is amended by striking ``one'' and inserting ``ten''.

     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, fined the greater of $100,000 or the cost of 
     repairing or replacing any property that is damaged or 
     destroyed, or both.
       ``(2) Whoever engages in conduct prohibited by this 
     subsection shall be imprisoned 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, or both, if the conduct results in personal injury 
     to any person, including any public safety officer performing 
     duties, as a direct or proximate result of such conduct.
       ``(3) Whoever engages in conduct prohibited by this 
     subsection shall be imprisoned for any term of years, for 
     life, or sentenced to death, fined the greater of $200,000 or 
     the cost of repairing or replacing any property that is 
     damaged or destroyed, or both, if the conduct results in 
     death to any person, including any public safety officer 
     performing duties, as a direct or proximate result of such 
     conduct.'';
       (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''.
              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.

       ``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.''.

     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 [[Page S7556]] 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.--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) 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 [[Page S7557]] 

       (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 determined 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 item of 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 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 permit the alien to prepare a defense.
       ``(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, the Department of Justice shall be afforded 
     reasonable opportunity 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, the special removal hearing shall be terminated 
     unless the court, after reviewing the classified information 
     in camera and ex parte finds, by clear and convincing 
     evidence, that--
       ``(i) the alien's continued presence in the United States--
       ``(I) would cause serious and irreparable harm to the 
     national security; or
       ``(II) would likely cause imminent death or serious bodily 
     injury to any person; and
       ``(ii) provision of the required unclassified summary--
       ``(I) would cause serious and irreparable harm to the 
     national security; or
       ``(II) would likely cause imminent death or serious bodily 
     injury to any person.
       ``(F) If such finding is issued, the special removal 
     hearing shall continue. The Department of Justice shall cause 
     to be delivered to the alien a statement declaring that no 
     unclassified summary is possible. The alien may take an 
     interlocutory appeal of a determination to proceed under this 
     paragraph.
       ``(G) In no event may the court order the disclosure of the 
     unclassified summary or the classified information.
       ``(H) If no unclassified summary pursuant to subparagraph 
     (E) is possible, the Attorney General shall--
       ``(i) identify the facts that the specific evidence would 
     tend to prove; and
       ``(ii) provide the alien with notice that no unclassified 
     summary is possible and that states that the alien's 
     continued presence in the United States poses a serious 
     threat to national security or imminent death or bodily 
     injury to any person.
       ``(I)(i) 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 by the judge pursuant to 
     subparagraph (B) concerning whether an item of evidence may 
     be introduced in camera and ex parte;
       ``(II) any determination by the judge concerning the 
     contents of any summary of evidence to be introduced in 
     camera and ex [[Page S7558]] parte prepared pursuant to 
     subparagraph (D); or
       ``(III) the refusal of the court to make the finding 
     permitted by subparagraph (D).
       ``(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.
       ``(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 [[Page S7559]] 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. 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) Notwithstanding any other provision of law, 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. 1252(a)) is amended--
       (A) in paragraph (1)--
       (i) by striking ``aggravated felonies (as defined in 
     section 101(a)(43))'' 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 
     60 days after the date on which the Secretary of State 
     submits the report, unless otherwise provided by 
     law. [[Page S7560]] 
       ``(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 60 days 
     after publication of such designation in the Federal 
     Register.
       ``(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 [[Page S7561]] 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 [[Page S7562]] 
       ``(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 [[Page S7563]] 
       ``(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; and
       (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--
       (i) hire new agents; and
       (ii) 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 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.--The Attorney General shall allocate funds 
     made available under this subsection to each State based on 
     the population of the State as reported in the most recent 
     decennial census of the population.

     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 [[Page S7564]] 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 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.

     SEC. 526. 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. 527. 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:

[[Page S7565]]

       ``(h) Notwithstanding any other provision of law, in all 
     proceedings brought under this section, and any subsequent 
     proceedings on review, appointment of counsel for an 
     applicant 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.
       ``(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.
       ``In all proceedings brought under this section, and any 
     subsequent proceedings on review, appointment of 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).
     [[Page S7566]]
     
     ``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 made retroactively applicable to cases on 
     collateral review by the Supreme Court; 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 [[Page S7567]] 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--
       (1) in paragraph (4)(A), by striking ``shall'' and 
     inserting ``may'';
       (2) in paragraph (4)(B), by striking ``shall'' and 
     inserting ``may''; and
       (3) 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.

       (a) In General.--Section 2332a of title 18, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by inserting ``threatens,'' before ``attempts''; and
       (B) by inserting ``that has moved in, or affected 
     interstate commerce'' after ``destruction'';
       (2) by redesignating subsection (b) as subsection (c);
       (3) by adding immediately after subsection (a) the 
     following new subsection: [[Page S7568]] 
       ``(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.''; 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;''.
       (b) Definition of Destructive Device.--Section 921(a)(4)(A) 
     of title 18, United States Code, is amended by striking 
     ``poison gas'' and inserting ``poisonous chemical agent or 
     substance''.
       (c) Conforming Amendment.--Section 5845(f)(1) of the 
     Internal Revenue Code of 1986 is amended by striking ``poison 
     gas'' and inserting ``poisonous chemical agent or 
     substance''.

     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, during or on account of the performance 
     of their official duties, 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 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''; [[Page S7569]] 
       (B) in paragraph (2), by inserting ``conspired or'' after 
     ``has placed,''; and
       (C) in paragraph (3), by inserting ``conspired or'' after 
     ``has placed,''.

     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), 
     C2H4(NO3)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), 
     C6H12(NO2)2, molecular weight 176, when 
     the minimum concentration in the finished explosive is 0.1 
     percent by mass;
       ``(3) Para-Mononitrotoluene (p-MNT), 
     C7H7NO2, molecular weight 137, when the 
     minimum concentration in the finished explosive is 0.5 
     percent by mass;
       ``(4) Ortho-Mononitrotoluene (o-MNT), 
     C7H7NO2, 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 10-4 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 effective date of section 801 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 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 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 effective date of section 801 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.

       The amendments made by this section shall take effect 1 
     year after the date of the enactment of this Act.

     SEC. 708. STUDY ON TAGGING OF EXPLOSIVE MATERIALS.

       (a) Study.--The Attorney General in consultation with the 
     Secretary of the Treasury shall conduct a study, as soon as 
     is practicable after the date of enactment of this Act, and 
     make recommendations concerning--
       (1) tagging of explosive materials for purposes of 
     identification and detection; [[Page S7570]] 
       (2) the possibility and practicality of rendering inert, 
     common chemicals used in manufacturing explosives and the 
     potential costs of implementing such controls;
       (3) the possibility and feasibility of imposing controls on 
     certain precursor chemicals used to manufacture explosives; 
     and
       (4) the potential cost of such control materials.
       (b) Consultation.--In carrying out this section, the 
     Attorney General shall consult with other Federal, State, and 
     local officials and private industry sources with expertise 
     in tagging of explosive materials, representatives from 
     affected industries, and such other individuals as the 
     Attorney General may require.
       (c) Report.--The Attorney General, or a designee of the 
     Attorney General, shall prepare and submit to the President 
     and the Congress a report containing--
       (1) a detailed explanation of the findings and 
     determinations made in the study conducted pursuant to 
     subsection (a);
       (2) summaries of other studies pertaining to tagging 
     explosives and the results of those studies;
       (3) the prospective costs and benefits of any 
     recommendations made;
       (4) the impact on the safety, manufacturing, and 
     distribution of affected products; and
       (5) the anticipated benefits for law enforcement.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                     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. 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.
     

                          ____________________
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