I
103D CONGRESS
1ST SESSION
H. R. 1301
To combat terrorism.
IN THE HOUSE OF REPRESENTATIVES
MARCH 10, 1993
Mr. SCHUMER (for himself and Mr. SENSENBRENNER) introduced the
following bill; which was referred to the Committee on the Judiciary
A BILL
To combat terrorism.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Terrorism Prevention
and Protection Act of 1993’’.
TITLE I—DOMESTIC TERRORISM
SEC. 101. DOMESTIC TERRORISM.
(a) IN GENERAL.—Chapter 113A of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 2339. Domestic terrorism
‘‘(a) Whoever commits a terrorist act in or affecting
interstate or foreign commerce shall be subject to the
death penalty if death results, and in any other case shall
be fined under this title or imprisoned any term or years
or for life.
‘‘(b) As used in this section, the term ‘terrorist act’
means any crime of violence that appears to be intended—
‘‘(1) to influence or to be in retaliation for the
policy or conduct of a government;
‘‘(2) to intimidate or coerce a civilian popu-
lation; or
‘‘(3) to affect the conduct of a government by
assassination or kidnapping.’’.
(b) CLERICAL AMENDMENTS.—The table of sections
at the beginning of chapter 113A of title 18, United States
Code, is amended by adding at the end the following:
‘‘2339. Domestic terrorism.’’.
SEC. 102. ENHANCED PENALTIES FOR CERTAIN OFFENSES.
(a) SECTION 1705(b).—Section 206(b) of the Inter-
national Economic Emergency Powers Act (50 U.S.C.
1705(b)) is amended by striking ‘‘$50,000’’ and inserting
‘‘$1,000,000’’.
(b) SECTION 1705(a).—Section 206(a) of the Inter-
national Economic Emergency Powers Act (50 U.S.C.
1705(a)) is amended by striking ‘‘$10,000’’ and inserting
‘‘$1,000,000’’.
(c) SECTION 1541.—Section 1541 of title 18, United
States Code, is amended—
(1) 
by 
striking 
‘‘$500’’ 
and 
inserting
‘‘$250,000’’; and
(2) by striking ‘‘one year’’ and inserting ‘‘five
years’’.
(d) CHAPTER 75.—Sections 1542, 1543, 1544 and
1546 of title 18, United States Code, are each amended—
(1) by striking ‘‘$2,000’’ each place it appears
and inserting ‘‘$250,000’’; and
(2) by striking ‘‘five years’’ each place it ap-
pears and inserting ‘‘ten years’’.
(e) SECTION 1545.—Section 1545 of title 18, United
States Code, is amended—
(1) 
by 
striking 
‘‘$2,000’’ 
and 
inserting
‘‘$250,000’’; and
(2) by striking ‘‘three years’’ and inserting ‘‘ten
years’’.
SEC. 103. WEAPONS OF MASS DESTRUCTION.
(a) FINDINGS.—The Congress finds that the use and
threatened use of weapons of mass destruction, as defined
in the statute enacted by subsection (b) of this section,
gravely harm the national security and foreign relations
interests of the United States, seriously affect interstate
and foreign commerce, and disturb the domestic tran-
quility of the United States.
(b) OFFENSE.—Chapter 113A of title 18, United
States Code, as added by the preceding section, is amend-
ed by inserting after section 2332 the following new sec-
tion:
‘‘§ 2332a. Use of weapons of mass destruction
‘‘(a) Whoever uses, or attempts or conspires to use,
a weapon of mass destruction—
‘‘(1) against a national of the United States
while such national is outside of the United States;
‘‘(2) against any person within the United
States; or
‘‘(3) against any property that is owned, leased
or used by the United States or by any department
or agency of the United States, whether the property
is within or outside of the United States;
shall be imprisoned for any term of years or for life, and
if death results, shall be punished by death or imprisoned
for any term of years or for life.
‘‘(b) For purposes of this section—
‘‘(1) ‘national of the United States’ has the
meaning given in section 101(a)(22) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(22));
and
‘‘(2) ‘weapon of mass destruction’ means—
‘‘(a) any destructive device as defined in
section 921 of this title;
‘‘(b) poison gas;
‘‘(c) any weapon involving a disease orga-
nism; or
‘‘(d) any weapon that is designed to release
radiation or radioactivity at a level dangerous
to human life.’’.
(c) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 113A of title 18, United States
Code, is amended by inserting after the item relating to
section 2332 the following:
‘‘2332a. Use of weapons of mass destruction.’’.
SEC. 104. EXTENSION OF THE STATUTE OF LIMITATIONS
FOR CERTAIN TERRORISM OFFENSES.
