
FILE s390.is
          S 390 IS
          104th CONGRESS
          1st Session

          To improve the ability of the United States to respond to the
          international terrorist threat.

                           IN THE SENATE OF THE UNITED STATES

                     February 10 (legislative day, January 30), 1995
          Mr. Biden (for himself, Mr. Specter, Mr. Kohl, Mr. Kerrey, and Mr.
          D'Amato) (by request) introduced the following bill; which was
          read twice and referred to the Committee on the Judiciary

                                         A BILL

          To improve the ability of the United States to respond to the
          international terrorist threat.
            Be it enacted by the Senate and House of Representatives of the
          United States of America in Congress assembled,

          SECTION 1. SHORT TITLE.

            This Act may be cited as `the Omnibus Counterterrorism Act of
          1995'.

          SEC. 2. TABLE OF CONTENTS.

            The following is the table of contents for this Act:
          Sec. 1.  Short title.
          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 terrorism 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.

          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 territory. 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, economic 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 countries.
                (4) United States foreign policy interests are profoundly
              affected by terrorist acts overseas especially those directed
              against friendly foreign governments and their people and those
              intended to undermine the peaceful resolution of disputes in
              the Middle East and other troubled regions.
                (5) Since the Iranian Revolution of 1979, the defeat of the
              Soviet Union in Afghanistan, the peace initiative in the Middle
              East, and the fall of communism 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 individuals dedicated to performing
              acts of international terrorism who travel using false or
              fraudulent documentation.
                (7) While international terrorists move freely from country
              to country, ordinary citizens and foreign visitors often fear
              to travel to or through certain parts of the world due to
              concern about terrorist 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 commerce and economies of friendly nations.
                (9) International terrorists, violating the sovereignty of
              foreign countries, attack dissidents and former colleagues
              living in foreign countries, including 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 indications of
              networking between different international terrorist
              organizations leading to their increased cooperation and
              sharing of information and resources in areas of common interest.
                (12) In response, increased international coordination 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 terrorist acts, including hostage
              taking, murder of an internationally protected person, and
              aircraft piracy and sabotage.
                (13) Until recently, United States asylum processing
              procedures have been complicated and often duplicative,
              providing a powerful incentive for individuals, including
              terrorists, without a genuine claim, to apply for asylum and
              remain in the United States.
                (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 Congress to establish
              laws directly applicable to alien conduct within the United
              States that harms the foreign relations, domestic tranquility
              or national security of the United States.
                (16) While the vast majority of aliens justify the trust
              placed in them by United States immigration 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
              significant 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, acting through
              affiliated groups and/or individuals, have been raising
              significant funds within the United States, often through
              misrepresentation of their purposes or subtle forms of
              extortion, or using the 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 international 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 hindered in using
              current immigration law to deport alien terrorists because the
              law fails to provide procedures 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
              naturalizations would have necessitated public disclosure of
              highly classified sources and methods. Furthermore, deportation
              hearings frequently extend over several years, thus hampering
              the expeditious removal of aliens engaging in terrorist activity.
                (22) Present immigration law is inadequate to protect the
              United States from terrorist attacks by certain aliens. New
              procedures are needed to permit expeditious removal of alien
              terrorists from the United States, thereby reducing the threat
              that such aliens pose to the national security and other vital
              interests of the United States.
                (23) International terrorist organizations that have
              infrastructure support within the United States are believed to
              have been responsible for--
                    (A) conspiring in 1982 to bomb the Turkish Honorary
                  Consulate in Philadelphia, Pennsylvania;
                    (B) bombing the Marine barracks in Lebanon in 1983;
                    (C) holding Americans hostage in Lebanon from 1984-1991;
                    (D) hijacking in 1984 Kuwait Airlines Flight 221 during
                  which two American employees of the Agency for
                  International Development were murdered;
                    (E) hijacking in 1985 TWA Flight 847 during which a
                  United States Navy diver was murdered;
                    (F) murdering in 1985 an American tourist aboard the
                  Achille Lauro cruise liner;
                    (G) hijacking in 1985 Egypt Air Flight 648 during which
                  one American and one Israeli were killed;
                    (H) murdering in 1985 four members of the United States
                  Marine Corps in El Salvador;
                    (I) attacking in December 1985 the Rome and Vienna
                  airports resulting in the death of a young American girl;
                    (J) hijacking in 1986 Pan Am Flight 73 in Karachi,
                  Pakistan, in which 44 Americans were held hostage and two
                  were killed;
                    (K) conspiring in 1986 in New York City to bomb an Air
                  India aircraft;
                    (L) bombing in April 1988 the USO club in Naples, Italy,
                  killing one American servicewoman and injuring four
                  American servicemen;
                    (M) attacking in 1988 the Greek cruise ship `City of
                  Poros';
                    (N) bombing in 1988 Pan Am Flight 103 resulting in 270
                  deaths;
                    (O) bombing in 1989 UTA Flight 772 resulting in 171
                  deaths, including seven Americans;
                    (P) murdering in 1989 a United States Marine Corps
                  officer assigned to the United Nations Truce Supervisory
                  Organization in Lebanon;
                    (Q) downing in January 1991 a United States military
                  helicopter in El Salvador causing the death of a United
                  States military crewman as a result of the crash and
                  subsequently murdering its two surviving United States
                  military crewmen;
                    (R) bombing in February 1992 the United States
                  Ambassador's residence in Lima, Peru;
                    (S) bombing in February 1993 a cafe in Cairo, Egypt,
                  which wounded two United States citizens;
                    (T) bombing in February 1993 the World Trade Center in
                  New York City, resulting in six deaths;
                    (U) conspiring in the New York City area in 1993 to
                  destroy several government buildings and tunnels;
                    (V) wounding in October 1994 two United States citizens
                  on a crowded street in Jerusalem, Israel;
                    (W) kidnapping and subsequently murdering in October 1994
                  a dual citizen of the United 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, including
              byproduct materials, enhances the threat posed by terrorist
              activities and thereby has a greater 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 illegal acquisition and use of nuclear
              materials, including byproduct materials, are prosecuted for
              their offenses.
                (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 enactment in 1982 of the legislation which
              implemented 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 nuclear weapons has resulted
              in increased packaging and transportation of nuclear materials,
              thereby creating 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 trafficking 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.
                (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 encouraging 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
              important 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 directed toward non-nationals of the United States.
                (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 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.
            The Congress further finds:
                (39) Such international terrorist offenses place innocent
              lives in jeopardy, endanger national security, affect domestic
              tranquility, and gravely impact on interstate and foreign
              commerce.
                (40) Such international terrorist offenses involved
              international associations, communication, 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 provision 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 illegal 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 improve their detectability.
                (46) Congress has the power under the interstate and foreign
              commerce clause, and other provisions 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 Constitution of the United
              States to address, pursuant to the rule of law, acts of
              international terrorism occurring 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, including subordinate or affiliated persons,
              designated by the President as engaging in terrorism, unless
              authorized 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;
                (4) 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 contamination and
              proliferation which may result from illegal possession and use
              of radioactive materials; and
                (5) fully implement the Convention on the Marking or Plastic
              Explosives for the Purpose of Detection, done at Montreal on 1
              March 1991.

