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Sec. 2. Table of contents.
Sec. 3. Findings and purposes.
TITLE I—SUBSTANTIVE CRIMINAL LAW ENHANCEMENTS
Sec. 101. Acts of terrorism transcending national boundaries.
Sec. 102. Conspiracy to harm people or property overseas.
Sec. 103. Clarification and extension of criminal jurisdiction over certain terror-
ism offense overseas.
TITLE II—IMMIGRATION LAW IMPROVEMENTS
Sec. 201. Alien terrorist removal procedures.
Sec. 202. Changes to the Immigration and Nationality Act to facilitate removal
of alien terrorists.
Sec. 203. Access to certain confidential INS files through court order.
TITLE III—CONTROLS OVER TERRORIST FUND-RAISING
Sec. 301. Terrorist fund-raising prohibited.
TITLE IV—CONVENTION ON THE MARKING OF PLASTIC
EXPLOSIVES
Sec. 401. Short title.
Sec. 402. Findings and purposes.
Sec. 403. Definitions.
Sec. 404. Requirement of detection agents for plastic explosives.
Sec. 405. Criminal sanctions.
Sec. 406. Exceptions.
Sec. 407. Investigative authority.
Sec. 408. Effective date.
TITLE V—NUCLEAR MATERIALS
Sec. 501. Expansion of nuclear materials prohibitions.
TITLE VI—PROCEDURAL AND TECHNICAL CORRECTIONS AND
IMPROVEMENTS
Sec. 601 Correction to material support provision.
Sec. 602. Expansion of weapons of mass destruction statute.
Sec. 603. Addition of terrorist offenses to the RICO statute.
Sec. 604. Addition of terrorist offenses to the money laundering statute.
Sec. 605. Authorization for interception of communications in certain terrorism
related offenses.
Sec. 606. Clarification of maritime violence jurisdiction.
Sec. 607. Expansion of Federal jurisdiction over bomb threats.
Sec. 608. Increased penalty for explosives conspiracies.
Sec. 609. Amendment to include assaults, murder, and threats against former
Federal officials on account of the performance of their official
duties.
Sec. 610. Addition of conspiracy to terrorism offenses.
TITLE VII—ANTITERRORISM ASSISTANCE
Sec. 701. Findings.
Sec. 702. Antiterrorism assistance amendments.
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SEC. 3. FINDINGS AND PURPOSES.
(a) The Congress finds and declares:
(1) International terrorism remains a serious
and deadly problem which threatens the interests of
the United States both overseas and within its terri-
tory. States or organizations that practice terrorism
or actively support it should not be allowed to do so
without serious consequence.
(2) International terrorism directed against
United States interests must be confronted by the
appropriate use of the full array of tools available to
the President, including diplomatic, military, eco-
nomic and prosecutive actions.
(3) The Nation’s security interests are seriously
impacted by terrorist attacks carried out overseas
against United States Government facilities, officials
and other American citizens present in foreign coun-
tries.
(4) United States foreign policy interests are
profoundly affected by terrorist acts overseas espe-
cially those directed against friendly foreign govern-
ments and their people and those intended to under-
mine the peaceful resolution of disputes in the Mid-
dle East and other troubled regions.
(5) Since the Iranian Revolution of 1979, the
defeat of the Soviet Union in Afghanistan, the peace
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initiative in the Middle East, and the fall of com-
munism throughout Eastern Europe and the former
Soviet Union, international terrorism has become a
more complex problem, with new alliances emerging
among terrorist organizations.
(6) Violent crime is a pervasive international
problem and is exacerbated by the free international
movement of drugs, firearms, explosives and individ-
uals dedicated to performing acts of international
terrorism who travel using false or fraudulent docu-
mentation.
(7) While international terrorists move freely
from country to country, ordinary citizens and for-
eign visitors often fear to travel to or through cer-
tain parts of the world due to concern about terror-
ist violence.
(8) In addition to the destruction of property
and devastation to human life, the occurrence of an
international terrorist event results in a decline of
tourism and affects the marketplace, thereby having
an adverse impact on interstate and foreign com-
merce and economies of friendly nations.
(9) International terrorists, violating the sov-
ereignty of foreign countries, attack dissidents and
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former colleagues living in foreign countries, includ-
ing the United States.
(10) International terrorists, both inside and
outside the United States, carefully plan attacks and
carry them out in foreign countries against innocent
victims.
(11) There are increasing intelligence indica-
tions of networking between different international
terrorist organizations leading to their increased co-
operation and sharing of information and resources
in areas of common interest.
(12) In response, increased international coordi-
nation of legal and enforcement issues is required,
pursuant, for example, to the numerous multilateral
conventions in force providing universal prosecutive
jurisdiction over persons involved in a variety of ter-
rorist acts, including hostage taking, murder of an
internationally protected person, and aircraft piracy
and sabotage.
(13) Until recently, United States asylum proc-
essing procedures have been complicated and often
duplicative, providing a powerful incentive for indi-
viduals, including terrorists, without a genuine
claim, to apply for asylum and remain in the United
States.
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(14) The United States Constitution grants
Congress the power to establish a uniform rule of
naturalization and to make all laws necessary and
proper thereto.
(15) Part of that power authorizes the Con-
gress to establish laws directly applicable to alien
conduct within the United States that harms the
foreign relations, domestic tranquility or national se-
curity of the United States.
(16) While the vast majority of aliens justify
the trust placed in them by United States immigra-
tion policies, an dangerous few utilized access to the
United States to carry out their terrorist activity to
the detriment of this Nation’s national security and
foreign policy interests. Accordingly, international
terrorist organizations have been able to create sig-
nificant infrastructures and cells in the United
States among aliens who are in this country either
temporarily or as permanent resident aliens.
(17) International terrorist organizations, act-
ing through affiliated groups and/or individuals,
have been raising significant funds within the Unit-
ed States, often through misrepresentation of their
purposes or subtle forms of extortion, or using the
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United States as a conduit for transferring funds
among countries.
(18) The provision of funds to organizations
that engage in terrorism serves to facilitate their
terrorist activities regardless of whether the funds,
in whole or in part, are intended or claimed to be
used for non-violent purposes.
(19) Certain foreign governments and inter-
national terrorist organizations have directed their
members or sympathizers residing in the United
States to take measures in support of terrorist acts,
either within or outside the United States.
(20) Present Federal law does not adequately
reach all terrorist activity likely to be engaged in by
aliens within the United States.
(21) Law enforcement officials have been hin-
dered in using current immigration law to deport
alien terrorists because the law fails to provide pro-
cedures to protect classified intelligence sources and
information. Moreover, a few high ranking members
of terrorist organizations have been naturalized as
United States citizens because denial of such natu-
ralizations would have necessitated public disclosure
of highly classified sources and methods. Further-
more, deportation hearings frequently extend over
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(V) wounding in October 1994 two United
States citizens on a crowded street in Jerusa-
lem, Israel;
(W) kidnapping and subsequently murder-
ing in October 1994 a dual citizen of the Unit-
ed States and Israel; and
(X) numerous bombings and murders in
Northern Ireland over the past decade.
(24) Nuclear materials, including byproduct
materials, can be used to create radioactive dispersal
devices which are capable of causing serious bodily
injury as well as substantial damage to property and
the environment.
(25) The potential use of nuclear materials, in-
cluding byproduct materials, enhances the threat
posed by terrorist activities and thereby has a great-
er effect on the security interests of the United
States.
(26) Due to the widespread hazards presented
by the threat of nuclear contamination, as well as
nuclear bombs, the United States has strong interest
in assuring that persons who are engaged in the ille-
gal acquisition and use of nuclear materials, includ-
ing byproduct materials, are prosecuted for their of-
fenses.
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(27) The threat that the nuclear materials will
be obtained and used by terrorist and other criminal
organizations has increased substantially due to
international developments in the years since the en-
actment in 1982 of the legislation which imple-
mented the Convention of the Physical Protection of
Nuclear Material, codified at section 831 of title 18,
United States Code.
(28) The successful effort to obtain agreements
from other countries to dismantle and destroy nu-
clear weapons has resulted in increased packaging
and transportation of nuclear materials, thereby cre-
ating more opportunities for their unlawful diversion
or theft;
(29) The illicit trafficking in the relatively more
common, commercially available and useable nuclear
and byproduct materials poses a potential to cause
significant loss of life and/or environmental damage.
(30) Reported trafficking incidents in the early
1990’s suggest that the individuals involved in traf-
ficking these materials from Eurasia and Eastern
Europe frequently conducted their black market
sales within the Federal Republic of Germany, the
Baltic States, and to a lesser extent in the Middle
European countries.
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(31) The international community has become
increasingly concerned over the illegal possession of
nuclear and nuclear byproduct materials.
(32) The potentially disastrous ramifications of
increased access by terrorists to nuclear and nuclear
byproduct material pose such a significant future
threat that the United States must use all lawful
methods available to combat the illegal use of such
materials.
(33) The United States has an interest in en-
couraging United States corporations to do business
in the countries which comprised the former Soviet
Union, as well as in other developing democracies;
protection of such corporations from threats created
by the unlawful use of nuclear materials is impor-
tant to encourage such business ventures, and to
further the foreign relations and commerce of the
United States.
(34) The nature of nuclear contamination is
such that it may affect the health, environment, and
property of United States nationals even if the acts
which constitute the illegal activity occur outside the
territory of the United States, and are primarily di-
rected toward non-nationals of the United States.
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(35) Plastic explosives were used by terrorists
in the bombings of Pan Am flight 103 in December
1988 and UTA flight 772 in September 1989.
(36) Plastic explosives currently can be used
with little likelihood of detection for acts of unlawful
interference with civil aviation, maritime navigation,
and other modes of transportation.
(37) The marking of plastic explosives for the
purpose of detection would contribute significantly to
the prevention and punishment of such unlawful
acts.
(38) In order to deter and detect the unlawful
use of plastic explosives, the Convention on the
Marking of Plastic Explosives for Purpose of Detec-
tion, done at Montreal on 1 March 1991, requires
each contracting State to adopt appropriate meas-
ures to ensure that plastic explosives are duly
marked and controlled.
The Congress further finds:
(39) Such international terrorist offenses place
innocent lives in jeopardy, endanger national secu-
rity, affect domestic tranquility, and gravely impact
on interstate and foreign commerce.
(40) Such international terrorist offenses in-
volved international associations, communication,
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and mobility which can often be addressed effectively
only at the Federal law enforcement level.
