                         TITLE VII-TERRORISM
            Subtitle A-Maritime Navigation and Fixed Platforms
SEC. 701. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION OR FIXED
PLATFORMS.
  Chapter 111 of title 18, United States Code, is amended by adding at
the end the following new sections:
"2280. Violence against maritime navigation
  "(a) OFFENSES.-
      "(1) IN GENERAL.-A PERSON WHO UNLAWFULLY AND INTENTIONALLY-
          "(A) SEIZES OR EXERCISES CONTROL OVER A SHIP BY FORCE OR THREAT
        THEREOF OR ANY OTHER FORM OF INTIMIDATION;
          "(B) PERFORMS AN ACT OF VIOLENCE AGAINST A PERSON ON BOARD A
        SHIP IF THAT ACT IS LIKELY TO ENDANGER THE SAFE NAVIGATION OF
        THAT SHIP;
          "(C) DESTROYS A SHIP OR CAUSES DAMAGE TO A SHIP OR TO ITS CARGO
        WHICH IS LIKELY TO ENDANGER THE SAFE NAVIGATION OF THAT SHIP;
          "(D) PLACES OR CAUSES TO BE PLACED ON A SHIP, BY ANY MEANS
        WHATSOEVER, A DEVICE OR SUBSTANCE WHICH IS LIKELY TO DESTROY THAT
        SHIP, OR CAUSE DAMAGE TO THAT SHIP OR ITS CARGO WHICH ENDANGERS
        OR IS LIKELY TO ENDANGER THE SAFE NAVIGATION OF THAT SHIP;
          "(E) destroys or seriously damages maritime navigational
        facilities or seriously interferes with their operation, if such
        act is likely to endanger the safe navigation of a ship;
          "(F) communicates information, knowing the information to be
        false and under circumstances in which such information may
        reasonably be believed, thereby endangering the safe navigation
        of a ship;
          "(G) injures or kills any person in connection with the
        commission or the attempted commission of any of the offenses set
        forth in subparagraphs (A) through (F); or
          "(H) attempts to do any act prohibited under subparagraphs (A)
        through (G),
    shall be fined under this title, imprisoned not more than 20 years,
    or both; and if the death of any person results from conduct
    prohibited by this paragraph, shall be punished by death or
    imprisoned for any term of years or for life.
      "(2) THREAT TO NAVIGATION.-A PERSON WHO THREATENS TO DO ANY ACT
    PROHIBITED UNDER PARAGRAPH (1) (B), (C) OR (E), WITH APPARENT
    DETERMINATION AND WILL TO CARRY THE THREAT INTO EXECUTION, IF THE
    THREATENED ACT IS LIKELY TO ENDANGER THE SAFE NAVIGATION OF THE SHIP
    IN QUESTION, SHALL BE FINED UNDER THIS TITLE, IMPRISONED NOT MORE

                                                  THAN 5 YEARS, OR BOTH.
  "(b) JURISDICTION.-THERE IS JURISDICTION OVER THE PROHIBITED ACTIVITY
IN SUBSECTION (B)-
      "(1) IN THE CASE OF A COVERED SHIP, IF-
          "(A) SUCH ACTIVITY IS COMMITTED-
              "(I) BY A PERSON ENGAGED IN TERRORISM OR WHO ACTS ON BEHALF
            OF A TERRORIST GROUP;
              "(II) AGAINST OR ON BOARD A SHIP FLYING THE FLAG OF THE
            UNITED STATES AT THE TIME THE PROHIBITED ACTIVITY IS
            COMMITTED;
              "(III) IN THE UNITED STATES AND THE ACTIVITY IS NOT
            PROHIBITED AS A CRIME BY THE STATE IN WHICH THE ACTIVITY
            TAKES PLACE; OR
              "(IV) THE ACTIVITY TAKES PLACE ON A SHIP FLYING THE FLAG OF
            A FOREIGN COUNTRY OR OUTSIDE THE UNITED STATES, BY A NATIONAL
            OF THE UNITED STATES OR BY A STATELESS PERSON WHOSE HABITUAL
            RESIDENCE IS IN THE UNITED STATES;
          "(B) DURING THE COMMISSION OF SUCH ACTIVITY, A NATIONAL OF THE
        UNITED STATES IS SEIZED, THREATENED, INJURED OR KILLED; OR
          "(C) THE OFFENDER IS LATER FOUND IN THE UNITED STATES AFTER
        SUCH ACTIVITY IS COMMITTED;
      "(2) IN THE CASE OF A SHIP NAVIGATING OR SCHEDULED TO NAVIGATE
    SOLELY WITHIN THE TERRITORIAL SEA OR INTERNAL WATERS OF A COUNTRY
    OTHER THAN THE UNITED STATES, IF THE OFFENDER IS LATER FOUND IN THE
    UNITED STATES AFTER SUCH ACTIVITY IS COMMITTED; AND
      "(3) in the case of any vessel, if such activity is committed in an
    attempt to compel the United States to do or abstain from doing any
    act.
  "(c) DEFINITIONS.-IN THIS SECTION-
      "'COVERED SHIP' MEANS A SHIP THAT IS NAVIGATING OR IS SCHEDULED TO
    NAVIGATE INTO, THROUGH OR FROM WATERS BEYOND THE OUTER LIMIT OF THE
    TERRITORIAL SEA OF A SINGLE COUNTRY OR A LATERAL LIMIT OF THAT
    COUNTRY'S TERRITORIAL SEA WITH AN ADJACENT COUNTRY.
      "'NATIONAL OF THE UNITED STATES' HAS THE MEANING STATED IN SECTION
    101(A)(22) OF THE IMMIGRATION AND NATIONALITY ACT (8 U.S.C.
    1101(A)(22)).
      "'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.
      "'SHIP' MEANS A VESSEL OF ANY TYPE WHATSOEVER NOT PERMANENTLY
    ATTACHED TO THE SEA-BED, INCLUDING DYNAMICALLY SUPPORTED CRAFT,
    SUBMERSIBLES OR ANY OTHER FLOATING CRAFT, BUT DOES NOT INCLUDE A
    WARSHIP, A SHIP OWNED OR OPERATED BY A GOVERNMENT WHEN BEING USED AS
    A NAVAL AUXILIARY OR FOR CUSTOMS OR POLICE PURPOSES, OR A SHIP WHICH
    HAS BEEN WITHDRAWN FROM NAVIGATION OR LAID UP.
      "'UNITED STATES', WHEN USED IN A GEOGRAPHICAL SENSE, INCLUDES THE
    COMMONWEALTH OF PUERTO RICO, THE COMMONWEALTH OF THE NORTHERN MARIANA
    ISLANDS AND ALL TERRITORIES AND POSSESSIONS OF THE UNITED STATES.
"2281. Violence against maritime fixed platforms
  "(a) OFFENSES.-
      "(1) IN GENERAL.-A PERSON WHO UNLAWFULLY AND INTENTIONALLY-
          "(A) SEIZES OR EXERCISES CONTROL OVER A FIXED PLATFORM BY FORCE
        OR THREAT THEREOF OR ANY OTHER FORM OF INTIMIDATION;
          "(B) PERFORMS AN ACT OF VIOLENCE AGAINST A PERSON ON BOARD A
        FIXED PLATFORM IF THAT ACT IS LIKELY TO ENDANGER ITS SAFETY;