(a) IN GENERAL.—Chapter 213 of title 18, United
States Code, is amended by inserting after section 3285
the following:
‘‘§ 3286. Extension of statute of limitations for certain
terrorism offenses
‘‘Notwithstanding the provisions of section 3282, no
person shall be prosecuted, tried, or punished for any of-
fense involving a violation of section 32 (aircraft destruc-
tion), section 36 (airport violence), section 112 (assaults
upon diplomats), section 351 (crimes against Congress-
men or Cabinet officers), section 1116 (crimes against dip-
lomats), section 1203 (hostage taking), section 1361 (will-
ful injury to government property), section 1751 (crimes
against the President), section 2280 (maritime violence),
section 2281 (maritime platform violence), section 2331
(terrorist acts abroad against United States nationals),
section 2339 (use of weapons of mass destruction), or sec-
tion 2340A (torture) of this title or section 902 (i), (j),
(k), (l), or (n) of the Federal Aviation Act of 1958, as
amended (49 U.S.C. App. 1572 (i), (j), (k), (l), or (n)),
unless the indictment is found or the information is insti-
tuted within ten years next after such offense shall have
been committed.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 213 is amended by inserting
below the item for:
‘‘3285. Criminal contempt.’’.
the following:
‘‘3286. Extension of statute of limitations for certain terrorism offenses.’’.
SEC. 105. F.B.I. ACCESS TO TELEPHONE SUBSCRIBER IN-
FORMATION.
(a) REQUIRED CERTIFICATION.—Section 2709(b) of
title 18, United States Code, is amended to read as
follows:
‘‘(b) REQUIRED CERTIFICATION.—The Director of
the Federal Bureau of Investigation, or his designee in
a position not lower than Deputy Assistant Director,
may—
‘‘(1) request the name, address, length of serv-
ice, and toll billing records of a person or entity if
the Director (or his designee in a position not lower
than Deputy Assistant Director) certifies in writing
to the wire or electronic communication service pro-
vider to which the request is made that—
‘‘(A) the name, address, length of service,
and toll billing records sought are relevant to
an authorized foreign counterintelligence inves-
tigation; and
‘‘(B) there are specific and articulable
facts giving reason to believe that the person or
entity to whom the information sought pertains
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. 1801); and
‘‘(2) request the name, address, and length of
service of a person or entity if the Director (or his
designee in a position not lower than Deputy Assist-
ant Director) certifies in writing to the wire or elec-
tronic communication service provider to which the
request is made that—
‘‘(A) the information sought is relevant to
an authorized foreign counterintelligence inves-
tigation; and
‘‘(B) there are specific and articulable
facts giving reason to believe that communica-
tion facilities registered in the name of the per-
son or entity have been used, through the serv-
ices of such provider, in communication with—
‘‘(i) an individual who is engaging or
has engaged in international terrorism as
defined in section 101(c) of the Foreign
Intelligence Surveillance Act or clandestine
intelligence activities that involve or may
involve a violation of the criminal statutes
of the United States; or
‘‘(ii) a foreign power or an agent of a
foreign power under circumstances giving
reason to believe that the communication
concerned international terrorism as de-
fined in section 101(c) of the Foreign In-
telligence Surveillance Act or clandestine
intelligence activities that involve or may
involve a violation of the criminal statutes
of the United States.’’.
(b) REPORT TO JUDICIARY COMMITTEES.—Section
2709(e) of title 18, United States Code, is amended by
adding after ‘‘Senate’’ the following: ‘‘, and the Committee
on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate,’’.
SEC. 
106. 
VIOLENCE 
AT 
AIRPORTS 
SERVING 
INTER-
NATIONAL CIVIL AVIATION.
(a) OFFENSE.—Chapter 2 of title 18, United States
Code, is amended by adding at the end thereof the
following:
‘‘§ 36. Violence at international airports
‘‘(a) Whoever unlawfully and intentionally, using any
device, substance or weapon—
‘‘(1) performs an act of violence against a per-
son at an airport serving international civil aviation
which causes or is likely to cause serious bodily
injury or death; or
‘‘(2) destroys or seriously damages the facilities
of an airport serving international civil aviation or a
civil aircraft not in service located thereon or
disrupts the services of the airport;
if such an act endangers or is likely to endanger safety
at that airport, or attempts to do such an act, shall be
fined under this title or imprisoned not more than twenty
years, or both; and if the death of any person results from
conduct prohibited by this subsection, shall be punished
by death or imprisoned for any term of years or for life.
‘‘(b) There is jurisdiction over the prohibited activity
in subsection (a) if—
‘‘(1) the prohibited activity takes place in the
United States and—
‘‘(A) the perpetrator of the prohibited ac-
tivity engages in terrorism or acts on behalf of
a terrorist group;
‘‘(B) the activity violates subsection (a)(1)
and the person against whom the violence is
directed is engaged in international air travel;
‘‘(C) the activity violates subsection (a)(2)
and the facility or aircraft destroyed or dam-
aged is owned by or leased by a foreign flag
carrier or the services disrupted are primarily
for the benefit of such a carrier; or
‘‘(D) the activity is not prohibited as a
crime by the law of the State in which the
airport is located; or
‘‘(2) the prohibited activity takes place outside
of the United States and the offender is later found
in the United States.