                     TITLE I--SUBSTANTIVE CRIMINAL LAW ENHANCEMENTS

          SEC. 101. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.

            (a) Offense: Chapter 113B of title 18, United States Code, is
          amended by inserting after section 2332a this new section:
          `Sec. 2332b. Acts of terrorism transcending national boundaries
            `(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 not
                  only overseas but also within our territory;
                    `(B) international terrorists have demonstrated their
                  intention and capability of carrying out attacks within the
                  United States by, for example, bombing The World Trade
                  Center in New York and undertaking attacks, including
                  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 governments and their people;
                    `(D) such offenses place innocent lives in jeopardy,
                  endanger national security, affect domestic tranquility,
                  and gravely impact on interstate and foreign commerce;
                    `(E) such offenses involve international associations,
                  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 terrorism carried out within the
                  United States.
                `(2) The purpose of this section is to provide Federal law
              enforcement the fullest possible basis allowed 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 assault resulting
                  in serious bodily injury, or assaults 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--
                `(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 obstructed, delayed or affected
              commerce if the offense had been consummated;
                `(4) the victim, or intended victim, is the United States
              Government or any official, officer, employee or agent of the
              legislative, executive or judicial branches, or of any
              department or agency, of the United States;
                `(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
              receiving Federal financial assistance or insured by any
              department or agency of the United States;
                `(6) any victim, or intended victim, of the offense is, at
              the time of the offense, traveling in commerce;
                `(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 structures erected thereon) of
              the United States; or
                `(9) the offense is committed in those places within the
              United States that are in the special maritime and territorial
              jurisdiction of the United States.
          Jurisdiction shall exist over all principals and coconspirators of
          an offense under subsection (b), and accessories after the fact to
          any offense based upon subsection (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 person from any
              other conduct prohibited by this section by death, or by
              imprisonment for any term of years or for life;
                `(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 assault resulting
              in serious bodily injury, by imprisonment for not more than
              thirty years;
                `(5) for destroying or damaging any structure, conveyance or
              other real or personal property, by imprisonment 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 violation 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, or the highest ranking
          subordinate of the Attorney General with responsibility for
          criminal prosecutions, has made a written certification that, in
          the judgment of the certifying official, 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 notwithstanding.
            `(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 elements of the offense
              under State law, and not any provisions pertaining to criminal
              procedure or evidence, are adopted.
            `(h) Extraterritorial Jurisdiction: There is extraterritorial
          Federal jurisdiction (1) over any offense 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 commerce' includes
              means of transportation, communication, and transmission;
                `(3) `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));
                `(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 commonwealth, territory or
              possession of the United States; and
                `(6) `territorial sea of the United States' means all waters
              extending seaward to 12 nautical miles from the baselines of
              the United States determined in accordance with international
              law.'.
            (b) Technical Amendment: The chapter analysis for Chapter 113B of
          title 18, United States Code, is amended by inserting after `2332a.
          Use of Weapons of Mass Destruction.' the following:
          `2332b. Acts of terrorism transcending national boundaries.'
            (c) Statute of Limitations Amendment: Section 3286 of title 18,
          United States Code, is amended by--
                (1) striking `any offense' and inserting `any non-capital
              offense';
                (2) striking `36' and inserting `37';
                (3) striking `2331' and inserting `2332';
                (4) striking `2339' and inserting `2332a'; and
                (5) inserting `2332b (acts of terrorism transcending national
              boundaries),' after `(use of weapons of mass destruction),'.
            (d) Presumptive Detention: Section 3142(e) of title 18, United
          States Code, is amended by inserting `or section 2332b' after
          `section 924(c)'.
            (e) Wiretap Amendment: Section 2518(11)(b)(ii) of title 18,
          United States Code, is amended by--
                (1) inserting `(A)' before `thwart' and
                (2) inserting `or (B) commit a violation of section 2332b of
              this title' after `facilities'.
          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:
          `Sec. 956. Conspiracy to kill, kidnap, maim, or injure certain
          property in a foreign country
            `(a)(1) Whoever, within the jurisdiction of the United States,
          conspires with one or more other persons, regardless of where such
          other person or persons 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 territorial jurisdiction of the United States shall, if he or
          any such other person commits an act within the jurisdiction of the
          United States to effect any object of the conspiracy, be punished
          as provided in 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 or destroy specific
          property situated within a foreign country and belonging to a
          foreign government or to any political subdivision thereof with
          which the United States is at peace, or any railroad, canal,
          bridge, airport, airfield or other public utility, public
          conveyance or public structure, or any religious, educational or
          cultural property so situated, shall, if he or any such other
          person commits an act within the jurisdiction of the United States
          to effect any object of the conspiracy, be imprisoned not more than
          twenty-five years.'.
            (b) The chapter analysis for chapter 45 of title 18, United
          States Code, is amended by striking `956. Conspiracy to injure
          property of foreign government.' and inserting in lieu thereof:
          `956. Conspiracy to kill, kidnap, maim, or injure certain property
              in a foreign country.'.
            (c) Section 2339A of title 18, United States Code, is amended by--
                (1) striking `36' and inserting in lieu thereof `37';
                (2) striking `2331' and inserting in lieu thereof `2332';
                (3) striking `2339' and inserting in lieu thereof `2332a';
                (4) striking `of an escape' and inserting in lieu thereof `or
              an escape'; and
                (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 United 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 prescribed 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--
                (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 aircraft;
                    `(B) an offender is a national of the United 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 prescribed 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 Immigration and
              Nationality Act (8 U.S.C. 1101(a)(22)).'; and
                (2) in subsection (c), striking the first sentence and
              inserting the following: `If the victim of an offense under
              subsection (a) is an internationally protected person outside
              the United States, the United States may exercise jurisdiction
              over the offense if (1) the victim is a representative,
              officer, employee, or agent of the United States, (2) an
              offender is a national of the United States, or (3) an offender
              is afterwards found in the United States.'.
            (d) 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 offense under
              subsection (a) is an internationally protected person outside
              the United States, the United States may exercise jurisdiction
              over the offense if (1) the victim is a representative,
              officer, employee, or agent of the United States, (2) an
              offender is a national of the United States, or (3) an offender
              is afterwards found in the United States.'.
            (e) Section 878 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 (d) striking the first sentence and
              inserting the following: `If the victim of an offense under
              subsection (a) is an internationally protected person outside
              the United States, the United States may exercise jurisdiction
              over the offense if (1) the victim is a representative,
              officer, employee, or agent of the United States, (2) an
              offender is a national of the United States, or (3) an offender
              is afterwards found in the United States.'.
            (f) 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 subsection (a) is an
              internationally protected person outside the United States, the
              United States may exercise
          jurisdiction over the offense if (1) the victim is a
          representative, officer, employee, or agent of the United States,
          (2) an offender is a national of the United States, or (3) an
          offender is afterwards found in the United States.'; and
                (2) adding at the end thereof the following: `For purposes of
              this subsection, 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).'.
            (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 victim is a
              national of the United States (as defined in section 101(a)(22)
              of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)))'
              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 paragraph (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)).'.