(41) There previously has been no Federal
criminal statute which provides a comprehensive
basis for addressing acts of international terrorism
carried out within the United States.
(42) There previously has been no Federal pro-
vision that specifically prohibits fund raising within
the United States on behalf of international terrorist
organizations.
(43) There previously has been no adequate
procedure under the immigration law that permits
the expeditious removal of resident and non-resident
alien terrorists.
(44) There previously has been no Federal
criminal statute which provides adequate protection
to United States interests from non-weapons grade,
yet hazardous radioactive material, and from the il-
legal diversion of nuclear materials which are held
for other than peaceful purposes.
(45) There previously has been no Federal law
that requires the marking of plastic explosives to im-
prove their detectability.
(46) Congress has the power under the inter-
state and foreign commerce clause, and other provi-
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sions of the Constitution, to enact the following
measures against international terrorism in order to
help ensure the integrity and safety of the Nation.
(b) The purposes of this Act are to provide—
(1) Federal law enforcement the necessary tools
and fullest possible basis allowed under the Con-
stitution of the United States to address, pursuant
to the rule of law, acts of international terrorism oc-
curring within the United States, or directed against
the United States or its nationals anywhere in the
world;
(2) the Federal Government the fullest possible
basis, consistent with the Constitution, of the United
States, to prevent persons and organizations within
the jurisdiction of the United States from providing
funds, directly or indirectly, to organizations, includ-
ing subordinate or affiliated persons, designated by
the President as engaging in terrorism, unless au-
thorized under this Act;
(3) procedures which, consistent with principles
of fundamental fairness, will allow the government
to deport resident and non-resident alien terrorists
promptly without compromising intelligence sources
and methods;
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‘‘(B) international terrorists have dem-
onstrated their intention and capability of car-
rying out attacks within the United States by,
for example, bombing The World Trade Center
in New York and undertaking attacks, includ-
ing assassinations, against former colleagues
and opponents who have taken up residence in
this country;
‘‘(C) United States foreign policy interests
are seriously affected by terrorist acts within
the United States directed against foreign gov-
ernments and their people;
‘‘(D) such offenses place innocent lives in
jeopardy, endanger national security, affect do-
mestic tranquility, and gravely impact on inter-
state and foreign commerce;
‘‘(E) such offenses involve international as-
sociations, communication, and mobility which
often can be addressed effectively only at the
Federal law enforcement level; and
‘‘(F) there previously has been no Federal
criminal statute which provides a comprehensive
basis for addressing acts of international terror-
ism carried out within the United States.
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‘‘(2) The purpose of this section is to provide
Federal law enforcement the fullest possible basis al-
lowed under the Constitution to address acts of
international terrorism occurring within the United
States.
‘‘(b) PROHIBITED ACTS.—
‘‘(1) Whoever, in a circumstance described in
subsection (c),
‘‘(A) kills, kidnaps, maims, commits an as-
sault resulting in serious bodily injury, or as-
saults with a dangerous weapon any individual
within the United States; or
‘‘(B) destroys or damages any structure,
conveyance or other real or personal property
within the United States
in violation of the laws of any State or the United
States shall be punished as prescribed in subsection
(d).
‘‘(2) Whoever threatens to commit an offense
under subsection (b)(1), or attempts or conspires so
to do, shall be punished as prescribed in subsection
(d).
‘‘(c) JURISIDICTIONAL BASES.—The circumstances
referred to in subsection (b) are—
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‘‘(1) any of the offenders travels in commerce
with the intent to commit the offense or to escape
apprehension after the commission of such offense;
‘‘(2) the mail, or any facility utilized in any
manner in commerce, is used in furtherance of the
commission of the offense or to effect the escape of
any offender after the commission of such offense;
‘‘(3) the offense obstructs, delays or affects
commerce in any way or degree or would have so ob-
structed, delayed or affected commerce if the offense
had been consummated;
‘‘(4) the victim, or intended victim, is the Unit-
ed States Government or any official, officer, em-
ployee or agent of the legislative, executive or judi-
cial branches, or of any department or agency, of
the United States;
‘‘(5) the structure, conveyance or other real or
personal property (A) was used in commerce or in
any activity affecting commerce, or (B) was in whole
or in part owned, possessed, or used by, or leased to
(I) the United States, or any department or agency
thereof, or (II) any institution or organization re-
ceiving Federal financial assistance or insured by
any department or agency of the United States;
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‘‘(6) any victim, or intended victim, of the of-
fense is, at the time of the offense, traveling in com-
merce;
‘‘(7) any victim, intended victim or offender is
not a national of the United States;
‘‘(8) the offense is committed in the territorial
sea (including the airspace above and the seabed and
subsoil below, and artificial islands and fixed struc-
tures erected thereon) of the United States; or
‘‘(9) the offense is committed in those places
within the United States that are in the special mar-
itime and territorial jurisdiction of the United
States.
Jurisdiction 
shall 
exist 
over 
all 
principals 
and
coconspirators of an offense under subsection (b), and ac-
cessories after the fact to any offense based upon sub-
section (b), if at least one of the above circumstances is
applicable to at least one offender.
‘‘(d) PENALTIES.—Whoever violates this section
shall, in addition to the punishment provided for any other
crime charged in the indictment, be punished—
‘‘(1) for a killing or if death results to any per-
son from any other conduct prohibited by this sec-
tion by death, or by imprisonment for any term of
years or for life;
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‘‘(2) for kidnapping, by imprisonment for any
term of years or for life;
‘‘(3) for maiming, by imprisonment for not
more than thirty-five years;
‘‘(4) for assault with a dangerous weapon or as-
sault resulting in serious bodily injury, by imprison-
ment for not more than thirty years;
‘‘(5) for destroying or damaging any structure,
conveyance or other real or personal property, by im-
prisonment for not more than twenty-five years;
‘‘(6) for attempting or conspiring to commit an
offense, for any term of years up to the maximum
punishment that would have applied had the offense
been completed; and
‘‘(7) for threatening to commit an offense
under this section, by imprisonment for not more
than ten years.
Notwithstanding any other provision of law, the court
shall not place on probation any person convicted of a vio-
lation of this section; nor shall the term of imprisonment
imposed under this section run concurrently with any
other term of imprisonment.
‘‘(e) LIMITATION ON PROSECUTION.—No indictment
for any offense described in this section shall be sought
by the United States except after the Attorney General,
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or the highest ranking subordinate of the Attorney Gen-
eral with responsibility for criminal prosecutions, has
made a written certification that, in the judgment of the
certifying official, such offense, or any activity preparatory
to its commission, transcended national boundaries and
that the offense appears to have been intended to coerce,
intimidate, or retaliate against a government or a civilian
population, including any segment thereof.
‘‘(f) INVESTIGATIVE RESPONSIBILITY.—Violations of
this section shall be investigated by the Attorney General.
Assistance may be requested from any Federal, State or
local agency, including the Army, Navy, and Air Force,
any statute, rule, or regulation to the contrary notwith-
standing.
‘‘(g) EVIDENCE.—
‘‘(1) The prosecution is not required to prove
knowledge by any defendant of a jurisdictional base
alleged in the indictment.
‘‘(2) In a prosecution under this section that is
based upon the adoption of State law, only the ele-
ments of the offense under State law, and not any
provisions pertaining to criminal procedure or evi-
dence, are adopted.
‘‘(h) EXTRATERRITORIAL JURISDICTION.—There is
extraterritorial Federal jurisdiction (1) over any offense
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under subsection (b), including any threat, attempt, or
conspiracy to commit such offense, and (2) over conduct
which, under section 3 of this title, renders any person
an accessory after the fact to an offense under subsection
(b).
‘‘(i) DEFINITIONS.—As used in this section, the
term—
‘‘(1) ‘commerce’ has the meaning given such
term in section 1951(b)(3) of this title;
‘‘(2) ‘facility utilized in any manner in com-
merce’ includes means of transportation, commu-
nication, and transmission;
‘‘(3) ‘national of the United States’ has the
meaning prescribed in section 101(a)(22) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(22));
‘‘(4) ‘serious bodily injury’ has the meaning
prescribed in section 1365(g)(3) of this title;
‘‘(5) ‘State’ includes a State of the United
States, the District of Columbia, and any common-
wealth, territory or possession of the United States;
and
‘‘(6) ‘territorial sea of the United States’ means
all waters extending seaward to 12 nautical miles
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SEC. 102. CONSPIRACY TO HARM PEOPLE AND PROPERTY
OVERSEAS.
(a) Section 956 of chapter 45 of title 18, United
States Code, is amended to read as follows:
‘‘§ 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, regard-
less of where such other person or persons are 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 terri-
torial 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 subsection (a)(2).
‘‘(2) The punishment for an offense under subsection
(a)(1) of this section 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 thirty-
five 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 are located, to injure
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(5) inserting ‘‘956,’’ before ‘‘1114.’’
SEC. 103. CLARIFICATION AND EXTENSION OF CRIMINAL
JURISDICTION OVER CERTAIN TERRORISM
OFFENSES OVERSEAS.
(a) Section 46502(b) of title 49, United States Code,
is amended by—
(1) in paragraph (1), striking ‘‘and later found
in the United States’’;
(2) amending paragraph (2) to read as follows:
‘‘(2) There is 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 Unit-
ed States; or
‘‘(C) an offender is afterwards found in the
United States.’’; and
(3) inserting a new paragraph (3) as follows:
‘‘(3) For purposes of this subsection, the term
‘national of the United States’ has the meaning pre-
scribed in section 101(a)(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(22)).’’.
(b) Section 32(b) of title 18, United States Code, is
amended by—
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(1) striking ‘‘, if the offender is later found in
the United States,’’; and
(2) adding at the end the following two new
paragraphs:
‘‘(5) There is jurisdiction over an offense in this
subsection if—
‘‘(A) a national of the United States was
on board, or would have been on board, the air-
craft;
‘‘(B) an offender is a national of the Unit-
ed States; or
‘‘(C) an offender is afterwards found in the
United States.
‘‘(6) For purposes of this subsection, the term
‘national of the United States’ has the meaning pre-
scribed in section 101(a)(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(22)).’’.