‘‘(c) For the purposes of this section, the terms ‘ter-
rorism’ and ‘terrorist group’ have, respectively, the mean-
ings given those terms in section 140 of Public Law 100–
204 (22 U.S.C. 2656f).’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 2 of title 18, United States
Code, is amended by adding at the end the following:
‘‘36. Violence at international airports.’’.
(c) EFFECTIVE DATE.—This section shall take effect
on the later of—
(1) the date of the enactment of this Act; or
(2) the date the Protocol for the Suppression of
Unlawful Acts of Violence at Airports Serving Inter-
national Civil Aviation, Supplementary to the Con-
vention for the Suppression of Unlawful Acts
Against the Safety of Civil Aviation, done at Mon-
treal on 23 September 1971, has come into force
and the United States has become a party to the
Protocol.
SEC. 107. PREVENTING ACTS OF TERRORISM AGAINST CI-
VILIAN AVIATION.
(a) IN GENERAL.—Chapter 2 of title 18, United
States Code, is amended by adding at the end thereof the
following new section:
‘‘§ 37. Violations of Federal aviation security regula-
tions
‘‘Whoever willfully violates a security regulation
under part 107 or 108 of title 14, Code of Federal Regula-
tions (relating to airport and airline security) issued pur-
suant to section 1356 and 1357 of title 49, United States
Code, shall be fined under this title or imprisoned for not
more than one year, or both.’’.
(b) TABLE OF SECTIONS.—The table of sections for
chapter 2 of title 18, United States Code, is amended by
adding at the end thereof the following:
‘‘37. Violation of Federal aviation security regulations.’’.
SEC. 108. ECONOMIC TERRORISM TASK FORCE.
(a) ESTABLISHMENT AND PURPOSE.—There is es-
tablished an Economic Terrorism Task Force to—
(1) assess the threat of terrorist actions di-
rected against the United States economy, including
actions directed against the United States govern-
ment and actions against United States business in-
terests;
(2) assess the adequacy of existing policies and
procedures designed to prevent terrorist actions di-
rected against the United States economy; and
(3) recommend administrative and legislative
actions to prevent terrorist actions directed against
the United States economy.
(b) MEMBERSHIP.—The Economic Terrorism Task
Force shall be chaired by the Secretary of State, or his
designee, and consist of the following members:
(1) the Director of Central Intelligence;
(2) the Director of the Federal Bureau of
Investigation;
(3) the Director of the United States Secret
Service;
(4) the Administrator of the Federal Aviation
Administration;
(5) the Chairman of the Board of Governors of
the Federal Reserve;
(6) the Under Secretary of the Treasury for
Finance; and
(7) such other members of the Departments of
Defense, Justice, State, Treasury, or any other
agency of the United States Government, as the
Secretary of State may designate.
(c) ADMINISTRATIVE PROVISIONS.—The provisions
of the Federal Advisory Committee Act shall not apply
with respect to the Economic Terrorism Task Force.
(d) REPORT.—Not later than 180 days after the date
of enactment of this Act, the chairman of the Economic
Terrorism Task Force shall submit a report to the Presi-
dent and the Congress detailing the findings and rec-
ommendations of the task force. If the report of the task
force is classified, an unclassified version shall be prepared
for public distribution.
SEC. 109. ALIEN WITNESS COOPERATION.
(a) ESTABLISHMENT OF NEW NONIMMIGRANT CLAS-
SIFICATION.—Section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(Q),
(2) by striking the period at the end of sub-
paragraph (R) and inserting ‘‘; or’’, and
(3) by adding at the end the following new sub-
paragraph:
‘‘(S) subject to section 214(j), an alien—
‘‘(i) who the Attorney General determines
(I) is in possession of critical reliable informa-
tion concerning a criminal organization or en-
terprise, and (II) is willing to supply such infor-
mation to Federal or State law enforcement au-
thorities or a Federal or State court of law, and
‘‘(ii) whose presence in the United States
the Attorney General determines is essential to
the success of an authorized criminal investiga-
tion or the successful prosecution of an individ-
ual involved in the criminal organization or
enterprise,
and the spouse and minor children of the alien if ac-
companying, or following to join, the alien.’’.
(b) CONDITIONS OF ENTRY.—
(1) WAIVER OF GROUNDS FOR EXCLUSION.—
Section 212(d) of such Act (8 U.S.C. 1182(d)) is
amended by inserting at the beginning the following
new paragraph:
‘‘(1) The Attorney General may, in his discretion,
waive the application of subsection (a) (other than para-
graph (3)(E) thereof) in the case of a nonimmigrant de-
scribed in section 101(a)(15)(S), if the Attorney General
deems it in the national interest. Any such waiver shall
be deemed a waiver of any comparable ground for deporta-
tion under section 241(a)(1)(A).’’.
