I

104TH CONGRESS

1ST SESSION H. R. 1710

To combat terrorism.

IN THE HOUSE OF REPRESENTATIVES

MAY 25, 1995

Mr. HYDE (for himself, Mr. MCCOLLUM, Mr. SMITH of Texas, Mr. GEKAS,

Mr. CANADY of Florida, Mr. HOKE, and Mr. BONO) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To combat terrorism.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Comprehensive

5 Antiterrorism Act of 1995’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—NEW OFFENSES

Sec. 101. Protection of Federal employees.

Sec. 102. Providing financial support to terrorist organizations.

Sec. 103. Modification of material support provision.

Sec. 104. Acts of terrorism transcending national boundaries.
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Sec. 105. Conspiracy to harm people and property overseas.

Sec. 106. Clarification and extension of criminal jurisdiction over certain terrorism offenses overseas.

Sec. 107. Expansion and modification of weapons of mass destruction statute.

Sec. 108. Addition of terrorism offenses to the money laundering statute.

Sec. 109. Expansion of Federal jurisdiction over bomb threats.

Sec. 110. Clarification of maritime violence jurisdiction.

Sec. 111. Possession of stolen explosives prohibited.

TITLE II—INCREASED PENALTIES

Sec. 201. Mandatory minimum for certain explosives offenses.

Sec. 202. Increased penalty for explosive conspiracies.

Sec. 203. Increased and alternate conspiracy penalties for terrorism offenses.

Sec. 204. Mandatory penalty for transferring a firearm knowing that it will be

used to commit a crime of violence.

Sec. 205. Mandatory penalty for transferring an explosive material knowing

that it will be used to commit a crime of violence.

Sec. 206. Directions to sentencing commission.

TITLE III—INVESTIGATIVE TOOLS

Sec. 301. Interceptions of communications.

Sec. 302. Pen registers and trap and trace devices in foreign counterintelligence

investigations.

Sec. 303. Disclosure of information and consumer reports to Federal Bureau

of Investigation for foreign counterintelligence purposes.

Sec. 304. Access to records of common carriers, public accommodation facilities, physical storage facilities and vehicle rental facilities in

foreign counterintelligence and counterterrorism cases.

Sec. 305. Study of tagging explosive materials, rendering explosive components

inert, and imposing controls of precursors of explosives.

Sec. 306. Limitation of statutory exclusionary rule concerning intercepted wire

or oral communications.

Sec. 307. Authority for wiretaps in any terrorism-related or explosives felony.

Sec. 308. Temporary emergency wiretap authority involving terroristic crimes.

Sec. 309. Expanded authority for multi-point wiretaps.

Sec. 310. Enhanced access to telephone billing records.

Sec. 311. Requirement to preserve evidence.

Sec. 312. Military assistance with respect to offenses involving weapons of mass

destruction.

Sec. 313. Detention hearing.

Sec. 314. Reward authority of the Attorney General.

Sec. 315. Definition of terrorism.

TITLE IV—NUCLEAR MATERIALS

Sec. 401. Expansion of nuclear materials prohibitions.

TITLE V—CONVENTION ON THE MARKING OF PLASTIC

EXPLOSIVES

Sec. 501. Definitions.

Sec. 502. Requirement of detection agents for plastic explosives.

Sec. 503. Criminal sanctions.

Sec. 504. Exceptions.

Sec. 505. Investigative authority.
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Sec. 506. Effective date.

TITLE VI—IMMIGRATION-RELATED PROVISIONS

Subtitle A—Removal of Alien Terrorists

PART 1—REMOVAL PROCEDURES FOR ALIEN TERRORISTS

Sec. 601. Removal procedures for alien terrorists.

Sec. 602. Funding for detention and deportation of alien terrorists.

PART 2—EXCLUSION AND DENIAL OF ASYLUM FOR ALIEN TERRORISTS

Sec. 611. Membership in terrorist organization as ground for exclusion.

Sec. 612. Denial of asylum to alien terrorists.

Sec. 613. Denial of other relief for alien terrorists.

Subtitle B—Expedited Exclusion

Sec. 621. Inspection and exclusion by immigration officers.

Sec. 622. Judicial review.

Sec. 623. Exclusion of aliens who have not been inspected and admitted.

Subtitle C—Improved Information and Processing

PART 1—IMMIGRATION PROCEDURES

Sec. 631. Access to certain confidential INS files through court order.

Sec. 632. Waiver authority concerning notice of denial of application for visas.

PART 2—ASSET FORFEITURE FOR PASSPORT AND VISA OFFENSES

Sec. 641. Criminal forfeiture for passport and visa related offenses.

Sec. 642. Subpoenas for bank records.

Sec. 643. Effective date.

TITLE VII—FUNDING

Sec. 701. Authorization of appropriations.

Sec. 702. Civil monetary penalty surcharge and telecommunications carrier

compliance payments.

1 TITLE I—NEW OFFENSES

2 SEC. 101. PROTECTION OF FEDERAL EMPLOYEES.

3 (a) HOMICIDE.—Section 1114 of title 18, United

4 States Code, is amended to read as follows:

5 ‘‘§ 1114. Protection of officers and employees of the

6 United States

7 ‘‘Whoever kills or attempts to kill any officer or em8 ployee of the United States or of any agency in any branch
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1 of the United States Government (including any member

2 of the uniformed services) while such officer or employee

3 is engaged in or on account of the performance of official

4 duties, or any person assisting such an officer or employee

5 in the performance of such duties or on account of that

6 assistance, shall be punished, in the case of murder, as

7 provided under section 1111, or in the case of man8 slaughter, as provided under section 1112, except that any

9 such person who is found guilty of attempted murder shall

10 be imprisoned for not more than 20 years.’’.

11 (b) THREATS AGAINST FORMER OFFICERS AND EM12 PLOYEES.—Section 115(a)(2) of title 18, United States

13 Code, is amended by inserting ‘‘, or threatens to assault,

14 kidnap, or murder, any person who formerly served as a

15 person designated in paragraph (1), or’’ after ‘‘assaults,

16 kidnaps, or murders, or attempts to kidnap or murder’’.

17 SEC. 102. PROVIDING FINANCIAL SUPPORT TO TERRORIST

18 ORGANIZATIONS.

19 (a) IN GENERAL.—That chapter 113B of title 18,

20 United States Code, that relates to terrorism is amended

21 by adding at the end the following:

22 ‘‘§ 2339B. Providing financial support to terrorist or23 ganizations

24 ‘‘(a) OFFENSE.—Whoever, within the United States,

25 knowingly provides material support or resources in or af-
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1 fecting interstate or foreign commerce, to any organiza2 tion designated by the President under section

3 212(a)(3)(B)(iv) of the Immigration and Nationality Act

4 as a terrorist organization shall be fined under this title

5 or imprisoned not more than 10 years, or both.

6 ‘‘(b) DEFINITION.—As used in this section, the term

7 ‘material support or resources’ has the meaning given that

8 term in section 2339A of this title.’’.

9 (b) CLERICAL AMENDMENT.—The table of sections

10 at the beginning of chapter 113B of title 18, United

11 States Code, is amended by adding at the end the follow12 ing new item:

‘‘2339B. Providing financial support to terrorist organizations.’’.

13 SEC. 103. MODIFICATION OF MATERIAL SUPPORT PROVI14 SION.

15 Section 2339A of title 18, United States Code, is

16 amended read as follows:

17 ‘‘§ 2339A. Providing material support to terrorists

18 ‘‘(a) OFFENSE.—Whoever, within the United States,

19 provides material support or resources or conceals or dis20 guises the nature, location, source, or ownership of mate21 rial support or resources, knowing or intending that they

22 are to be used in preparation for or in carrying out, a

23 violation of section 32, 37, 351, 844(f) or (i), 956, 1114,

24 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, 2332a,

25 or 2332b of this title or section 46502 of title 49, or in
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1 preparation for or in carrying out the concealment or an

2 escape from the commission of any such violation, shall

3 be fined under this title, imprisoned not more than ten

4 years, or both.’’.

5 ‘‘(b) DEFINITION.—In this section, the term ‘mate6 rial support or resources’ means currency or other finan7 cial securities, financial services, lodging, training,

8 safehouses, false documentation or identification, commu9 nications equipment, facilities, weapons, lethal substances,

10 explosives, personnel, transportation, and other physical

11 assets.’’.

12 SEC. 104. ACTS OF TERRORISM TRANSCENDING NATIONAL

13 BOUNDARIES.

14 (a) OFFENSE.—Title 18, United States Code, is

15 amended by inserting after section 2332a the following:

16 ‘‘§ 2332b. Acts of terrorism transcending national

17 boundaries

18 ‘‘(a) PROHIBITED ACTS.—

19 ‘‘(1) Whoever, involving any conduct transcend20 ing national boundaries and in a circumstance de21 scribed in subsection (b)—

22 ‘‘(A) kills, kidnaps, maims, commits an as23 sault resulting in serious bodily injury, or as24 saults with a dangerous weapon any individual

25 within the United States; or
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1 ‘‘(B) creates a substantial risk of serious

2 bodily injury to any other person by destroying

3 or damaging any structure, conveyance, or

4 other real or personal property within the

5 United States;

6 in violation of the laws of any State or the United

7 States shall be punished as prescribed in subsection

8 (c).

9 ‘‘(2) Whoever threatens to commit an offense

10 under paragraph (1), or attempts or conspires to do

11 so, shall be punished as prescribed in subsection (c).

12 ‘‘(b) JURISDICTIONAL BASES.—The circumstances

13 referred to in subsection (a) are—

14 ‘‘(1) any of the offenders travels in, or uses the

15 mail or any facility of, interstate or foreign com16 merce in furtherance of the offense or to escape ap17 prehension after the commission of the offense;

18 ‘‘(2) the offense obstructs, delays, or affects

19 interstate or foreign commerce, or would have so ob20 structed, delayed, or affected interstate or foreign

21 commerce if the offense had been consummated;

22 ‘‘(3) the victim, or intended victim, is the Unit23 ed States Government or any official, officer, em24 ployee, or agent of the legislative, executive, or judi-
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1 cial branches, or of any department or agency, of

2 the United States;

3 ‘‘(4) the structure, conveyance, or other real or

4 personal property is, in whole or in part, owned, pos5 sessed, used by, or leased to the United States, or

6 any department or agency thereof;

7 ‘‘(5) the offense is committed in the territorial

8 sea (including the airspace above and the seabed and

9 subsoil below, and artificial islands and fixed struc10 tures erected thereon) of the United States; or

11 ‘‘(6) the offense is committed in those places

12 within the United States that are in the special mar13 itime and territorial jurisdiction of the United

14 States.

15 Jurisdiction shall exist over all principals and co-conspira16 tors of an offense under this section, and accessories after

17 the fact to any offense under this section, if at least one

18 of such circumstances is applicable to at least one of19 fender.

20 ‘‘(c) PENALTIES.—

21 ‘‘(1) Whoever violates this section shall be pun22 ished—

23 ‘‘(A) for a killing or if death results to any

24 person from any other conduct prohibited by
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1 this section by death, or by imprisonment for

2 any term of years or for life;

3 ‘‘(B) for kidnapping, by imprisonment for

4 any term of years or for life;

5 ‘‘(C) for maiming, by imprisonment for not

6 more than 35 years;

7 ‘‘(D) for assault with a dangerous weapon

8 or assault resulting in serious bodily injury, by

9 imprisonment for not more than 30 years;

10 ‘‘(E) for destroying or damaging any

11 structure, conveyance, or other real or personal

12 property, by imprisonment for not more than

13 25 years;

14 ‘‘(F) for attempting or conspiring to com15 mit an offense, for any term of years up to the

16 maximum punishment that would have applied

17 had the offense been completed; and

18 ‘‘(G) for threatening to commit an offense

19 under this section, by imprisonment for not

20 more than 10 years.

21 ‘‘(2) Notwithstanding any other provision of

22 law, the court shall not place on probation any per23 son convicted of a violation of this section; nor shall

24 the term of imprisonment imposed under this section
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1 run concurrently with any other term of imprison2 ment.

3 ‘‘(d) LIMITATION ON PROSECUTION.—No indictment

4 shall be sought nor any information filed for any offense

5 described in this section until the Attorney General, or the

6 highest ranking subordinate of the Attorney General with

7 responsibility for criminal prosecutions, makes a written

8 certification that, in the judgment of the certifying official,

9 such offense, or any activity preparatory to or meant to

10 conceal its commission, is terrorism, as defined in section

11 2331 of this title.

12 ‘‘(e) PROOF REQUIREMENTS.—

13 ‘‘(1) The prosecution is not required to prove

14 knowledge by any defendant of a jurisdictional base

15 alleged in the indictment.

16 ‘‘(2) In a prosecution under this section that is

17 based upon the adoption of State law, only the ele18 ments of the offense under State law, and not any

19 provisions pertaining to criminal procedure or evi20 dence, are adopted.