                         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 incentive 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 interests;
                    (D) the bombing of the World Trade Center exemplifies the
                  danger posed to the United States and its citizens by alien
                  terrorists;
                    (E) similarly, some foreign terrorist organizations
                  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
                  governments and their citizens; and
                    (F) current immigration laws and procedures are not
                  effective in addressing the alien terrorist problem, as
                  they require the government to place sensitive intelligence
                  sources and methods at risk and allow the alien to remain
                  within the United States for the prolonged period necessary
                  to pursue a deportation action. Moreover, under the current
                  statutory framework a few high ranking members of terrorist
                  organizations have been naturalized as United States
                  citizens because denial of such naturalizations would have
                  necessitated public disclosure of highly classified sources
                  and methods.
                (2) The purpose of this section is to provide procedures
              which, consistent with principles of fundamental fairness, will
              allow the government to deport alien terrorists promptly
              without compromising intelligence sources and methods.
            (b) Alien Removal Procedures: The Immigration and Nationality Act
          is amended--
                (1) by adding at the end of the table of contents 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 information that an alien described in
          paragraph 4(B) of section 241(a), as amended, is subject to
          deportation because of such section. For purposes of this title,
          the terms `classified information' and `national security' shall
          have the meaning prescribed in section 1 of the Classified
          Information Procedures Act, 18 U.S.C. App. III 1.
            `(b) Whenever an official of the Department of Justice files,
          under section 502, an application with the court established under
          section 503 for authorization to seek removal pursuant to the
          provisions of this title, the alien's 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 Immigration and Nationality Act shall be applicable. An alien
          subject to removal under these provisions shall have no right of
          discovery of information derived from electronic surveillance
          authorized under the Foreign Intelligence Surveillance Act (50
          U.S.C. 1801 et seq.) or otherwise for national security purposes.
          Nor shall such alien have the right to seek suppression of
          evidence. Further, the government is authorized to use, in the
          removal proceedings, the fruits of electronic surveillance and/or
          unconsented physical 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 requirements
          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 section 241(a), as
          amended, represent a unique threat to the security of the United
          States. It is the intention of Congress 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
                `(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 provided by this
          title, such aliens shall not be given a deportation 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 section 503 for an order authorizing such a
          procedure. Each application shall require the approval of the
          Attorney General or the Deputy Attorney General based upon his
          finding 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;
                `(3) the identity of the alien for whom authorization 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 deportation of aliens
                  would pose a risk to the national 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, notwithstanding any other provision of law, may retain
          such an alien in custody in accordance with the procedures
          authorized by this title.
            `(2) An alien lawfully admitted for permanent residence
          (hereafter referred to as resident alien) shall be entitled to a
          release hearing before the judge assigned to the special removal
          case pursuant to section 503(a). The resident alien shall be
          granted release pending the special removal 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 established under
          section 503, the judge shall consider the application 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 application has been
              correctly identified and is an alien as described in paragraph
              4(B) of section 241(a), as amended; and
                `(2) adherence to the provisions of title II regarding 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 statement 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 Circuit 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 review, the alien
          shall be released from custody, unless such alien may be arrested
          and taken into custody pursuant to title II as an alien subject to
          deportation, in which case such alien shall be treated in
          accordance with the provisions of this Act concerning the
          deportation of aliens.
            `(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 correctly identified or is an
          alien as described in paragraph 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
          deportation, in which case such alien shall be treated in
          accordance with the provisions of this Act concerning the
          deportation of aliens simultaneously with the application of this
          title.
            `(4) If the application for the order is denied because, 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
          deportation of the identified alien would pose a risk to the
          national security of the United States, the judge shall release the
          alien from custody subject to the least restrictive condition or
          combination of conditions of release described in section 3142(b)
          and (c)(1)(B) (i) through (xiv) of title 18, United States Code,
          that will reasonably assure the appearance of the alien at any
          future proceeding pursuant to this title and will not endanger the
          safety of any other person or the Community; but if the judge finds
          no such condition or combination of conditions the alien shall
          remain in custody until the completion of any appeal authorized 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 condition 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 imprisonment.
            `(e)(1) In any case in which the application for the order
          authorizing the special procedures of this title is approved, the
          judge who granted the order shall consider each item of classified
          information the Department of Justice 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 determines 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 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 permit 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 opportunity 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 finding 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 injury to any person. If such finding is
              issued, the special removal hearing shall continue, the
              Department of Justice shall cause to be delivered to the alien
              a statement that no summary is possible, and the classified
              information submitted in camera and ex parte may be used
              pursuant to subsection (j).
            `(3) The Department of Justice may take an interlocutory 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 evidence may be
                  introduced in camera and ex parte; or
                    `(II) concerning the contents of any summary 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 finding permitted
              by paragraph (2);
          In any interlocutory appeal taken pursuant to this paragraph, the
          entire record, including any proposed order of the judge or summary
          of evidence, shall be transmitted to the Court of Appeals under
          seal and the matter shall be heard ex parte. The Court of Appeals
          shall consider the appeal as expeditiously as possible.
            `(f) 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 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 expeditiously as possible.
            `(g) The special removal hearing shall be held before the same
          judge who granted the order pursuant to subsection (e) unless that
          judge is deemed unavailable due to illness or disability by the
          chief judge of the court established 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 pursuant 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 financially 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 hearing 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 witness 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 reasonable 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 subsection (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 material matter.
          Such a request may be made ex parte except that the judge shall
          inform the Department of Justice of 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 introduced, 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 subpoena
          under this subsection may be served anywhere in the United States.
          A witness subpoenaed under this subsection shall receive the same
          fees and expenses as a
          witness 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 summarized 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 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 agency, elect to introduce such evidence in open
          session.
            `(k) Evidence introduced at the special removal hearing, 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 permitted to reply. The attorney for the
          Department of Justice 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.
            `(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 removal 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 Circuit 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 entire record shall be transmitted to the Court of
          Appeals and information received pursuant to subsection (j), and
          any portion of the judge's order that would reveal the substance 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 purposes of detention, such alien
          may be treated in accordance with the provisions of this Act
          concerning the deportation 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 information 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 certiorari
          except as provided by the Court of Appeals or a Justice 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 protect against the disclosure of
          classified information, including 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 consideration
          of cases to the various judges.
            `(b) Proceedings under section 502 shall be conducted as
          expeditiously as possible. The Chief Justice, in consultation with
          the Attorney General, the Director of Central Intelligence and
          other appropriate Federal officials, shall, consistent with the
          objectives of this title, provide 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
          information concerning matters before the court from harming 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 redesignation, except
          that the four associate judges first designated 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 pursuant 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 transported to any country which the alien shall
          designate provided 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 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 provision 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 countries to accept such an alien and at least
          every six months shall provide to the alien a written report on his
          efforts. Any alien in custody pursuant to this subsection shall be
          released from custody solely at the discretion of the Attorney
          General and subject to such conditions as the Attorney General
          shall deem appropriate. The determinations and actions of the
          Attorney General pursuant to this subsection 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 challenge 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 removal 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 paragraph (1), such an alien
          shall remain in the custody of the Attorney General, unless the
          Attorney General determines 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.
            `(3) Following the completion of a sentence of confinement by an
          alien described in paragraph (1) or following 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 provisions 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 Attorney 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 virtue of an arrest on a charge of felony.
            `(d)(1) An alien in the custody of the Attorney General pursuant
          to this title shall be given reasonable opportunity to communicate
          with and receive visits from members of his family, and to contact,
          retain, and communicate 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 providing
          representation services therefor. The Attorney General shall notify
          the appropriate embassy, mission, or consular office of the alien's
          detention.'.
            (c) Additional Amendments To INA: (1) Subsection 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 Nationality 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 semicolon 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 Nationality Act, and who
              thereafter, without the permission 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 concurrently with any
              other sentence.'
            (3) Section 106(a) of the Immigration and Nationality 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 striking 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 NATIONALITY ACT TO
                            FACILITATE REMOVAL OF ALIEN TERRORISTS.