(2) NUMERICAL LIMITATIONS; PERIOD OF AD-
MISSION; ETC.—Section 214 of such Act (8 U.S.C.
1184) is amended by adding at the end the following
new subsection:
‘‘(j)(1) The number of aliens who may be provided
a visa as nonimmigrants under section 101(a)(15)(S) in
any fiscal year may not exceed 100.
‘‘(2) No alien may be admitted into the United States
as such a nonimmigrant more than 5 years after the date
of the enactment of this subsection.
‘‘(3) The period of admission of an alien as such a
nonimmigrant may not exceed 3 years. Such period may
not be extended by the Attorney General.
‘‘(4) As a condition for the admission, and continued
stay in lawful status, of such a nonimmigrant, the non-
immigrant (A) shall report not less often than quarterly
to the Commissioner such information concerning the
alien’s whereabouts and activities as the Attorney General
may require, (B) may not be convicted of any criminal
offense in the United States after the date of such admis-
sion, and (C) must have executed a form that waives the
nonimmigrant’s right to contest, other than on the basis
of an application for withholding of deportation, any ac-
tion for deportation of the alien instituted before the alien
obtains lawful permanent resident status.
‘‘(5) The Attorney General shall submit a report an-
nually to the Committees on the Judiciary of the House
of Representatives and of the Senate concerning (A) the
number of such nonimmigrants admitted, (B) the number
of successful criminal prosecutions or investigations re-
sulting from cooperation of such aliens, (C) the number
of such nonimmigrants whose admission has not resulted
in successful criminal prosecution or investigation, and
(D) the number of such nonimmigrants who have failed
to report quarterly (as required under paragraph (4)) or
who have been convicted of crimes in the United States
after the date of their admission as such a non-
immigrant.’’.
(3) PROHIBITION
OF
CHANGE
OF
STATUS.—
Section 248(1) of such Act (8 U.S.C. 1258(1)) is
amended by striking ‘‘or (K)’’ and inserting ‘‘(K), or
(S)’’.
(c) ADJUSTMENT TO PERMANENT RESIDENT STA-
TUS.—
(1) IN GENERAL.—Section 245 of such Act (8
U.S.C. 1255), as amended by section 2(c) of the
Armed Forces Immigration Adjustment Act of 1991,
is amended by adding at the end the following new
subsection:
‘‘(h)(1) If, in the opinion of the Attorney General—
‘‘(A) a nonimmigrant admitted into the United
States under section 101(a)(15)(S) has supplied in-
formation described in clauses (i) and (ii) of such
section, and
‘‘(B) the provision of such information has sub-
stantially contributed to the success of an authorized
criminal investigation or the successful prosecution
of an individual described in clause (ii) of such sec-
tion,
the Attorney General may adjust the status of the alien
(and the spouse and child of the alien if admitted under
such section) to that of an alien lawfully admitted for per-
manent residence if the alien is not described in section
212(a)(3)(E).
‘‘(2) Upon the approval of adjustment of status under
paragraph (1), the Attorney General shall record the
alien’s lawful admission for permanent residence as of the
date of such approval and the Secretary of State shall re-
duce by one the number of visas authorized to be issued
under section 201(d) and 203(b)(4) for the fiscal year
then current.’’.
(2) EXCLUSIVE MEANS OF ADJUSTMENT.—Sec-
tion 245(c) of such Act (8 U.S.C. 1255(c)) is
amended by striking ‘‘or’’ before ‘‘(4)’’ and by in-
serting before the period at the end the following: ‘‘;
or (5) an alien who was admitted as a nonimmigrant
described in section 101(a)(15)(S)’’.
(d) EXTENDING PERIOD OF DEPORTATION FOR CON-
VICTION OF A CRIME.—Section 241(a)(2)(A)(i)(I) of such
Act (8 U.S.C. 1251(a)(2)(A)(i)(I)) is amended by insert-
ing ‘‘(or 10 years in the case of an alien provided lawful
permanent resident status under section 245(h))’’ after
‘‘five years’’.
SEC. 110. PROVIDING MATERIAL SUPPORT TO TERRORISTS.
(a) OFFENSE.—Chapter 113A of title 18, United
States Code, is amended by adding the following new
section:
‘‘§ 2339A. Providing material support to terrorists
‘‘Whoever, within the United States, provides mate-
rial support or resources or conceals or disguises the na-
ture, 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, 36, 351, 844 (f) or (i), 1114, 1116, 1203, 1361, 1363,
1751, 2280, 2281, 2331, or 2339 of this title, or section
902(i) of the Federal Aviation Act of 1958, as amended
(49 U.S.C. App. 1472(i)), or in preparation for or carry-
ing out the concealment of an escape from the commission
of any such violation, shall be fined under this title, im-
prisoned not more than ten years, or both. For purposes
of this section, the term ‘material support or resources’
means currency or other financial securities, financial
services, lodging, training, safehouses, false documenta-
tion or identification, communications equipment, facili-
ties, weapons, lethal substances, explosives, personnel,
transportation, and other physical assets, but does not in-
clude humanitarian assistance to persons not directly
involved in such violations.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 113A of title 18, United States
Code, is amended by adding the following:
‘‘2339A. Providing material support to terrorists.’’.