21 ‘‘(f) EXTRATERRITORIAL JURISDICTION.—There is

22 extraterritorial Federal jurisdiction—

23 ‘‘(1) over any offense under subsection (a), in24 cluding any threat, attempt, or conspiracy to commit

25 such offense; and
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1 ‘‘(2) over conduct which, under section 3 of this

2 title, renders any person an accessory after the fact

3 to an offense under subsection (a).

4 ‘‘(g) DEFINITIONS.—As used in this section—

5 ‘‘(1) the term ‘conduct transcending national

6 boundaries’ means conduct occurring in another

7 country in addition to the conduct occurring in the

8 United States;

9 ‘‘(2) the term ‘facility of interstate or foreign

10 commerce’ has the meaning given that term in sec11 tion 1958(b)(2) of this title;

12 ‘‘(3) the term ‘serious bodily injury’ has the

13 meaning prescribed in section 1365(g)(3) of this

14 title; and

15 ‘‘(4) the term ‘territorial sea of the United

16 States’ means all waters extending seaward to 12

17 nautical miles from the baselines of the United

18 States determined in accordance with international

19 law.’’.

20 (b) CLERICAL AMENDMENT.—The table of sections

21 at the beginning of the chapter 113B of title 18, United

22 States Code, that relates to terrorism is amended by in23 serting after the item relating to section 2332a the follow24 ing new item:

‘‘2332b. Acts of terrorism transcending national boundaries.’’
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1 (c) STATUTE OF LIMITATIONS AMENDMENT.—Sec2 tion 3286 of title 18, United States Code, is amended by—

3 (1) striking ‘‘any offense’’ and inserting ‘‘any

4 non-capital offense’’;

5 (2) striking ‘‘36’’ and inserting ‘‘37’’;

6 (3) striking ‘‘2331’’ and inserting ‘‘2332’’;

7 (4) striking ‘‘2339’’ and inserting ‘‘2332a’’; and

8 (5) inserting ‘‘2332b (acts of terrorism tran9 scending national boundaries),’’ after ‘‘(use of weap10 ons of mass destruction),’’.

11 (d) PRESUMPTIVE DETENTION.—Section 3142(e) of

12 title 18, United States Code, is amended by inserting ‘‘,

13 956(a), or 2332b’’ after ‘‘section 924(c)’’.

14 SEC. 105. CONSPIRACY TO HARM PEOPLE AND PROPERTY

15 OVERSEAS.

16 (a) IN GENERAL.—Section 956 of chapter 45 of title

17 18, United States Code, is amended to read as follows:

18 ‘‘§ 956. Conspiracy to kill, kidnap, maim, or injure

19 persons or damage property in a foreign

20 country

21 ‘‘(a)(1) Whoever, within the jurisdiction of the United

22 States, conspires with one or more other persons, regard23 less of where such other person or persons are located,

24 to commit at any place outside the United States an act

25 that would constitute the offense of murder, kidnapping,
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1 or maiming if committed in the special maritime and terri2 torial jurisdiction of the United States shall, if any of the

3 conspirators commits an act within the jurisdiction of the

4 United States to effect any object of the conspiracy, be

5 punished as provided in subsection (a)(2).

6 ‘‘(2) The punishment for an offense under subsection

7 (a)(1) of this section is—

8 ‘‘(A) imprisonment for any term of years or for

9 life if the offense is conspiracy to murder or kidnap;

10 and

11 ‘‘(B) imprisonment for not more than 35 years

12 if the offense is conspiracy to maim.

13 ‘‘(b) Whoever, within the jurisdiction of the United

14 States, conspires with one or more persons, regardless of

15 where such other person or persons are located, to damage

16 or destroy specific property situated within a foreign coun17 try and belonging to a foreign government or to any politi18 cal subdivision thereof with which the United States is at

19 peace, or any railroad, canal, bridge, airport, airfield, or

20 other public utility, public conveyance, or public structure,

21 or any religious, educational, or cultural property so situ22 ated, shall, if any of the conspirators commits an act with23 in the jurisdiction of the United States to effect any object

24 of the conspiracy, be imprisoned not more than 25 years.’’.
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1 (b) CLERICAL AMENDMENT.—The item relating to

2 section 956 in the table of sections at the beginning of

3 chapter 45 of title 18, United States Code, is amended

4 to read as follows:

‘‘956. Conspiracy to kill, kidnap, maim, or injure persons or damage property

in a foreign country.’’.

5 SEC. 106. CLARIFICATION AND EXTENSION OF CRIMINAL

6 JURISDICTION OVER CERTAIN TERRORISM

7 OFFENSES OVERSEAS.

8 (a) AIRCRAFT PIRACY.—Section 46502(b) of title 49,

9 United States Code, is amended—

10 (1) in paragraph (1), by striking ‘‘and later

11 found in the United States’’;

12 (2) so that paragraph (2) reads as follows:

13 ‘‘(2) There is jurisdiction over the offense in

14 paragraph (1) if—

15 ‘‘(A) a national of the United States was

16 aboard the aircraft;

17 ‘‘(B) an offender is a national of the

18 United States; or

19 ‘‘(C) an offender is afterwards found in the

20 United States.’’; and

21 (3) by inserting after paragraph (2) the follow22 ing:

23 ‘‘(3) For purposes of this subsection, the term

24 ‘national of the United States’ has the meaning pre-
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1 scribed in section 101(a)(22) of the Immigration

2 and Nationality Act (8 U.S.C. 1101(a)(22)).’’.

3 (b) DESTRUCTION OF AIRCRAFT OR AIRCRAFT FA4 CILITIES.— Section 32(b) of title 18, United States Code,

5 is amended—

6 (1) by striking ‘‘, if the offender is later found

7 in the United States,’’; and

8 (2) by inserting at the end the following the fol9 lowing: ‘‘There is jurisdiction over an offense under

10 this subsection if a national of the United States

11 was on board, or would have been on board, the air12 craft; an offender is a national of the United States;

13 or an offender is afterwards found in the United

14 States. For purposes of this subsection, the term

15 ‘national of the United States’ has the meaning pre16 scribed in section 101(a)(22) of the Immigration

17 and Nationality Act.’’.

18 (c) MURDER OF FOREIGN OFFICIALS AND CERTAIN

19 OTHER PERSONS.—Section 1116 of title 18, United

20 States Code, is amended—

21 (1) in subsection (b), by adding at the end the

22 following:

23 ‘‘(7) ‘National of the United States’ has the

24 meaning prescribed in section 101(a)(22) of the Im-
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1 migration and Nationality Act (8 U.S.C.

2 1101(a)(22)).’’; and

3 (2) in subsection (c), by striking the first sen4 tence and inserting the following: ‘‘If the victim of

5 an offense under subsection (a) is an internationally

6 protected person outside the United States, the

7 United States may exercise jurisdiction over the of8 fense if (1) the victim is a representative, officer,

9 employee, or agent of the United States, (2) an of10 fender is a national of the United States, or (3) an

11 offender is afterwards found in the United States.’’.

12 (d) PROTECTION OF FOREIGN OFFICIALS AND CER13 TAIN OTHER PERSONS.—Section 112 of title 18, United

14 States Code, is amended—

15 (1) in subsection (c), by inserting ‘‘national of

16 the United States,’’ before ‘‘and’’; and

17 (2) in subsection (e), by striking the first sen18 tence and inserting the following: ‘‘If the victim of

19 an offense under subsection (a) is an internationally

20 protected person outside the United States, the

21 United States may exercise jurisdiction over the of22 fense if (1) the victim is a representative, officer,

23 employee, or agent of the United States, (2) an of24 fender is a national of the United States, or (3) an

25 offender is afterwards found in the United States.’’.
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1 (e) THREATS AND EXTORTION AGAINST FOREIGN

2 OFFICIALS AND CERTAIN OTHER PERSONS.—Section 878

3 of title 18, United States Code, is amended—

4 (1) in subsection (c), by inserting ‘‘national of

5 the United States,’’ before ‘‘and’’; and

6 (2) in subsection (d), by striking the first sen7 tence and inserting the following: ‘‘If the victim of

8 an offense under subsection (a) is an internationally

9 protected person outside the United States, the

10 United States may exercise jurisdiction over the of11 fense if (1) the victim is a representative, officer,

12 employee, or agent of the United States, (2) an of13 fender is a national of the United States, or (3) an

14 offender is afterwards found in the United States.’’.

15 (f) KIDNAPPING OF INTERNATIONALLY PROTECTED

16 PERSONS.—Section 1201(e) of title 18, United States

17 Code, is amended—

18 (1) by striking the first sentence and inserting

19 the following: ‘‘If the victim of an offense under sub20 section (a) is an internationally protected person

21 outside the United States, the United States may

22 exercise jurisdiction over the offense if (1) the victim

23 is a representative, officer, employee, or agent of the

24 United States, (2) an offender is a national of the
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1 United States, or (3) an offender is afterwards

2 found in the United States.’’; and

3 (2) by adding at the end the following: ‘‘For

4 purposes of this subsection, the term ‘national of the

5 United States’ has the meaning prescribed in section

6 101(a)(22) of the Immigration and Nationality Act

7 (8 U.S.C. 1101(a)(22)).’’.

8 (g) VIOLENCE AT INTERNATIONAL AIRPORTS.—

9 Section 37(b)(2) of title 18, United States Code, is

10 amended—

11 (1) by inserting ‘‘(A)’’ before ‘‘the offender is

12 later found in the United States’’; and

13 (2) by inserting ‘‘; or (B) an offender or a vic14 tim is a national of the United States (as defined in

15 section 101(a)(22) of the Immigration and National16 ity Act (8 U.S.C. 1101(a)(22)))’’ after ‘‘the offender

17 is later found in the United States’’.

18 (h) BIOLOGICAL WEAPONS.—Section 178 of title 18,

19 United States Code, is amended—

20 (1) by striking ‘‘and’’ at the end of paragraph

21 (3);

22 (2) by striking the ‘‘period’’ at the end of para23 graph (4) and inserting ‘‘; and’’; and

24 (3) by adding the following at the end:
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1 ‘‘(5) the term ‘national of the United States’

2 has the meaning prescribed in section 101(a)(22) of

3 the Immigration and Nationality Act (8 U.S.C.

4 1101(a)(22)).’’.

5 SEC. 107. EXPANSION AND MODIFICATION OF WEAPONS OF

6 MASS DESTRUCTION STATUTE.

7 Section 2332a of title 18, United States Code, is

8 amended—

9 (1) in subsection (a)—

10 (A) by inserting ‘‘, without lawful author11 ity’’ after ‘‘A person who’’;

12 (B) by inserting ‘‘threatens,’’ before ‘‘at13 tempts or conspires to use, a weapon of mass

14 destruction’’; and

15 (C) by inserting ‘‘and the results of such

16 use affect interstate or foreign commerce or, in

17 the case of a threat, attempt, or conspiracy,

18 would have affected interstate or foreign com19 merce’’ before the semicolon at the end of para20 graph (2); ‘‘

21 (2) in subsection (b), so that subparagraph (B)

22 of paragraph (2) reads as follows:

23 ‘‘(B) any weapon that is designed to cause

24 death or serious bodily injury through the re-
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1 lease, dissemination, or impact of toxic or poi2 sonous chemicals, or their precursors;’’;

3 (3) by redesignating subsection (b) as sub4 section (c); and

5 (4) by inserting after subsection (a) the follow6 ing new subsection:

7 ‘‘(b) Any national of the United States who, without

8 lawful authority and outside the United States, uses, or

9 threatens, attempts, or conspires to use, a weapon of mass

10 destruction shall be imprisoned for any term of years or

11 for life, and if death results, shall be punished by death,

12 or by imprisonment for any term of years or for life.’’.

13 SEC. 108. ADDITION OF TERRORISM OFFENSES TO THE

14 MONEY LAUNDERING STATUTE.

15 (a) MURDER AND DESTRUCTION OF PROPERTY.—

16 Section 1956(c)(7)(B)(ii) of title 18, United States Code,

17 is amended by striking ‘‘or extortion;’’ and inserting ‘‘ex18 tortion, murder, or destruction of property by means of

19 explosive or fire;’’.