            (a) Section 212(a)(3)(B) of the Immigration and Nationality Act
          (8 U.S.C. 1182(a)(3)(B)) is amended to read as follows:
                    `(B) Terrorism activities:
                        `(i) In general: Any alien who--
            `(I) has engaged in a terrorism activity, or
            `(II) a consular officer or the Attorney General knows, or has
          reason to believe, is likely to engage after entry in any terrorism
          activity (as defined in clause (iii)),
                      is excludable. An alien who is a representative of the
                      Palestine Liberation Organization, or any terrorist
                      organization designated 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 `representative' 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 purposes of
          subparagraph (3)(B)(i), the determination by the Secretary of State
          or the Attorney General that an alien is a representative of the
          organization shall be controlling and shall not be subject to
          review by any court.
                        `(ii) Terrorism activity defined: 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 involves any of
                      the following:
            `(I) The hijacking or sabotage of any conveyance (including an
          aircraft, vessel, or vehicle).
            `(II) The seizing or detaining, and threatening to kill, injure,
          or continue to detain, another individual in order to compel a
          third person (including a governmental organization) to do or
          abstain from doing any act as an explicit or implicit condition for
          the release of the individual seized or detained.
            `(III) A violent attack upon an internationally protected person
          (as defined in section 1116(b)(4) of title 18, United States Code)
          or upon the liberty of such a person.
            `(IV) An assassination.
            `(V) The use of any--
            `(aa) biological agent, chemical agent, or nuclear weapon or
          device, or
            `(bb) explosive, firearm, or other weapon (other than for mere
          personal monetary gain),
          with intent to endanger, directly, or indirectly, the safety of one
          or more individuals or to cause substantial damage to property.
            `(VI) A threat, attempt, or conspiracy to do any of the foregoing.
                        `(iii) Engage in terrorism activity defined: As used
                      in this Act, the term `engage in terrorism activity'
                      means to commit, in an individual capacity or as a
                      member of an organization, an act of terrorism activity
                      or an act which the actor knows, or reasonably should
                      know, affords material support to any individual,
                      organization, or government which the actor knows or
                      reasonably should know has committed or plans to commit
                      terrorism activity, including any of the following acts:
            `(I) The preparation or planning of terrorism activity.
            `(II) The gathering of information on potential targets for
          terrorism activity.
            `(III) The providing of any type of material support, including a
          safe house, transportation, communications, funds, false
          documentation or identification, weapons, explosives, or training.
            `(IV) The soliciting of funds or other things of value for
          terrorism activity or for any terrorist organization.
            `(V) The solicitation of any individual for membership in a
          terrorist organization, terrorist government, or to engage in a
          terrorism activity.
                        `(iv) Terrorist organization defined: As used in this
                      Act, the term `terrorist organization' means any
                      organization engaged, or which has a significant
                      subgroup which engages, in terrorism activity,
                      regardless of any legitimate activities 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 targets.'.
            (b) Section 241(a)(4)(B) of the Immigration and Nationality Act
          (8 U.S.C. 1251(a)(4)(B)) is amended to read as follows:
                `(B) Terrorism activities: Any alien who has engaged, is
              engaged, or at any time after entry engages in any terrorism
              activity (as defined in section 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 production authorized by this provision
          shall not extend to the records of any other agency or department
          of the Government or to any documents that do not pertain to the
          respondent's entry.'.
            (d) Section 242(b)(3) of the Immigration and Nationality Act (8
          U.S.C. 1252(b)(3)) is amended by inserting 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, reasonable opportunity shall not comprehend access to
          classified 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 Nationality 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
                      information contained in the application of the alien
                      to be used:
            `(I) for identification of the alien when there is reason to
          believe that the alien has been killed or severely incapacitated; or
            `(II) for criminal law enforcement purposes against the alien
          whose application is to be disclosed if the alleged criminal
          activity occurred after the legalization application was filed and
          such activity poses either an immediate risk to life or to national
          security 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 Nationality Act
          (8 U.S.C. 1160(b)(5)) is amended by inserting `, 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 Nationality 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 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 purposes against the
                  alien whose application is to be disclosed if the alleged
                  criminal activity occurred after the special agricultural
                  worker application was filed and such activity poses either
                  an immediate risk to life or to national security or would
                  be prosecutable as an aggravated felony, but without regard
                  to the length of sentence 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:
          `Sec. 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 United States both overseas
                  and within our territory;
                    `(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 overseas directed
                  against foreign governments and their people;
                    `(D) United States economic interests are significantly
                  impacted by terrorist attacks carried out in foreign
                  countries against United States citizens and businesses;
                    `(E) international cooperation is required for an
                  effective response to terrorism, as demonstrated by the
                  numerous multilateral conventions in force providing
                  universal prosecutive jurisdiction over persons involved in
                  a variety of terrorist acts, 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, raise significant funds
                  within the United States or use the United States as a
                  conduit for their receipt of funds raised in other nations;
                  and
                    `(G) the provision of funds to  organizations that engage
                  in terrorism serves to facilitate their terrorist
                  endeavors, regardless of whether the funds, in whole or in
                  part, are intended or claimed to be used for non-violent
                  purposes.
                `(2) The purpose of this section is to provide the Federal
              Government the fullest possible basis, consistent with the
              Constitution, to prevent persons within the United States or
              subject to the jurisdiction of the United States from providing
              funds, directly or indirectly, to foreign  organizations,
              including subordinate or affiliated persons, designated by the
              President as engaging in terrorism, unless authorized under
              this section.
            `(b) Authority: Notwithstanding any other provision of law, the
          President is authorized, under such regulations as he may
          prescribe, to regulate or prohibit--
                `(1) fund-raising or the provision of funds for use by or for
              the benefit of any foreign  organization, including persons
              assisting such  organization in fund-raising, that the
              President has designated pursuant to subsection (c) as being
              engaged in terrorism activities, or
                `(2) financial transactions with any such foreign
              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 subsection (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 subsection (b), the
              President is also authorized to designate persons which are
              raising funds for, or acting for or on behalf  of, any
              organization designated pursuant 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 manner as to warrant revocation of such
              designation, or that the national security, foreign relations,
              or economic interests of the United States so warrant, he may
              revoke such designation in whole or in part.
                `(4) Any designation, or revocation thereof, issued 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 conduct committed prior to
              the effective date of such revocation.
                `(6) Any finding made in any designation issued pursuant to
              paragraph (1) of this subsection that a foreign  organization
              engages in terrorism activity 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 hearing if such
              designation was issued and published in the Federal Register in
              accordance with this subsection.
            `(d) Prohibited Activities:
                `(1) Except as authorized pursuant to the procedures in
              subsection (e), it shall be unlawful for any person within the
              United States, or any person subject to the jurisdiction of the
              United States anywhere, to directly or indirectly, raise,
              receive or collect on behalf of, or furnish, give, transmit,
              transfer or provide funds to or for an  organization or person
              designated by the 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 jurisdiction 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 designated
              pursuant  to subsection (c) has an interest.
            `(e) Authorized Transactions:
                `(1) The Secretary shall publish regulations, consistent with
              the provisions of this subsection, setting 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 transfer funds to any
              organization or person designated under subsection (c) shall,
              regardless of whether it has an agency relationship with the
              designated 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 license 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 exclusively 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 terrorist activity.
                `(4) Any person granted a license shall maintain books and
              records, as required by the Secretary, that establish the
              source of all funds it receives, expenses it incurs, and
              disbursements it makes. Such books and records shall be made
              available for inspection 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 available 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 regulation procedures
              for the licensing of transactions otherwise 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 Institutions:
                `(1) Except as authorized by the Secretary by means of