(c) Section 1116 of title 18, United States Code, is
amended by—
(1) in subsection (b), adding at the end a new
paragraph (7) as follows:
‘‘(7) ‘national of the United States’ has the
meaning prescribed in section 101(a)(22) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(22)).’’; and
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(2) in subsection (c), striking the first sentence
and inserting the following: ‘‘If the victim of an of-
fense under subsection (a) is an internationally pro-
tected 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) Section 112 of title 18, United States Code, is
amended by—
(1) in subsection (c), inserting ‘‘national of the
United States,’’ before ‘‘and’’; and
(2) in subsection (e), striking the first sentence
and inserting the following: ‘‘If the victim of an of-
fense under subsection (a) is an internationally pro-
tected 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) Section 878 of title 18, United States Code, is
amended by—
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(1) in subsection (c), inserting ‘‘national of the
United States,’’ before ‘‘and’’; and
(2) in subsection (d) striking the first sentence
and inserting the following: ‘‘If the victim of an of-
fense under subsection (a) is an internationally pro-
tected 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) Section 1201(e) of title 18, United States Code,
is amended by—
(1) striking the first sentence and inserting the
following: ‘‘If the victim of an offense under sub-
section (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) adding at the end thereof the following:
‘‘For purposes of this subsection, the term ‘national
of the United States’ has the meaning prescribed in
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section 101(a)(22) of the Immigration and National-
ity Act (8 U.S.C. 1101(a)(22).’’.
(g) Section 37(b)(2) of title 18, United States Code,
is amended—
(1) by inserting ‘‘(A)’’ before ‘‘the offender is
later found in the United States’’; and
(2) by inserting ‘‘; or (B) an offender or a vic-
tim is a national of the United States (as defined in
section 101(a)(22) of the Immigration and National-
ity Act (8 U.S.C. 1101(a)(22)))’’ after ‘‘the offender
is later found in the United States’’.
(h) Section 178 of title 18, United States Code, is
amended by—
(1) striking the ‘‘and’’ at the end of paragraph
(3);
(2) striking the ‘‘period’’ at the end of para-
graph (4) and inserting in lieu thereof ‘‘; and’’; and
(3) adding the following at the end thereof:
‘‘(5) the term ‘national of the United States’
has the meaning prescribed in section 101(a)(22) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).’’.
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TITLE II—IMMIGRATION LAW
IMPROVEMENTS
SEC. 201. ALIEN TERRORIST REMOVAL PROCEDURES.
(a) FINDINGS AND PURPOSE.—
(1) The Congress hereby finds that—
(A) international terrorism is a serious and
deadly problem which threatens the interests of
this Nation overseas and within our territory;
(B) until recently, United States asylum
processing procedures have been complicated
and often duplicative, providing a powerful in-
centive for individuals, including terrorists,
without a genuine claim, to apply for asylum
and remain in the United States;
(C) while most aliens justify the trust
placed in them by our immigration policies, a
dangerous few utilized access to the United
States to create significant infrastructures and
cells in the United States in order to carry out
their terrorist activity to the detriment of the
Nation’s national security and foreign policy in-
terests;
(D) the bombing of the World Trade Cen-
ter exemplifies the danger posed to the United
States and its citizens by alien terrorists;
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(E) similarly, some foreign terrorist orga-
nizations utilize associated aliens within the
United States to raise funds to facilitate their
overseas terrorist acts against United States
nationals as well as against foreign govern-
ments and their citizens; and
(F) current immigration laws and proce-
dures are not effective in addressing the alien
terrorist problem, as they require the govern-
ment to place sensitive intelligence sources and
methods at risk and allow the alien to remain
within the United States for the prolonged pe-
riod necessary to pursue a deportation action.
Moreover, under the current statutory frame-
work a few high ranking members of terrorist
organizations have been naturalized as United
States citizens because denial of such natu-
ralizations would have necessitated public dis-
closure of highly classified sources and methods.
(2) The purpose of this section is to provide
procedures which, consistent with principles of fun-
damental fairness, will allow the government to de-
port alien terrorists promptly without compromising
intelligence sources and methods.
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(b) ALIEN REMOVAL PROCEDURES.—The Immigra-
tion and Nationality Act is amended—
(1) by adding at the end of the table of con-
tents the following:
‘‘TITLE V—ALIEN TERRORIST REMOVAL PROCEDURES
‘‘Sec. 501. Applicability.
‘‘Sec. 502. Special removal hearing.
‘‘Sec. 503. Designation of judges.
‘‘Sec. 504. Miscellaneous provisions.’’;
and
(2) by adding at the end the following new title:
‘‘TITLE V—ALIEN TERRORIST REMOVAL
PROCEDURES
‘‘APPLICABILITY
‘‘SEC. 501. (a) The provisions of this title may be
followed in the discretion of the Department of Justice
whenever the Department of Justice has classified infor-
mation that an alien described in paragraph 4(B) of sec-
tion 241(a), as amended, is subject to deportation because
of such section. For purposes of this title, the terms ‘clas-
sified information’ and ‘national security’ shall have the
meaning prescribed in section 1 of the Classified Informa-
tion Procedures Act, 18 U.S.C. App. III 1.
‘‘(b) Whenever an official of the Department of Jus-
tice files, under section 502, an application with the court
established under section 503 for authorization to seek re-
moval pursuant to the provisions of this title, the alien’s
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rights regarding removal and expulsion shall be governed
solely by the provisions of this title. Except as they are
specifically referenced, no other provisions of the Immigra-
tion and Nationality Act shall be applicable. An alien sub-
ject to removal under these provisions shall have no right
of discovery of information derived from electronic surveil-
lance authorized under the Foreign Intelligence Surveil-
lance Act (50 U.S.C. 1801 et seq.) or otherwise for na-
tional security purposes. Nor shall such alien have the
right to seek suppression of evidence. Further, the govern-
ment is authorized to use, in the removal proceedings, the
fruits of electronic surveillance and/or unconsented phys-
ical searches authorized under the Foreign Intelligence
Surveillance Act without regard to subsections 106(c), (e),
(f), (g), and (h) of that Act. The provisions and require-
ments of section 3504 of title 18, United States Code,
shall not apply to procedures under this title.
‘‘(c) This title is enacted in response to findings of
Congress that aliens described in paragraph 4(B) of sec-
tion 241(a), as amended, represent a unique threat to the
security of the United States. It is the intention of Con-
gress that such aliens be promptly removed from the
United States following—
‘‘(1) a judicial determination of probable cause
to believe that such person is such an alien; and
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‘‘(2) a judicial determination pursuant to the
provisions of this title that an alien is removable on
the grounds that he or she is an alien described in
paragraph 4(B) of section 241(a), as amended.
The Congress furthers intends that, other than as pro-
vided by this title, such aliens shall not be given a deporta-
tion hearing and are ineligible for any discretionary relief
from deportation or for relief under section 243(h).
‘‘SPECIAL REMOVAL HEARING
‘‘SEC. 502. (a) Whenever removal of an alien is
sought pursuant to the provisions of this title, a written
application upon oath or affirmation shall be submitted
in camera and ex parte to the court established under sec-
tion 503 for an order authorizing such a procedure. Each
application shall require the approval of the Attorney Gen-
eral or the Deputy Attorney General based upon his find-
ing that it satisfies the criteria and requirements of such
application as set forth in this title. Each application shall
include—
‘‘(1) the identity of the Department of Justice
attorney making the application;
‘‘(2) the approval of the Attorney General or
the Deputy Attorney General for the making of the
application;
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‘‘(3) the identity of the alien for whom author-
ization for the special removal procedure is sought;
and
‘‘(4) a statement of the facts and circumstances
relied on by the Department of Justice to establish
that—
‘‘(A) the alien is an alien as described in
paragraph 4(B) of section 214(a), as amended,
and is physically present in the United States;
and
‘‘(B) with respect to such alien, adherence
to the provisions of title II regarding the depor-
tation of aliens would pose a risk to the na-
tional security of the United States.
‘‘(b)(1) The application shall be filed under seal with
the court established under section 503. The Attorney
General may take into custody any alien with respect to
whom such an application has been filed and, notwith-
standing any other provision of law, may retain such an
alien in custody in accordance with the procedures author-
ized by this title.
‘‘(2) An alien lawfully admitted for permanent resi-
dence (hereafter referred to as resident alien) shall be enti-
tled to a release hearing before the judge assigned to the
special removal case pursuant to section 503(a). The resi-
HR 896 SC
dent alien shall be granted release pending the special re-
moval hearing, upon such terms and conditions prescribed
by the court (including the posting of any monetary
amount), if the alien demonstrates to the court that the
alien, if released, is not likely to flee and that the alien’s
release will not endanger national security or the safety
of any person or the community. The judge may consider
classified information submitted in camera and ex parte
in making his determination.
‘‘(c) In accordance with the rules of the court estab-
lished under section 503, the judge shall consider the ap-
plication and may consider other information, including
classified information, presented under oath or affirmation
at an in camera and ex parte hearing on the application.
A verbatim record shall be maintained of such a hearing.
The application and any other evidence shall be considered
by a single judge of that court who shall enter an ex parte
order as requested if he finds, on the basis of the facts
submitted in the application and any other information
provided by the Department of Justice at the in camera
and ex parte hearing, there is probable cause to believe
that—
‘‘(1) the alien who is the subject of the applica-
tion has been correctly identified and is an alien as
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described in paragraph 4(B) of section 241(a), as
amended; and
‘‘(2) adherence to the provisions of title II re-
garding the deportation of the identified alien would
pose a risk to the national security of the United
States.
‘‘(d)(1) In any case in which the application for the
order is denied, the judge shall prepare a written state-
ment of his reasons for the denial and the Department
of Justice may seek a review of the denial by the United
States Court of Appeals for the District of Columbia Cir-
cuit by notice of appeal which must be filed within twenty
days. In such a case the entire record of the proceeding
shall be transmitted to the Court of Appeals under seal
and the Court of Appeals shall hear the matter ex parte.
‘‘(2) If the Department of Justice does not seek re-
view, 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 provi-
sions of this Act concerning the deportation of aliens.
‘‘(3) 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 cor-
rectly identified or is an alien as described in paragraph
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4(B) of section 241(a), as amended, 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 deporta-
tion, in which case such alien shall be treated in accord-
ance with the provisions of this Act concerning the depor-
tation of aliens simultaneously with the application of this
title.