20 (b) SPECIFIC OFFENSES.—Section 1956(c)(7)(D) of

21 title 18, United States Code, is amended—

22 (1) by inserting after ‘‘an offense under’’ the

23 following: ‘‘section 32 (relating to the destruction of

24 aircraft), section 37 (relating to violence at inter25 national airports), section 115 (relating to influenc-
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1 ing, impeding, or retaliating against a Federal offi2 cial by threatening or injuring a family member),’’;

3 (2) by inserting after ‘‘section 215 (relating to

4 commissions or gifts for procuring loans),’’ the fol5 lowing: ‘‘section 351 (relating to Congressional or

6 Cabinet officer assassination),’’;

7 (3) by inserting after ‘‘section 793, 794, or 798

8 (relating to espionage),’’ the following: ‘‘section 831

9 (relating to prohibited transactions involving nuclear

10 materials), section 844 (f) or (i) (relating to destruc11 tion by explosives or fire of Government property or

12 property affecting interstate or foreign commerce),’’;

13 (4) by inserting after ‘‘section 875 (relating to

14 interstate communications),’’ the following: ‘‘section

15 956 (relating to conspiracy to kill, kidnap, maim, or

16 injure certain property in a foreign country),’’;

17 (5) by inserting after ‘‘section 1032 (relating to

18 concealment of assets from conservator, receiver, or

19 liquidating agent of financial institution),’’ the fol20 lowing: ‘‘section 1111 (relating to murder), section

21 1114 (relating to protection of officers and employ22 ees of the United States), section 1116 (relating to

23 murder of foreign officials, official guests, or inter24 nationally protected persons),’’;
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1 (6) by inserting after ‘‘section 1203 (relating to

2 hostage taking)’’ the following: ‘‘section 1361 (relat3 ing to willful injury of Government property), sec4 tion 1363 (relating to destruction of property within

5 the special maritime and territorial jurisdiction),’’;

6 (7) by inserting after ‘‘section 1708 (theft from

7 the mail);’’ the following: ‘‘section 1751 (relating to

8 Presidential assassination),’’;

9 (8) by inserting after ‘‘2114 (relating to bank

10 and postal robbery and theft),’’ the following: ‘‘sec11 tion 2280 (relating to violence against maritime

12 navigation), section 2281 (relating to violence

13 against maritime fixed platforms),’’; and

14 (9) by striking ‘‘of this title’’ and inserting the

15 following: ‘‘section 2332 (relating to terrorist acts

16 abroad against United States nationals), section

17 2332a (relating to use of weapons of mass destruc18 tion), section 2332b (relating to international terror19 ist acts transcending national boundaries), 2339A

20 (relating to providing material support to terrorists)

21 of this title, section 46502 of title 49, United States

22 Code,’’.
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1 SEC. 109. EXPANSION OF FEDERAL JURISDICTION OVER

2 BOMB THREATS.

3 Section 844(e) of title 18, United States Code, is

4 amended by striking ‘‘commerce,’’ and inserting ‘‘inter5 state or foreign commerce, or in or affecting interstate or

6 foreign commerce,’’

7 SEC. 110. CLARIFICATION OF MARITIME VIOLENCE JURIS8 DICTION.

9 Section 2280(b)(1)(A) of title 18, United States

10 Code, is amended—

11 (1) in clause (ii), by striking ‘‘and the activity

12 is not prohibited as a crime by the State in which

13 the activity takes place’’; and

14 (2) in clause (iii), by striking ‘‘the activity takes

15 place on a ship flying the flag of a foreign country

16 or outside of the United States,’’.

17 SEC. 111. POSSESSION OF STOLEN EXPLOSIVES PROHIB18 ITED.

19 Section 842(h) of title 18, United States Code, is

20 amended to read as follows:

21 ‘‘(h) It shall be unlawful for any person to receive,

22 possess, transport, ship, conceal, store, barter, sell, dispose

23 of, or pledge or accept as security for a loan, any stolen

24 explosive materials which are moving as, which are part

25 of, which constitute, or which have been shipped or trans26 ported in, interstate or foreign commerce, either before or
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1 after such materials were stolen, knowing or having rea2 sonable cause to believe that the explosive materials were

3 stolen.’’.

4 TITLE II—INCREASED

5 PENALTIES

6 SEC. 201. MANDATORY MINIMUM FOR CERTAIN EXPLO7 SIVES OFFENSES.

8 Section 844(f) of title 18, United States Code, is

9 amendedto read as follows:

10 ‘‘(f) Whoever damages or destroys, or attempts to

11 damage or destroy, by means of fire or an explosive, any

12 personal or real property in whole or in part owned, pos13 sessed, or used by, or leased to, the United States, or any

14 department or agency thereof, shall be fined under this

15 title or imprisoned for not more than 25 years, or both,

16 but—

17 ‘‘(1) if personal injury results to any person

18 other than the offender, the term of imprisonment

19 shall be not more than 40 years;

20 ‘‘(2) if fire or an explosive is used and its use

21 creates a substantial risk of serious bodily injury to

22 any person other than the offender, the term of im23 prisonment shall not be less than 20 years; and

24 ‘‘(3) if death results to any person other than

25 the offender, the offender shall be subject to the
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1 death penalty or imprisonment for any term of years

2 not less than 30, or for life.’’.

3 SEC. 202. INCREASED PENALTY FOR EXPLOSIVE CONSPIR4 ACIES.

5 Section 844 of title 18, United States Code, is

6 amended by adding at the end the following:

7 ‘‘(n) Except as otherwise provided in this section, a

8 person who conspires to commit any offense defined in this

9 chapter shall be subject to the same penalties (other than

10 the penalty of death) as those prescribed for the offense

11 the commission of which was the object of the conspir12 acy.’’.

13 SEC. 203. INCREASED AND ALTERNATE CONSPIRACY PEN14 ALTIES FOR TERRORISM OFFENSES.

15 (a) TITLE 18 OFFENSES.—

16 (1) Sections 32(a)(7), 32(b)(4), 37(a),

17 115(a)(1)(A), 115(a)(2), 1203(a), 2280(a)(1)(H),

18 2281(a)(1)(F), of title 18, United States Code, are

19 each amended by inserting ‘‘or conspires’’ after ‘‘at20 tempts’’.

21 (2) Section 115(b)(2) of title 18, United States

22 Code, is amended by striking ‘‘or attempted kidnap23 ping’’ both places it appears and inserting ‘‘, at24 tempted kidnapping, or conspiracy to kidnap’’.
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1 (3)(A) Section 115(b)(3) of title 18, United

2 States Code, is amended by striking ‘‘or attempted

3 murder’’ and inserting ‘‘, attempted murder, or con4 spiracy to murder’’.

5 (B) Section 115(b)(3) of title 18, United States

6 Code, is amended by striking ‘‘and 1113’’ and in7 serting ‘‘, 1113, and 1117’’.

8 (4) Section 175(a) of title 18, United States

9 Code, is amended by inserting ‘‘or conspires to do

10 so,’’ after ‘‘any organization to do so,’’.

11 (b) AIRCRAFT PIRACY.—

12 (1) Section 46502(a)(2) of title 49, United

13 States Code, is amended by inserting ‘‘or conspir14 ing’’ after ‘‘attempting’’.

15 (2) Section 46502(b)(1) of title 49, United

16 States Code, is amended by inserting ‘‘or conspiring

17 to commit’’ after ‘‘committing’’.

18 SEC. 204. MANDATORY PENALTY FOR TRANSFERRING A

19 FIREARM KNOWING THAT IT WILL BE USED

20 TO COMMIT A CRIME OF VIOLENCE.

21 Section 924(h) of title 18, United States Code, is

22 amended—

23 (1) by inserting ‘‘or having reasonable cause to

24 believe’’ after ‘‘knowing’’; and
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1 (2) by striking ‘‘imprisoned not more than 10

2 years, fined in accordance with this title, or both.’’

3 and inserting ‘‘subject to the same penalties as may

4 be imposed under subsection (c) on a transferee for

5 a first conviction for the use or carrying of the fire6 arm.’’.

7 SEC. 205. MANDATORY PENALTY FOR TRANSFERRING AN

8 EXPLOSIVE MATERIAL KNOWING THAT IT

9 WILL BE USED TO COMMIT A CRIME OF VIO10 LENCE.

11 Section 844 of title 18, United States Code, is

12 amended by adding at the end the following:

13 ‘‘(n) Whoever knowingly transfers any explosive ma14 terials, knowing or having reasonable cause to believe that

15 such explosive materials will be used to commit a crime

16 of violence (as defined in section 924(c)(3) of this title)

17 or drug trafficking crime (as defined in section 924(c)(2)

18 of this title) shall be subject to the same penalties as may

19 be imposed under subsection (h) on a transferee for a first

20 conviction for the use or carrying of the explosive mate21 rials.’’.

22 SEC. 206. DIRECTIONS TO SENTENCING COMMISSION.

23 The United States Sentencing Commission shall

24 forthwith, in accordance with the procedures set forth in

25 section 21(a) of the Sentencing Act of 1987, as though
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1 the authority under that section had not expired, amend

2 the sentencing guidelines so that the chapter 3 adjustment

3 relating to international terrorism also applies to domestic

4 terrorism.

5 TITLE III—INVESTIGATIVE

6 TOOLS

7 SEC. 301. INTERCEPTIONS OF COMMUNICATIONS.

8 (a) AUTHORIZATION OF INTERCEPTIONS IN CERTAIN

9 TERRORISM RELATED OFFENSES.—Section 2516(1) of

10 title 18, United States Code, is amended—

11 (1) by striking ‘‘and’’ at the end of subpara12 graph (n);

13 (2) by redesignating subparagraph (o) as sub14 paragraph (q);

15 (3) by inserting after paragraph (n) the follow16 ing:

17 ‘‘(o) any violation of section 842 (relating to ex18 plosives violations), section 956 or section 960 (re19 lating to certain actions against foreign nations),

20 section 1114 (relating to protection of officers and

21 employees of the United States), section 1116 (relat22 ing to murder of foreign officials, official guests, or

23 internationally protected persons), section 1751 (re24 lating to Presidential assassination), section 2332

25 (relating to terrorist acts abroad), section 2332a (re-
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1 lating to weapons of mass destruction, section 2332b

2 (relating to acts of terrorism transcending national

3 boundaries), section 2339A (relating to providing

4 material support to terrorists), section 37 (relating

5 to violence at international airports) of title 18,

6 United States Code, or;

7 ‘‘(p) any violation of section 46502 of title 49,

8 United States Code; and’’.

9 (b) REPORTS CONCERNING INTERCEPTED COMMU10 NICATIONS.—Subsection (6) of section 2518 of the United

11 States Code is amended to read as follows:

12 ‘‘(6) Whenever an order authorizing interception is

13 entered under this chapter, the order shall require the at14 torney for the Government to file a report with the judge

15 who issued the order showing what progress has been

16 made toward achievement of the authorized objective and

17 the need for continued interception. Such report shall be

18 made 15 days after the interception has begun. No other

19 reports shall be made to the judge under this subsection.’’.

20 SEC. 302. PEN REGISTERS AND TRAP AND TRACE DEVICES

21 IN FOREIGN COUNTERINTELLIGENCE INVES22 TIGATIONS.

23 (a) APPLICATION.—Section 3122(b)(2) of title 18,

24 United States Code, is amended by inserting ‘‘or foreign

25 counterintelligence’’ after ‘‘criminal’’.
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1 (b) ORDER.—

2 (1) Section 3123(a) of title 18, United States

3 Code, is amended by inserting ‘‘or foreign counter4 intelligence’’ after ‘‘criminal’’.

5 (2) Section 3123(b)(1) of title 18, United

6 States Code, is amended in subparagraph (B), by

7 striking ‘‘criminal’’.

8 SEC. 303. DISCLOSURE OF INFORMATION AND CONSUMER

9 REPORTS TO FEDERAL BUREAU OF INVES10 TIGATION FOR FOREIGN COUNTERINTEL11 LIGENCE PURPOSES.

12 (a) IN GENERAL.—Chapter 33 of title 28, United

13 States Code, is amended by adding at the end the follow14 ing:

15 ‘‘§ 540B. Disclosures for counterintelligence purposes

16 ‘‘(a) IDENTITY OF FINANCIAL INSTITUTIONS.—Not17 withstanding any provision of the Fair Credit Reporting

18 Act, a consumer reporting agency shall furnish to the Fed19 eral Bureau of Investigation the names and addresses of

20 all financial institutions (as that term is defined in section

21 1101 of the Right to Financial Privacy Act of 1978) at

22 which a consumer maintains or has maintained an ac23 count, to the extent that information is in the files of the

24 agency, when presented with a written request for that

25 information, signed by the Director of the Federal Bureau
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1 of Investigation, or the Director’s designee (in a position

2 not lower than Deputy Assistant Director), which certifies

3 compliance with this section. The Director or the Direc4 tor’s designee may make such a certification only if the

5 Director or the Director’s designee has determined in writ6 ing that—

7 ‘‘(1) such information is necessary for the con8 duct of an authorized foreign counterintelligence in9 vestigation; and

10 ‘‘(2) there are specific and articulable facts giv11 ing reason to believe that the consumer—

12 ‘‘(A) is a foreign power (as defined in sec13 tion 101 of the Foreign Intelligence Surveil14 lance Act of 1978) or a person who is not a

15 United States person (as defined in such sec16 tion 101) and is an official of a foreign power;

17 or

18 ‘‘(B) is an agent of a foreign power and is

19 engaging or has engaged in international terror20 ism (as that term is defined in section 101(c)

21 of the Foreign Intelligence Surveillance Act of

22 1978) or clandestine intelligence activities that

23 involve or may involve a violation of criminal

24 statutes of the United States.
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1 ‘‘(b) IDENTIFYING INFORMATION.—Notwithstanding

2 any provision of the Fair Credit Reporting Act, a

3 consumer reporting agency shall furnish identifying infor4 mation respecting a consumer, limited to name, address,

5 former addresses, places of employment, or former places

6 of employment, to the Federal Bureau of Investigation

7 when presented with a written request, signed by the Di8 rector or the Director’s designee, which certifies compli9 ance with this subsection. The Director or the Director’s

10 designee may make such a certification only if the Director

11 or the Director’s designee has determined in writing

12 that—

13 ‘‘(1) such information is necessary to the con14 duct of an authorized foreign counterintelligence in15 vestigation; and

16 ‘‘(2) there is information giving reason to be17 lieve that the consumer has been, or is about to be,

18 in contact with a foreign power or an agent of a for19 eign power (as defined in section 101 of the Foreign

20 Intelligence Surveillance Act of 1978).

21 ‘‘(c) COURT ORDER FOR DISCLOSURE OF CONSUMER

22 REPORTS.—Notwithstanding any provision of the Fair

23 Credit Reporting Act, if requested in writing by the Direc24 tor of the Federal Bureau of Investigation, or a designee

25 of the Director, a court may issue an order ex parte direct-
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1 ing a consumer reporting agency to furnish a consumer

2 report to the Federal Bureau of Investigation, upon a

3 showing in camera that—

4 ‘‘(1) the consumer report is necessary for the

5 conduct of an authorized foreign counterintelligence

6 investigation; and

7 ‘‘(2) there are specific and articulable facts giv8 ing reason to believe that the consumer whose

9 consumer report is sought—

10 ‘‘(A) is an agent of a foreign power; and

11 ‘‘(B) is engaging or has engaged in inter12 national terrorism (as that term is defined in

13 section 2331 of this title) or clandestine intel14 ligence activities that involve or may involve a

15 violation of criminal statutes of the United

16 States.

17 The terms of an order issued under this subsection shall

18 not disclose that the order is issued for purposes of a

19 counterintelligence investigation.