              directives, regulations, or licenses, any financial 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 control over such
                  funds; and
                    `(B) report to the Secretary the existence of such funds
                  in accordance with the regulations prescribed by the
                  Secretary.
                `(2) Any financial institution that fails to report to the
              Secretary the existence of such funds shall be subject to a
              civil penalty of $250 per day for each day that it fails to
              report to the Secretary--
                    `(A) in the case of funds being possessed or controlled
                  at the time of the designation of the organization or
                  person, within 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 possession 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 investigations relating to (1) a licensee's
          compliance with the terms of a license issued by the Secretary
          pursuant to subsection (e) of this section, (2) a financial
          institution's compliance with the requirements of subsection (f) of
          this section, and (3) civil penalty proceedings authorized pursuant
          to subsection (i) of this section, shall be conducted in
          coordination 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 investigations to the Secretary for remedial licensing or
          civil penalty action.
            `(h) Recordkeeping and Reporting; Civil Procedures:
                `(1) Notwithstanding any other provision of law, in
              exercising the authorities granted by this section, 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 otherwise, 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 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, instruction, or
              direction issued under this section shall to the extent thereof
              be a full acquittance and discharge for all purposes of the
              obligation of the person 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 administration
              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 United States within the
              jurisdiction of which the investigation 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
              compel 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 ordered, 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 contempt
              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 subsection (d) shall
              be fined under this title, or imprisoned 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
              documented had the books and records been properly maintained,
              whichever is greater.
                `(B) Any person who fails to take the actions required of
              financial institutions pursuant to subsection (f)(1), or by
              regulations promulgated thereunder, shall be subject to a civil
              penalty of $50,000 per violation, or twice the amount of money of
              which the financial institution was required to retain possession
              or control, whichever is greater.
                `(C) Except as otherwise specified in this section, any
              person who violates any license, order, direction, or
              regulation issued  pursuant to this section shall be subject to
              a civil penalty of $50,000 per violation, or twice the value of
              the violation, whichever is greater.
                `(3) Any person who intentionally fails to maintain or to
              make available to the Secretary the books or records required
              by subsection (e), or by regulations 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 conviction, 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, or is about to engage
              in, any act which constitutes, or would constitute, a violation
              of this section, the Attorney General may initiate civil action
              in a district court of the United States to enjoin such
              violation.
                `(2) A proceeding under this subsection is governed by the
              Federal Rules of Civil Procedure, except that, if an indictment
              has been returned against the respondent, discovery is governed
              by the Federal Rules of Criminal Procedure.
            `(k) Extraterritorial Jurisdiction: There is extraterritorial
              Federal jurisdiction over an offense under this section.
            `(l) Classified Information in Civil Proceedings Brought by the
              United States:
                `(1) Discovery of classified information by defendants: A
              court, upon a sufficient showing, may authorize the United
              States to delete specified items of classified information from
              documents to be introduced into evidence and/or made available
              to the defendant through discovery under the Federal Rules of
              Civil Procedure, to substitute a summary of the information for
              such classified documents, or to substitute a statement
              admitting relevant facts that the classified information would
              tend to prove. The court shall permit the United States to make
              a request for such authorization in the form of a written
              statement to be inspected by the court alone. If the court
              enters an order granting relief following such an ex parte
              showing, the entire text of the statement of the United States
              shall be sealed and preserved in the records of the court to be
              made available to the appellate court in the event of an
              appeal. If the court enters an order denying relief to the
              United States under this provision, the United States may take
              an immediate, interlocutory 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 maintained under seal and delivered to the
              appellate court.
                `(2) Introduction of classified information; precautions by
              court:
                    `(A) Exhibits: The United States, in order to prevent
                  unnecessary or inadvertent disclosure of classified
                  information in a civil trial or other proceeding brought by
                  the United States under this section, may petition the
                  court ex parte to admit, in lieu of classified writings,
                  recordings or photographs, one or more of the following:
                  (i) copies of those items from which classified information
                  has been deleted, (ii) stipulations admitting relevant
                  facts that specific classified information would tend to
                  prove, or (iii) a summary of the specific classified
                  information. The court shall grant such a motion of the
                  United States if it finds that the redacted item,
                  stipulation, or summary will provide the defendant with
                  substantially the same ability to make his defense as would
                  disclosure of the specific classified information.
                    `(B) Taking of trial testimony: During the examination of
                  a witness in any civil proceeding brought by the United
                  States under this section, the United States may object to
                  any question or line of inquiry that may require the
                  witness to disclose classified information not previously
                  found to be admissible. Following such an objection, the
                  court shall take suitable action to determine whether the
                  response is admissible and, in doing so, shall take
                  precautions to guard against the compromise of any
                  classified information. Such action may include permitting
                  the United States to provide the court, ex parte, with a
                  proffer of the witness's response to the question or line
                  of inquiry, and requiring the defendant to provide the
                  court with a proffer of the nature of the information he
                  seeks to elicit.
                    `(C) Appeal: If the court enters an order denying relief
                  to the United States under this subsection, the United
                  States may take an immediate interlocutory appeal in
                  accordance with paragraph (3) of this subsection.
                `(3) Interlocutory appeal:
                    `(A) An interlocutory appeal by the United States shall
                  lie to a court of appeals from a decision or order of a
                  district court authorizing the disclosure of classified
                  information, imposing sanctions for nondisclosure of
                  classified information, or refusing a protective order
                  sought by the United States to prevent the disclosure of
                  classified information.
                    `(B) An appeal taken  pursuant to this section either
                  before or during trial shall be expedited by the court of
                  appeals. Prior to trial, an appeal shall be taken within
                  ten days after the decision or order appealed from and the
                  trial shall not commence until the appeal is resolved. If
                  an appeal is taken during trial, the trial court shall
                  adjourn the trial until the appeal is resolved and the
                  court of appeals (1) shall hear argument on such appeal
                  within four days of the adjournment of the trial, (2) may
                  dispense with written briefs other than the supporting
                  materials previously submitted to the trial court, (3)
                  shall render its decision within four days of argument on
                  appeal, and (4) may dispense with the issuance of a written
                  opinion in rendering its decision. Such appeal and decision
                  shall not affect the right of the defendant, in a
                  subsequent appeal from a final judgment, to claim as error
                  reversal by the trial court on remand of a ruling appealed
                  from during trial.
                `(4) Nothing in this subsection shall prevent the United
              States from seeking protective orders and/or asserting
              privileges ordinarily available to the United States to protect
              against the disclosure of classified information, including the
              invocation of the military and State secrets privilege.
            `(m) Definitions: As used in this section, the term--
                `(1) `classified information' means any information or
              material that has been determined by the United States
              Government pursuant to an Executive order, statute, or
              regulation, to require protection against unauthorized
              disclosure for reasons of national security and any restricted
              data, as defined in paragraph r. of section 11 of the Atomic
              Energy Act of 1954 (42 U.S.C. 2014(y));
                `(2) `financial institution' has the meaning prescribed 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 defense and
              foreign relations of the United States;
                `(5) `person' includes an individual, partnership,
              association, group, corporation, or other  organization;
                `(6) `Secretary' means the Secretary of the Treasury; and
                `(7) `United States', when used in a geographical sense,
              includes all commonwealths, territories, and possessions of the
              United States.'.
            (b) Technical Amendment: The analysis for chapter 113B of title
          18, United States Code, is amended by adding at the end 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 inserting after the phrase
          `Palestine Liberation Organization' 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 Powers 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.'.