SEC. 111. HOMICIDES AND ATTEMPTED HOMICIDES IN-
VOLVING FIREARMS IN FEDERAL FACILITIES.
Section 930 of title 18, United States Code, is
amended by—
(a) redesignating subsections (c), (d), (e), and
(f) as subsections (d), (e), (f), and (g) respectively;
(b) in subsection (a), striking ‘‘(c)’’ and insert-
ing ‘‘(d)’’; and
(c) inserting after subsection (b) the following:
‘‘(c) Whoever kills or attempts to kill any person in
the course of a violation of subsection (a) or (b), or in
the course of an attack on a Federal facility involving the
use of a firearm or other dangerous weapon, shall—
‘‘(1) in the case of a killing constituting murder
as defined in section 1111(a) of this title, be pun-
ished by death or imprisoned for any term of years
or for life; and
‘‘(2) in the case of any other killing or an at-
tempted killing, be subject to the penalties provided
for engaging in such conduct within the special mar-
itime and territorial jurisdiction of the United States
under sections 1112 and 1113 of this title.’’.
SEC. 112. DEATH PENALTY FOR CERTAIN EXPLOSIVES OF-
FENSES WHEN DEATH RESULTS.
Section 844 of title 18, United States Code, is
amended—
(1) in subsection (d), by striking ‘‘as provided
in section 34 of this title’’;
(2) in subsection (f), by striking ‘‘as provided
in section 34 of this title’’; and
(3) in subsection (i), by striking ‘‘as provided in
section 34 of this title’’.
SEC. 113. SENTENCING GUIDELINES INCREASE FOR TER-
RORIST CRIMES.
The United States Sentencing Commission is directed
to amend its sentencing guidelines to provide an increase
of not less than three levels in the base offense level for
any felony, whether committed within or outside the Unit-
ed States, that involves or is intended to promote inter-
national terrorism, unless such involvement or intent is
itself an element of the crime.
TITLE II—EXPLOSIVES
SEC. 201. TAGGANTS FOR EXPLOSIVE MATERIALS.
(a) DEFINITIONS.—Section 841 of title 18, United
States Code, is amended by adding at the end the
following:
‘‘(o) ‘Identification taggant’ means any substance
which—
‘‘(1) is added to an explosive material during
the manufacture of the material; and
‘‘(2) after detonation—
‘‘(A) is retrievable;
‘‘(B) permits the identification of the man-
ufacturer and the date of manufacture, of the
material; and
‘‘(C) provides such other information as
the Secretary may require.
‘‘(p) ‘Detective taggant’ means any substance
which—
‘‘(1) is added to an explosive material during
the manufacture of the material; and
‘‘(2) permits the detection of the material be-
fore its detonation.’’.
(b) PROHIBITIONS.—
(1) IN GENERAL.—Section 842 of such title is
amended by adding at the end the following:
‘‘(l)(1) It shall be unlawful for any person knowingly
to manufacture any explosive material which does not con-
tain an identification taggant which meets standards
which shall be promulgated by the Secretary under section
847.
‘‘(2) It shall be unlawful for any person knowingly
to manufacture any explosive material which does not con-
tain a detection taggant which meets standards which
shall be promulgated by the Secretary under section 847.
‘‘(3) It shall be unlawful for any person knowingly
to transport, ship, distribute, receive, or otherwise dispose
of, or cause to be transported, shipped, distributed, re-
ceived, or otherwise disposed of, in interstate or foreign
commerce, any explosive material which does not contain
an identification taggant which meets standards which
shall be promulgated by the Secretary under section 847.
The shipment of surplus explosive materials by a private
person, from a military establishment where sold, to the
purchaser’s place of business, shall be in accordance with
regulations which shall be promulgated by the Secretary.
‘‘(4) It shall be unlawful for any person knowingly
to transport, ship, distribute, receive, or otherwise dispose
of, or cause to be transported, shipped, distributed, re-
ceived, or otherwise disposed of, in interstate or foreign
commerce, any explosive material which does not contain
a detection taggant which meets standards which shall be
promulgated by the Secretary under section 847. The
shipment of surplus explosive materials, by a private per-
son from a military establishment where sold, to the pur-
chaser’s place of business, shall be in accordance with
regulations which shall be promulgated by the Secretary.
‘‘(5) It shall be unlawful for any person knowingly
to import any explosive material which does not contain
an identification taggant which meets standards which
shall be promulgated by the Secretary under section 847.