                                                           "(C) DESTROYS A FIXED PLATFORM OR CAUSES DAMAGE TO IT WHICH IS
        LIKELY TO ENDANGER ITS SAFETY;
          "(D) PLACES OR CAUSES TO BE PLACED ON A FIXED PLATFORM, BY ANY
        MEANS WHATSOEVER, A DEVICE OR SUBSTANCE WHICH IS LIKELY TO
        DESTROY THAT FIXED PLATFORM OR LIKELY TO ENDANGER ITS SAFETY;
          "(E) INJURES OR KILLS ANY PERSON IN CONNECTION WITH THE
        COMMISSION OR THE ATTEMPTED COMMISSION OF ANY OF THE OFFENSES SET
        FORTH IN SUBPARAGRAPHS (A) THROUGH (D); OR
          "(F) ATTEMPTS TO DO ANYTHING PROHIBITED UNDER SUBPARAGRAPHS (A)
        THROUGH (E),
    SHALL BE FINED UNDER THIS TITLE, IMPRISONED NOT MORE THAN 20 YEARS,
    OR BOTH; AND IF DEATH RESULTS TO ANY PERSON FROM CONDUCT PROHIBITED
    BY THIS PARAGRAPH, SHALL BE PUNISHED BY DEATH OR IMPRISONED FOR ANY
    TERM OF YEARS OR FOR LIFE.
      "(2) THREAT TO SAFETY.-A PERSON WHO THREATENS TO DO ANYTHING
    PROHIBITED UNDER PARAGRAPH (1) (B) OR (C), WITH APPARENT
    DETERMINATION AND WILL TO CARRY THE THREAT INTO EXECUTION, IF THE
    THREATENED ACT IS LIKELY TO ENDANGER THE SAFETY OF THE FIXED
    PLATFORM, SHALL BE FINED UNDER THIS TITLE, IMPRISONED NOT MORE THAN 5
    YEARS, OR BOTH.
  "(B) JURISDICTION.-THERE IS JURISDICTION OVER THE PROHIBITED ACTIVITY
IN SUBSECTION (B) IF-
      "(1) SUCH ACTIVITY IS COMMITTED AGAINST OR ON BOARD A FIXED
    PLATFORM-
          "(A) THAT IS LOCATED ON THE CONTINENTAL SHELF OF THE UNITED
        STATES, IF-
              "(I) BY A PERSON ENGAGED IN TERRORISM OR WHO ACTS ON BEHALF
            OF A TERRORIST GROUP; OR
              "(ii) if the activity is not prohibited as a crime by the
            State in which the activity takes place;
          "(B) that is located on the continental shelf of another
        country, by a national of the United States or by a stateless
        person whose habitual residence is in the United States; or
          "(C) in an attempt to compel the United States to do or abstain
        from doing any act;
      "(2) during the commission of such activity against or on board a
    fixed platform located on a continental shelf, a national of the
    United States is seized, threatened, injured or killed; or
      "(3) such activity is committed against or on board a fixed
    platform located outside the United States and beyond the continental
    shelf of the United States and the offender is later found in the
    United States.
  "(c) DEFINITIONS.-In this section-
      "'continental shelf' means the sea-bed and subsoil of the submarine
    areas that extend beyond a country's territorial sea to the limits
    provided by customary international law as reflected in Article 76 of
    the 1982 Convention on the Law of the Sea.
      "'fixed platform' means an artificial island, installation or
    structure permanently attached to the sea-bed for the purpose of
    exploration or exploitation of resources or for other economic
    purposes.
      "'national of the United States' has the meaning stated in section
    101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
    1101(a)(22)).
      "'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.
      "'United States', when used in a geographical sense, includes the
    Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
    Islands and all territories and possessions of the United States.".
SEC. 702. TECHNICAL AMENDMENT.
  The chapter analysis for chapter 111 of title 18, United States Code,
is amended by adding at the end the following new items:
    "2280. Violence against maritime navigation.
    "2281. Violence against maritime fixed platforms.".
SEC. 703. EFFECTIVE DATES.
  This subtitle and the amendments made by this subtitle shall take
effect on the later of-
      (1) the date of the enactment of this Act; or
      (2)(A) in the case of section 2280 of title 18, United States Code,
    the date the Convention for the Suppression of Unlawful Acts Against
    the Safety of Maritime Navigation has come into force and the United
    States has become a party to that Convention; and
      (B) in the case of section 2281 of title 18, United States Code,
    the date the Protocol for the Suppression of Unlawful Acts Against
    the Safety of Fixed Platforms Located on the Continental Shelf has
    come into force and the United States has become a party to that
    Protocol.
                      Subtitle B-General Provisions
SEC. 711. WEAPONS OF MASS DESTRUCTION.
  (a) FINDINGS.-The Congress finds that the use and threatened use of
weapons of mass destruction (as defined in section 2332a of title 18,
United States Code, as added by subsection (b)) gravely harm the national
security and foreign relations interests of the United States, seriously
affect interstate and foreign commerce, and disturb the domestic
tranquility of the United States.
  (b) OFFENSE.-Chapter 113A of title 18, United States Code, is amended
by inserting after section 2332 the following new section:
"2332a. Use of weapons of mass destruction
  "(a) DEFINITIONS.-In this section-
      "'national of the United States' has the meaning given in section
    101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
    1101(a)(22)).
      "'weapon of mass destruction' means-
          "(A) any destructive device (as defined in section 921);
          "(B) poison gas;
          "(C) any weapon involving a disease organism; or
          "(D) any weapon that is designed to release radiation or
        radioactivity at a level dangerous to human life.
  "(b) OFFENSE.-A person who uses, or attempts or conspires to use, a
weapon of mass destruction-
      "(1) against a national of the United States while such national is
    outside of the United States;
      "(2) against any person within the United States; or
      "(3) against any property that is owned, leased or used by the
    United States or by any department or agency of the United States,
    whether the property is within or outside of the United States;
shall be imprisoned for any term of years or for life, and if death
results, shall be punished by death or imprisoned for any term of years
or for life.".

                                                                   (c) TECHNICAL AMENDMENT.-The chapter analysis for chapter 113A of title
18, United States Code, is amended by inserting after the item relating
to section 2332 the following new item:
"2332a. Use of weapons of mass destruction.".
SEC. 712. ENHANCED PENALTIES FOR CERTAIN OFFENSES.
  (a) SECTION 1705(b).-Section 206(b) of the International Economic
Emergency Powers Act (50 U.S.C. 1705(b)) is amended by striking "$50,000"
and inserting "$1,000,000".
  (b) SECTION 1705(a).-Section 206(a) of the International Economic
Emergency Powers Act (50 U.S.C. 1705(a)) is amended by striking "$10,000"
and inserting "$1,000,000".
  (c) SECTION 1541.-Section 1541 of title 18, United States Code, is
amended-
      (1) by striking "$500" and inserting "$250,000"; and
      (2) by striking "one year" and inserting "5 years".
  (d) CHAPTER 75.-Sections 1542, 1543, 1544 and 1546 of title 18, United
States Code, are each amended-
      (1) by striking "$2,000" each place it appears and inserting
    "$250,000"; and
      (2) by striking "five years" each place it appears and inserting
    "10 years".
  (e) SECTION 1545.-Section 1545 of title 18, United States Code, is
amended-
      (1) by striking "$2,000" and inserting "$250,000"; and
      (2) by striking "three years" and inserting "10 years".
SEC. 713. TERRITORIAL SEA EXTENDING TO TWELVE MILES INCLUDED IN SPECIAL
MARITIME AND TERRITORIAL JURISDICTION.
  The Congress declares that all the territorial sea of the United
States, as defined by Presidential Proclamation 5928 of December 27,
1988, is part of the United States, subject to its sovereignty, and, for
purposes of Federal criminal jurisdiction, is within the special maritime
and territorial jurisdiction of the United States wherever that term is
used in title 18, United States Code.
SEC. 714. ASSIMILATED CRIMES IN EXTENDED TERRITORIAL SEA.
  Section 13 of title 18, United States Code (relating to the adoption of
State laws for areas within Federal jurisdiction), is amended-
      (1) by inserting after "title" in subsection (a) the following: "or
    on, above, or below any portion of the territorial sea of the United
    States not within the territory of any State, Territory, Possession,
    or District"; and
      (2) by inserting at the end the following new subsection:
  "(c) Whenever any waters of the territorial sea of the United States
lie outside the territory of any State, Territory, Possession, or
District, such waters (including the airspace above and the seabed and
subsoil below, and artificial islands and fixed structures erected
thereon) shall be deemed for purposes of subsection (a) to lie within the
area of that State, Territory, Possession, or District it would lie
within if the boundaries of such State, Territory, Possession, or
District were extended seaward to the outer limit of the territorial sea
of the United States.".
SEC. 715. JURISDICTION OVER CRIMES AGAINST UNITED STATES NATIONALS ON
CERTAIN FOREIGN SHIPS.
  Section 7 of title 18, United States Code (relating to the special
maritime and territorial jurisdiction of the United States), is amended
by inserting at the end thereof the following new paragraph:

                                                                    "(8) To the extent permitted by international law, any foreign vessel
during a voyage having a scheduled departure from or arrival in the
United States with respect to an offense committed by or against a
national of the United States.".
SEC. 716. TORTURE.
  (a) IN GENERAL.-Part I of title 18, United States Code, is amended by
inserting after chapter 113A the following new chapter:
                          "CHAPTER 113B-TORTURE
"Sec.
"2340. Definitions.
"2340A. Torture.
"2340B. Exclusive remedies.
"2340. Definitions
  "In this chapter-
      "'severe mental pain or suffering' means the prolonged mental harm
    caused by or resulting from-
          "(A) the intentional infliction or threatened infliction of
        severe physical pain or suffering;
          "(B) the administration or application, or threatened
        administration or application, of mind altering substances or
        other procedures calculated to disrupt profoundly the senses or
        the personality;
          "(C) the threat of imminent death; or
          "(D) the threat that another person will imminently be
        subjected to death, severe physical pain or suffering, or the
        administration or application of mind altering substances or
        other procedures calculated to disrupt profoundly the senses or
        personality.
      "'torture' means an act committed by a person acting under the
    color of law specifically intended to inflict severe physical or
    mental pain or suffering (other than pain or suffering incidental to
    lawful sanctions) upon another person within his custody or physical
    control.
      "'United States' includes all areas under the jurisdiction of the
    United States including any of the places within the provisions of
    sections 5 and 7 of this title and section 101(38) of the Federal
    Aviation Act of 1958 (49 U.S.C. App. 1301(38)).
"2340A. Torture
  "(a) OFFENSES.-A person who outside the United States commits or
attempts to commit torture shall be fined under this title, imprisoned
not more than 20 years, or both; and if death results to any person from
conduct prohibited by this subsection, shall be punished by death or
imprisoned for any term of years or for life.
  "(b) JURISDICTION.-There is jurisdiction over the prohibited activity
in subsection (a) if-
      "(1) the alleged offender is a national of the United States; or
      "(2) the alleged offender is present in the United States,
    irrespective of the nationality of the victim or the alleged
    offender.
"2340B. Exclusive remedies
  "Nothing in this chapter shall be construed as precluding the
application of State or local laws on the same subject, nor shall
anything in this chapter be construed as creating any substantive or
procedural right enforceable by law by any party in any civil
proceeding.".

                                                                   (b) TECHNICAL AMENDMENT.-The part analysis for part I of title 18,
United States Code, is amended by inserting after the item for chapter
113A the following new item:
"113B. Torture                                                    2340.".
  (c) EFFECTIVE DATE.-The amendment made by this section shall take
effect on the later of-
      (1) the date of enactment of this Act; or
      (2) the date on which the United States has become a party to the
    Convention Against Torture and Other Cruel, Inhuman or Degrading
    Treatment or Punishment.
SEC. 717. EXTENSION OF THE STATUTE OF LIMITATIONS FOR CERTAIN TERRORISM
OFFENSES.
  (a) IN GENERAL.-Chapter 213 of title 18, United States Code, is amended
by inserting after section 3285 the following new section:
"3286. Extension of statute of limitations for certain terrorism offenses
  "Notwithstanding the provisions of section 3282, no person shall be
prosecuted, tried, or punished for any offense involving a violation of
section 32 (aircraft destruction), section 36 (airport violence), section
112 (assaults upon diplomats), section 351 (crimes against Congressmen or
Cabinet officers), section 1116 (crimes against diplomats), section 1203
(hostage taking), section 1361 (willful injury to government property),
section 1751 (crimes against the President), section 2280 (maritime
violence), section 2281 (maritime platform violence), section 2331
(terrorist acts abroad against United States nationals), section 2339
(use of weapons of mass destruction), or section 2340A (torture) of this
title or section 902 (i), (j), (k), (l), or (n) of the Federal Aviation
Act of 1958, as amended (49 U.S.C. App. 1572 (i), (j), (k), (l), or (n)),
unless the indictment is found or the information is instituted within
ten years next after such offense shall have been committed.".
  (b) TECHNICAL AMENDMENT.-The chapter analysis for chapter 213 of title
18, United States Code, is amended by inserting after the item relating
to section 3285 the following new item:
"3286. Extension of statute of limitations for certain terrorism
offenses.".
SEC. 718. FBI ACCESS TO TELEPHONE SUBSCRIBER INFORMATION.
  (a) REQUIRED CERTIFICATION.-Section 2709(b) of title 18, United States
Code, is amended to read as follows:
 
  "(b) REQUIRED CERTIFICATION.-The Director of the Federal Bureau of
Investigation, or his designee in a position not lower than Deputy
Assistant Director, may-
      "(1) request the name, address, length of service, and toll billing
    records of a person or entity if the Director (or his designee in a
    position not lower than Deputy Assistant Director) certifies in
    writing to the wire or electronic communication service provider to
    which the request is made that-
          "(A) the name, address, length of service, and toll billing
        records sought are relevant to an authorized foreign
        counterintelligence investigation; and
          "(B) there are specific and articulable facts giving reason to
        believe that the person or entity to whom the information sought
        pertains is a foreign power or an agent of a foreign power as
        defined in section 101 of the Foreign Intelligence Surveillance
        Act of 1978 (50 U.S.C. 1801); and
      "(2) request the name, address, and length of service of a person

                                                                               