          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 interference with civil
              aviation, maritime navigation, and other modes of transportation;
                (3) the criminal use of plastic explosives places innocent
              lives in jeopardy, endangers national security, affects
              domestic 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 Explosives 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 subsections:
            `(o) `Convention on the Marking of Plastic Explosives' means the
          Convention on the Marking of Plastic Explosives for the Purpose of
          Detection, Done at Montreal on 1 March 1991.
            `(p) `Detection agent' means any one of the substances specified
          in this subsection when introduced into a plastic explosive or
          formulated in such explosive as a part of the manufacturing process
          in such a manner as to achieve homogeneous distribution in the
          finished explosive, including--
                `(1) Ethylene glycol dinitrate (EGDN), C2H4(NO3)2, molecular
              weight 152, when the minimum concentration in the finished
              explosive is 0.2 percent by mass;
                `(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), c6H12(NO2)2,
              molecular weight 176, when the minimum concentration in the
              finished explosive is 0.1 percent by mass;
                `(3) Para-Mononitrotoluene (p-MNT), C7H7NO2, molecular weight
              137, when the minimum concentration in the finished explosive
              is 0.5 percent by mass;
                `(4) Ortho-Mononitrotoluene (o-MNT), C7H7NO2, molecular
              weight 137, when the minimum concentration in the finished
              explosive is 0.5 percent by mass; and
                `(5) any other substance in the concentration  specified by
              the Secretary, after consultation with the Secretary of State
              and the Secretary of Defense, which has been added to the table
              in part 2 of the Technical Annex to the Convention on the
              Marking of Plastic Explosives.
            `(q) `Plastic explosive' means an explosive material in flexible
          or elastic sheet form formulated with one or more high explosives
          which in their pure form have a vapor pressure less than 10-4 Pa at
          a temperature of  25-C., is formulated with a binder material, and
          is as a mixture malleable or flexible at normal room temperature.'.
          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 manufacture any
          plastic explosive which does not contain a detection agent.
            `(m)(1) it shall be unlawful for any person to import or bring
          into the United States, or export from the United States, any
          plastic explosive which does not contain a detection agent.
            `(2) This subsection does not apply to the importation or
          bringing into the United States, or the exportation from the United
          States, of any plastic explosive 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
          functions (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 respect to the United States.
            `(n)(1) It shall be unlawful for any person to ship, transport,
          transfer, receive, or possess any plastic explosive which does not
          contain a detection agent.
            `(2) This subsection does not apply to--
                `(A) the shipment, transportation, transfer, receipt, or
              possession of any plastic explosive, which was imported,
              brought into, or manufactured in the United States prior to the
              effective date of this Act by any person during  a period not
              exceeding three years after the effective date of this Act; or
                `(B) the shipment, transportation, transfer, receipt, or
              possession of any plastic explosive, which was imported,
              brought into, or manufactured in the United States prior to the
              effective date of this Act by or on behalf of any agency of the
              United States performing a military or police function
              (including any military reserve component) or by or on behalf
              of the National Guard of any State, not later than fifteen
              years after the date of entry into force of the Convention on
              the Marking of Plastic Explosives, with respect to the United
              States.
            `(o) It shall be unlawful for any person, other than an agency of
          the United States (including any military reserve component) or the
          National Guard of any State, possessing any plastic explosive on
          the effective date of this Act, to fail to report to the Secretary
          within one hundred twenty days from the effective date of this Act
          the quantity of such explosives possessed, the manufacturer or
          importer, any marks of identification on such explosives, and such
          other information as the Secretary may by regulations prescribe.'.
          SEC. 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 `subsections';
                (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 subsection:
            `(c) It is an affirmative defense against any proceeding
          involving sections 842 (l) through (o) if the proponent proves by a
          preponderance of the evidence that the plastic explosive--
                `(1) consisted of a small amount of plastic explosive
              intended for and utilized solely in lawful--
                    `(A) research, development, or testing of new or modified
                  explosive materials;
                    `(B) training in explosives detection or development or
                  testing of explosives detection equipment; or
                    `(C) forensic science purposes; or
                `(2) was plastic explosive which, within three years after
              the date of entry into force of the Convention on the Marking
              of Plastic Explosives, with respect to the United States, will
              be or is incorporated in a military device within the territory
              of the United States and remains an integral part of such
              military device, or is intended to be, or is incorporated in,
              and remains an integral part of a military device that is
              intended to become, or has become, the property of any agency
              of the United States performing military or police functions
              (including any military reserve component) or the National
              Guard of any State, wherever such device is located. For
              purposes of this subsection, the term `military device'
              includes, but is not restricted to, shells, bombs, projectiles,
              mines, missiles, rockets, shaped charges, grenades,
              perforators, and similar devices lawfully manufactured
              exclusively for military or police purposes.'.