‘‘(4) If the application for the order is denied be-
cause, although the judge found probable cause to believe
that the alien who is the subject of the application has
been correctly identified and is an alien as described in
paragraph 4(B) of section 241(a), as amended, the judge
has found that there is not probable cause to believe that
adherence to the provisions of title II regarding the depor-
tation of the identified alien would pose a risk to the na-
tional security of the United States, the judge shall release
the alien from custody subject to the least restrictive con-
dition 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 assure the ap-
pearance of the alien at any future proceeding pursuant
to this title and will not endanger the safety of any other
person or the Community; but if the judge finds no such
condition or combination of conditions the alien shall re-
HR 896 SC
main in custody until the completion of any appeal author-
ized by this title. The provisions of 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 condi-
tion shall apply to an alien to whom the previous sentence
applies and—
‘‘(A) 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
‘‘(B) 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 im-
prisonment.
‘‘(e)(1) In any case in which the application for the
order authorizing the special procedures of this title is ap-
proved, the judge who granted the order shall consider
each item of classified information the Department of Jus-
tice proposes to introduce in camera and ex parte at the
special removal hearing and shall order the introduction
of such information pursuant to subsection (j) if he deter-
mines the information to be relevant. The Department of
Justice shall prepare a written summary of such classified
information which does not pose a risk to national security
HR 896 SC
and the judge shall approve the summary if he finds the
summary is sufficient to inform the alien of the general
nature of the evidence that he is an alien as described in
paragraph 4(B) of section 241(a), as amended, and to per-
mit the alien to prepare a defense. The Department of
Justice shall cause to be delivered to the alien a copy of
the summary.
‘‘(2) If the written summary is not approved by the
court, the Department shall be afforded reasonable oppor-
tunity to correct the deficiencies identified by the court
and submit a revised summary. Thereafter, if the written
summary is not approved by the court, the special removal
hearing shall be terminated unless the court issues a find-
ing that—
‘‘(A) the continued presence of the alien in the
United States, or
‘‘(B) the provision of the required summary
would likely cause serious and irreparable harm to
the national security or death or serious bodily in-
jury to any person. If such finding is issued, the spe-
cial removal hearing shall continue, the Department
of Justice shall cause to be delivered to the alien a
statement that no summary is possible, and the clas-
sified information submitted in camera and ex parte
may be used pursuant to subsection (j).
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‘‘(3) The Department of Justice may take an inter-
locutory appeal to the United States Court of Appeals for
the District of Columbia Circuit of—
‘‘(A) any determination by the judge pursuant
to paragraph (1)—
‘‘(I) concerning whether an item of evi-
dence may be introduced in camera and ex
parte; or
‘‘(II) concerning the contents of any sum-
mary of evidence to be introduced in camera
and ex parte prepared pursuant to paragraph
(1); or
‘‘(B) the refusal of the court to make the find-
ing permitted by paragraph (2);
In any interlocutory appeal taken pursuant to this para-
graph, 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) In any case in which the application for the order
is approved, the special removal hearing authorized by this
section shall be conducted for the purpose of determining
if the alien to whom the order pertains should be removed
from the United States on the grounds that he is an alien
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as described in paragraph 4(B) of section 241(a), as
amended. In accordance with subsection (e), the alien shall
be given reasonable notice of the nature of the charges
against him and a general account of the basis for the
charges. The alien shall be given notice, reasonable under
all the circumstances, of the time and place at which the
hearing will be held. The hearing shall be held as expedi-
tiously as possible.
‘‘(g) The special removal hearing shall be held before
the same judge who granted the order pursuant to sub-
section (e) unless that judge is deemed unavailable due
to illness or disability by the chief judge of the court estab-
lished pursuant to section 503, or has died, in which case
the chief judge shall assign another judge to conduct the
special removal hearing. A decision by the chief judge pur-
suant to the preceding sentence shall not be subject to
review by either the alien or the Department of Justice.
‘‘(h) The special removal hearing shall be open to the
public. The alien shall have a right to be present at such
hearing and to be represented by counsel. Any alien finan-
cially unable to obtain counsel shall be entitled to have
counsel assigned to represent him. Such counsel shall be
appointed by the judge pursuant to the plan for furnishing
representation for any person financially unable to obtain
adequate representation for the district in which the hear-
HR 896 SC
ing is conducted, as provided for in section 3006A of title
18, United States Code. All provisions of that section shall
apply and, for purposes of determining the maximum
amount of compensation, the matter shall be treated as
if a felony was charged. The alien may be called as a wit-
ness by the Department of Justice. The alien shall have
a right to introduce evidence on his own behalf. Except
as provided in subsection (j), the alien shall have a reason-
able opportunity to examine the evidence against him and
to cross-examine any witness. A verbatim record of the
proceedings and of all testimony and evidence offered or
produced at such a hearing shall be kept. The decision
of the judge shall be based only on the evidence introduced
at the hearing, including evidence introduced under sub-
section (j).
‘‘(i) At any time prior to the conclusion of the special
removal hearing, either the alien or the Department of
Justice may request the judge to issue a subpoena for the
presence of a named witness (which subpoena may also
command the person to whom it is directed to produce
books, papers, documents, or other objects designated
therein) upon a satisfactory showing that the presence of
the witness is necessary for the determination of any ma-
terial matter. Such a request may be made ex parte except
that the judge shall inform the Department of Justice of
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any request for a subpoena by the alien for a witness or
material if compliance with such a subpoena would reveal
evidence or the source of evidence which has been intro-
duced, or which the Department of Justice has received
permission to introduce, in camera and ex parte pursuant
to subsection (j), and the Department of Justice shall be
given a reasonable opportunity to oppose the issuance of
such a subpoena. If an application for a subpoena by the
alien also makes a showing that the alien is financially
unable to pay for the attendance of a witness so requested,
the court may order the costs incurred by the process and
the fees of the witness so subpoenaed to be paid for from
funds appropriated for the enforcement of title II. A sub-
poena under this subsection may be served anywhere in
the United States. A witness subpoenaed under this sub-
section shall receive the same fees and expenses as a wit-
ness subpoenaed in connection with a civil proceeding in
a court of the United States. Nothing in this subsection
is intended to allow an alien to have access to classified
information.
‘‘(j) When classified information has been summa-
rized pursuant to subsection (e)(1) or where a finding has
been made under subsection (e)(2) that no summary is
possible, classified information shall be introduced (either
in writing or through testimony) in camera and ex parte
HR 896 SC
and neither the alien nor the public shall be informed of
such evidence or its sources other than through reference
to the summary provided pursuant to subsection (e)(1).
Notwithstanding the previous sentence, the Department of
Justice may, in its discretion and, in the case of classified
information, after coordination with the originating agen-
cy, elect to introduce such evidence in open session.
‘‘(k) Evidence introduced at the special removal hear-
ing, either in open session or in camera and ex parte, may,
in the discretion of the Department of Justice, include all
or part of the information presented under subsections (a)
through (c) used to obtain the order for the hearing under
this section.
‘‘(l) Following the receipt of evidence, the attorneys
for the Department of Justice and for the alien shall be
given fair opportunity to present argument as to whether
the evidence is sufficient to justify the removal of the
alien. The attorney for the Department of Justice shall
open the argument. the attorney for the alien shall be per-
mitted to reply. The attorney for the Department of Jus-
tice shall then be permitted to reply in rebuttal. The judge
may allow any part of the argument that refers to evidence
received in camera and ex parte to be heard in camera
and ex parte.
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‘‘(m) The Department of Justice has the burden of
showing by clear and convincing evidence that the alien
is subject to removal because he is an alien as described
in paragraph 4(B) of subsection 241(a) of this Act (8
U.S.C. 1251(a)(4)(B)), as amended. If the judge finds
that the Department of Justice has met this burden, the
judge shall order the alien removed and, if the alien is
a resident alien who was released pending the special re-
moval hearing, order the Attorney General to take the
alien into custody.
‘‘(n)(1) At the time of rendering a decision as to
whether the alien shall be removed, the judge shall prepare
a written order containing a statement of facts found and
conclusions of law. Any portion of the order that would
reveal the substance or source of information received in
camera and ex parte pursuant to subsection (j) shall not
be made available to the alien or the public.
‘‘(2) The decision of the judge may be appealed by
either the alien or the Department of Justice to the United
States Court of Appeals for the District of Columbia Cir-
cuit by notice of appeal which must be filed within twenty
days, during which time such order shall not be executed.
In any case appealed pursuant to this subsection, the en-
tire record shall be transmitted to the Court of Appeals
and information received pursuant to subsection (j), and
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any portion of the judge’s order that would reveal the sub-
stance or source of such information shall be transmitted
under seal. The Court of Appeals shall consider the case
as expeditiously as possible.
‘‘(3) In an appeal to the Court of Appeals pursuant
to either subsection (d) or (e) of this section, the Court
of Appeals shall review questions of law de novo, but a
prior finding on any question of fact shall not be set aside
unless such finding was clearly erroneous.
‘‘(o) If the judge decides pursuant to subsection (n)
that the alien should not be removed, the alien shall be
released from custody unless such alien may be arrested
and taken into custody pursuant to title II of this Act
as an alien subject to deportation, in which case, for pur-
poses of detention, such alien may be treated in accord-
ance with the provisions of this Act concerning the depor-
tation of aliens.
‘‘(p) Following a decision by the Court of Appeals
pursuant to either subsection (d) or (n), either the alien
or the Department of Justice may petition the Supreme
Court for a writ of certiorari. In any such case, any infor-
mation transmitted to the Court of Appeals under seal
shall, if such information is also submitted to the Supreme
Court, be transmitted under seal. Any order of removal
shall not be stayed pending disposition of a writ of certio-
HR 896 SC
rari except as provided by the Court of Appeals or a Jus-
tice of the Supreme Court.
‘‘(q) The Department of Justice retains the right to
dismiss a removal action at any stage of the proceeding.
‘‘(r) Nothing in this section shall prevent the United
States from seeking protective orders and/or asserting
privileges ordinarily available to the United States to pro-
tect against the disclosure of classified information, in-
cluding the invocation of the military and state secrets
privileges.
‘‘DESIGNATION OF JUDGES
‘‘SEC. 503. (a) The Chief Justice of the United
States shall publicly designate five district court judges
from five of the United States judicial circuits who shall
constitute a court which shall have jurisdiction to conduct
all matters and proceedings authorized by section 502.
The Chief Justice shall publicly designate one of the
judges so appointed as the chief judge. The chief judge
shall promulgate rules to facilitate the functioning of the
court and shall be responsible for assigning the consider-
ation of cases to the various judges.