20 ‘‘(d) CONFIDENTIALITY.—No consumer reporting

21 agency or officer, employee, or agent of a consumer report22 ing agency shall disclose to any person, other than those

23 officers, employees, or agents of a consumer reporting

24 agency necessary to fulfill the requirement to disclose in25 formation to the Federal Bureau of Investigation under
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1 this section, that the Federal Bureau of Investigation has

2 sought or obtained the identity of financial institutions or

3 a consumer report respecting any consumer under sub4 section (a), (b), or (c) and no consumer reporting agency

5 or officer, employee, or agent of a consumer reporting

6 agency shall include in any consumer report any informa7 tion that would indicate that the Federal Bureau of Inves8 tigation has sought or obtained such information or a

9 consumer report.

10 ‘‘(e) PAYMENT OF FEES.—The Federal Bureau of

11 Investigation shall, subject to the availability of appropria12 tions, pay to the consumer reporting agency assembling

13 or providing reports or information in accordance with

14 procedures established under this section, a fee for reim15 bursement for such costs as are reasonably necessary and

16 which have been directly incurred in searching, reproduc17 ing, or transporting books, papers, records, or other data

18 required or requested to be produced under this section.

19 ‘‘(f) LIMIT ON DISSEMINATION.—The Federal Bu20 reau of Investigation may not disseminate information ob21 tained pursuant to this section outside of the Federal Bu22 reau of Investigation, except to the Department of Justice

23 as may be necessary for the approval or conduct of a for24 eign counterintelligence investigation, or, where the infor25 mation concerns a person subject to the Uniform Code of
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1 Military Justice, to appropriate investigative authorities

2 within the military department concerned as may be nec3 essary for the conduct of a joint foreign counterintel4 ligence investigation.

5 ‘‘(g) RULES OF CONSTRUCTION.—Nothing in this

6 section shall be construed to prohibit information from

7 being furnished by the Federal Bureau of Investigation

8 pursuant to a subpoena or court order, or in connection

9 with a judicial or administrative proceeding to enforce the

10 provisions of this Act. Nothing in this section shall be con11 strued to authorize or permit the withholding or informa12 tion from the Congress.

13 ‘‘(h) REPORTS TO CONGRESS.—In January of each

14 year, the Attorney General, shall report to the Congress

15 concerning all requests made pursuant to subsections (a),

16 (b), and (c) during the preceding year.

17 ‘‘(i) DAMAGES.—Any agency or department of the

18 United States obtaining or disclosing any consumer re19 ports, records, or information contained therein in viola20 tion of this section is liable to the consumer to whom such

21 consumer reports, records, or information relate in an

22 amount equal to the sum of—

23 ‘‘(1) $100, without regard to the volume of

24 consumer reports, records, or information involved;
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1 ‘‘(2) any actual damages sustained by the

2 consumer as a result of the disclosure;

3 ‘‘(3) if the violation is found to have been will4 ful or intentional, such punitive damages as a court

5 may allow; and

6 ‘‘(4) in the case of any successful action to en7 force liability under this subsection, the costs of the

8 action, together with reasonable attorney fees, as de9 termined by the court.

10 ‘‘(j) DISCIPLINARY ACTIONS FOR VIOLATIONS.—If a

11 court determines that any agency or department of the

12 United States has violated any provision of this section

13 and the court finds that the circumstances surrounding

14 the violation raise questions of whether or not an officer

15 or employee of the agency or department acted willfully

16 or intentionally with respect to the violation, the agency

17 or department shall promptly initiate a proceeding to de18 termine whether or not disciplinary action is warranted

19 against the officer or employee who was responsible for

20 the violation.

21 ‘‘(k) GOOD-FAITH EXCEPTION.—Notwithstanding

22 any other provision of the Fair Credit Reporting Act, any

23 consumer reporting agency or agent or employee thereof

24 making disclosure of consumer reports or identifying in25 formation pursuant to this subsection in good-faith reli-
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1 ance upon a certification of the Federal Bureau of Inves2 tigation pursuant to provisions of this section shall not

3 be liable to any person for such disclosure under the Fair

4 Credit Reporting Act, the constitution of any State, or any

5 law or regulation of any State or any political subdivision

6 of any State.

7 ‘‘(l) LIMITATION OF REMEDIES.—Notwithstanding

8 any provision of the Fair Credit Reporting Act, the rem9 edies and sanctions set forth in this section shall be the

10 only judicial remedies and sanctions for violation of this

11 section.

12 ‘‘(m) INJUNCTIVE RELIEF.—In addition to any other

13 remedy contained in this section, injunctive relief shall be

14 available to require compliance with the procedures of this

15 section. In the event of any successful action under this

16 subsection, costs together with reasonable attorney fees,

17 as determined by the court, may be recovered

18 ‘‘(n) DEFINITIONS.—Any term used in this section

19 that is defined for the purposes of the Fair Credit Report20 ing Act shall have the meaning given that term for those

21 purposes.’’.

22 (b) CLERICAL AMENDMENT.—The table of sections

23 at the beginning of the Fair Credit Reporting Act (15

24 U.S.C. 1681a et seq.) is amended by adding after the item

25 relating to section 623 the following:

‘‘624. Disclosures to FBI for counterintelligence purposes.’’.
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1 SEC. 304. ACCESS TO RECORDS OF COMMON CARRIERS,

2 PUBLIC ACCOMMODATION FACILITIES, PHYS3 ICAL STORAGE FACILITIES AND VEHICLE

4 RENTAL FACILITIES IN FOREIGN COUNTER5 INTELLIGENCE AND COUNTERTERRORISM

6 CASES.

7 (a) IN GENERAL.—Title 18, United States Code, is

8 amended by inserting after chapter 121 the following new

9 chapter:

10 ‘‘CHAPTER 122—ACCESS TO CERTAIN RECORDS

‘‘Sec.

‘‘2720. Access to records of common carriers, public accommodation facilities, physical storage facilities, and vehicle rental facilities in

counterintelligence and counterterrorism cases.

11 ‘‘§ 2720. Access to records of common carriers, public

12 accommodation facilities, physical stor13 age facilities, and vehicle rental facilities

14 in counterintelligence and

15 counterterrorism cases

16 ‘‘(a) Any common carrier, public accommodation fa17 cility, physical storage facility, or vehicle rental facility

18 shall comply with a request for records in its possession

19 made pursuant to this section by the Federal Bureau of

20 Investigation when the Director or the Director’s designee

21 (in a position not lower than Assistant Special Agent in

22 Charge) certifies in writing to the common carrier, public

23 accommodation facility, physical storage facility, or vehicle
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1 rental facility that such records are sought for foreign

2 counterintelligence purposes and that there are specific

3 and articulable facts giving reason to believe that the per4 son or an agent of a foreign power as defined in section

5 101 of the Foreign Intelligence Surveillance Act (50

6 U.S.C. 1801).

7 ‘‘(b)(1) Except as otherwise provided in the sub8 section, no common carrier, public accommodation facility,

9 physical storage facility, or vehicle rental facility, or any

10 officer, employee, or agent of such common carrier, public

11 accommodation facility, physical storage facility, or vehicle

12 rental facility shall disclose to any person any information

13 about that request.

14 ‘‘(2) The prohibition of this subsection does not apply

15 to a disclosure to those officers, agents, or employees of

16 the common carrier, public accommodation facility, phys17 ical storage facility, or vehicle rental facility necessary to

18 fulfill the requirement to disclose the information to the

19 Federal Bureau of Investigation under this section,

20 ‘‘(3) The prohibition of this subsection ends 180 days

21 after the request is made under subsection (a), unless the

22 Director or the Director’s designee certifies in writing, at

23 the beginning of each succeeding 180-day period, to the

24 recipient of the request that the continuation of the prohi-
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1 bition during that period is necessary to the success of

2 an ongoing investigation.

3 ‘‘(c) As used in this section—

4 ‘‘(1) the term ‘common carrier’ has the mean5 ing given that term in section 10102 of title 49,

6 United States Code, and also includes an air carrier

7 (as defined in section 40102 of title 49, United

8 States Code) and a private commercial interstate

9 carrier for the delivery of packages and other ob10 jects;

11 ‘‘(2) the term ‘public accommodation facility’

12 means any inn, hotel, motel, or other establishment

13 which provides lodging to transient guests;

14 ‘‘(3) the term ‘physical storage facility’ means

15 any business or entity which provides space for the

16 storage of goods or materials, or services related to

17 the storage of goods or materials, to the public or

18 any segment thereof; and

19 ‘‘(4) the term ‘vehicle rental facility’ means any

20 person or entity which provides vehicles for rent,

21 lease, loan, or other similar use to the public or any

22 segment thereof.’’.

23 (b) CLERICAL AMENDMENT.—The table of chapters

24 for part I of title 18, United States Code, is amended by
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1 inserting after the item relating to chapter 121 the follow2 ing new item:

‘‘122. Access to certain records .................................................... 2729’’.

3 SEC. 305. STUDY OF TAGGING EXPLOSIVE MATERIALS, REN4 DERING EXPLOSIVE COMPONENTS INERT,

5 AND IMPOSING CONTROLS OF PRECURSORS

6 OF EXPLOSIVES.

7 (a) STUDY.—The Attorney General, in consultation

8 with other Federal, State and local officials with expertise

9 in this area and such other individuals as the Attorney

10 General deems appropriate, shall conduct a study concern11 ing—

12 (1) the tagging of explosive materials for pur13 poses of detection and identification;

14 (2) whether common chemicals used to manu15 facture explosive materials can be rendered inert and

16 whether it is feasible to require it; and

17 (3) whether controls can be imposed on certain

18 precursor chemicals used to manufacture explosive

19 materials and whether it is feasible to require it.

20 (b) REPORT.—Not later than 180 days after the date

21 of the enactment of this Act, the Attorney General shall

22 submit to the Congress a report that contains the results

23 of the study required by this section. The Attorney Gen24 eral shall make the report available to the public.
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1 SEC. 306. LIMITATION OF STATUTORY EXCLUSIONARY

2 RULE CONCERNING INTERCEPTED WIRE OR

3 ORAL COMMUNICATIONS.

4 Section 2515 of title 18, United States Code, is

5 amended by adding at the end the following: ‘‘This section

6 shall not apply to the disclosure by the United States in

7 a criminal trial or hearing or before a grand jury of the

8 contents of a wire or oral communication, or evidence de9 rived therefrom, unless the violation of this chapter in10 volved bad faith by law enforcement.’’

11 SEC. 307. AUTHORITY FOR WIRETAPS IN ANY TERRORISM12 RELATED OR EXPLOSIVES FELONY.

13 (a) DEFINITION OF ‘‘ELECTRONIC COMMUNICA14 TION’’.—Section 2510(12) of title 18, United States Code,

15 is amended—

16 (1) by striking or’’ at the end of subparagraph

17 (B);

18 (2) by inserting ‘‘or’’ at the end of subpara19 graph (c); and

20 (3) by adding a new subparagraph (D), as fol21 lows:

22 ‘‘(D) information stored in a communications system

23 used for the electronic storage and transfer of funds;’’

24 (b) DEFINITION OF ‘‘READILY ACCESSIBLE TO THE

25 GENERAL PUBLIC’’.—Section 2510(16) of title 18, United

26 States Code, is amended—
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1 (1) by inserting ‘‘or’’ at the end of subpara2 graph (D);

3 (2) by striking ‘‘or’’ at the end of subparagraph

4 (E); and

5 (3) by striking subparagraph (F).