          SEC. 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 violations of subsection (m) or
              (n) of section 842 only when they are committed by a member of
              a terrorist or revolutionary group. In any matter involving a
              terrorist or revolutionary group or individual, as determined
              by the Attorney General, the Attorney General shall have
              primary investigative responsibility and the Secretary shall
              assist the Attorney General as requested.'.

          SEC. 408. EFFECTIVE DATE.

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

                               TITLE V--NUCLEAR MATERIALS

          SEC. 501. EXPANSION OF NUCLEAR MATERIALS PROHIBITIONS.

            (a)(1) Findings: The Congress finds and declares:
                (A) 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.
                (B) The potential use of nuclear materials, including
              byproduct materials, enhances the threat posed by terrorist
              activities and thereby has a greater effect on the security
              interests of the United States.
                (C) Due to the widespread hazards presented by the threat of
              nuclear contamination, as well as nuclear bombs, the United
              States has a strong interest in assuring that persons who are
              engaged in the illegal acquisition and use of nuclear
              materials, including byproduct materials, are prosecuted for
              their offenses.
                (D) The threat that nuclear materials will be obtained and
              used by terrorist and other criminal organizations has
              increased substantially since the enactment in 1982 of the
              legislation which implemented 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 transportation of nuclear materials,
              thereby decreasing the security of such materials by increasing
              the opportunity 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 trafficking these
              materials from Eurasia and Eastern Europe frequently conducted
              their black market sales of these materials within the Federal
              Republic of Germany, the Baltic States, 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 materials pose such a
              significant future threat that the United States must use all
              lawful methods available to combat the illegal use of such
              materials.
                (J) The United States has an interest in encouraging 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 materials is important to the success of the effort to
              encourage such business ventures, and to further the foreign
              relations and commerce of the United States.
                (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 directed toward non-United States nationals.
                (L) There is presently no Federal criminal statute which
              provides adequate protection to United States interests from
              non-weapons grade, yet hazardous radioactive material, and from
              the illegal diversion of  nuclear materials which are held for
              other than peaceful purposes.
            (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 contamination and proliferation which may result from
          illegal possession 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 material' 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 environment'
              after `property';
                (5) amending subsection (c)(2) to read as follows:
                `(2) an offender or a victim is a national of the United
              States or a United States corporation or other legal entity;';
                (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 material 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 subsection (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);
                (14) inserting after subsection (f)(1) the following new
              paragraph:
                `(2) the term `nuclear byproduct material' means any material
              containing any radioactive isotope created through an
              irradiation process in the operation of a nuclear reactor or
              accelerator;';
                (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 following 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.'.
             TITLE VI--PROCEDURAL AND TECHNICAL CORRECTIONS AND IMPROVEMENTS
          SEC. 601. CORRECTION TO MATERIAL SUPPORT PROVISION.
            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 section:
          `Sec. 2339A. Providing material support to terrorists
            `(a) Definition: In this section, `material support or resources'
          means currency or other financial securities, financial services,
          lodging, training, safehouses, false documentation or
          identification, communications equipment, facilities, weapons,
          lethal substances, explosives, personnel, transportation, and other
          physical assets, but does not include humanitarian assistance to
          persons not directly involved in such violations.
            `(b) Offense: A person who, within the United States, provides
          material support or resources or conceals or disguises the nature,
          location, source, or ownership of material support or resources,
          knowing or intending that they are to be used in preparation for,
          in carrying out, a violation of section 32, 37, 351, 844(f) or (i),
          1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, or 2332a of
          this title or section 46502 of title 49, or in preparation for or
          carrying out the concealment or an escape from the commission of
          any such violation, shall be fined under this title, imprisoned not
          more than 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,' before
              `attempts or conspires to use, a weapon of mass destruction';
                (2) by redesignating subsection (b) as subsection (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 conspires to use, a weapon
          of mass destruction shall be imprisoned for any term of years or
          for life, and if death results, shall be punished by death or
          imprisonment for any term of years or for life.'.
          SEC. 603. ADDITION OF TERRORIST OFFENSES TO THE RICO STATUTE.
            (a) Section 1961(1)(B) of title 18 of the United States Code is
          amended by--
                (1) inserting after `Section' the following: `32 (relating to
              the destruction of aircraft), section 37 (relating to violence
              at international airports), section 115 (relating to
              influencing, impeding, or retaliating against a Federal
              official by threatening or injuring a family member), section';
                (2) inserting after `section 224 (relating to sports
              bribery),' the following: `section 351 (relating to
              Congressional or Cabinet officer assassination),';
                (3) inserting after `section 664 (relating to embezzlement
              from pension and welfare funds),' the following: `section 831
              (relating to prohibited transactions involving nuclear
              materials), section 844 (f) or (i) (relating to destruction by
              explosives or fire of government property or property affecting
              interstate or foreign commerce),';
                (4) inserting after `sections 891-894 (relating to
              extortionate credit transactions),' the following: `section 956
              (relating to conspiracy to kill, kidnap, maim, or injure
              certain property in a foreign country),';
                (5) inserting after `section 1084 (relating to the
              transmission of gambling information),' the following: `section
              1111 (relating to murder), section 1114 (relating to murder of
              United States law enforcement officials), section 1116
              (relating to murder of foreign officials, official guests, or
              internationally protected persons), section 1203 (relating to
              hostage taking),';
                (6) inserting after `section 1344 (relating to financial
              institution fraud),' the following: `section 1361 (relating to
              willful injury of government property within the special
              maritime and territorial jurisdiction),';
                (7) inserting after `section 1513 (relating to retaliating
              against a witness, victim, or an informant),' the following:
              `section 1751 (relating to Presidential assassination),';
                (8) inserting after `section 1958 (relating to use of
              interstate commerce facilities in the commission of
              murder-for-hire),' the following: `section 2280 (relating to
              violence against maritime navigation), section 2281 (relating
              to violence against maritime fixed platforms),'; and
                (9) inserting after `2321 (relating to trafficking in certain
              motor vehicles or motor vehicle parts),' the following:
              `section 2332 (relating to terrorist acts abroad against United
              States nationals), section 2332a (relating to use of weapons of
              mass destruction), section 2332b (relating to acts of terrorism
              transcending national boundaries), section 2339A (relating to
              providing material support to terrorists),'.
            (b) Section 1961(1) of title 18 of the United States Code is
          amended by striking `or' before `(E)', and inserting at the end
          thereof the following: `or (F) section 46502 of title 49, United
          States Code;'.
          SEC. 604. ADDITION OF TERRORISM OFFENSES TO THE MONEY LAUNDERING
STATUTE.
            (a) Section 1956(c)(7)(B)(ii) of title 18, United States Code, is
          amended by striking `or extortion;' and inserting `extortion,
          murder, or destruction of property by means of explosive or fire;'.
            (b) Section 1956(c)(7)(D) of title 18, United States Code, is
          amended by--
                (1) inserting after `an offense under' the following:
              `section 32 (relating to the destruction of aircraft), section
              37 (relating to violence at international airports), section
              115 (relating to influencing, impeding or retaliating against a
              Federal official by threatening or injuring a family member),';
                (2) inserting after `section 215 (relating to commissions or
              gifts for procuring loans),' the following: `section 351
              (relating to Congressional or Cabinet officer assassination),';
                (3) inserting after `section 798 (relating to espionage),'
              the following: `section 831 (relating to prohibited
              transactions involving nuclear materials), section 844 (f) or
              (i) (relating to destruction by explosives or fire of
              Government property or property affecting interstate or foreign
              commerce),';
                (4) inserting after `section 875 (relating to interstate
              communications),' the following: `section 956 (relating to
              conspiracy to kill, kidnap, maim, or injure certain property in
              a foreign country),';
                (5) inserting after `section 1032 (relating to concealment of
              assets from conservator, receiver, or liquidating agent of
              financial institution),' the following: `section 1111 (relating
              to murder), section 1114 (relating to murder of United States
              law enforcement officials), section 1116 (relating to murder of
              foreign officials, official guests, or internationally
              protected persons),';
                (6) inserting after `section 1203 (relating to hostage
              taking)' the following: `section 1361 (relating to willful
              injury of Government property), section 1363 (relating to
              destruction of property within the special maritime and
              territorial jurisdiction),';
                (7) inserting after `section 1708 (relating to theft from the
              mail' the following:'), section 1751 (relating to Presidential
              assassination),';
                (8) inserting after `2114 (relating to bank and postal
              robbery and theft),' the following: `section 2280 (relating to
              violence against maritime navigation), section 2281 (relating
              to violence against maritime fixed platforms),'; and
                (9) striking `of this title' and inserting the following:
              `section 2332 (relating to terrorist acts abroad against United
              States nationals), section 2332a (relating to use of weapons of
              mass destruction), section 2332b (relating to international
              terrorist acts transcending national boundaries), 2339A
              (relating to providing material support to terrorists) of this
              title, section 46502 of title 49, United States Code,'.