‘‘(b) Proceedings under section 502 shall be con-
ducted as expeditiously as possible. The Chief Justice, in
consultation with the Attorney General, the Director of
Central Intelligence and other appropriate Federal offi-
HR 896 SC
cials, shall, consistent with the objectives of this title, pro-
vide for the maintenance of appropriate security measures
for applications for ex parte orders to conduct the special
removal hearings authorized by section 502, the orders
themselves, and evidence received in camera and ex parte,
and for such other actions as are necessary to protect in-
formation concerning matters before the court from harm-
ing the national security of the United States.
‘‘(c) Each judge designated under this section shall
serve for a term of five years and shall be eligible for re-
designation, except that the four associate judges first des-
ignated under subsection (a) shall be designated for terms
of from one to four years so that the term of one judge
shall expire each year.
‘‘MISCELLANEOUS PROVISIONS
‘‘SEC. 504. (a)(1) Following a determination pursu-
ant to this title that an alien shall be removed, and after
the conclusion of any judicial review thereof, the Attorney
General may retain the alien in custody or, if the alien
was released pursuant to subsection 502(o), may return
the alien to custody, and shall cause the alien to be trans-
ported to any country which the alien shall designate pro-
vided such designation does not, in the judgment of the
Attorney General, in consultation with the Secretary of
State, impair the obligation of the United States under
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any treaty (including a treaty pertaining to extradition)
or otherwise adversely affect the foreign policy of the
United States.
‘‘(2) If the alien refuses to choose a country to which
he wishes to be transported, or if the Attorney General,
in consultation with the Secretary of State, determines
that removal of the alien to the country so selected would
impair a treaty obligation or adversely affect United
States foreign policy, the Attorney General shall cause the
alien to be transported to any country willing to receive
such alien.
‘‘(3) Before an alien is transported out of the United
States pursuant to paragraph (1) or (2) or pursuant to
an order of exclusion because such alien is excludable
under paragraph 212(a)(3)(B) of this Act (8 U.S.C.
1182(a)(3)(B)), as amended, he shall be photographed
and fingerprinted, and shall be advised of the provisions
of subsection 276(b) of this Act (8 U.S.C. 1326(b)).
‘‘(4) If no country is willing to receive such an alien,
the Attorney General may, notwithstanding any other pro-
vision of law, retain the alien in custody. The Attorney
General, in coordination with the Secretary of State, shall
make periodic efforts to reach agreement with other coun-
tries to accept such an alien and at least every six months
shall provide to the alien a written report on his efforts.
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Any alien in custody pursuant to this subsection shall be
released from custody solely at the discretion of the Attor-
ney General and subject to such conditions as the Attorney
General shall deem appropriate. The determinations and
actions of the Attorney General pursuant to this sub-
section shall not be subject to judicial review, including
application for a writ of habeas corpus, except for a claim
by the alien that continued detention violates his rights
under the Constitution. Jurisdiction over any such chal-
lenge shall lie exclusively in the United States Court of
Appeals for the District of Columbia Circuit.
‘‘(b)(1) Notwithstanding the provisions of subsection
(a), the Attorney General may hold in abeyance the re-
moval of an alien who has been ordered removed pursuant
to this title to allow the trial of such alien on any Federal
or State criminal charge and the service of any sentence
of confinement resulting from such a trial.
‘‘(2) Pending the commencement of any service of a
sentence of confinement by an alien described in para-
graph (1), such an alien shall remain in the custody of
the Attorney General, unless the Attorney General deter-
mines that temporary release of the alien to the custody
of State authorities for confinement in a State facility is
appropriate and would not endanger national security or
public safety.
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‘‘(3) Following the completion of a sentence of con-
finement by an alien described in paragraph (1) or follow-
ing the completion of State criminal proceedings which do
not result in a sentence of confinement of an alien released
to the custody of State authorities pursuant to paragraph
(2), such an alien shall be returned to the custody of the
Attorney General who shall proceed to carry out the provi-
sions of subsection (a) concerning removal of the alien.
‘‘(c) For purposes of section 751 and 752 of title 18,
United States Code, an alien in the custody of the Attor-
ney General pursuant to this title shall be subject to the
penalties provided by those sections in relation to a person
committed to the custody of the Attorney General by vir-
tue of an arrest on a charge of felony.
‘‘(d)(1) An alien in the custody of the Attorney Gen-
eral pursuant to this title shall be given reasonable oppor-
tunity to communicate with and receive visits from mem-
bers of his family, and to contact, retain, and commu-
nicate with an attorney.
‘‘(2) An alien in the custody of the Attorney General
pursuant to this title shall have the right to contact an
appropriate diplomatic or consular official of the alien’s
country of citizenship or nationality or of any country pro-
viding representation services therefor. The Attorney Gen-
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eral shall notify the appropriate embassy, mission, or con-
sular office of the alien’s detention.’’.
(c) ADDITIONAL AMENDMENTS TO INA.—(1) Sub-
section 106(b) of the Immigration and Nationality Act (8
U.S.C. 1105a(b)) is amended by adding at the end thereof
the following sentence: ‘‘Jurisdiction to review an order
entered pursuant to the provisions of section 235(c) of this
Act concerning an alien excludable under paragraph 3(B)
of subsection 212(a) (8 U.S.C. 1182(a)), as amended,
shall rest exclusively in the United States Court of Appeals
for the District of Columbia Circuit.’’.
(2) Section 276(b) of the Immigration and National-
ity Act (8 U.S.C. 1326(b)) is amended by deleting the
word ‘‘or’’ at the end of subparagraph (b)(1), by replacing
the period at the end of subparagraph (b)(2) with a semi-
colon followed by the word ‘‘or’’, and by adding at the
end of paragraph (b) the following subparagraph:
‘‘(3) who has been excluded from the United
States pursuant to subsection 235(c) of this Act (8
U.S.C. 1225(c)) because such alien was excludable
under paragraph 3(B) of subsection 212(a) thereof
(8 U.S.C. 1182(a)(2)(B)), as amended, or who has
been removed from the United States pursuant to
the provisions of title V of the Immigration and Na-
tionality Act, and who thereafter, without the per-
HR 896 SC
mission of the Attorney General, enters the United
States or attempts to do so shall be fined under title
18, United States Code, and imprisoned for a period
of ten years which sentence shall not run concur-
rently with any other sentence.’’
(3) Section 106(a) of the Immigration and National-
ity Act (8 U.S.C. 1105a(a)) is amended by striking from
the end of subparagraph 9 the semicolon and the word
‘‘and’’ and inserting a period in lieu thereof, and by strik-
ing subparagraph 10.
(d) EFFECTIVE DATE.—The provisions of this Act
shall be effective upon enactment, and shall apply to all
aliens without regard to the date of entry or attempted
entry into the United States.
SEC. 202. CHANGES TO THE IMMIGRATION AND NATIONAL-
ITY ACT TO FACILITATE REMOVAL OF ALIEN
TERRORISTS.
(a) Section 212(a)(3)(B) of the Immigration and Na-
tionality 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
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‘‘(II) a consular officer or the At-
torney General knows, or has reason
to believe, is likely to engage after
entry in any terrorism activity (as de-
fined in clause (iii)),
is excludable. An alien who is a representa-
tive of the Palestine Liberation Organiza-
tion, or any terrorist organization des-
ignated by proclamation by the President
after he has found such organization to be
detrimental to the interest of the United
States, is considered, for purposes of this
Act, to be engaged in a terrorism activity.
As used in clause (B)(i), the term ‘‘rep-
resentative’’ includes an officer, official, or
spokesman of the organization and any
person who directs, counsels, commands or
induces such organization or its members
to engage in terrorism activity. For pur-
poses of subparagraph (3)(B)(i), the deter-
mination by the Secretary of State or the
Attorney General that an alien is a rep-
resentative of the organization shall be
controlling and shall not be subject to re-
view by any court.
HR 896 SC
‘‘(ii) 
TERRORISM
ACTIVITY
DE-
FINED.—As used in this Act, the term
‘‘terrorism activity’ means any activity
which 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 which in-
volves 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 con-
tinue to detain, another individual in
order to compel a third person (in-
cluding 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
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knows or reasonably should know has com-
mitted or plans to commit terrorism activ-
ity, including any of the following acts:
‘‘(I) The preparation or planning
of terrorism activity.
‘‘(II) The gathering of informa-
tion on potential targets for terrorism
activity.
‘‘(III) The providing of any type
of material support, including a safe
house, 
transportation, 
communica-
tions, funds, false documentation or
identification, weapons, explosives, or
training.
‘‘(IV) The soliciting of funds or
other things of value for terrorism ac-
tivity or for any terrorist organization.
‘‘(V) The solicitation of any indi-
vidual for membership in a terrorist
organization, terrorist government, or
to engage in a terrorism activity.
‘‘(iv) TERRORIST ORGANIZATION DE-
FINED.—As used in this Act, the term ‘ter-
rorist organization’ means any organiza-
tion engaged, or which has a significant
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subgroup which engages, in terrorism ac-
tivity, regardless of any legitimate activi-
ties conducted by the organization or its
subgroups.
‘‘(v) TERRORISM DEFINED.—As used
in this Act, the term ‘terrorism’ means
premeditated, politically motivated violence
perpetrated against noncombatant tar-
gets.’’.
(b) Section 241(a)(4)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1251(a)(4)(B)) is amended to read
as follows:
‘‘(B) TERRORISM ACTIVITIES.—Any alien who
has engaged, is engaged, or at any time after entry
engages in any terrorism activity (as defined in sec-
tion 212(a)(3)(B)).’’.
(c) Section 291 of the Immigration and Nationality
Act (8 U.S.C. 1361) is amended by adding after ‘‘custody
of the Service.’’ this new sentence: ‘‘The limited produc-
tion authorized by this provision shall not extend to the
records of any other agency or department of the Govern-
ment or to any documents that do not pertain to the re-
spondent’s entry.’’.
(d) Section 242(b)(3) of the Immigration and Nation-
ality Act (8 U.S.C. 1252(b)(3)) is amended by inserting
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after ‘‘Government’’ the following: ‘‘. In the case of an
alien who is not lawfully admitted for permanent residence
and notwithstanding the provisions of any other law, rea-
sonable opportunity shall not comprehend access to classi-
fied information, whether or not introduced in evidence
against him. The provisions and requirements of 18
U.S.C. 3504 and 50 U.S.C. 1801 et seq. shall not apply
in such cases.’’
SEC. 203. ACCESS TO CERTAIN CONFIDENTIAL INS FILES
THROUGH COURT ORDER.