6 SEC. 308. TEMPORARY EMERGENCY WIRETAP AUTHORITY

7 INVOLVING TERRORISTIC CRIMES.

8 (a) SECTION 2518.—Section 2518(7)(a) of title 18,

9 United States Code, is amended—

10 (1) by striking ‘‘or’’ at the end of subparagraph

11 (ii); and

12 (2) by inserting after subparagraph (ii) the fol13 lowing:

14 ‘‘(iii) conspiratorial activities involving do15 mestic terrorism or international terrorism (as

16 that term is defined in section 2331 of this

17 title), or’’; and

18 (3) by redesignating existing subparagraph (iii)

19 as subparagraph (iv).

20 (b) DEFINITION OF DOMESTIC TERRORISM.—Section

21 2510 of title 18, United States Code, is amended.—

22 (1) by striking ‘‘and’’ at the end of paragraph

23 (17);

24 (2) by striking the period at the end of para25 graph (18) and inserting ‘‘; and’’; and
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1 (3) by inserting after paragraph (18) the fol2 lowing:

3 ‘‘(19) ‘domestic terrorism’ means terrorism, as

4 defined in section 2331 of this title, that occurs

5 primarily inside the territorial jurisdiction of the

6 United States.’’.

7 SEC. 309. EXPANDED AUTHORITY FOR ROVING WIRETAPS.

8 Section 2518(11) of title 18, United States Code, is

9 amended to read as follows:

10 ‘‘(11) The requirements of subsections (1)(b)(11) and

11 (3)(d) of this section relating to the specification of facili12 ties from which or the place where the communication is

13 to be intercepted to do not apply if, in the case of an appli14 cation with respect to the interception of oral, wire, or

15 electronic communications—

16 ‘‘(a) the application is by a Federal investiga17 tive or law enforcement officer, and is approved by

18 the Attorney General, the Deputy Attorney General,

19 the Associate Attorney General, or an Assistant At20 torney General (or an official acting in any such ca21 pacity);

22 ‘‘(b) the application contains a full and com23 plete statement as to why such specification is not

24 practical and identifies the person committing the
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1 offense and whose communications are to be inter2 cepted; and

3 ‘‘(c) the judge finds that such specification is

4 not practical.’’.

5 SEC. 310. ENHANCED ACCESS TO TELEPHONE BILLING

6 RECORDS.

7 (a) SECTION 2709.—Section 2709(b) of title 18,

8 United States Code, is amended—

9 (1) in paragraph (1)(A), by inserting ‘‘local and

10 long distance’’ before ‘‘toll billing records’’

11 (2) by striking ‘‘and’’ at the end of paragraph

12 (1);

13 (3) by striking the period at the end of para14 graph (2) and inserting ‘‘; and’’; and

15 (4) by adding at the end a new paragraph (3),

16 as follows:

17 ‘‘(3) request the name, address, length of serv18 ice, and local and long distance toll billing records

19 of a person or entity if the Director or the Director’s

20 designee (in a position not lower than Deputy As21 sistant Director) certifies in writing to the wire or

22 electronic communication service provider to which

23 the request is made that the information sought is

24 relevant to an authorized domestic terrorism inves25 tigation.’’.
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1 (b) SECTION 2703.—Section 2703(c)(1)(C) of title

2 18, United States Code, is amended by inserting ‘‘local

3 and long distance’’ before ‘‘telephone toll billing records’’.

4 SEC. 311. REQUIREMENT TO PRESERVE EVIDENCE.

5 Section 2703 of title 18, United States Code, is

6 amended by adding at the end the following:

7 ‘‘(f) REQUIREMENT TO PRESERVE EVIDENCE.—A

8 provider of wire or electronic communication services or

9 a remote computing service, upon the request of a govern10 mental entity, shall take all necessary steps to preserve

11 records, and other evidence in its possession pending the

12 issuance of a court order or other process. Such records

13 shall be retained for a period of 90 days, which period

14 shall be extended for an additional 90-day period upon a

15 renewed request by the governmental entity.’’

16 SEC. 312. MILITARY ASSISTANCE WITH RESPECT TO OF17 FENSES INVOLVING WEAPONS OF MASS DE18 STRUCTION.

19 (a) REQUEST FOR ASSISTANCE.—The Attorney Gen20 eral may request the Secretary of Defense to provide tech21 nical and logistical assistance by civilian and military per22 sonnel of the Department of Defense in support of Depart23 ment of Justice activities relating to offenses involving

24 weapons of mass destruction (as defined in section 2332a
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1 of title 18, United States Code) if the Attorney General

2 determines that—

3 (1) such assistance is needed to counter the

4 threat posed by such a weapon or to enforce the

5 criminal laws relating to such weapons; and

6 (2) civilian law enforcement expertise is not

7 available to provide the required assistance.

8 (b) PROVISION OF ASSISTANCE.—The Secretary of

9 Defense shall provide such assistance unless doing so

10 would adversely affect the military preparedness of the

11 United States.

12 (c) ASSISTANCE TO EXCLUDE ARREST OR APPRE13 HENSION.—For the purposes of this section, the term

14 ‘‘technical and logistical assistance’’ does not include the

15 apprehension or arrest of any person.

16 (d) REIMBURSEMENT.—The Secretary of Defense

17 may require reimbursement as a condition of providing as18 sistance under this section.

19 (e) DELEGATION.—The Attorney General may dele20 gate a function under this section only to a Deputy Attor21 ney General, Associate Attorney General, or Assistant At22 torney General.

23 SEC. 313. DETENTION HEARING.

24 Section 3142(f) of title 18, United States Code, is

25 amended by inserting ‘‘(not including any intermediate
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1 Saturday, Sunday, or legal holiday)’’ after ‘‘five days’’ and

2 after ‘‘three days’’.

3 SEC. 314. REWARD AUTHORITY OF THE ATTORNEY GEN4 ERAL.

5 (a) IN GENERAL.—Title 18, United States Code, is

6 amended by striking sections 3059 through 3059A and in7 serting the following:

8 ‘‘§ 3059 Reward authority of the Attorney General

9 ‘‘(a) The Attorney General may pay rewards and re10 ceive from any department or agency, funds for the pay11 ment of rewards under this section, to any individual who

12 provides any information unknown to the Government

13 leading to the arrest or prosecution of any individual for

14 Federal felony offenses.

15 ‘‘(b) If the reward exceeds $100,000, the Attorney

16 General shall give notice of that fact to the Senate and

17 the House of Representatives not later than 30 days after

18 authorizing the payment of the reward,.

19 ‘‘(c) A determination made by the Attorney General

20 as to whether to authorize an award under this section

21 and as to the amount of any reward authorized shall be

22 final and conclusive, and no court shall have jurisdiction

23 to review it.

24 ‘‘(d) If the Attorney General determines that the

25 identity of the recipient of a reward or of the members
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1 of the recipient’s immediate family must be protected, the

2 Attorney General may take such measures in connection

3 with the payment of the reward as the Attorney General

4 deems necessary to effect such protection.

5 ‘‘(e) No officer or employee of any governmental en6 tity may receive a reward under this section for conduct

7 in performance of his or her official duties.

8 ‘‘(f) Any individual (and the immediate family of such

9 individual) who furnishes information which would justify

10 a reward under this section or a reward by the Secretary

11 of State under section 36 of the State Department Basic

12 Authorities Act of 1956 may, in the discretion of the At13 torney General, participate in the Attorney General’s wit14 ness security program under chapter 224 of this title.’’.

15 (b) CLERICAL AMENDMENT.—The table of sections

16 at the beginning of chapter 203 of title 18, United States

17 Code, is amended by striking the items relating to section

18 3059 and 3059A and inserting the following new item:

‘‘3059. Reward authority of the Attorney General.’’.

19 (c) CONFORMING AMENDMENT.—Section 1751 of

20 title 18, United States Code, is amended by striking sub21 section (g).

22 SEC. 315. DEFINITION OF TERRORISM.

23 Section 2331 of title 18, United States Code, is

24 amended—

25 (1) so that paragraph (1) reads as follows:
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1 ‘‘(1) the term ‘terrorism’ means the use of force

2 or violence in violation of the criminal laws of the

3 United States or of any State, or that would be in

4 violation of the criminal laws of the United States

5 or of any State if committed within the jurisdiction

6 of the United States or that State that appears to

7 be intended to achieve political or social ends by—

8 ‘‘(A) intimidating or coercing a segment of

9 the population;

10 ‘‘(B) influencing or coercing a government

11 official or officials; or

12 ‘‘(C) affecting the conduct of a government

13 through assassination or kidnapping;’’;

14 (2) by inserting after paragraph (1) the follow15 ing:

16 ‘‘(2) the term ‘international terrorism’ means

17 terrorism that occurs primarily outside the terri18 torial jurisdiction of the United States, or tran19 scends national boundaries in terms of the means by

20 which it is accomplished, the persons it appears in21 tended to intimidate or coerce, or the locale in which

22 its perpetrators operate or seek asylum;’’; and

23 (3) by redesignating existing paragraphs (2)

24 through (4) as paragraphs (3) through (5), respec25 tively.
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1 TITLE IV—NUCLEAR MATERIALS

2 SEC. 401. EXPANSION OF NUCLEAR MATERIALS PROHIBI3 TIONS.

4 (a) EXPANSION OF SCOPE AND JURISDICTIONAL

5 BASES.—Section 831 of title 18, United States Code, is

6 amended—

7 (1) in subsection (a), by striking ‘‘nuclear mate8 rial’’ each place it appears and inserting ‘‘nuclear

9 material or nuclear byproduct material’’;

10 (2) in subsection (a)(1)(A), by inserting ‘‘or the

11 environment’’ after ‘‘property’’;

12 (3) so that subsection (a)(1)(B) reads as fol13 lows:

14 ‘‘(B)(i) circumstances exist which are likely

15 to cause the death of or serious bodily injury to

16 any person or substantial damage to property

17 or the environment; or (ii) such circumstances

18 are represented to the defendant to exist;’’;

19 (4) in subsection (a)(6), by inserting ‘‘or the

20 environment’’ after ‘‘property’’;

21 (5) so that subsection (c)(2) reads as follows:

22 ‘‘(2) an offender or a victim is a national of the

23 United States or a United States corporation or

24 other legal entity;’’;
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1 (6) in subsection (c)(3), by striking ‘‘at the

2 time of the offense the nuclear material is in use,

3 storage, or transport, for peaceful purposes, and’’;

4 (7) by striking ‘‘or’’ at the end of subsection

5 (c)(3);

6 (8) in subsection (c)(4), by striking ‘‘nuclear

7 material for peaceful purposes’’ and inserting ‘‘nu8 clear material or nuclear byproduct material’’;

9 (9) by striking the period at the end of sub10 section (c)(4) and inserting ‘‘; or’’;

11 (10) by adding at the end of subsection (c) the

12 following:

13 ‘‘(5) the governmental entity under subsection

14 (a)(5) is the United States or the threat under sub15 section (a)(6) is directed at the United States.’’;

16 (11) in subsection (f)(1)(A), by striking ‘‘with

17 an isotopic concentration not in excess of 80 percent

18 plutonium 238’’;

19 (12) in subsection (f)(1)(C) by inserting ‘‘en20 riched uranium, defined as’’ before ‘‘uranium’’;

21 (13) in subsection (f), by redesignating para22 graphs (2), (3), and (4) as (3), (4), and (5), respec23 tively;

24 (14) by inserting after subsection (f)(1) the

25 following:
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1 ‘‘(2) the term ‘nuclear byproduct material’

2 means any material containing any radioactive iso3 tope created through an irradiation process in the

4 operation of a nuclear reactor or accelerator;’’;

5 (15) by striking ‘‘and’’ at the end of subsection

6 (f)(4), as redesignated;

7 (16) by striking the period at the end of sub8 section (f)(5), as redesignated, and inserting a semi9 colon; and

10 (17) by adding at the end of subsection (f) the

11 following:

12 ‘‘(6) the term ‘national of the United States’

13 has the meaning prescribed in section 101(a)(22) of

14 the Immigration and Nationality Act (8 U.S.C.

15 1101(a)(22)); and

16 ‘‘(7) the term ‘United States corporation or

17 other legal entity’ means any corporation or other

18 entity organized under the laws of the United States

19 or any State, district, commonwealth, territory or

20 possession of the United States.’’.
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1 TITLE V—CONVENTION ON THE

2 MARKING OF PLASTIC EXPLO3 SIVES

4 SEC. 501. DEFINITIONS.

5 Section 841 of title 18, United States Code, is

6 amended by adding at the end the following new sub7 sections:

8 ‘‘(o) ‘Convention on the Marking of Plastic Explo9 sives’ means the Convention on the Marking of Plastic Ex10 plosives for the Purpose of Detection, Done at Montreal

11 on 1 March 1991.