    or entity if the Director (or his designee in a position not lower
    than Deputy Assistant Director) certifies in writing to the wire or
    electronic communication service provider to which the request is
    made that-
          "(A) the information sought is relevant to an authorized
        foreign counterintelligence investigation; and
          "(B) there are specific and articulable facts giving reason to
        believe that communication facilities registered in the name of
        the person or entity have been used, through the services of such
        provider, in communication with-
              "(i) an individual who is engaging or has engaged in
            international terrorism as defined in section 101(c) of the
            Foreign Intelligence Surveillance Act or clandestine
            intelligence activities that involve or may involve a
            violation of the criminal statutes of the United States; or
              "(ii) a foreign power or an agent of a foreign power under
            circumstances giving reason to believe that the communication
            concerned international terrorism as defined in section
            101(c) of the Foreign Intelligence Surveillance Act or
            clandestine intelligence activities that involve or may
            involve a violation of the criminal statutes of the United
            States.".
  (b) REPORT TO JUDICIARY COMMITTEES.-Section 2709(e) of title 18, United
States Code, is amended by adding after "Senate" the following: ", and
the Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate,".
SEC. 719. VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION.
  (a) OFFENSE.-Chapter 2 of title 18, United States Code, is amended by
adding at the end the following new section:
"36. Violence at international airports
  "(a) OFFENSE.-A PERSON WHO UNLAWFULLY AND INTENTIONALLY, USING ANY
DEVICE, SUBSTANCE, OR WEAPON-
      "(1) PERFORMS AN ACT OF VIOLENCE AGAINST A PERSON AT AN AIRPORT
    SERVING INTERNATIONAL CIVIL AVIATION THAT CAUSES OR IS LIKELY TO
    CAUSE SERIOUS BODILY INJURY (AS DEFINED IN SECTION 1365) OR DEATH; OR
      "(2) DESTROYS OR SERIOUSLY DAMAGES THE FACILITIES OF AN AIRPORT
    SERVING INTERNATIONAL CIVIL AVIATION OR A CIVIL AIRCRAFT NOT IN
    SERVICE LOCATED THEREON OR DISRUPTS THE SERVICES OF THE AIRPORT,
IF SUCH AN ACT ENDANGERS OR IS LIKELY TO ENDANGER SAFETY AT THAT AIRPORT,
OR ATTEMPTS TO DO SUCH AN ACT, SHALL BE FINED UNDER THIS TITLE,
IMPRISONED NOT MORE THAN 20 YEARS, OR BOTH; AND IF THE DEATH OF ANY
PERSON RESULTS FROM CONDUCT PROHIBITED BY THIS SUBSECTION, SHALL BE
PUNISHED BY DEATH OR IMPRISONED FOR ANY TERM OF YEARS OR FOR LIFE.
  "(B) JURISDICTION.-THERE IS JURISDICTION OVER THE PROHIBITED ACTIVITY
IN SUBSECTION (A) IF-
      "(1) THE PROHIBITED ACTIVITY TAKES PLACE IN THE UNITED STATES; OR
      "(2) THE PROHIBITED ACTIVITY TAKES PLACE OUTSIDE THE UNITED STATES
    AND THE OFFENDER IS LATER FOUND IN THE UNITED STATES.
  "(C) BAR TO PROSECUTION.-It is a bar to Federal prosecution under
subsection (a) for conduct that occurred within the United States that
the conduct-
      "(1) involved a domestic dispute solely affecting and between
    members of the same family or household or between social
    acquaintances; or
      "(2) occurred during or in relation to a labor dispute, and such

                                                                      

    conduct is prohibited as a felony under the law of the State in which
    it occurred.
  "(d) DEFINITION.-In this section, 'labor dispute' has the same meaning
that it has in the National Labor Relations Act, as defined in section
2(a) of that Act (29 U.S.C. 152(a)).".
  (b) TECHNICAL AMENDMENT.-The chapter analysis for chapter 2 of title
18, United States Code, is amended by adding at the end the following new
item:
"36. Violence at international airports.".
  (c) EFFECTIVE DATE.-The amendment made by subsection (a) shall take
effect on the later of-
      (1) the date of enactment of this Act; or
      (2) the date on which the Protocol for the Suppression of Unlawful
    Acts of Violence at Airports Serving International Civil Aviation,
    Supplementary to the Convention for the Suppression of Unlawful Acts
    Against the Safety of Civil Aviation, done at Montreal on 23
    September 1971, has come into force and the United States has become
    a party to the Protocol.
SEC. 720. PREVENTING ACTS OF TERRORISM AGAINST CIVILIAN AVIATION.
  (a) IN GENERAL.-Chapter 2 of title 18, United States Code, as amended
by section 719(a), is amended by adding at the end the following new
section:
"37. Violations of Federal aviation security regulations
  "A person who willfully violates a security regulation under part 107
or 108 of title 14, Code of Federal Regulations (relating to airport and
airline security) issued pursuant to section 315 or 316 of the Air
Transportation Security Act of 1974 (49 U.S.C. App. 1356 and 1357), or a
successor part, shall be fined under this title, imprisoned for not more
than 1 year, or both.".
  (b) TECHNICAL AMENDMENT.-The chapter analysis for chapter 2 of title
18, United States Code, as amended by section 719(b), is amended by
adding at the end the following new item:
"37. Violations of Federal aviation security regulations.".
SEC. 721. COUNTERFEITING UNITED STATES CURRENCY ABROAD.
  (a) IN GENERAL.-Chapter 25 of title 18, United States Code, is amended
by adding before section 471 the following new section:
"470. Counterfeit acts committed outside the United States
  "A person who, outside the United States, engages in the act of-
      "(1) making, dealing, or possessing any counterfeit obligation or
    other security of the United States; or
      "(2) making, dealing, or possessing any plate, stone, or other
    thing, or any part thereof, used to counterfeit such obligation or
    security,
if such act would constitute a violation of section 471, 473, or 474 if
committed within the United States, shall be fined under this title,
imprisoned for not more than 15 years, or both.".
  (b) TECHNICAL AMENDMENTS.-
      (1) CHAPTER ANALYSIS.-THE CHAPTER ANALYSIS FOR CHAPTER 25 OF TITLE
    18, UNITED STATES CODE, IS AMENDED BY ADDING BEFORE SECTION 471 THE
    FOLLOWING NEW ITEM:
"470. Counterfeit acts committed outside the United States.".
      (2) PART ANALYSIS.-THE PART ANALYSIS FOR PART I OF TITLE 18, UNITED
    STATES CODE, IS AMENDED BY AMENDING THE ITEM FOR CHAPTER 25 TO READ
    AS FOLLOWS:
"25. Counterfeiting and forgery                                     470".

                                                                   SEC. 722. ECONOMIC TERRORISM TASK FORCE.
  (a) ESTABLISHMENT AND PURPOSE.-There is established an Economic
Terrorism Task Force to-
      (1) assess the threat of terrorist actions directed against the
    United States economy, including actions directed against the United
    States government and actions against United States business
    interests;
      (2) assess the adequacy of existing policies and procedures
    designed to prevent terrorist actions directed against the United
    States economy; and
      (3) recommend administrative and legislative actions to prevent
    terrorist actions directed against the United States economy.
  (b) MEMBERSHIP.-The Economic Terrorism Task Force shall be chaired by
the Secretary of State, or the Secretary's designee, and consist of-
      (1) the Director of Central Intelligence;
      (2) the Director of the Federal Bureau of Investigation;
      (3) the Director of the United States Secret Service;
      (4) the Administrator of the Federal Aviation Administration;
      (5) the Chairman of the Board of Governors of the Federal Reserve;
      (6) the Under Secretary of the Treasury for Finance; and
      (7) such other members of the Departments of Defense, Justice,
    State, Treasury, or any other agency of the United States government,
    as the Secretary of State may designate.
  (c) ADMINISTRATIVE PROVISIONS.-The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply with respect to the Economic Terrorism Task
Force.
  (d) REPORT.-Not later than 180 days after the date of enactment of this
Act, the chairman of the Economic Terrorism Task Force shall submit a
report to the President and the Congress detailing the findings and
recommendations of the task force. If the report of the task force is
classified, an unclassified version shall be prepared for public
distribution.
SEC. 723. TERRORIST DEATH PENALTY ACT.
  Section 2332(a)(1) of title 18, United States Code is amended to read
as follows:
      "(1) if the killing is murder (as defined in section 1111(a)), be
    fined under this title, punished by death or imprisonment for any
    term of years or for life, or both;".
SEC. 724. SENTENCING GUIDELINES INCREASE FOR TERRORIST CRIMES.
  The United States Sentencing Commission is directed to amend its
sentencing guidelines to provide an appropriate enhancement for any
felony, whether committed within or outside the United States, that
involves or is intended to promote international terrorism, unless such
involvement or intent is itself an element of the crime.
SEC. 725. ALIEN WITNESS COOPERATION.
  (a) ESTABLISHMENT OF NEW NONIMMIGRANT CLASSIFICATION.-Section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15))
is amended-
      (1) by striking "or" at the end of subparagraph (Q),
      (2) by striking the period at the end of subparagraph (R) and
    inserting "; or", and
      (3) by adding at the end the following new subparagraph:
      "(S) subject to section 214(j), an alien-
          "(i) who the Attorney General determines-
              "(I) is in possession of critical reliable information