(a) Section 245A(c)(5) of the Immigration and Na-
tionality Act (8 U.S.C. 1255a(c)(5)) is amended by—
(1) inserting ‘‘(i)’’ after ‘‘except the Attorney
General’’; and
(2) 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 informa-
tion contained in the application of the
alien to be used:
‘‘(I) for identification of the alien
when there is reason to believe that
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the alien has been killed or severely
incapacitated; or
‘‘(II) for criminal law enforce-
ment purposes against the alien whose
application is to be disclosed if the al-
leged criminal activity occurred after
the legalization application was filed
and such activity poses either an im-
mediate risk to life or to national se-
curity or would be prosecutable as an
aggravated felony, but without regard
to the length of sentence that could be
imposed on the applicant.’’.
(b)(1) Section 210(b)(5) of the Immigration and Na-
tionality Act (8 U.S.C. 1160(b)(5)) is amended by insert-
ing ‘‘, except as allowed by a court order issued pursuant
to paragraph (6) of this subsection’’ after ‘‘consent of the
alien’’.
(2) Section 210(b)(6) of the Immigration and Nation-
ality Act (8 U.S.C. 1160 (b)(6)) is amended by inserting
the following sentence before ‘‘Anyone who uses’’: ‘‘Except
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
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of information contained in the application of the alien
to be used:
‘‘(E) for identification of the alien when
there is reason to believe that the alien has
been killed or severely incapacitated; or
‘‘(F) for criminal law enforcement pur-
poses against the alien whose application is to
be disclosed if the alleged criminal activity oc-
curred after the special agricultural worker ap-
plication was filed and such activity poses either
an immediate risk to life or to national security
or would be prosecutable as an aggravated fel-
ony, but without regard to the length of sen-
tence that could be imposed on the applicant.’’.
TITLE III—CONTROLS OVER TERRORIST
FUND-RAISING
SEC. 301. TERRORIST FUND-RAISING PROHIBITED.
(a) Chapter 113B of title 18, United States Code,
is amended by adding at the end thereof the following new
section:
‘‘§ 2339B. Fund-raising for terrorist organizations
‘‘(a) FINDINGS AND PURPOSE.—
‘‘(1) The Congress hereby finds that—
‘‘(A) terrorism is a serious and deadly
problem which threatens the interests of the
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United States both overseas and within our ter-
ritory;
‘‘(B) the Nation’s security interests are
gravely impacted by terrorist attacks carried
out overseas against United States Government
facilities and officials, as well as against other
American citizens present in foreign countries;
‘‘(C) United States foreign policy interests
are profoundly affected by terrorist acts over-
seas directed against foreign governments and
their people;
‘‘(D) United States economic interests are
significantly impacted by terrorist attacks car-
ried out in foreign countries against United
States citizens and businesses;
‘‘(E) international cooperation is required
for an effective response to terrorism, as dem-
onstrated by the numerous multilateral conven-
tions in force providing universal prosecutive ju-
risdiction over persons involved in a variety of
terrorist acts, e.g., hostage taking, murder of
an internationally protected person, and aircraft
piracy and sabotage;
‘‘(F) some foreign terrorist organizations,
acting through affiliated groups or individuals,
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suant to subsection (c) as being engaged in terror-
ism activities, or
‘‘(2) financial transactions with any such for-
eign organization,
within the United States or by any person subject to the
jurisdiction of the United States anywhere.
‘‘(c) DESIGNATION.—
‘‘(1) Pursuant to the authority granted in sub-
section (b), the President is authorized to designate
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 national security, foreign policy, or
economy of the United States.
‘‘(2) Pursuant to the authority granted in sub-
section (b), the President is also authorized to des-
ignate persons which are raising funds for, or acting
for or on behalf of, any organization designated pur-
suant to subsection (c)(1) above.
‘‘(3) If the President finds that the conditions
which were the basis for any designation issued
under this subsection have changed in such a man-
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ner as to warrant revocation of such designation, or
that the national security, foreign relations, or eco-
nomic interests of the United States so warrant, he
may revoke such designation in whole or in part.
‘‘(4) Any designation, or revocation thereof, is-
sued pursuant to this subsection shall be published
in the Federal Register and shall become effective
immediately on publication.
‘‘(5) Any revocation of a designation shall not
affect any action or proceeding based on any con-
duct committed prior to the effective date of such
revocation.
‘‘(6) Any finding made in any designation is-
sued pursuant to paragraph (1) of this subsection
that a foreign organization engages in terrorism ac-
tivity shall be conclusive. No question concerning the
validity of the issuance of such designation may be
raised by a defendant in a criminal prosecution as
a defense in or as an objection to any trial or hear-
ing if such designation was issued and published in
the Federal Register in accordance with this sub-
section.
‘‘(d) PROHIBITED ACTIVITIES.—
‘‘(1) Except as authorized pursuant to the pro-
cedures in subsection (e), it shall be unlawful for
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any person within the United States, or any person
subject to the jurisdiction of the United States any-
where, to directly or indirectly, raise, receive or col-
lect on behalf of, or furnish, give, transmit, transfer
or provide funds to or for an organization or person
designated by the President under subsection (c), or
to attempt to do any of the foregoing.
‘‘(2) It shall be unlawful for any person within
the United States or any person subject to the juris-
diction of the United States anywhere, acting for or
on behalf of any organization or person designated
under subsection (c), (A) to transmit, transfer, or
receive any funds raised in violation of subsection
(d)(1), or (B) to transmit, transfer or dispose of any
funds in which any organization or person des-
ignated pursuant to subsection (c) has an interest.
‘‘(e) AUTHORIZED TRANSACTIONS.—
‘‘(1) The Secretary shall publish regulations,
consistent with the provisions of this subsection, set-
ting forth the procedures to be followed by persons
seeking to raise or provide funds for an organization
designated under subsection (c)(1).
‘‘(2) Any person within the United States, or
any person subject to the jurisdiction of the United
States anywhere, who seeks to solicit funds for or to
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transfer funds to any organization or person des-
ignated under subsection (c) shall, regardless of
whether it has an agency relationship with the des-
ignated organization or person, first obtain a license
from the Secretary and may thereafter solicit funds
or transfer funds to a designated organization or
person only as permitted under the terms of a li-
cense issued by the Secretary.
‘‘(3) The Secretary shall grant a license only
after the person establishes to the satisfaction of the
Secretary that—
‘‘(A) the funds are intended to be used ex-
clusively for religious, charitable, literary, or
educational purposes; and
‘‘(B) all recipient organizations in any
fund-raising chain have effective procedures in
place to ensure that the funds (i) will be used
exclusively for religious, charitable, literary, or
educational purposes, and (ii) will not be used
to offset a transfer of funds to be used in ter-
rorist activity.
‘‘(4) Any person granted a license shall main-
tain books and records, as required by the Secretary,
that establish the source of all funds it receives, ex-
penses it incurs, and disbursements it makes. Such
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books and records shall be made available for inspec-
tion within two business days of a request by the
Secretary. Any person granted a license shall also
have an agreement with any recipient organization
or person that such organization’s or person’s books
and records, wherever located, must be made avail-
able for inspection of the Secretary upon a request
of the Secretary at a place and time agreeable to
that organization or person and the Secretary.
‘‘(5) The Secretary may also provide by regula-
tion procedures for the licensing of transactions oth-
erwise prohibited by this section in cases found by
the Secretary to be consistent with the statement of
purpose in subsection (a)(2).
‘‘(f) SPECIAL REQUIREMENTS FOR FINANCIAL INSTI-
TUTIONS.—
‘‘(1) Except as authorized by the Secretary by
means of directives, regulations, or licenses, any fi-
nancial institution which becomes aware that it has
possession of or control over any funds in which an
organization or person designated under subsection
(c) has an interest, shall—
‘‘(A) retain possession of or maintain con-
trol over such funds; and
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‘‘(B) report to the Secretary the existence
of such funds in accordance with the regula-
tions prescribed by the Secretary.
‘‘(2) Any financial institution that fails to re-
port 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 Sec-
retary—
‘‘(A) in the case of funds being possessed
or controlled at the time of the designation of
the organization or person, within ten 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 ten days
after the financial institution obtained posses-
sion of or control over the funds.
‘‘(g) INVESTIGATIONS.—Any investigation emanating
from a possible violation of this section, or of any license,
order, or regulation issued pursuant to this section, shall
be conducted by the Attorney General, except that inves-
tigations relating to (1) a licensee’s compliance with the
terms of a license issued by the Secretary pursuant to sub-
section (e) of this section, (2) a financial institution’s com-
pliance with the requirements of subsection (f) of this sec-
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tion, and (3) civil penalty proceedings authorized pursuant
to subsection (i) of this section, shall be conducted in co-
ordination with the Attorney General by the office within
the Department of the Treasury responsible for licensing
and 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 in-
vestigations to the Secretary for remedial licensing or civil
penalty action.
‘‘(h) RECORDKEEPING AND REPORTING; CIVIL PRO-
CEDURES.—
‘‘(1) Notwithstanding any other provision of
law, in exercising the authorities granted by this sec-
tion, the Secretary and the Attorney General may
require any person to keep a full record of, and to
furnish under oath, in the form of reports or other-
wise, complete information relative to any act or
transaction referred to in this section either before,
during, or after the completion thereof, or relative to
any funds referred to in this section, or as may be
necessary to enforce the terms of this section. In any
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case in which a report by a person could be required
under this subsection, the Secretary or the Attorney
General may require the production of any books of
account, records, contracts, letters, memoranda, or
other papers or documents, whether maintained in
hard copy or electronically, in the control or custody
of such person.
‘‘(2) Compliance with any regulation, instruc-
tion, or direction issued under this section shall to
the extent thereof be a full acquittance and dis-
charge for all purposes of the obligation of the per-
son making the same. No person shall be held liable
in any court for or with respect to anything done or
omitted in good faith in connection with the admin-
istration of, or pursuant to and in reliance on, this
section, or any regulation, instruction, or direction
issued under this section.
‘‘(3) In carrying out their function under this
section, the Secretary and the Attorney General may
hold hearings, sign and issue subpoenas, administer
oaths, examine witnesses, and receive evidence.
‘‘(4) In the case of contumacy by, or refusal to
obey a subpoena issued to, any person, the Attorney
General may invoke the aid of any court of the Unit-
ed States within the jurisdiction of which the inves-
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tigation is carried on or of which the subpoenaed
person is an inhabitant, or in which the subpoenaed
person carries on business or may be found, to com-
pel compliance with the subpoena. The court may
issue an order requiring the subpoenaed person to
appear before the agency issuing the subpoena, or
other order or direction, to produce records, if so or-
dered, or to give testimony touching the matter
under investigation. Any failure to obey the order of
the court may be punished by the court as a con-
tempt thereof. All process in any such case may be
served in any judicial district in which such person
may be found.