12 ‘‘(p) ‘Detection agent’ means any one of the sub13 stances specified in this subsection when introduced into

14 a plastic explosive or formulated in such explosive as a

15 part of the manufacturing process in such a manner as

16 to achieve homogeneous distribution in the finished explo17 sive, including—

18 ‘‘(1) Ethylene glycol dinitrate (EGDN),

19 C2H4(NO3)2, molecular weight 152, when the mini20 mum concentration in the finished explosive is 0.2

21 percent by mass;

22 ‘‘(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),

23 C6H12(NO2)2, molecular weight 176, when the mini24 mum concentration in the finished explosive is 0.1

25 percent by mass;
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1 ‘‘(3) Para-Mononitrotoluene (p-MNT),

2 C7H7NO2, molecular weight 137, when the minimum

3 concentration in the finished explosive is 0.5 percent

4 by mass;

5 ‘‘(4) Ortho-Mononitrotoluene (o-MNT),

6 C7H7NO2, molecular weight 137, when the minimum

7 concentration in the finished explosive is 0.5 percent

8 by mass; and

9 ‘‘(5) any other substance in the concentration

10 specified by the Secretary, after consultation with

11 the Secretary of State and the Secretary of Defense,

12 which has been added to the table in part 2 of the

13 Technical Annex to the Convention on the Marking

14 of Plastic Explosives.

15 ‘‘(q) ‘Plastic explosive’ means an explosive material

16 in flexible or elastic sheet form formulated with one or

17 more high explosives which in their pure form have a

18 vapor pressure less than 10¥4 Pa at a temperature of

19 25°C., is formulated with a binder material, and is as a

20 mixture malleable or flexible at normal room tempera21 ture.’’.

22 SEC. 502. REQUIREMENT OF DETECTION AGENTS FOR

23 PLASTIC EXPLOSIVES.

24 Section 842 of title 18, United States Code, is

25 amended by adding at the end the following:
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1 ‘‘(l) It shall be unlawful for any person to manufac2 ture any plastic explosive which does not contain a detec3 tion agent.

4 ‘‘(m)(1) it shall be unlawful for any person to import

5 or bring into the United States, or export from the United

6 States, any plastic explosive which does not contain a de7 tection agent.

8 ‘‘(2) During the 15-year period that begins with the

9 date of entry into force of the Convention on the Marking

10 of Plastic Explosives with respect to the United States,

11 paragraph (1) shall not apply to the importation or bring12 ing into the United States, or the exportation from the

13 United States, of any plastic explosive which was im14 ported, brought into, or manufactured in the United

15 States before the effective date of this subsection by or

16 on behalf of any agency of the United States performing

17 military or police functions (including any military Re18 serve component) or by or on behalf of the National Guard

19 of any State.

20 ‘‘(n)(1) It shall be unlawful for any person to ship,

21 transport, transfer, receive, or possess any plastic explo22 sive which does not contain a detection agent.

23 ‘‘(2)(A) During the 3-year period that begins on the

24 effective date of this subsection, paragraph (1) shall not

25 apply to the shipment, transportation, transfer, receipt, or
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1 possession of any plastic explosive, which was imported,

2 brought into, or manufactured in the United States before

3 such effective date by any person.

4 ‘‘(B) During the 15-year period that begins on the

5 date of entry into force of the Convention on the Marking

6 of Plastic Explosives with respect to the United States,

7 paragraph (1) shall not apply to the shipment, transpor8 tation, transfer, receipt, or possession of any plastic explo9 sive, which was imported, brought into, or manufactured

10 in the United States before the effective date of this sub11 section by or on behalf of any agency of the United States

12 performing a military or police function (including any

13 military reserve component) or by or on behalf of the Na14 tional Guard of any State.

15 ‘‘(o) It shall be unlawful for any person, other than

16 an agency of the United States (including any military re17 serve component) or the National Guard of any State, pos18 sessing any plastic explosive on the effective date of this

19 subsection, to fail to report to the Secretary within 120

20 days after the effective date of this subsection the quantity

21 of such explosives possessed, the manufacturer or im22 porter, any marks of identification on such explosives, and

23 such other information as the Secretary may by regula24 tions prescribe.’’.
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1 SEC. 503. CRIMINAL SANCTIONS.

2 Section 844(a) of title 18, United States Code, is

3 amended to read as follows:

4 ‘‘(a) Any person who violates subsections (a) through

5 (i) or (l) through (o) of section 842 of this title shall be

6 fined under this title, imprisoned not more than 10 years,

7 or both.’’.

8 SEC. 504. EXCEPTIONS.

9 Section 845 of title 18, United States Code, is

10 amended—

11 (1) in subsection (a), by inserting ‘‘(l), (m), (n),

12 or (o) of section 842 and subsections’’ after ‘‘sub13 sections’’;

14 (2) in subsection (a)(1), by inserting ‘‘and

15 which pertains to safety’’ before the semicolon; and

16 (3) by adding at the end the following:

17 ‘‘(c) It is an affirmative defense against any proceed18 ing involving subsection (l), (m), (n), or (o) of section 842

19 of this title if the proponent proves by a preponderance

20 of the evidence that the plastic explosive—

21 ‘‘(1) consisted of a small amount of plastic ex22 plosive intended for and utilized solely in lawful—

23 ‘‘(A) research, development, or testing of

24 new or modified explosive materials;
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1 ‘‘(B) training in explosives detection or de2 velopment or testing of explosives detection

3 equipment; or

4 ‘‘(C) forensic science purposes; or

5 ‘‘(2) was plastic explosive which, within 3 years

6 after the effective date of this paragraph, will be or

7 is incorporated in a military device within the terri8 tory of the United States and remains an integral

9 part of such military device, or is intended to be, or

10 is incorporated in, and remains an integral part of

11 a military device that is intended to become, or has

12 become, the property of any agency of the United

13 States performing military or police functions (in14 cluding any military reserve component) or the Na15 tional Guard of any State, wherever such device is

16 located. For purposes of this subsection, the term

17 ‘military device’ includes shells, bombs, projectiles,

18 mines, missiles, rockets, shaped charges, grenades,

19 perforators, and similar devices lawfully manufac20 tured exclusively for military or police purposes.’’.

21 SEC. 505. INVESTIGATIVE AUTHORITY.

22 Section 846 of title 18, United States Code, is

23 amended—

24 (1) by inserting ‘‘subsection (m) or (n) of sec25 tion 842 or’’ before ‘‘subsection (d)’’; and
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1 (2) by adding at the end the following: ‘‘The

2 Attorney General shall have exclusive authority to

3 conduct investigations with respect to violations of

4 subsection (m) or (n) of section 842 to the extent

5 such violations appear to be terrorism (as defined in

6 section 2331 of this title. Upon request, the Sec7 retary may assist the Attorney General in such in8 vestigations.’’.

9 SEC. 506. EFFECTIVE DATE.

10 The amendments made by this title shall take effect

11 1 year after the date of the enactment of this Act.

12 TITLE VI—IMMIGRATION13 RELATED PROVISIONS

14 Subtitle A—Removal of Alien

15 Terrorists

16 PART 1—REMOVAL PROCEDURES FOR ALIEN

17 TERRORISTS

18 SEC. 601. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.

19 (a) IN GENERAL.—The Immigration and Nationality

20 Act is amended—

21 (1) by adding at the end of the table of con22 tents the following:

‘‘TITLE V—SPECIAL REMOVAL PROCEDURES FOR ALIEN

TERRORISTS

‘‘Sec. 501. Definitions.

‘‘Sec. 502. Establishment of special removal court; panel of attorneys to assist

with classified information.

‘‘Sec. 503. Application for initiation of special removal proceeding.
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‘‘Sec. 504. Consideration of application.

‘‘Sec. 505. Special removal hearings.

‘‘Sec. 506. Consideration of classified information.

‘‘Sec. 507. Appeals.

‘‘Sec. 508. Detention and custody.

1 and

2 (2) by adding at the end the following new title:

3 ‘‘TITLE V—SPECIAL REMOVAL PROCEDURES

4 FOR ALIEN TERRORISTS

5 ‘‘DEFINITIONS

6 ‘‘SEC. 501. In this title:

7 ‘‘(1) The term ‘alien terrorist’ means an alien

8 described in section 241(a)(4)(B).

9 ‘‘(2) The term ‘classified information’ has the

10 meaning given such term in section 1(a) of the Clas11 sified Information Procedures Act (18 U.S.C. App.).

12 ‘‘(3) The term ‘national security’ has the mean13 ing given such term in section 1(b) of the Classified

14 Information Procedures Act (18 U.S.C. App.).

15 ‘‘(4) The term ‘special attorney’ means an at16 torney who is on the panel established under section

17 502(e).

18 ‘‘(5) The term ‘special removal court’ means

19 the court established under section 502(a).

20 ‘‘(6) The term ‘special removal hearing’ means

21 a hearing under section 505.

22 ‘‘(7) The term ‘special removal proceeding’

23 means a proceeding under this title.
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1 ‘‘ESTABLISHMENT OF SPECIAL REMOVAL COURT; PANEL

2 OF ATTORNEYS TO ASSIST WITH CLASSIFIED INFOR3 MATION

4 ‘‘SEC. 502. (a) IN GENERAL.—The Chief Justice of

5 the United States shall publicly designate 5 district court

6 judges from 5 of the United States judicial circuits who

7 shall constitute a court which shall have jurisdiction to

8 conduct all special removal proceedings.

9 ‘‘(b) TERMS.—Each judge designated under sub10 section (a) shall serve for a term of 5 years and shall be

11 eligible for redesignation, except that the four associate

12 judges first so designated shall be designated for terms

13 of one, two, three, and four years so that the term of one

14 judge shall expire each year.

15 ‘‘(c) CHIEF JUDGE.—The Chief Justice shall publicly

16 designate one of the judges of the special removal court

17 to be the chief judge of the court. The chief judge shall

18 promulgate rules to facilitate the functioning of the court

19 and shall be responsible for assigning the consideration

20 of cases to the various judges.

21 ‘‘(d) EXPEDITIOUS AND CONFIDENTIAL NATURE OF

22 PROCEEDINGS.—The provisions of section 103(c) of the

23 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.

24 1803(c)) shall apply to proceedings under this title in the

25 same manner as they apply to proceedings under such Act.
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1 ‘‘(e) ESTABLISHMENT OF PANEL OF SPECIAL AT2 TORNEYS.—The special removal court shall provide for the

3 designation of a panel of attorneys each of whom—

4 ‘‘(1) has a security clearance which affords the

5 attorney access to classified information, and

6 ‘‘(2) has agreed to represent permanent resi7 dent aliens with respect to classified information

8 under section 506 in accordance with (and subject to

9 the penalties under) this title.

10 ‘‘APPLICATION FOR INITIATION OF SPECIAL REMOVAL

11 PROCEEDING

12 ‘‘SEC. 503. (a) IN GENERAL.—Whenever the Attor13 ney General has classified information that an alien is an

14 alien terrorist, the Attorney General, in the Attorney Gen15 eral’s discretion, may seek removal of the alien under this

16 title through the filing of a written application described

17 in subsection (b) with the special removal court seeking

18 an order authorizing a special removal proceeding under

19 this title. The application shall be submitted in camera

20 and ex parte and shall be filed under seal with the court.

21 ‘‘(b) CONTENTS OF APPLICATION.—Each application

22 for a special removal proceeding shall include all of the

23 following:

24 ‘‘(1) The identity of the Department of Justice

25 attorney making the application.
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1 ‘‘(2) The approval of the Attorney General or

2 the Deputy Attorney General for the filing of the ap3 plication based upon a finding by that individual

4 that the application satisfies the criteria and re5 quirements of this title.

6 ‘‘(3) The identity of the alien for whom author7 ization for the special removal proceedings is sought.

8 ‘‘(4) A statement of the facts and cir9 cumstances relied on by the Department of Justice

10 to establish that—

11 ‘‘(A) the alien is an alien terrorist and is

12 physically present in the United States, and

13 ‘‘(B) with respect to such alien, adherence

14 to the provisions of title II regarding the depor15 tation of aliens would pose a risk to the na16 tional security of the United States.

17 ‘‘(5) An oath or affirmation respecting each of

18 facts and statements described in the previous para19 graphs.

20 ‘‘(c) RIGHT TO DISMISS.—The Department of Jus21 tice retains the right to dismiss a removal action under

22 this title at any stage of the proceeding.

23 ‘‘CONSIDERATION OF APPLICATION

24 ‘‘SEC. 504. (a) IN GENERAL.—In the case of an ap25 plication under section 503 to the special removal court,

26 a single judge of the court shall be assigned to consider
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1 the application. The judge, in accordance with the rules

2 of the court, shall consider the application and may con3 sider other information, including classified information,

4 presented under oath or affirmation. The judge shall con5 sider the application (and any hearing thereof) in camera

6 and ex parte. A verbatim record shall be maintained of

7 any such hearing.

8 ‘‘(b) APPROVAL OF ORDER.—The judge shall enter

9 ex parte the order requested in the application if the judge

10 finds, on the basis of such application and such other in11 formation (if any), that there is probable cause to believe

12 that—

13 ‘‘(1) the alien who is the subject of the applica14 tion has been correctly identified and is an alien ter15 rorist, and

16 ‘‘(2) adherence to the provisions of title II re17 garding the deportation of the identified alien would

18 pose a risk to the national security of the United

19 States.

20 ‘‘(c) DENIAL OF ORDER.—If the judge denies the

21 order requested in the application, the judge shall prepare

22 a written statement of the judge’s reasons for the denial.