          SEC. 605. AUTHORIZATION FOR INTERCEPTIONS OF COMMUNICATIONS IN
                            CERTAIN TERRORISM RELATED OFFENSES.

            (a) Section 2516(1) of title 18, United States Code, is amended
          by--
                (1) striking `and' at the end of subparagraph (n);
                (2) redesignating subparagraph (o) as subparagraph (q); and
                (3) inserting these two new paragraphs after paragraph (n):
            `(o) any violation of section 956 or section 960 of title 18,
          United States Code (relating to certain actions against foreign
          nations);
            `(p) any violation of section 46502 of title 49, United States
          Code; and'.
            (b) Section 2516(1)(c) of title 18, United States Code, is
          amended by inserting before `or section 1992 (relating to wrecking
          trains)' the following: `section 2332 (relating to terrorist acts
          abroad), section 2332a (relating to weapons of mass destruction,
          section 2332b (relating to acts of terrorism transcending national
          boundaries), section 2339A (relating to providing material support
          to  terrorists), section 37 (relating to violence at international
          airports),'.

          SEC. 606. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION.

            Section 2280(B)(1)(A) of title 18, United States Code, is amended
          by--
                (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 paragraph:
                `(2) Whoever willfully makes any threat, or maliciously
              conveys false information knowing the same to be false,
              concerning an attempt or alleged attempt being made, or to be
              made to violate subsections (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 CONSPIRACIES.
            Section 844 of title 18, United States Code, is amended by adding
          at the end the following new subsection:
            `(n) Except as otherwise provided in this section, a person who
          conspires to commit any offense defined in this chapter shall be
          subject to the same penalties (other than the penalty of death) as
          those prescribed for the offense the commission of which was the
          object of the conspiracy.'.

          SEC. 609. AMENDMENT TO INCLUDE ASSAULTS, MURDERS, AND THREATS
                            AGAINST FORMER FEDERAL OFFICIALS ON ACCOUNT
                            OF THE PERFORMANCE 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 OFFENSES.

            (a)(1) Section 32(a)(7) of title 18, United States Code, is
          amended by inserting `or conspires' after `attempts'.
            (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'.
            (c)(1) Section 115(a)(1)(A) of title 18, United States Code, is
          amended by inserting `or conspires' after `attempts'.
            (2) Section 115(a)(2) of title 18, United States Code, as amended
          by section  609, is further amended by inserting `or conspires'
          after `attempts'.
            (3) Section 115(b)(2) of title 18, United States Code, is amended
          by striking both times it appears `or attempted kidnapping' and
          inserting both times `, attempted kidnapping or conspiracy to
          kidnap'.
            (4)(A) Section 115(b)(3) of title 18, United States Code, is
          amended by striking `or attempted murder' and inserting `,
          attempted murder or conspiracy to murder'.
            (B) Section 115(b)(3) of title 18, United States Code, is further
          amended by striking `and 1113' and inserting `, 1113 and 1117'.
            (d) 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 `attempts'.
            (g) Section 2281(a)(1)(F) of title 18, United States Code, is
          amended by inserting `or conspires' after `attempts'.
            (h)(1) Section 46502(a)(2) of title 49, United States Code, is
          amended by inserting `or conspiring' after `attempting'.
            (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 effectiveness and
          cost efficiency of the Antiterrorism Training Assistance 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
          evaluation 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';
                (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 subsection (d)(1)(B);
                (6) amending subsection (d)(2) to read as follows:
                `(2) Personnel of the United States Government authorized to
              advise foreign countries on anti-terrorism matters shall carry
              out their responsibilities 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).


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Provided by:
W. K. Gorman  <bj496@Cleveland.Freenet.Edu>