‘‘(i) PENALTIES.—
‘‘(1) Any person who knowingly violates sub-
section (d) shall be fined under this title, or impris-
oned for up to ten years, or both.
‘‘(2)(A) Any person who fails to maintain or to
make available to the Secretary upon his request or
demand the books or records required by subsection
(e), or by regulations promulgated thereunder, shall
be subject to a civil penalty of $50,000 or twice the
amount of money which would have been docu-
mented had the books and records been properly
maintained, whichever is greater.
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‘‘(B) Any person who fails to take the actions
required of financial institutions pursuant to sub-
section (f)(1), or by regulations promulgated there-
under, 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 pos-
session or control, whichever is greater.
‘‘(C) Except as otherwise specified in this sec-
tion, any person who violates any license, order, di-
rection, or regulation issued pursuant to this section
shall be subject to a civil penalty of $50,000 per vio-
lation, or twice the value of the violation, whichever
is greater.
‘‘(3) Any person who intentionally fails to main-
tain or to make available to the Secretary the books
or records required by subsection (e), or by regula-
tions promulgated thereunder, shall be fined under
this title, or imprisoned for up to five years, or both.
‘‘(4) Any organization convicted of an offense
under (h) (1) or (3) of this section shall, upon con-
viction, forfeit any charitable designation it might
have received under the Internal Revenue Code.
‘‘(j) INJUNCTION.—
‘‘(1) Whenever it appears to the Secretary or
the Attorney General that any person is engaged in,
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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 dis-
trict court of the United States to enjoin such viola-
tion.
‘‘(2) A proceeding under this subsection is gov-
erned by the Federal Rules of Civil Procedure, ex-
cept that, if an indictment has been returned against
the respondent, discovery is governed by the Federal
Rules of Criminal Procedure.
‘‘(k) EXTRATERRITORIAL JURISDICTION.—There is
extraterritorial Federal jurisdiction over an offense under
this section.
‘‘(l) CLASSIFIED INFORMATION IN CIVIL PROCEED-
INGS BROUGHT BY THE UNITED STATES.—
‘‘(1) DISCOVERY OF CLASSIFIED INFORMATION
BY DEFENDANTS.—A court, upon a sufficient show-
ing, may authorize the United States to delete speci-
fied items of classified information from documents
to be introduced into evidence and/or made available
to the defendant through discovery under the Fed-
eral Rules of Civil Procedure, to substitute a sum-
mary of the information for such classified docu-
ments, or to substitute a statement admitting rel-
evant facts that the classified information would
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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 grant-
ing relief following such an ex parte showing, the en-
tire 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 de-
nying relief to the United States under this provi-
sion, the United States may take an immediate, in-
terlocutory appeal in accordance with the provisions
of paragraph (3) of this subsection. In the event 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 main-
tained under seal and delivered to the appellate
court.
‘‘(2) INTRODUCTION OF CLASSIFIED INFORMA-
TION; PRECAUTIONS BY COURT.—
‘‘(A) EXHIBITS.—The United States, in
order to prevent unnecessary or inadvertent dis-
closure of classified information in a civil trial
or other proceeding brought by the United
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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 de-
leted, (ii) stipulations admitting relevant facts
that specific classified information would tend
to prove, or (iii) a summary of the specific clas-
sified information. The court shall grant such a
motion of the United States if it finds that the
redacted item, stipulation, or summary will pro-
vide the defendant with substantially the same
ability to make his defense as would disclosure
of the specific classified information.
‘‘(B) TAKING OF TRIAL TESTIMONY.—Dur-
ing 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 ad-
missible and, in doing so, shall take precautions
to guard against the compromise of any classi-
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‘‘(1) ‘classified information’ means any infor-
mation 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 na-
tional 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) ‘financial institution’ has the meaning pre-
scribed in section 5312(a)(2) of title 31, United
States Code, including any regulations promulgated
thereunder;
‘‘(3) ‘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;
‘‘(4) ‘national security’ means the national de-
fense and foreign relations of the United States;
‘‘(5) ‘person’ includes an individual, partner-
ship, association, group, corporation, or other orga-
nization;
‘‘(6) ‘Secretary’ means the Secretary of the
Treasury; and
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‘‘(7) ‘United States’, when used in a geographi-
cal 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 thereof the following:
‘‘2339B. Fund-raising for terrorist organizations’’.
(c) Section 212(a)(3)(B)(i) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)), as amended
by section 202(a) of this Act, is further amended by in-
serting after the phrase ‘‘Palestine Liberation Organiza-
tion’’ the following: ‘‘, an organization designated by the
President under section 2339B of title 18, United States
Code’’.
(d) The provisions of 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 Pow-
ers Act (50 U.S.C. 1701 et seq.).
TITLE IV—CONVENTION ON THE
MARKING OF PLASTIC EXPLOSIVES
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Marking of Plastic
Explosives for Detection Act.’’.
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SEC. 402. 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 772 in September 1989;
(2) plastic explosives can be used with little
likelihood of detection for acts of unlawful inter-
ference with civil aviation, maritime navigation, and
other modes of transportation;
(3) the criminal use of plastic explosives places
innocent lives in jeopardy, endangers national secu-
rity, affects domestic tranquillity, 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 Act is to fully
implement the Convention on the Marking of Plastic Ex-
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plosives for the Purpose of Detection, Done at Montreal
on 1 March 1991.
SEC. 403. DEFINITIONS.
Section 841 of title 18, United States Code, is
amended by adding at the end the following new sub-
sections:
‘‘(o) ‘Convention on the Marking of Plastic Explo-
sives’ means the Convention on the Marking of Plastic Ex-
plosives for the Purpose of Detection, Done at Montreal
on 1 March 1991.
‘‘(p) ‘Detection agent’ means any one of the sub-
stances 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 explo-
sive, including—
‘‘(1) 
Ethylene 
glycol 
dinitrate 
(EGDN),
C2H4(NO3)2, molecular weight 152, when the mini-
mum 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 mini-
mum concentration in the finished explosive is 0.1
percent by mass;
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‘‘(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°C., is formulated with a binder material, and is as a
mixture malleable or flexible at normal room tempera-
ture.’’.
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SEC. 404. 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 manufac-
ture any plastic explosive which does not contain a detec-
tion 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 which does not contain a de-
tection agent.
‘‘(2) This subsection does not apply to the importa-
tion or bringing into the United States, or the exportation
from the United States, of any plastic explosive which was
imported, brought into, or manufactured in the United
States prior to the effective date of the Marking of Plastic
Explosives for Detection Act by or on behalf of any agency
of the United States performing military or police func-
tions (including any military Reserve component) or by or
on behalf of the National Guard of any State, not later
than fifteen years after the date of entry into force of the
Convention on the Marking of Plastic Explosives, with re-
spect to the United States.
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Act, to fail to report to the Secretary within one hundred
twenty days from the effective date of this Act the quan-
tity of such explosives possessed, the manufacturer or im-
porter, any marks of identification on such explosives, and
such other information as the Secretary may by regula-
tions prescribe.’’.
SEC. 405. CRIMINAL SANCTIONS.
Section 844(a) of title 18, United States Code, is
amended to read as follows:
‘‘(a) Any person who violates subsections (a) through
(i) or (1) through (o) of section 842 of this chapter shall
be fined under this title or imprisoned not more than ten
years, or both.’’.
SEC. 406. 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 ‘‘sub-
sections’’;
(2) by adding at the end of subsection (a)(1)
‘‘and which pertains to safety’’; and
(3) by adding at the end the following new sub-
section:
‘‘(c) It is an affirmative defense against any proceed-
ing involving sections 842 (l) through (o) if the proponent
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proves by a preponderance of the evidence that the plastic
explosive—
‘‘(1) consisted of a small amount of plastic ex-
plosive intended for and utilized solely in lawful—
‘‘(A) research, development, or testing of
new or modified explosive materials;
‘‘(B) training in explosives detection or de-
velopment or testing of explosives detection
equipment; or
‘‘(C) forensic science purposes; or
‘‘(2) was plastic explosive which, within three
years after the date of entry into force of the Con-
vention on the Marking of Plastic Explosives, with
respect to the United States, will be or is incor-
porated 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 incor-
porated in, and remains an integral part of a mili-
tary device that is intended to become, or has be-
come, the property of any agency of the United
States performing military or police functions (in-
cluding any military reserve component) or the Na-
tional Guard of any State, wherever such device is
located. For purposes of this subsection, the term
‘military device’ includes, but is not restricted to,
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shells, bombs, projectiles, mines, missiles, rockets,
shaped charges, grenades, perforators, and similar
devices lawfully manufactured exclusively for mili-
tary or police purposes.’’.
SEC. 407. INVESTIGATIVE AUTHORITY.
Section 846 of title 18, United States Code, is
amended—
(1) by inserting in the last sentence before the
‘‘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 viola-
tions 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 de-
termined by the Attorney General, the Attorney
General shall have primary investigative responsibil-
ity and the Secretary shall assist the Attorney Gen-
eral as requested.’’.
SEC. 408. EFFECTIVE DATE.
The amendments made by this title shall take effect
one year after the date of the enactment of this Act.
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TITLE V—NUCLEAR MATERIALS
SEC. 501. EXPANSION OF NUCLEAR MATERIALS PROHIBI-
TIONS.
(a)(1) FINDINGS.—The Congress finds and declares:
(A) Nuclear materials, including byproduct ma-
terials, can be used to create radioactive dispersal
devices which are capable of causing serious bodily
injury as well as substantial damage to property and
the environment.
(B) The potential use of nuclear materials, in-
cluding byproduct materials, enhances the threat
posed by terrorist activities and thereby has a great-
er effect on the security interests of the United
States.
(C) Due to the widespread hazards presented
by the threat of nuclear contamination, as well as
nuclear bombs, the United States has a strong inter-
est in assuring that persons who are engaged in the
illegal acquisition and use of nuclear materials, in-
cluding byproduct materials, are prosecuted for their
offenses.
(D) The threat that nuclear materials will be
obtained and used by terrorist and other criminal or-
ganizations has increased substantially since the en-
actment in 1982 of the legislation which imple-
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mented the Convention on the Physical Protection of
Nuclear Material, codified at section 831 of title 18,
United States Code.