23 ‘‘(d) EXCLUSIVE PROVISIONS.—Whenever an order is

24 issued under this section with respect to an alien—
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1 ‘‘(1) the alien’s rights regarding removal and

2 expulsion shall be governed solely by the provisions

3 of this title, and

4 ‘‘(2) except as they are specifically referenced,

5 no other provisions of this Act shall be applicable.

6 ‘‘SPECIAL REMOVAL HEARINGS

7 ‘‘SEC. 505. (a) IN GENERAL.—In any case in which

8 the application for the order is approved under section

9 504, a special removal hearing shall be conducted under

10 this section for the purpose of determining whether the

11 alien to whom the order pertains should be removed from

12 the United States on the grounds that the alien is an alien

13 terrorist. Consistent with section 506, the alien shall be

14 given reasonable notice of the nature of the charges

15 against the alien and a general account of the basis for

16 the charges. The alien shall be given notice, reasonable

17 under all the circumstances, of the time and place at which

18 the hearing will be held. The hearing shall be held as expe19 ditiously as possible.

20 ‘‘(b) USE OF SAME JUDGE.—The special removal

21 hearing shall be held before the same judge who granted

22 the order pursuant to section 504 unless that judge is

23 deemed unavailable due to illness or disability by the chief

24 judge of the special removal court, or has died, in which

25 case the chief judge shall assign another judge to conduct

26 the special removal hearing. A decision by the chief judge
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1 pursuant to the preceding sentence shall not be subject

2 to review by either the alien or the Department of Justice.

3 ‘‘(c) RIGHTS IN HEARING.—

4 ‘‘(1) PUBLIC HEARING.—The special removal

5 hearing shall be open to the public.

6 ‘‘(2) RIGHT OF COUNSEL.—The alien shall have

7 a right to be present at such hearing and to be rep8 resented by counsel. Any alien financially unable to

9 obtain counsel shall be entitled to have counsel as10 signed to represent the alien. Such counsel shall be

11 appointed by the judge pursuant to the plan for fur12 nishing representation for any person financially un13 able to obtain adequate representation for the dis14 trict in which the hearing is conducted, as provided

15 for in section 3006A of title 18, United States Code.

16 All provisions of that section shall apply and, for

17 purposes of determining the maximum amount of

18 compensation, the matter shall be treated as if a fel19 ony was charged.

20 ‘‘(3) INTRODUCTION OF EVIDENCE.—The alien

21 shall have a right to introduce evidence on the

22 alien’s own behalf.

23 ‘‘(4) EXAMINATION OF WITNESSES.—Except as

24 provided in section 506, the alien shall have a rea-
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1 sonable opportunity to examine the evidence against

2 the alien and to cross-examine any witness.

3 ‘‘(5) RECORD.—A verbatim record of the pro4 ceedings and of all testimony and evidence offered or

5 produced at such a hearing shall be kept.

6 ‘‘(6) DECISION BASED ON EVIDENCE AT HEAR7 ING.—The decision of the judge in the hearing shall

8 be based only on the evidence introduced at the

9 hearing, including evidence introduced under section

10 505(e).

11 ‘‘(7) NO RIGHT TO ANCILLARY RELIEF.—In the

12 hearing, the judge is not authorized to consider or

13 provide for relief from removal based on any of the

14 following:

15 ‘‘(A) Asylum under section 208.

16 ‘‘(B) Withholding of deportation under sec17 tion 243(h).

18 ‘‘(C) Suspension of deportation under sec19 tion 244(a) or 244(e).

20 ‘‘(D) Adjustment of status under section

21 245.

22 ‘‘(E) Registry under section 249.

23 ‘‘(d) SUBPOENAS.—

24 ‘‘(1) REQUEST.—At any time prior to the con25 clusion of the special removal hearing, either the
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1 alien or the Department of Justice may request the

2 judge to issue a subpoena for the presence of a

3 named witness (which subpoena may also command

4 the person to whom it is directed to produce books,

5 papers, documents, or other objects designated

6 therein) upon a satisfactory showing that the pres7 ence of the witness is necessary for the determina8 tion of any material matter. Such a request may be

9 made ex parte except that the judge shall inform the

10 Department of Justice of any request for a subpoena

11 by the alien for a witness or material if compliance

12 with such a subpoena would reveal evidence or the

13 source of evidence which has been introduced, or

14 which the Department of Justice has received per15 mission to introduce, in camera and ex parte pursu16 ant to subsection (e) and section 506, and the De17 partment of Justice shall be given a reasonable op18 portunity to oppose the issuance of such a subpoena.

19 ‘‘(2) PAYMENT FOR ATTENDANCE.—If an appli20 cation for a subpoena by the alien also makes a

21 showing that the alien is financially unable to pay

22 for the attendance of a witness so requested, the

23 court may order the costs incurred by the process

24 and the fees of the witness so subpoenaed to be paid
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1 for from funds appropriated for the enforcement of

2 title II.

3 ‘‘(3) NATIONWIDE SERVICE.—A subpoena

4 under this subsection may be served anywhere in the

5 United States.

6 ‘‘(4) WITNESS FEES.—A witness subpoenaed

7 under this subsection shall receive the same fees and

8 expenses as a witness subpoenaed in connection with

9 a civil proceeding in a court of the United States.

10 ‘‘(5) NO ACCESS TO CLASSIFIED INFORMA11 TION.—Nothing in this subsection is intended to

12 allow an alien to have access to classified informa13 tion.

14 ‘‘(e) INTRODUCTION OF CLASSIFIED INFORMA15 TION.—

16 ‘‘(1) IN GENERAL.—When classified informa17 tion has been summarized pursuant to section

18 506(b) or where a finding has been made under sec19 tion 506(b)(5) that no summary is possible, classi20 fied information shall be introduced (either in writ21 ing or through testimony) in camera and ex parte

22 and neither the alien nor the public shall be in23 formed of such evidence or its sources other than

24 through reference to the summary provided pursuant

25 to such section. Notwithstanding the previous sen-
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1 tence, the Department of Justice may, in its discre2 tion and, in the case of classified information, after

3 coordination with the originating agency, elect to in4 troduce such evidence in open session.

5 ‘‘(2) TREATMENT OF ELECTRONIC SURVEIL6 LANCE INFORMATION.—

7 ‘‘(A) USE OF ELECTRONIC SURVEIL8 LANCE.—The Government is authorized to use

9 in a special removal proceedings the fruits of

10 electronic surveillance and unconsented physical

11 searches authorized under the Foreign Intel12 ligence Surveillance Act of 1978 (50 U.S.C.

13 1801 et seq.) without regard to subsections (c),

14 (e), (f), (g), and (h) of section 106 of that Act.

15 ‘‘(B) NO DISCOVERY OF ELECTRONIC SUR16 VEILLANCE INFORMATION.—An alien subject to

17 removal under this title shall have no right of

18 discovery of information derived from electronic

19 surveillance authorized under the Foreign Intel20 ligence Surveillance Act of 1978 or otherwise

21 for national security purposes. Nor shall such

22 alien have the right to seek suppression of evi23 dence.

24 ‘‘(C) CERTAIN PROCEDURES NOT APPLICA25 BLE.—The provisions and requirements of sec-
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1 tion 3504 of title 18, United States Code, shall

2 not apply to procedures under this title.

3 ‘‘(3) RIGHTS OF UNITED STATES.—Nothing in

4 this section shall prevent the United States from

5 seeking protective orders and from asserting privi6 leges ordinarily available to the United States to

7 protect against the disclosure of classified informa8 tion, including the invocation of the military and

9 state secrets privileges.

10 ‘‘(f) INCLUSION OF CERTAIN EVIDENCE.—The Fed11 eral Rules of Evidence shall not apply to hearings under

12 this section. Evidence introduced at the special removal

13 hearing, either in open session or in camera and ex parte,

14 may, in the discretion of the Department of Justice, in15 clude all or part of the information presented under sec16 tion 504 used to obtain the order for the hearing under

17 this section.

18 ‘‘(g) ARGUMENTS.—Following the receipt of evi19 dence, the attorneys for the Department of Justice and

20 for the alien shall be given fair opportunity to present ar21 gument as to whether the evidence is sufficient to justify

22 the removal of the alien. The attorney for the Department

23 of Justice shall open the argument. The attorney for the

24 alien shall be permitted to reply. The attorney for the De25 partment of Justice shall then be permitted to reply in
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1 rebuttal. The judge may allow any part of the argument

2 that refers to evidence received in camera and ex parte

3 to be heard in camera and ex parte.

4 ‘‘(h) BURDEN OF PROOF.—In the hearing the De5 partment of Justice has the burden of showing by clear

6 and convincing evidence that the alien is subject to re7 moval because the alien is an alien terrorist. If the judge

8 finds that the Department of Justice has met this burden,

9 the judge shall order the alien removed and detained pend10 ing removal from the United States. If the alien was re11 leased pending the special removal hearing, the judge shall

12 order the Attorney General to take the alien into custody.

13 ‘‘(i) WRITTEN ORDER.—At the time of rendering a

14 decision as to whether the alien shall be removed, the

15 judge shall prepare a written order containing a statement

16 of facts found and conclusions of law. Any portion of the

17 order that would reveal the substance or source of infor18 mation received in camera and ex parte pursuant to sub19 section (e) shall not be made available to the alien or the

20 public.

21 ‘‘CONSIDERATION OF CLASSIFIED INFORMATION

22 ‘‘SEC. 506. (a) CONSIDERATION IN CAMERA AND EX

23 PARTE.—In any case in which the application for the

24 order authorizing the special procedures of this title is ap25 proved, the judge who granted the order shall consider

26 each item of classified information the Department of Jus-
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1 tice proposes to introduce in camera and ex parte at the

2 special removal hearing and shall order the introduction

3 of such information pursuant to section 505(e) if the judge

4 determines the information to be relevant.

5 ‘‘(b) PREPARATION AND PROVISION OF WRITTEN

6 SUMMARY.—

7 ‘‘(1) PREPARATION.—The Department of Jus8 tice shall prepare a written summary of such classi9 fied information which does not pose a risk to na10 tional security.

11 ‘‘(2) CONDITIONS FOR APPROVAL BY JUDGE

12 AND PROVISION TO ALIEN.—The judge shall approve

13 the summary so long as the judge finds that the

14 summary is sufficient—

15 ‘‘(A) to inform the alien of the general na16 ture of the evidence that the alien is an alien

17 terrorist, and

18 ‘‘(B) to permit the alien to prepare a de19 fense against deportation.

20 The Department of Justice shall cause to be deliv21 ered to the alien a copy of the summary.

22 ‘‘(3) OPPORTUNITY FOR CORRECTION AND

23 RESUBMITTAL.—If the judge does not approve the

24 summary, the judge shall provide the Department a

25 reasonable opportunity to correct the deficiencies
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1 identified by the court and to submit a revised sum2 mary.

3 ‘‘(4) CONDITIONS FOR TERMINATION OF PRO4 CEEDINGS IF SUMMARY NOT APPROVED.—

5 ‘‘(A) IN GENERAL.—If, subsequent to the

6 opportunity described in paragraph (3), the

7 judge does not approve the summary, the judge

8 shall terminate the special removal hearing un9 less the judge makes the findings described in

10 subparagraph (B).

11 ‘‘(B) FINDINGS.—The findings described

12 in this subparagraph are, with respect to an

13 alien, that—

14 ‘‘(i) the continued presence of the

15 alien in the United States, and

16 ‘‘(ii) the provision of the required

17 summary,

18 would likely cause serious and irreparable harm

19 to the national security or death or serious bod20 ily injury to any person.

21 ‘‘(5) CONTINUATION OF HEARING WITHOUT

22 SUMMARY.—If a judge makes the findings described

23 in paragraph (4)(B)—

24 ‘‘(A) if the alien involved is an alien law25 fully admitted for permanent residence, the pro-
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1 cedures described in subsection (c) shall apply;

2 and

3 ‘‘(B) in all cases the special removal hear4 ing shall continue, the Department of Justice

5 shall cause to be delivered to the alien a state6 ment that no summary is possible, and the clas7 sified information submitted in camera and ex

8 parte may be used pursuant to section 505(e).

9 ‘‘(c) SPECIAL PROCEDURES FOR ACCESS AND CHAL10 LENGES TO CLASSIFIED BY SPECIAL ATTORNEYS IN CASE

11 OF LAWFUL PERMANENT ALIENS.—

12 ‘‘(1) IN GENERAL.—The procedures described

13 in this subsection are that the judge (under rules of

14 the special removal court) shall designate a special

15 attorney to assist the alien—

16 ‘‘(A) by reviewing in camera the classified

17 information on behalf of the alien, and

18 ‘‘(B) by challenging through an in camera

19 proceeding the veracity of the evidence con20 tained in the classified information.