                                                                          

            concerning a criminal organization or enterprise, and
              "(II) is willing to supply such information to Federal or
            State law enforcement authorities or a Federal or State court
            of law, and
          "(ii) whose presence in the United States the Attorney General
        determines is essential to the success of an authorized criminal
        investigation or the successful prosecution of an individual
        involved in the criminal organization or enterprise,
    and the spouse and minor children of the alien if accompanying, or
    following to join, the alien.".
  (b) CONDITIONS OF ENTRY.-
      (1) WAIVER OF GROUNDS FOR EXCLUSION.-Section 212(d) of the
    Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended by
    inserting before paragraph (2) the following new paragraph:
  "(1) The Attorney General may, in the Attorney General's discretion,
waive the application of subsection (a) (other than paragraph (3)(E)
thereof) in the case of a nonimmigrant described in section
101(a)(15)(S), if the Attorney General deems it in the national interest.
Any such waiver shall be deemed a waiver of any comparable ground for
deportation under section 241(a)(1)(A).".
      (2) NUMERICAL LIMITATIONS; PERIOD OF ADMISSION; ETC.-Section 214 of
    the Immigration and Nationality Act (8 U.S.C. 1184) is amended by
    adding at the end the following new subsection:
  "(j)(1) The number of aliens who may be provided a visa as
nonimmigrants under section 101(a)(15)(S) in any fiscal year may not
exceed 100.
  "(2) No alien may be admitted into the United States as such a
nonimmigrant more than 5 years after the date of the enactment of this
subsection.
  "(3) The period of admission of an alien as such a nonimmigrant may not
exceed 3 years. Such period may not be extended by the Attorney General.
  "(4) As a condition for the admission, and continued stay in lawful
status, of such a nonimmigrant, the nonimmigrant-
      "(A) shall report not less often than quarterly to the Commissioner
    such information concerning the alien's whereabouts and activities as
    the Attorney General may require,
      "(B) may not be convicted of any criminal offense in the United
    States after the date of such admission, and
      "(C) must have executed a form that waives the nonimmigrant's right
    to contest, other than on the basis of an application for withholding
    of deportation, any action for deportation of the alien instituted
    before the alien obtains lawful permanent resident status.
  "(5) The Attorney General shall submit a report annually to the
Committees on the Judiciary of the House of Representatives and of the
Senate concerning-
      "(A) the number of such nonimmigrants admitted,
      "(B) the number of successful criminal prosecutions or
    investigations resulting from cooperation of such aliens,
      "(C) the number of such nonimmigrants whose admission has not
    resulted in successful criminal prosecution or investigation, and
      "(D) the number of such nonimmigrants who have failed to report
    quarterly (as required under paragraph (4)) or who have been
    convicted of crimes in the United States after the date of their
    admission as such a nonimmigrant.".
      (3) PROHIBITION OF CHANGE OF STATUS.-Section 248(1) of the

                                                                     

    Immigration and Nationality Act (8 U.S.C. 1258(1)) is amended by
    striking "or (K)" and inserting "(K), or (S)".
  (c) ADJUSTMENT TO PERMANENT RESIDENT STATUS.-
      (1) IN GENERAL.-Section 245 of the Immigration and Nationality Act
    (8 U.S.C. 1255) is amended by adding at the end the following new
    subsection:
  "(h)(1) If, in the opinion of the Attorney General-
      "(A) a nonimmigrant admitted into the United States under section
    101(a)(15)(S) has supplied information described in clauses (i) and
    (ii) of that section, and
      "(B) the provision of such information has substantially
    contributed to the success of an authorized criminal investigation or
    the successful prosecution of an individual described in clause (ii)
    of that section,
the Attorney General may adjust the status of the alien (and the spouse
and child of the alien if admitted under such section) to that of an
alien lawfully admitted for permanent residence if the alien is not
described in section 212(a)(3)(E).
  "(2) Upon the approval of adjustment of status under paragraph (1), the
Attorney General shall record the alien's lawful admission for permanent
residence as of the date of such approval, and the Secretary of State
shall reduce by 1 the number of visas authorized to be issued under
section 201(d) and 203(b)(4) for the fiscal year then current.".
      (2) EXCLUSIVE MEANS OF ADJUSTMENT.-Section 245(c) of the
    Immigration and Nationality Act (8 U.S.C. 1255(c)) is amended-
          (A) by striking "or" before "(3)" and "(4)"; and
          (B) by inserting before the period at the end the following: ";
        or (5) an alien who was admitted as a nonimmigrant described in
        section 101(a)(15)(S)".
  (d) EXTENDING PERIOD OF DEPORTATION FOR CONVICTION OF A CRIME.-Section
241(a)(2)(A)(i)(I) of the Immigration and Nationality Act (8 U.S.C.
1251(a)(2)(A)(i)(I)) is amended by inserting "(or 10 years in the case of
an alien provided lawful permanent resident status under section 245(h))"
after "five years".
SEC. 726. PROVIDING MATERIAL SUPPORT TO TERRORISTS.
  (a) OFFENSE.-Chapter 113A of title 18, United States Code, is amended
by adding the following new section:
"2339A. Providing material support to terrorists
  "(a) DEFINITION.-IN THIS SECTION, 'MATERIAL SUPPORT OR RESOURCES' MEANS
CURRENCY OR OTHER FINANCIAL SECURITIES, FINANCIAL SERVICES, LODGING,
TRAINING, SAFEHOUSES, FALSE DOCUMENTATION OR IDENTIFICATION,
COMMUNICATIONS EQUIPMENT, FACILITIES, WEAPONS, LETHAL SUBSTANCES,
EXPLOSIVES, PERSONNEL, TRANSPORTATION, AND OTHER PHYSICAL ASSETS, BUT
DOES NOT INCLUDE HUMANITARIAN ASSISTANCE TO PERSONS NOT DIRECTLY INVOLVED
IN SUCH VIOLATIONS.
  "(B) OFFENSE.-A PERSON WHO, WITHIN THE UNITED STATES, PROVIDES MATERIAL
SUPPORT OR RESOURCES OR CONCEALS OR DISGUISES THE NATURE, LOCATION,
SOURCE, OR OWNERSHIP OF MATERIAL SUPPORT OR RESOURCES, KNOWING OR
INTENDING THAT THEY ARE TO BE USED IN PREPARATION FOR, OR IN CARRYING
OUT, A VIOLATION OF SECTION 32, 36, 351, 844 (F) OR (I), 1114, 1116,
1203, 1361, 1363, 1751, 2280, 2281, 2331, OR 2339 OF THIS TITLE OR
SECTION 902(I) OF THE FEDERAL AVIATION ACT OF 1958 (49 U.S.C. APP.
1472(I)), OR IN PREPARATION FOR OR CARRYING OUT THE CONCEALMENT OF AN
ESCAPE FROM THE COMMISSION OF ANY SUCH VIOLATION, SHALL BE FINED UNDER
THIS TITLE, IMPRISONED NOT MORE THAN 10 YEARS, OR BOTH.".