(E) The successful efforts to obtain agreements
from other countries to dismantle nuclear weapons
have resulted in increased packaging and transpor-
tation of nuclear materials, thereby decreasing the
security of such materials by increasing the oppor-
tunity for unlawful diversion and theft.
(F) 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/or environmental damage.
(G) Reported trafficking incidents in the early
1990’s suggest that the individuals involved in traf-
ficking 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, and to a lesser extent
in the Middle European countries.
(H) The international community has become
increasingly concerned over the illegal possession of
nuclear and nuclear byproduct materials.
(I) The potentially disastrous ramifications of
increased access to nuclear and nuclear byproduct
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materials pose such a significant future threat that
the United States must use all lawful methods avail-
able to combat the illegal use of such materials.
(J) The United States has an interest in en-
couraging United States corporations to do business
in the countries which comprised the former Soviet
Union, as well as in other developing democracies;
protection of such United States corporations from
threats created by the unlawful use of nuclear mate-
rials is important to the success of the effort to en-
courage such business ventures, and to further the
foreign relations and commerce of the United States.
(K) The nature of nuclear contamination is
such that it may affect the health, environment, and
property of United States nationals even if the acts
which constitute the illegal activity occur outside the
territory of the United States, and are primarily di-
rected toward non-United States nationals.
(L) There is presently no Federal criminal stat-
ute which provides adequate protection to United
States interests from non-weapons grade, yet haz-
ardous radioactive material, and from the illegal di-
version of nuclear materials which are held for other
than peaceful purposes.
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(2) PURPOSE.—The purpose of the Act is to provide
Federal law enforcement the necessary tools and fullest
possible basis allowed under the Constitution of the
United States to combat the threat of nuclear contamina-
tion and proliferation which may result from illegal posses-
sion and use of radioactive materials.
(b) EXPANSION
OF SCOPE
AND JURISDICTIONAL
BASES.—Section 831 of title 18, United States Code, is
amended by—
(1) in subsection (a), striking ‘‘nuclear mate-
rial’’ each time it appears and inserting each time
‘‘nuclear material or nuclear byproduct material’’;
(2) in subsection (a)(1)(A), inserting ‘‘or the
environment’’ after ‘‘property’’;
(3) amending subsection (a)(1)(B) to read as
follows:
‘‘(B)(i) circumstances exist which are likely
to cause the death of or serious bodily injury to
any person or substantial damage to property
or the environment; or (ii) such circumstances
are represented to the defendant to exist;’’;
(4) in subsection (a)(6), inserting ‘‘or the envi-
ronment’’ after ‘‘property’’;
(5) amending subsection (c)(2) to read as fol-
lows:
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‘‘(2) an offender or a victim is a national of the
United States or a United States corporation or
other legal entity;’’;
(6) in subsection (c)(3), striking ‘‘at the time of
the offense the nuclear material is in use, storage,
or transport, for peaceful purposes, and’’;
(7) striking ‘‘or’’ at the end of subsection
(c)(3);
(8) in subsection (c)(4), striking ‘‘nuclear mate-
rial for peaceful purposes’’ and inserting ‘‘nuclear
material or nuclear byproduct material’’;
(9) striking the period at the end of subsection
(c)(4) and inserting ‘‘; or’’;
(10) adding at the end of subsection (c) a new
paragraph as follows:
‘‘(5) the governmental entity under subsection
(a)(5) is the United States or the threat under sub-
section (a)(6) is directed at the United States.’’;
(11) in subsection (f)(1)(A), striking ‘‘with an
isotopic concentration not in excess of 80 percent
plutonium 238’’;
(12) inserting at the beginning of subsection
(f)(1)(C) ‘‘enriched uranium, defined as’’;
(13) redesignating subsections (f)(2)–(4) as
(f)(3)–(5);
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(14) inserting after subsection (f)(1) the follow-
ing new paragraph:
‘‘(2) the term ‘nuclear byproduct material’
means any material containing any radioactive iso-
tope created through an irradiation process in the
operation of a nuclear reactor or accelerator;’’;
(15) striking ‘‘and’’ at the end of subsection
(f)(4), as redesignated;
(16) striking the period at the end of subsection
(f)(5), as redesignated, and inserting a semicolon;
and
(17) adding at the end of subsection (f) the fol-
lowing new paragraphs:
‘‘(6) the term ‘national of the United States’
has the meaning prescribed 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, district, commonwealth, territory or
possession of the United States.’’.
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TITLE VI—PROCEDURAL AND TECHNICAL
CORRECTIONS AND IMPROVEMENTS
SEC. 601. CORRECTION TO MATERIAL SUPPORT PROVI-
SION.
Section 120005 of Public Law 103–322, September
13, 1994, is amended to read at the time of its enactment
on September 13, 1994, as follows:
‘‘(a) OFFENSE.—Chapter 113A of title 18, United
States Code, is amended by adding the following new sec-
tion:
‘‘§ 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 doc-
umentation or identification, communications equipment,
facilities, weapons, lethal substances, explosives, person-
nel, transportation, and other physical assets, but does not
include humanitarian assistance to persons not directly in-
volved 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, in carrying out,
a violation of section 32, 37, 351, 844(f) or (i), 1114,
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1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, or
2332a of this title or section 46502 of title 49, or in prepa-
ration 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 ten years, or
both.’’.
SEC. 602. EXPANSION OF WEAPONS OF MASS DESTRUCTION
STATUTE.
Section 2332a of title 18, United States Code, is
amended by—
(1) in subsection (a), inserting ‘‘threatens,’’ be-
fore ‘‘attempts or conspires to use, a weapon of
mass destruction’’;
(2) by redesignating subsection (b) as sub-
section (c); and
(3) by adding the following new subsection:
‘‘(b) Any national of the United States who outside
of the United States uses, or threatens, attempts or con-
spires to use, a weapon of mass destruction shall be im-
prisoned 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.’’.
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(1) in clause (ii), striking ‘‘and the activity is
not prohibited as a crime by the State in which the
activity takes place’’; and
(2) in clause (iii), striking ‘‘the activity takes
place on a ship flying the flag of a foreign country
or outside of the United States,’’.
SEC. 607. EXPANSION OF FEDERAL JURISDICTION OVER
BOMB THREATS.
Section 844(e) of title 18, United States Code, is
amended by—
(1) inserting ‘‘(1)’’ before ‘‘Whoever’’; and
(2) adding at the end thereof this new para-
graph:
‘‘(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 sub-
sections (f) or (i) of this section or section 81 of this
title shall be fined under this title or imprisoned for
not more than five years, or both.’’
SEC. 608. INCREASED PENALTY FOR EXPLOSIVE CONSPIR-
ACIES.
Section 844 of title 18, United States Code, is
amended by adding at the end the following new sub-
section:
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‘‘(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 conspir-
acy.’’.
SEC. 609. AMENDMENT TO INCLUDE ASSAULTS, MURDERS,
AND THREATS AGAINST FORMER FEDERAL
OFFICIALS ON ACCOUNT OF THE PERFORM-
ANCE OF THEIR OFFICIAL DUTIES.
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
designed in paragraph (1), or’’ after ‘‘assaults, kidnaps,
or murders, or attempts to kidnap or murder’’.
SEC. 610. ADDITION OF CONSPIRACY TO TERRORISM OF-
FENSES.
(a)(1) Section 32(a)(7) of title 18, United States
Code, is amended by inserting ‘‘or conspires’’ after ‘‘at-
tempts’’.
(2) Section 32(b)(4) of title 18, United States Code,
is amended by inserting ‘‘or conspires’’ after ‘‘attempts’’.
(b) Section 37(a) title 18, United States Code, is
amended by inserting ‘‘or conspires’’ after ‘‘attempts’’.
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(c)(1) Section 115(a)(1)(A) of title 18, United States
Code, is amended by inserting ‘‘or conspires’’ after ‘‘at-
tempts’’.
(2) Section 115(a)(2) of title 18, United States Code,
as amended by section 609, is further amended by insert-
ing ‘‘or conspires’’ after ‘‘attempts’’.
(3) Section 115(b)(2) of title 18, United States Code,
is amended by striking both times it appears ‘‘or at-
tempted kidnapping’’ and inserting both times ‘‘, at-
tempted 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) 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) Section 1203(a) of title 18, United States Code,
is amended by inserting ‘‘or conspires’’ after ‘‘attempts’’.
(f) Section 2280(a)(1)(H) of title 18, United States
Code, is amended by inserting ‘‘or conspires’’ after ‘‘at-
tempts’’.
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(g) Section 2281(a)(1)(F) of title 18, United States
Code, is amended by inserting ‘‘or conspires’’ after ‘‘at-
tempts’’.
(h)(1) Section 46502(a)(2) of title 49, United States
Code, is amended by inserting ‘‘or conspiring’’ after ‘‘at-
tempting’’.
(2) Section 46502(b)(1) of title 49, United States
Code, is amended by inserting ‘‘or conspiring to commit’’
after ‘‘committing’’.
TITLE VII—ANTITERRORISM ASSISTANCE
SEC. 701. FINDINGS.
Congress finds that in order to improve the effective-
ness and cost efficiency of the Antiterrorism Training As-
sistance Program, which is administered and coordinated
by the Department of State to increase the antiterrorism
capabilities of friendly countries, more flexibility is needed
in providing trainers and courses overseas and to provide
personnel needed to enhance the administration and eval-
uation of the courses.
SEC. 702. ANTITERRORISM ASSISTANCE AMENDMENTS.
Section 573 of chapter 8 (relating to antiterrorism
assistance), of the Foreign Assistance Act of 1961 (22
U.S.C. 2349aa2) is amended by:
(1) striking ‘‘30 days’’ in subsection (d)(1)(A)
and inserting in lieu thereof ‘‘180 days’’;
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(2) 
striking 
the 
‘‘add’’ 
after 
subsection
(d)(1)(B);
(3) striking subsection (d)(1)(B);
(4) inserting ‘‘and’’ after subsection (d)(1)(A);
(5) redesignating subsection (d)(1)(C) as sub-
section (d)(1)(B);
(6) amending subsection (d)(2) to read as fol-
lows:
‘‘(2) Personnel of the United States Govern-
ment authorized to advise foreign countries on anti-
terrorism matters shall carry out their responsibil-
ities within the United States when determined most
effective or outside the United States for periods not
to exceed 180 consecutive calendar days.’’; and
(7) striking subsection (f).
Æ
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