‘‘(6) It shall be unlawful for any person knowingly
to import any explosive material which does not contain
a detection taggant which meets standards which shall be
promulgated by the Secretary under section 847.
‘‘(7) Paragraphs (1) through (6) shall not apply to
any explosive material designated by the President or the
designee of the President as an explosive material to be
used by a department, agency, or instrumentality of the
Federal Government for national defense or international
security purposes.’’.
(2) REPORTS ON DESIGNATED EXPLOSIVE MA-
TERIALS.—The President or the designee of the
President shall promptly report to the Secretary of
the Treasury any designation of explosive materials
pursuant to section 842(l)(7) of title 18, United
States Code.
(c) PENALTIES.—Section 844(a) of such title is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(2) by adding at the end the following:
‘‘(2) Any person who violates section 842(l)(1) shall
be fined under this title, imprisoned not more than 10
years, or both.’’.
(d) EXCEPTIONS.—Section 845(a) of such title is
amended by adding at the end the following: ‘‘Notwith-
standing the preceding sentence, section 842(l)(1) shall
apply to the matters described in paragraphs (4) and (5)
of this subsection.’’.
(e) EFFECTIVE DATES.—(1) Except as otherwise
provided in this section, the amendments made by this sec-
tion shall take effect 1 year after the date of the enact-
ment of this Act.
(2) Paragraph (2) section 842(l) of title 18, United
States Code, shall take effect 2 years after such date of
enactment.
(3) Paragraph (3) of such section shall take effect
2 years after such date of enactment.
(4) Paragraph (4) of such section shall take effect
3 years after such date of enactment.
(5) Paragraph (5) of such section shall take effect
1 year after such date of enactment.
(6) Paragraph (6) of such section shall take effect
2 years after such date of enactment.
(f) DELAYED EFFECTIVE DATES.—
(1) IN GENERAL.—The Secretary of the Treas-
ury shall by regulation delay one or more of the ef-
fective dates provided for in subsection (e) by exten-
sions of not more than one year at a time until the
Secretary is satisfied that identification and detec-
tion taggants (as defined in section 841 of title 18,
United States Code)—
(A) are available in sufficient quantity for
commercial purposes;
(B) will not impair the quality of explosive
materials for their intended use;
(C) are not unsafe; and
(D) will not adversely affect the environ-
ment.
(2) PRIOR
NOTICE
TO
THE
CONGRESS.—The
Secretary shall inform the Congress 60 days before
delaying the effective date of any provision of law
pursuant to paragraph (1), specifying the reasons
for the delay, and estimating the time the Secretary
expects the provision of law will become effective.
TITLE III—ILLEGAL
IMMIGRATION
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Immigration
Preinspection Act of 1993’’.
SEC. 302. PREINSPECTION AT FOREIGN AIRPORTS.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended by inserting after section 235 the following
new section:
‘‘PREINSPECTION AT FOREIGN AIRPORTS
‘‘SEC. 235A. (a) ESTABLISHMENT OF ADDITIONAL
PREINSPECTION
STATIONS
AT
HIGH
VOLUME
AIR-
PORTS.—Subject to subsection (c), not later than 2 years
after the date of the enactment of this section, the Attor-
ney General, in consultation with the Secretary of State,
shall establish and maintain preinspection stations in at
least 3 of the foreign airports that are among the 10 for-
eign airports which the Attorney General identifies as
serving as last points of departure for the greatest num-
bers of passengers who arrive from abroad by air at ports
of entry within the United States. Such preinspection sta-
tions shall be in addition to any preinspection stations es-
tablished or authorized to be established prior to the date
of the enactment of this section.
‘‘(b) 
ESTABLISHMENT
OF
ADDITIONAL
PREINSPECTION STATIONS AT CERTAIN FOREIGN AIR-
PORTS FROM WHICH UNDOCUMENTED ALIENS DEPART
FOR THE UNITED STATES.—
‘‘(1) REPORTS TO CONGRESS.—Not later than
November 1, 1993, and each subsequent November
1, the Attorney General shall compile and submit to
the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary
of the Senate a report identifying the foreign air-
ports which served as last points of departure for
aliens who arrived by air at United States ports of
entry without valid documentation during the pre-
ceding fiscal year. Such report shall indicate the
number and nationality of such aliens arriving from
each such foreign airport.
‘‘(2) 
ESTABLISHMENT
OF
ADDITIONAL
PREINSPECTION
STATIONS.—Subject to subsection
(c), not later than November 1, 1995, the Attorney
General, in consultation with the Secretary of State,
shall establish preinspection stations in at least 3 of
the foreign airports that are among the 10 foreign
airports identified in the first report submitted
under paragraph (1) as serving as the last points of
departure for the greatest number of aliens who ar-
rive from abroad by air at points of entry within the
United States without valid documentation. Such
preinspection stations shall be in addition to any
preinspection stations established or authorized to be
established either under subsection (a) or prior to
the date of the enactment of this section.