                                                                          

  (B) TECHNICAL AMENDMENT.-The chapter analysis for chapter 113A of title
18, United States Code, is amended by adding the following new item:
"2339A. Providing material support to terrorists.".
                TITLE VIII-SEXUAL VIOLENCE AND CHILD ABUSE
                         Subtitle A-Sexual Abuse
SEC. 801. SEXUAL ABUSE AMENDMENTS.
  (a) DEFINITIONS OF SEXUAL ACT AND SEXUAL CONTACT FOR VICTIMS UNDER THE
AGE OF 16.-Paragraph (2) of section 2245 of  title 18, United States
Code, is amended-
      (1) in subparagraph (B) by striking "or" after the semicolon;
      (2) in subparagraph (C) by striking "; and" and inserting "; or";
    and
      (3) by inserting a new subparagraph (D) as follows:
          "(D) the intentional touching, not through the clothing, of the
        genitalia of another person who has not attained the age of 16
        years with an intent to abuse, humiliate, harass, degrade, or
        arouse or gratify the sexual desire of any person;".
                       Subtitle B-Child Protection
SEC. 811. SHORT TITLE.
  This subtitle may be cited as the "National Child Protection Act of
1993".
SEC. 812. PURPOSES.
  The purposes of this subtitle are-
      (1) to establish a national system through which child care
    organizations may obtain the benefit of a nationwide criminal
    background check to determine if persons who are current or
    prospective child care providers have committed child abuse crimes or
    other serious crimes;
      (2) to establish minimum criteria for State laws and procedures
    that permit child care organizations to obtain the benefit of
    nationwide criminal background checks to determine if persons who are
    current or prospective child care providers have committed child
    abuse crimes or other serious crimes;
      (3) to provide procedural rights for persons who are subject to
    nationwide criminal background checks, including procedures to
    challenge and correct inaccurate background check information;
      (4) to establish a national system for the reporting by the States
    of child abuse crime information; and
      (5) to document and study the problem of child abuse by providing
    statistical and informational data on child abuse and related crimes
    to the Department of Justice and other interested parties.
SEC. 813. DEFINITIONS.
  For the purposes of this subtitle-
      (1) the term "authorized agency" means a division or office of a
    State designated by a State to report, receive, or disseminate
    information under this subtitle;
      (2) the term "background check crime" means a child abuse crime,
    murder, manslaughter, aggravated assault, kidnapping, arson, sexual
    assault, domestic violence, incest, indecent exposure, prostitution,
    promotion of prostitution, and a felony offense involving the use or
    distribution of a controlled substance;
      (3) the term "child" means a person who is a child for purposes of
    the criminal child abuse law of a State;
      (4) the term "child abuse" means the physical or mental injury,
    sexual abuse or exploitation, neglectful treatment, negligent

                                                                  
    treatment, or maltreatment of a child by any person in violation of
    the criminal child abuse laws of a State, but does not include
    discipline administered by a parent or legal guardian to his or her
    child provided it is reasonable in manner and moderate in degree and
    otherwise does not constitute cruelty;
      (5) the term "child abuse crime" means a crime committed under any
    law of a State that establishes criminal penalties for the commission
    of child abuse by a parent or other family member of a child or by
    any other person;
      (6) the term "child abuse crime information" means the following
    facts concerning a person who is under indictment for, or has been
    convicted of, a child abuse crime: full name, race, sex, date of
    birth, height, weight, a brief description of the child abuse crime
    or offenses for which the person has been arrested or is under
    indictment or has been convicted, the disposition of the charge, and
    any other information that the Attorney General determines may be
    useful in identifying persons arrested for, under indictment for, or
    convicted of, a child abuse crime;
      (7) the term "child care" means the provision of care, treatment,
    education, training, instruction, supervision, or recreation to
    children;
      (8) the term "domestic violence" means a felony or misdemeanor
    involving the use or threatened use of force by-
          (A) a present or former spouse of the victim;
          (B) a person with whom the victim shares a child in common;
          (C) a person who is cohabiting with or has cohabited with the
        victim as a spouse; or
          (D) any person defined as a spouse of the victim under the
        domestic or family violence laws of a State;
      (9) the term "exploitation" means child pornography and child
    prostitution;
      (10) the term "mental injury" means harm to a child's psychological
    or intellectual functioning, which may be exhibited by severe
    anxiety, depression, withdrawal or outward aggressive behavior, or a
    combination of those behaviors or by a change in behavior, emotional
    response, or cognition;
      (11) the term "national criminal background check system" means the
    system maintained by the Federal Bureau of Investigation based on
    fingerprint identification or any other method of positive
    identification;
      (12) the term "negligent treatment" means the failure to provide,
    for a reason other than poverty, adequate food, clothing, shelter, or
    medical care so as to seriously endanger the physical health of a
    child;
      (13) the term "physical injury" includes lacerations, fractured
    bones, burns, internal injuries, severe bruising, and serious bodily
    harm;
      (14) the term "provider" means
          (A) a person who-
              (i) is employed by or volunteers with a qualified entity;
              (ii) who owns or operates a qualified entity; or
              (iii) who has or may have unsupervised access to a child to
            whom the qualified entity provides child care; and
          (B) a person who-
              (i) seeks to be employed by or volunteer with a qualified

                                                                  
            entity;
              (ii) seeks to own or operate a qualified entity; or
              (iii) seeks to have or may have unsupervised access to a
            child to whom the qualified entity provides child care;
      (15) the term "qualified entity" means a business or organization,
    whether public, private, for-profit, not-for-profit, or voluntary,
    that provides child care or child care placement services, including
    a business or organization that licenses or certifies others to
    provide child care or child care placement services;
      (16) the term "sex crime" means an act of sexual abuse that is a
    criminal act;
      (17) the term "sexual abuse" includes the employment, use,
    persuasion, inducement, enticement, or coercion of a child to engage
    in, or assist another person to engage in, sexually explicit conduct
    or the rape, molestation, prostitution, or other form of sexual
    exploitation of children or incest with children; and
      (18) the term "State" means a State, the District of Columbia, the
    Commonwealth of Puerto Rico, American Samoa, the Virgin Islands,
    Guam, and the Trust Territories of the Pacific.
SEC. 814. REPORTING BY THE STATES.
  (a) IN GENERAL.-An authorized criminal justice agency of a State shall
report child abuse crime information to, or index child abuse crime
information in, the national criminal background check system.
  (b) PROVISION OF STATE CHILD ABUSE CRIME RECORDS THROUGH THE NATIONAL
CRIMINAL BACKGROUND CHECK SYSTEM.-(1) NOT LATER THAN 180 DAYS AFTER THE
DATE OF ENACTMENT OF THIS ACT, THE ATTORNEY GENERAL SHALL, SUBJECT TO THE
AVAILABILITY OF APPROPRIATIONS-
      (A) investigate the criminal records of each State and determine
    for each State a timetable by which the State should be able to
    provide child abuse crime records on an on-line capacity basis
    through the national criminal background check system;
      (B) establish guidelines for the reporting or indexing of child
    abuse crime information, including guidelines relating to the format,
    content, and accuracy of child abuse crime information and other
    procedures for carrying out this Act; and
      (C) notify each State of the determinations made pursuant to
    subparagraphs (A) and (B).
  (2) The Attorney General shall require as a part of the State timetable
that the State-
      (A) achieve, by not later than the date that is 3 years after the
    date of enactment of this Act, at least 80 percent currency of final
    case dispositions in computerized criminal history files for all
    identifiable child abuse crime cases in which there has been an event
    of activity within the last 5 years;
      (B) continue to maintain at least 80 percent currency of final case
    dispositions in all identifiable child abuse crime cases in which
    there has been an event of activity within the preceding 5 years; and
      (C) take steps to achieve full disposition reporting, including
    data quality audits and periodic notices to criminal justice agencies
    identifying records that lack final dispositions and requesting those
    dispositions.
  (c) LIAISON.-AN AUTHORIZED AGENCY OF A STATE SHALL MAINTAIN CLOSE
LIAISON WITH THE NATIONAL CENTER ON CHILD ABUSE AND NEGLECT, THE NATIONAL
CENTER FOR MISSING AND EXPLOITED CHILDREN, AND THE NATIONAL CENTER FOR
THE PROSECUTION OF CHILD ABUSE FOR THE EXCHANGE OF TECHNICAL ASSISTANCE

