152
‘‘(3) ‘United States’ includes all areas under
the jurisdiction of the United States including any
of the places within the provisions of sections 5 and
7 of this title and section 101(38) of the Federal
Aviation Act of 1958, as amended (49 U.S.C. App.
1301(38)).
‘‘§ 2340A. Torture
‘‘(a) Whoever outside the United States commits or
attempts to commit torture 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 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 alleged offender is a national
of the United States; or (2) the alleged offender is present
in the United States, irrespective of the nationality of the
victim or the alleged offender.
‘‘§ 2340B. Exclusive remedies
‘‘Nothing in this chapter shall be construed as pre-
cluding the application of State or local laws on the same
subject, nor shall anything in this chapter be construed
as creating any substantive or procedural right enforceable
by law by any party in any civil proceeding.’’.
153
(b) CLERICAL AMENDMENT.—The table of chapters
for part I of title 18, United States Code, is amended by
inserting after the item for chapter 113A the following
new item:
‘‘113B. Torture ..................................................................................... 2340.’’.
(c) EFFECTIVE DATE.—This section shall take effect
on the later of—
(1) the date of enactment of this section; or
(2) the date the United States has become a
party to the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punish-
ment.
SEC. 707. 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-
154
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. 708. 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 fol-
lows:
‘‘(b) REQUIRED CERTIFICATION.—The Director of
the Federal Bureau of Investigation, or his or her designee
in a position not lower than Deputy Assistant Director,
may—
155
‘‘(1) request the name, address, length of serv-
ice, and toll billing records of a person or entity if
the Director (or his or her designee in a position not
lower than Deputy Assistant Director) certifies in
writing to the wire or electronic communication serv-
ice provider 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
or her designee in a position not lower than Deputy
Assistant Director) certifies in writing to the wire or
electronic communication service provider to which
the request is made that—
156
‘‘(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.’’.
157
(b) REPORT TO JUDICIARY COMMITTEES.—Section
2709(e) of title 18, United States Code, is amended by
adding after ‘‘Senate’’ the following: ‘‘, and the Commit-
tees on the Judiciary of the Senate and the House of Rep-
resentatives,’’.
SEC. 
709. 
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 follow-
ing:
‘‘§ 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 in-
jury 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 dis-
rupts 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
158
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 di-
rected 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 air-
port 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-
159
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. 710. 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-
160
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. Violations of Federal aviation security regulations.’’.
SEC. 711. COUNTERFEITING UNITED STATES CURRENCY
ABROAD.
(a) IN GENERAL.—Chapter 25 of title 18, United
States Code, is amended by adding before section 471 the
following new section:
‘‘§ 470. 
Counterfeit 
acts 
committed 
outside 
the
United States
‘‘Whoever, outside the United States, engages in the
act of—
‘‘(1) making, dealing, or possessing any coun-
terfeit obligation or other security of the United
States; or
‘‘(2) making, dealing, or possessing any plate,
stone, or other thing, or any part thereof, used to
counterfeit such obligation or security,
if such act would constitute a violation of section 471, 473,
or 474 of this title if committed within the United States,
161
shall be fined under this title, imprisoned for not more
than 20 years, or both.’’.
(b) TABLE OF SECTIONS.—The table of sections for
chapter 25 of title 18, United States Code, is amended
by adding before section 471 the following:
‘‘470. Counterfeit acts committed outside the United States.’’.
(c) TABLE OF CHAPTERS.—The table of chapters at
the beginning of part I of title 18, United States Code,
is amended by striking the item for chapter 25 and insert-
ing the following:
‘‘25. Counterfeiting and forgery ...................................................
470’’.
SEC. 712. ENHANCEMENT OF PENALTIES FOR TERRORIST
CRIMES.
Pursuant to its authority under section 944 of title
28, United States Code, the United States Sentencing
Commission shall amend its sentencing guidelines to pro-
vide an appropriate enhancement of the punishment for
any felony, whether committed within or outside the
United States, that involves or is intended to promote
international terrorism, unless such involvement or intent
is itself an element of the crime.
SEC. 713. 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—
162
(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) whom the Attorney General deter-
mines (I) is in possession of critical reliable in-
formation concerning a criminal organization or
enterprise, and (II) is willing to supply such in-
formation to Federal or State law enforcement
authorities 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 en-
terprise,
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
163
amended by inserting at the beginning the following
new paragraph:
‘‘(1) The Attorney General may, in his or her discre-
tion, waive the application of subsection (a) (other than
paragraph (3)(E) thereof) in the case of a nonimmigrant
described in section 101(a)(15)(S), if the Attorney Gen-
eral deems it in the national interest. Any such waiver
shall be deemed a waiver of any comparable ground for
deportation 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
164
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
165
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).
166
‘‘(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. 714. PROVIDING MATERIAL SUPPORT TO TERRORISTS.
(a) OFFENSE.—Chapter 113A of title 18, United
States Code, is amended by adding the following new sec-
tion:
167
‘‘§ 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 in-
volved 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.’’.
168
TITLE VIII—SEXUAL VIOLENCE
AND CHILD ABUSE
Subtitle A—Sexual Abuse
SEC. 801. SEXUAL ABUSE AMENDMENTS.
(a) DEFINITIONS OF SEXUAL ACT AND SEXUAL CON-
TACT FOR VICTIMS UNDER THE AGE OF 16.—Paragraph
(2) of section 2245 of title 18, United States Code,
is amended—
(1) in subparagraph (B), by striking ‘‘or’’ after
the semicolon;
(2) in subparagraph (C) by striking ‘‘; and’’
and inserting in lieu thereof ‘‘; or’’; and
(3) by inserting a new subparagraph (D) as fol-
lows:
‘‘(D) the intentional touching, not through
the clothing, of the genitalia of another person
who has not attained the age of 16 years with
an intent to abuse, humiliate, harass, degrade,
or arouse or gratify the sexual desire of any
person;’’.
Subtitle B—Child Protection
SEC. 802. PURPOSES.
The purposes of this subtitle are—
(1) to establish a national system through
which child care organizations may obtain the bene-
169
fit of a nationwide criminal background check to de-
termine if persons who are current or prospective
child care providers have committed child abuse
crimes or other serious crimes;
(2) to establish minimum criteria for State laws
and procedures that permit child care organizations
to obtain the benefit of nationwide criminal back-
ground checks to determine if persons who are cur-
rent or prospective child care providers have commit-
ted child abuse crimes or other serious crimes;
(3) to provide procedural rights for persons who
are subject to nationwide criminal background
checks, including procedures to challenge and correct
inaccurate background check information;
(4) to establish a national system for the re-
porting by the States of child abuse crime informa-
tion; and
(5) to document and study the problem of child
abuse by providing statistical and informational data
on child abuse and related crimes to the Department
of Justice and other interested parties.
SEC. 803. DEFINITIONS.
For the purposes of this subtitle—
(1) the term ‘‘authorized agency’’ means a divi-
sion or office of a State designated by a State to re-