‘‘(3) ESTABLISHMENT OF CARRIER CONSULT-
ANT PROGRAM.—The Attorney General shall assign
additional immigration officers to any foreign air-
port identified in the first report submitted under
paragraph (1) which served as a point of departure
for a significant number of arrivals at United States
ports of entry without valid documentation, but
where no preinspection station is established.
‘‘(c) 
CONDITIONS
FOR
ESTABLISHMENT
OF
PREINSPECTION.—Prior to the establishment of a
preinspection station the Attorney General, in consultation
with the Secretary of State, shall ensure that—
‘‘(1) employees of the United States stationed
at the preinspection station and their accompanying
family members will receive appropriate protection,
‘‘(2) such employees and their families will not
be subject to unreasonable risks to their welfare and
safety, and
‘‘(3) the country in which the preinspection sta-
tion is to be established maintains practices and pro-
cedures with respect to asylum seekers and refugees
in accordance with the Convention Relating to the
Status of Refugees (done at Geneva, July 28, 1951)
or the Protocol Relating to the Status of Refugees
(done at New York, January 31, 1967).’’.
(b) CLERICAL AMENDMENT.—The table of contents
of such Act is amended by inserting after the item relating
to section 235 the following new item:
‘‘Sec. 235A. Preinspection at foreign airports.’’.
SEC. 303. VISA WAIVER PROGRAM.
(a) PERMANENCY OF PROGRAM.—Section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187) is
amended—
(1) by amending the section heading to read as
follows:
‘‘VISA WAIVER PROGRAM FOR CERTAIN VISITORS’’;
(2) in the heading of subsection (a), (a)(2), and
(c) by striking ‘‘PILOT’’ and ‘‘PILOT’’ each place ei-
ther appears and inserting ‘‘VISA WAIVER’’ and
‘‘VISA WAIVER’’, respectively;
(3) by striking ‘‘pilot’’ each place it appears
and inserting ‘‘visa waiver’’;
(4) in subsection (a)(1) by striking ‘‘during the
pilot program period (as defined in subsection (e)),’’;
(5) in subsection (c)(3) by striking ‘‘(within the
pilot program period) after the initial period’’;
(6) in subsection (c) by striking paragraph (4);
(7) 
in 
subsection 
(e)(1)(A) 
by 
striking
‘‘(a)(1)(A)’’ and inserting ‘‘(a)(1)’’; and
(8) by striking subsection (f).
(b) ELIMINATION OF REQUIREMENT FOR EXECU-
TION OF IMMIGRATION FORMS.—Section 217 of such Act
is further amended—
(1) in subsection (a) by striking paragraph (3);
(2) in subsection (a) by redesignating para-
graphs (4) through (7) as paragraphs (3) through
(6); and
(3) in subsection (e)(1) by striking ‘‘subsection
(a)(4)’’ and inserting ‘‘subsection (a)(3)’’.
(c) EXCLUSION AND DEPORTATION OF APPLICANTS
FOR ADMISSION UNDER VISA WAIVER PROGRAM.—Sec-
tion 217(b) of such Act is amended to read as follows:
‘‘(b) EXCLUSION AND DEPORTATION OF APPLICANTS
FOR ADMISSION UNDER VISA WAIVER PROGRAM.—
‘‘(1) EXCLUSION.—
‘‘(A) An immigration officer’s determina-
tion that an applicant for admission under this
section is not clearly and beyond a doubt enti-
tled to land shall constitute a final order of ex-
clusion and deportation, enforceable pursuant
to section 237. Pending such a determination,
the Attorney General may maintain such appli-
cant in custody.
‘‘(B) The procedure described in section
236 shall not apply to an order issued under
this paragraph.
‘‘(2) DEPORTATION.—
‘‘(A) Notwithstanding any other provision
of law, an alien admitted to the United States
under this section who is determined, pursuant
to such regulations as the Attorney General
shall prescribe, to be subject to deportation
shall be deported pursuant to section 243. An
immigration officer’s determination under this
subsection shall constitute a final order of de-
portation. Pending such determination, the At-
torney General may maintain such alien in cus-
tody.
‘‘(B) The procedure described in section
242 shall not apply to an order issued under
this paragraph.
‘‘(3) REVIEW.—Notwithstanding any other pro-
vision of law or the failure of a carrier to provide the
notice described in subsection (e)(1)(D), an alien
who applies for admission to the United States
under this section shall not be entitled—
‘‘(A) to review or appeal under this Act of
an immigration officer’s determination as to the
admissibility of the alien at the port of entry
into the United States, or
‘‘(B) subject to paragraph (4), to contest
an immigration officer’s determination under
paragraph (2).
‘‘(4) ASYLUM.—The Attorney General shall es-
tablish a procedure for an alien who is applying for
admission under this section or who has been admit-
ted under this section to apply for asylum under
section 208.