                                                                  

IN CASES OF CHILD ABUSE.
  (D) ANNUAL SUMMARY.-(1) The Attorney General shall publish an annual
statistical summary of the child abuse crime information reported under
this subtitle.
  (2) The annual statistical summary described in paragraph (1) shall not
contain any information that may reveal the identity of any particular
victim or alleged violator.
  (e) ANNUAL REPORT.-THE ATTORNEY GENERAL SHALL PUBLISH AN ANNUAL SUMMARY
OF EACH STATE'S PROGRESS IN REPORTING CHILD ABUSE CRIME INFORMATION TO
THE NATIONAL CRIMINAL BACKGROUND CHECK SYSTEM.
  (F) STUDY OF CHILD ABUSE OFFENDERS.-(1) Not later than 180 days after
the date of enactment of this Act, the Administrator of the Office of
Juvenile Justice and Delinquency Prevention shall begin a study based on
a statistically significant sample of convicted child abuse offenders and
other relevant information to determine-
      (A) the percentage of convicted child abuse offenders who have more
    than 1 conviction for an offense involving child abuse;
      (B) the percentage of convicted child abuse offenders who have been
    convicted of an offense involving child abuse in more than 1 State;
      (C) whether there are crimes or classes of crimes, in addition to
    those defined as background check crimes in section 3, that are
    indicative of a potential to abuse children; and
      (D) the extent to which and the manner in which instances of child
    abuse form a basis for convictions for crimes other than child abuse
    crimes.
  (2) Not later than 1 year after the date of enactment of this Act, the
Administrator shall submit a report to the Chairman of the Committee on
the Judiciary of the Senate and the Chairman of the Committee on the
Judiciary of the House of Representatives containing a description of and
a summary of the results of the study conducted pursuant to paragraph
(1).
 
SEC. 815. BACKGROUND CHECKS.
  (a) IN GENERAL.-(1) A State may have in effect procedures (established
by or under State statute or regulation) to permit a qualified entity to
contact an authorized agency of the State to request a nationwide
background check for the purpose of determining whether there is a report
that a provider is under indictment for, or has been convicted of, a
background check crime.
  (2) The authorized agency shall access and review State and Federal
records of background check crimes through the national criminal
background check system and shall respond promptly to the inquiry.
  (b) GUIDELINES.-(1) The Attorney General shall establish guidelines for
State background check procedures established under subsection (a), which
guidelines shall include the requirements and protections of this
subtitle.
  (2) The guidelines established under paragraph (1) shall require-
      (A) that no qualified entity may request a background check of a
    provider under subsection (a) unless the provider first completes and
    signs a statement that-
          (i) contains the name, address, and date of birth appearing on
        a valid identification document (as defined by section 1028(d)(1)
        of title 18, United States Code) of the provider;
          (ii) the provider is not under indictment for, and has not been
        convicted of, a background check crime and, if the provider is

                                                                     

        under indictment for or has been convicted of a background check
        crime, contains a description of the crime and the particulars of
        the indictment or conviction;
          (iii) notifies the provider that the entity may request a
        background check under subsection (a);
          (iv) notifies the provider of the provider's rights under
        subparagraph (B); and
          (v) notifies the provider that prior to the receipt of the
        background check the qualified entity may choose to deny the
        provider unsupervised access to a child to whom the qualified
        entity provides child care;
      (B) that each State establish procedures under which a provider who
    is the subject of a background check under subsection (a) is
    entitled-
          (i) to obtain a copy of any background check report and any
        record that forms the basis for any such report; and
          (ii) to challenge the accuracy and completeness of any
        information contained in any such report or record and obtain a
        prompt determination from an authorized agency as to the validity
        of such challenge;
      (C) that an authorized agency to which a qualified entity has
    provided notice pursuant to subsection (a) make reasonable efforts to
    complete research in whatever State and local recordkeeping systems
    are available and in the national criminal background check system
    and respond to the qualified entity within 15 business days;
      (D) that the response of an authorized agency to an inquiry
    pursuant to subsection (a) inform the qualified entity that the
    background check pursuant to this section-
          (i) may not reflect all indictments or convictions for a
        background check crime; and
          (ii) may not be the sole basis for determining the fitness of a
        provider;
      (E) that the response of an authorized agency to an inquiry
    pursuant to subsection (a) be limited to the conviction or pending
    indictment information reasonably required to accomplish the purposes
    of this Act;
      (F) that the qualified entity may choose to deny the provider
    unsupervised access to a child to whom the qualified entity provides
    child care on the basis of a background check under subsection (a)
    until the provider has obtained a determination as to the validity of
    any challenge under subparagraph (B) or waived the right to make such
    challenge; and
      (G) that each State establish procedures to ensure that any
    background check under subsection (a) and the results thereof shall
    be requested by and provided only to-
          (i) qualified entities identified by States;
          (ii) authorized representatives of a qualified entity who have
        a need to know such information;
          (iii) the provider who is the subject of a background check;
          (iv) law enforcement authorities; or
          (v) pursuant to the direction of a court of law;
      (H) that background check information conveyed to a qualified
    entity pursuant to subsection (a) shall not be conveyed to any person
    except as provided under subparagraph (G);
      (I) that an authorized agency shall not be liable in an action at

                                                                      
    law for damages for failure to prevent a qualified entity from taking
    action adverse to a provider on the basis of a background check;
      (J) that a State employee or a political subdivision of a State or
    employee thereof responsible for providing information to the
    national criminal background check system shall not be liable in an
    action at law for damages for failure to prevent a qualified entity
    from taking action adverse to a provider on the basis a background
    check; and
      (K) that a State or Federal provider of criminal history records,
    and any employee thereof, shall not be liable in an action at law for
    damages for failure to prevent a qualified entity from taking action
    adverse to a provider on the basis of a criminal background check, or
    due to a criminal history record's being incomplete.
  (c) EQUIVALENT PROCEDURES.-(1) NOTWITHSTANDING ANYTHING TO THE CONTRARY
IN THIS SECTION, THE ATTORNEY GENERAL MAY CERTIFY THAT A STATE LICENSING
OR CERTIFICATION PROCEDURE THAT DIFFERS FROM THE PROCEDURES DESCRIBED IN
SUBSECTIONS (A) AND (B) SHALL BE DEEMED TO BE THE EQUIVALENT OF SUCH
PROCEDURES FOR PURPOSES OF THIS ACT, BUT THE PROCEDURES DESCRIBED IN
SUBSECTIONS (A) AND (B) SHALL CONTINUE TO APPLY TO THOSE QUALIFIED
ENTITIES, PROVIDERS, AND BACKGROUND CHECK CRIMES THAT ARE NOT GOVERNED BY
OR INCLUDED WITHIN THE STATE LICENSING OR CERTIFICATION PROCEDURE.
  (2) The Attorney General shall by regulation establish criteria for
certifications under this subsection. Such criteria shall include a
finding by the Attorney General that the State licensing or certification
procedure accomplishes the purposes of this Act and incorporates a
nationwide review of State and Federal records of background check
offenses through the national criminal background check system.
  (d) REGULATIONS.-(1) THE ATTORNEY GENERAL MAY BY REGULATION PRESCRIBE
SUCH OTHER MEASURES AS MAY BE REQUIRED TO CARRY OUT THE PURPOSES OF THIS
ACT, INCLUDING MEASURES RELATING TO THE SECURITY, CONFIDENTIALITY,
ACCURACY, USE, MISUSE, AND DISSEMINATION OF INFORMATION, AND AUDITS AND
RECORDKEEPING.
  (2) THE ATTORNEY GENERAL SHALL, TO THE MAXIMUM EXTENT POSSIBLE,
ENCOURAGE THE USE OF THE BEST TECHNOLOGY AVAILABLE IN CONDUCTING
BACKGROUND CHECKS.
SEC. 816. FUNDING FOR IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION.
  (a) USE OF FORMULA GRANTS FOR IMPROVEMENTS IN STATE RECORDS AND
SYSTEMS.-SECTION 509(B) OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT
OF 1968 (42 U.S.C. 3759(B)) IS AMENDED-
 
