*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 thereof 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 OF THIS * * TITLE) 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) IT IS A BAR TO FEDERAL PRESECUTION UNDER SUBSECTION (A) FOR * *CONDUCT THAT OCCURRED WITHIN THE UNITED STATES THAT THE CONDUCT INVOLVED* *WAS 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 WAS * *COMMITTED. FOR PURPOSES OF THIS SECTION, THE TERM 'LABOR DISPUTE' HAS * *THE MEANING SET FORTH IN SECTION 2(C) OF THE NORRIS-LAGUARDIA ACT, AS * *AMENDED (29 U.S.C. 113(C)). * * (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 ABUSE OF CHILDREN, THE ELDERLY, AND * *INDIVIDUALS WITH DISABILITIES * *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-Protection of Children, the Elderly, and Individuals With * *Disabilities * *SEC. 811. SHORT TITLE. * * This subtitle may be cited as the "National Child, Elderly, and * *Individuals with Disabilities Protection Act of 1993". * *SEC. 812. PURPOSES. * * The purposes of this subtitle are- * * (1) to establish a national system through which organizations * * that care for children, the elderly, or individuals with * * disabilities may obtain the benefit of a nationwide criminal * * background check to determine if persons who are current or * * prospective care providers have committed abuse crimes or other * * serious crimes; * * (2) to establish minimum criteria for State laws and procedures * * that permit organizations that care for children, the elderly, or * * individuals with disabilities to obtain the benefit of nationwide * * criminal background checks to determine if persons who are current * * or prospective care providers have committed 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 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 "abuse crime" means a child abuse crime, a crime * * against the elderly, or a crime against an individual with * * disabilities. * * (2) the term "abuse crime information" means the following facts * * concerning a person who is under indictment for, or has been * * convicted of, an abuse crime: full name, race, sex, date of birth, * * height, weight, a brief description of the 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, an abuse crime; * * (3) 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; * * (4) the term "background check crime" means an abuse crime, * * murder, manslaughter, aggravated assault, kidnapping, arson, sexual * * assault, domestic violence, incest, indecent exposure, prostitution,* * promotion of prostitution, burglary, robbery, embezzlement, larceny,* * fraud, and a felony offense involving the use or distribution of a * * controlled substance; * * (5) the term "child" means a person who is a child for purposes of* * the criminal child abuse law of a State; * * (6) 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; * * (7) 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; * * (8) the term "care" means the provision of care, treatment, * * education, training, instruction, supervision, or recreation to * * children, the elderly, or individuals with disabilities; * * (9) 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; * * (10) the term "elderly" means a person who is sixty-five years old* * or older. * * (11) the term "exploitation" means child pornography and child * * prostitution; * * (12) the term "mental injury" means harm to a person'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; * * (13) 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 *