‘‘(5) TREATMENT
OF
NATIONALS
OF
VISA
WAIVER COUNTRIES.—An alien who—
‘‘(A) is a national of a visa waiver program
country or claims to be a national of a visa
waiver country, and
‘‘(B) is not in possession of a valid visa,
shall be considered to be an applicant for
admission under this section.’’.
(d) CARRIER AGREEMENTS.—Section 217(e)(1) of
such Act is amended—
(1) in subparagraph (B) by striking ‘‘and’’;
(2) in subparagraph (C) by striking the period
at the end and inserting ‘‘; and’’; and
(3) by inserting after subparagraph (C) the
following new subparagraph:
‘‘(D) to provide passengers applying for
admission to the United States under this sec-
tion with written notification that they are not
entitled (i) to any appeal or review of an immi-
gration officer’s determination of admissibility,
or (ii) to contest any action for deportation.’’.
(e) CLERICAL AMENDMENT.—The item in the table
of contents of such Act relating to section 217 is amended
to read as follows:
‘‘Sec. 217. Visa waiver program for certain visitors.’’.
SEC. 304. EXPEDITING AIRPORT IMMIGRATION PROCESS-
ING.
(a) PASSENGER MANIFESTS.—
(1) ELECTRONIC PASSENGER MANIFESTS.—Sec-
tion 231(a) of the Immigration and Nationality Act
(8 U.S.C. 1221(a)) is amended in the first sentence
by striking ‘‘typewritten’’ and inserting ‘‘electronic,
typewritten,’’.
(2) INFORMATION CONTAINED IN PASSENGER
MANIFEST.—Section 231(a) of such Act (8 U.S.C.
1221(a)) is further amended by inserting imme-
diately before the period at the end of the second
sentence ‘‘, except that regulations concerning the
information contained in such lists may not require
information other than the full name, date of birth,
passport number, and citizenship of the person
transported, and information identifying the flight
on which the person was transported’’.
(b) INSPECTION BY IMMIGRATION OFFICERS.—Sec-
tion 235(a) of the Immigration and Nationality Act (8
U.S.C. 1225(a)) is amended by adding after the second
sentence the following: ‘‘Except as the Attorney General
may provide, nothing in this section shall be construed as
requiring a personal interview in the conduct of an exam-
ination or inspection.’’.
(c) PROVISION OF IMMIGRATION INSPECTION AND
PREINSPECTION SERVICES.—
(1) IN GENERAL.—Section 286 of the Immigra-
tion and Nationality Act (8 U.S.C. 1356) is amend-
ed—
(A) in subsection (g) by striking ‘‘forty-
five’’ and inserting ‘‘thirty’’; and
(B) in subsection (l)—
(i) by striking ‘‘forty-five’’ and insert-
ing ‘‘thirty’’; and
(ii) by striking ‘‘March 31st’’ and in-
serting ‘‘January 31st’’.
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) shall apply to passengers arriving
on or after 60 days after the date of the enactment
of this Act.
(d) EXPEDITED PROCESS FOR THE INSPECTION OF
CITIZENS.—
(1) IN GENERAL.—Section 235A of the Immi-
gration and Nationality Act, as inserted by section
1(a) of this Act, is amended—
(A) in the heading, by adding at the end
the following: ‘‘; EXPEDITED PROCESS FOR THE
INSPECTION OF CITIZENS’’, and
(B) by adding at the end the following new
subsection:
‘‘(d) EXPEDITED PROCESS FOR THE INSPECTION OF
CITIZENS.—Not later than 90 days after the date of the
enactment of this section, the Attorney General shall im-
plement an expedited process for the inspection of United
States citizens upon arrival from abroad by air at ports
of entry within the United States. An expedited process
shall be maintained except during a national or airport
specific security emergency as determined by the Attorney
General.’’.
(2) CLERICAL AMENDMENT.—The item in the
table of contents of such Act relating to section
‘‘(1) seizes or exercises control over a fixed
platform by force or threat thereof or any other
form of intimidation;
‘‘(2) performs an act of violence against a per-
son on board a fixed platform if that act is likely to
endanger its safety;
‘‘(3) destroys a fixed platform or causes dam-
age to it which is likely to endanger its safety;
‘‘(4) places or causes to be placed on a fixed
platform, by any means whatsoever, a device or sub-
stance which is likely to destroy that fixed platform
or likely to endanger its safety;
‘‘(5) injures or kills any person in connection
with the commission or the attempted commission of
any of the offenses set forth in paragraphs (1)
through (4); or
‘‘(6) attempts to do anything prohibited under
paragraphs (1) through (5);
shall be fined under this title or imprisoned not more than
twenty years, or both; and if death results to any person
from conduct prohibited by this subsection, shall be pun-
ished by death or imprisoned for any term of years or for
life.
‘‘(b) Whoever threatens to do anything prohibited
under paragraphs (2) or (3) of subsection (a), with appar-