      (1) in paragraph (2) by striking "and" after the semicolon;
      (2) in paragraph (3) by striking the period and inserting "; and";
    and
      (3) by adding at the end the following new paragraph:
      "(4) the improvement of State record systems and the sharing of all
    of the records described in paragraphs (1), (2), and (3) and the
    records required by the Attorney General under section 914 of the
    National Child Protection Act of 1993 with the Attorney General for
    the purpose of implementing the National Child Protection Act of
    1993.".
  (b) ADDITIONAL FUNDING GRANTS FOR THE IMPROVEMENT OF CHILD ABUSE CRIME
INFORMATION.-(1) THE ATTORNEY GENERAL SHALL, SUBJECT TO APPROPRIATIONS
AND WITH PREFERENCE TO STATES THAT AS OF THE DATE OF ENACTMENT OF THIS
ACT HAVE THE LOWEST PERCENT CURRENCY OF CASE DISPOSITIONS IN COMPUTERIZED
CRIMINAL HISTORY FILES, MAKE A GRANT TO EACH STATE TO BE USED-

                                                                    
      (A) FOR THE COMPUTERIZATION OF CRIMINAL HISTORY FILES FOR THE
    PURPOSES OF THIS SUBTITLE;
      (B) FOR THE IMPROVEMENT OF EXISTING COMPUTERIZED CRIMINAL HISTORY
    FILES FOR THE PURPOSES OF THIS SUBTITLE;
      (C) TO IMPROVE ACCESSIBILITY TO THE NATIONAL CRIMINAL BACKGROUND
    CHECK SYSTEM FOR THE PURPOSES OF THIS SUBTITLE; AND
      (D) TO ASSIST THE STATE IN THE TRANSMITTAL OF CRIMINAL RECORDS TO,
    OR THE INDEXING OF CRIMINAL HISTORY RECORD IN, THE NATIONAL CRIMINAL
    BACKGROUND CHECK SYSTEM FOR THE PURPOSES OF THIS SUBTITLE.
  (2) THERE ARE AUTHORIZED TO BE APPROPRIATED FOR GRANTS UNDER PARAGRAPH
(1) A TOTAL OF $20,000,000 FOR FISCAL YEARS 1995, 1996, AND 1997.
  (C) WITHHOLDING STATE FUNDS.-EFFECTIVE 1 YEAR AFTER THE DATE OF
ENACTMENT OF THIS ACT, THE ATTORNEY GENERAL MAY REDUCE BY UP TO 10
PERCENT THE ALLOCATION TO A STATE FOR A FISCAL YEAR UNDER TITLE I OF THE
OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 OF A STATE THAT IS NOT
IN COMPLIANCE WITH THE TIMETABLE ESTABLISHED FOR THAT STATE UNDER SECTION
914 OF THIS ACT.
                    Subtitle C-Crimes Against Children
SEC. 821. SHORT TITLE.
  This subtitle may be cited as the "Jacob Wetterling Crimes Against
Children Registration Act".
SEC. 822. ESTABLISHMENT OF PROGRAM.
  (a) IN GENERAL.-
      (1) STATE GUIDELINES.-The Attorney General shall establish
    guidelines for State programs requiring any person who is convicted
    of a criminal offense against a victim who is a minor to register a
    current address with a designated State law enforcement agency for 10
    years after release from prison, being placed on parole, or being
    placed on supervised release.
      (2) DEFINITION.-For purposes of this subsection, the term "criminal
    offense against a victim who is a minor" includes-
          (A) kidnapping of a minor, except by a noncustodial parent;
          (B) false imprisonment of a minor, except by a noncustodial
        parent;
          (C) criminal sexual conduct toward a minor;
          (D) solicitation of minors to engage in sexual conduct;
          (E) use of minors in a sexual performance; or
          (F) solicitation of minors to practice prostitution.
  (b) REGISTRATION REQUIREMENT UPON RELEASE, PAROLE, OR SUPERVISED
RELEASE.-An approved State registration program established by this
section shall contain the following requirements:
      (1) NOTIFICATION.-If a person who is required to register under
    this section is released from prison, paroled, or placed on
    supervised release, a State prison officer shall-
          (A) inform the person of the duty to register;
          (B) inform the person that if the person changes residence
        address, the person shall give the new address to a designated
        State law enforcement agency in writing within 10 days;
          (C) obtain fingerprints and a photograph of the person if these
        have not already been obtained in connection with the offense
        that triggers registration; and
          (D) require the person to read and sign a form stating that the
        duty of the person to register under this section has been
        explained.
      (2) TRANSFER OF INFORMATION TO STATE AND THE FBI.-The officer

                                                                     

    shall, within 3 days after receipt of information described in
    paragraph (1), forward it to a designated State law enforcement
    agency. The State law enforcement agency shall immediately enter the
    information into the appropriate State law enforcement record system
    and notify the appropriate law enforcement agency having jurisdiction
    where the person expects to reside. The State law enforcement agency
    shall also immediately transmit the conviction data and fingerprints
    to the Identification Division of the Federal Bureau of
    Investigation.
      (3) ANNUAL VERIFICATION.-On each anniversary of a person's initial
    registration date during the period in which the person is required
    to register under this section, the designated State law enforcement
    agency shall mail a nonforwardable verification form to the last
    reported address of the person. The person shall mail the
    verification form to the officer within 10 days after receipt of the
    form. The verification form shall be signed by the person, and state
    that the person still resides at the address last reported to the
    designated State law enforcement agency. If the person fails to mail
    the verification form to the designated State law enforcement agency
    within 10 days after receipt of the form, the person shall be in
    violation of this section unless the person proves that the person
    has not changed his or her residence address.
 
      (4) NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGES IN
    ADDRESS.-Any change of address by a person required to register under
    this section reported to the designated State law enforcement agency
    shall immediately be reported to the appropriate law enforcement
    agency having jurisdiction where the person is residing.
  (c) REGISTRATION FOR 10 YEARS.-A person required to register under this
section shall continue to comply with this section until 10 years have
elapsed since the person was released from imprisonment, or placed on
parole or supervised release.
  (d) PENALTY.-A person required to register under a State program
established pursuant to this section who knowingly fails to so register
and keep such registration current shall be subject to criminal penalties
in such State. It is the sense of Congress that such penalties should
include at least 6 months imprisonment.
  (e) PRIVATE DATA.-The information provided under this section is
private data on individuals and may be used for law enforcement purposes
and confidential background checks conducted with fingerprints by a
designated State law enforcement agency for child care services
providers.
SEC. 823. STATE COMPLIANCE.
  (a) COMPLIANCE DATE.-Each State shall have 3 years from the date of
enactment of this Act in which to implement the provisions of this
subtitle.
  (b) INELIGIBILITY FOR FUNDS.-The allocation of funds under section 506
of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3756) received by a State not complying with this subtitle 3 years
after the date of enactment of this Act shall be reduced by 10 percent
and the unallocated funds shall be reallocated to the States in
compliance with this section.