21 ‘‘(2) RESTRICTIONS ON DISCLOSURE.—A spe22 cial attorney receiving classified information under

23 paragraph (1)—
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1 ‘‘(A) shall not disclosure the information to

2 the alien or to any other attorney representing

3 the alien, and

4 ‘‘(B) who discloses such information in vio5 lation of subparagraph (A) shall be subject to

6 a fine under title 18, United States Code, im7 prisoned for not less than 10 years or more

8 than 25 years, or both.

9 ‘‘APPEALS

10 ‘‘SEC. 507. (a) APPEALS OF DENIALS OF APPLICA11 TIONS FOR ORDERS.—The Department of Justice may

12 seek a review of the denial of an order sought in an appli13 cation by the United States Court of Appeals for the Dis14 trict of Columbia Circuit by notice of appeal which must

15 be filed within 20 days. In such a case the entire record

16 of the proceeding shall be transmitted to the Court of Ap17 peals under seal and the Court of Appeals shall hear the

18 matter ex parte. In such a case the Court of Appeals shall

19 review questions of law de novo, but a prior finding on

20 any question of fact shall not be set aside unless such find21 ing was clearly erroneous.

22 ‘‘(b) APPEALS OF DETERMINATIONS ABOUT SUM23 MARIES OF CLASSIFIED INFORMATION.—Either party

24 may take an interlocutory appeal to the United States

25 Court of Appeals for the District of Columbia Circuit of—
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1 ‘‘(1) any determination by the judge pursuant

2 to section 506(a)—

3 ‘‘(A) concerning whether an item of evi4 dence may be introduced in camera and ex

5 parte, or

6 ‘‘(B) concerning the contents of any sum7 mary of evidence to be introduced in camera

8 and ex parte prepared pursuant to section

9 506(b); or

10 ‘‘(2) the refusal of the court to make the find11 ings permitted by section 506(b)(4)(B).

12 In any interlocutory appeal taken pursuant to this sub13 section, the entire record, including any proposed order

14 of the judge or summary of evidence, shall be transmitted

15 to the Court of Appeals under seal and the matter shall

16 be heard ex parte.

17 ‘‘(c) APPEALS OF DECISION IN HEARING.—

18 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

19 the decision of the judge after a special removal

20 hearing may be appealed by either the alien or the

21 Department of Justice to the United States Court of

22 Appeals for the District of Columbia Circuit by no23 tice of appeal.
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1 ‘‘(2) AUTOMATIC APPEALS IN CASES OF PERMA2 NENT RESIDENT ALIENS IN WHICH NO SUMMARY

3 PROVIDED.—

4 ‘‘(A) IN GENERAL.—Unless the alien

5 waives the right to a review under this para6 graph, in any case involving an alien lawfully

7 admitted for permanent residence who is denied

8 a written summary of classified information

9 under section 506(b)(4) and the procedures of

10 section 506(c) apply, any order issued by the

11 judge shall be reviewed by the Court of Appeals

12 for the District of Columbia Circuit.

13 ‘‘(B) USE OF SPECIAL ATTORNEY.—If any

14 issue relating to classified information arises in

15 such review, the alien shall be represented only

16 by the special attorney designated under section

17 506(c)(1) on behalf of the alien.

18 ‘‘(d) GENERAL PROVISIONS RELATING TO AP19 PEALS.—

20 ‘‘(1) NOTICE.—A notice of appeal pursuant to

21 subsection (b) or (c) (other than under subsection

22 (c)(2)) must be filed within 20 days, during which

23 time the order for which the appeal is sought shall

24 not be executed.
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1 ‘‘(2) TRANSMITTAL OF RECORD.—In an appeal

2 or review to the Court of Appeals pursuant to sub3 section (b) or (c)—

4 ‘‘(A) the entire record shall be transmitted

5 to the Court of Appeals, and

6 ‘‘(B) information received pursuant to sec7 tion 505(e), and any portion of the judge’s

8 order that would reveal the substance or source

9 of such information, shall be transmitted under

10 seal.

11 ‘‘(3) EXPEDITED APPELLATE PROCEEDING.—In

12 an appeal or review to the Court of Appeals pursu13 ant to subsection (b) or (c):

14 ‘‘(A) REVIEW.—The appeal or review shall

15 be heard as expeditiously as practicable and the

16 Court may dispense with full briefing and hear

17 the matter solely on the record of the judge of

18 the special removal court and on such briefs or

19 motions as the Court may require to be filed by

20 the parties.

21 ‘‘(B) DISPOSITION.—The Court shall up22 hold or reverse the judge’s order within 60 days

23 after the date of the issuance of the judge’s

24 final order.
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1 ‘‘(4) DE NOVO REVIEW.—In an appeal or re2 view to the Court of Appeals pursuant to subsection

3 (b) or (c):

4 ‘‘(A) QUESTIONS OF LAW.—The Court of

5 Appeals shall review all questions of law de

6 novo.

7 ‘‘(B) QUESTIONS OF FACT.—(i) Subject to

8 clause (ii), a prior finding on any question of

9 fact shall not be set aside unless such finding

10 was clearly erroneous.

11 ‘‘(ii) In the case of a review under sub12 section (c)(2) in which an alien lawfully admit13 ted for permanent residence was denied a writ14 ten summary of classified information under

15 section 506(b)(4), the Court of Appeals shall

16 review questions of fact de novo.

17 ‘‘(e) CERTIORARI.—Following a decision by the Court

18 of Appeals pursuant to subsection (b) or (c), either the

19 alien or the Department of Justice may petition the Su20 preme Court for a writ of certiorari. In any such case,

21 any information transmitted to the Court of Appeals

22 under seal shall, if such information is also submitted to

23 the Supreme Court, be transmitted under seal. Any order

24 of removal shall not be stayed pending disposition of a
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1 writ of certiorari except as provided by the Court of Ap2 peals or a Justice of the Supreme Court.

3 ‘‘(f) APPEALS OF DETENTION ORDERS.—

4 ‘‘(1) IN GENERAL.— The provisions of sections

5 3145 through 3148 of title 18, United States Code,

6 pertaining to review and appeal of a release or de7 tention order, penalties for failure to appear, pen8 alties for an offense committed while on release, and

9 sanctions for violation of a release condition shall

10 apply to an alien to whom section 508(b)(1) applies.

11 In applying the previous sentence—

12 ‘‘(A) for purposes of section 3145 of such

13 title an appeal shall be taken to the United

14 States Court of Appeals for the District of Co15 lumbia Circuit, and

16 ‘‘(B) for purposes of section 3146 of such

17 title the alien shall be considered released in

18 connection with a charge of an offense punish19 able by life imprisonment.

20 ‘‘(2) NO REVIEW OF CONTINUED DETENTION.—

21 The determinations and actions of the Attorney

22 General pursuant to section 508(c)(2)(D) shall not

23 be subject to judicial review, including application

24 for a writ of habeas corpus, except for a claim by

25 the alien that continued detention violates the alien’s
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1 rights under the Constitution. Jurisdiction over any

2 such challenge shall lie exclusively in the United

3 States Court of Appeals for the District of Columbia

4 Circuit.

5 ‘‘DETENTION AND CUSTODY

6 ‘‘SEC. 508. (a) INITIAL CUSTODY.—

7 ‘‘(1) UPON FILING APPLICATION.—Subject to

8 paragraph (2), the Attorney General may take into

9 custody any alien with respect to whom an applica10 tion under section 503 has been filed and, notwith11 standing any other provision of law, may retain such

12 an alien in custody in accordance with the proce13 dures authorized by this title.

14 ‘‘(2) SPECIAL RULES FOR PERMANENT RESI15 DENT ALIENS.—An alien lawfully admitted for per16 manent residence shall be entitled to a release hear17 ing before the judge assigned to hear the special re18 moval hearing. Such an alien shall be detained pend19 ing the special removal hearing, unless the alien

20 demonstrates to the court that—

21 ‘‘(A) the alien, if released upon such terms

22 and conditions as the court may prescribe (in23 cluding the posting of any monetary amount),

24 is not likely to flee, and
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1 ‘‘(B) the alien’s release will not endanger

2 national security or the safety of any person or

3 the community.

4 The judge may consider classified information sub5 mitted in camera and ex parte in making a deter6 mination under this paragraph.

7 ‘‘(3) RELEASE IF DENIAL OF ORDER AND NO

8 REVIEW SOUGHT.—

9 ‘‘(A) IN GENERAL.—If a judge of the spe10 cial removal court denies the order sought in an

11 application with respect to an alien and the De12 partment of Justice does not seek review of

13 such denial, subject to subparagraph (B), the

14 alien shall be released from custody.

15 ‘‘(B) APPLICATION OF REGULAR PROCE16 DURES.—Subparagraph (A) shall not prevent

17 the arrest and detention of the alien pursuant

18 to title II.

19 ‘‘(b) CONDITIONAL RELEASE IF DENIAL OF ORDER

20 AND REVIEW SOUGHT.—

21 ‘‘(1) IN GENERAL.—If a judge of the special re22 moval court denies the order sought in an applica23 tion with respect to an alien and the Department of

24 Justice seeks review of such denial, the judge shall

25 release the alien from custody subject to the least re-
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1 strictive condition or combination of conditions of re2 lease described in section 3142(b) and clauses (i)

3 through (xiv) of section 3142(c)(1)(B) of title 18,

4 United States Code, that will reasonably assure the

5 appearance of the alien at any future proceeding

6 pursuant to this title and will not endanger the safe7 ty of any other person or the community.

8 ‘‘(2) NO RELEASE FOR CERTAIN ALIENS.—If

9 the judge finds no such condition or combination of

10 conditions, the alien shall remain in custody until

11 the completion of any appeal authorized by this title.

12 ‘‘(c) CUSTODY AND RELEASE AFTER HEARING.—

13 ‘‘(1) RELEASE.—

14 ‘‘(A) IN GENERAL.—Subject to subpara15 graph (B), if the judge decides pursuant to sec16 tion 505(i) that an alien should not be removed,

17 the alien shall be released from custody.

18 ‘‘(B) CUSTODY PENDING APPEAL.—If the

19 Attorney General takes an appeal from the

20 order, the alien shall remain in custody, subject

21 to the provisions of section 3142 of title 18,

22 United States Code.

23 ‘‘(2) CUSTODY AND REMOVAL.—

24 ‘‘(A) CUSTODY.—If the judge decides pur25 suant to section 505(i) that an alien shall be re-
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1 moved, the alien shall be detained pending the

2 outcome of any appeal. After the conclusion of

3 any judicial review thereof which affirms the re4 moval order, the Attorney General shall retain

5 the alien in custody or, if the alien was released

6 pursuant to paragraph (1)(A), shall take the

7 alien into custody and remove the alien to a

8 country specified under subparagraph (B).

9 ‘‘(B) REMOVAL.—

10 ‘‘(i) IN GENERAL.—The removal of an

11 alien shall be to any country which the

12 alien shall designate if such designation

13 does not, in the judgment of the Attorney

14 General, in consultation with the Secretary

15 of State, impair the obligation of the

16 United States under any treaty (including

17 a treaty pertaining to extradition) or other18 wise adversely affect the foreign policy of

19 the United States.

20 ‘‘(ii) ALTERNATE COUNTRIES.—If the

21 alien refuses to choose a country to which

22 the alien wishes to be transported, or if the

23 Attorney General, in consultation with the

24 Secretary of State, determines that re25 moval of the alien to the country so se-
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1 lected would impair a treaty obligation or

2 adversely affect United States foreign pol3 icy, the Attorney General shall cause the

4 alien to be transported to any country will5 ing to receive such alien.

6 ‘‘(C) CONTINUED DETENTION.—If no

7 country is willing to receive such an alien, the

8 Attorney General may, notwithstanding any

9 other provision of law, retain the alien in cus10 tody. The Attorney General, in coordination

11 with the Secretary of State, shall make periodic

12 efforts to reach agreement with other countries

13 to accept such an alien and at least every 6

14 months shall provide to the attorney represent15 ing the alien at the special removal hearing

16 alien a written report on the Attorney General’s

17 efforts. Any alien in custody pursuant to this

18 subparagraph shall be released from custody

19 solely at the discretion of the Attorney General

20 and subject to such conditions as the Attorney

21 General shall deem appropriate.

22 ‘‘(D) FINGERPRINTING.—Before an alien

23 is transported out of the United States pursu24 ant to this subsection, or pursuant to an order

25 of exclusion because such alien is excludable
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1 under section 212(a)(3)(B), the alien shall be

2 photographed and fingerprinted, and shall be

3 advised of the provisions of subsection 276(b).

4 ‘‘(d) CONTINUED DETENTION PENDING TRIAL.—

5 ‘‘(1) DELAY IN REMOVAL.—Notwithstanding

6 the provisions of subsection (c)(2), the Attorney

7 General may hold in abeyance the removal of an

8 alien who has been ordered removed pursuant to this

9 title to allow the trial of such alien on any Federal

10 or State criminal charge and the service of any sen11 tence of confinement resulting from such a trial.

12 ‘‘(2) MAINTENANCE OF CUSTODY.—Pending the

13 commencement of any service of a sentence of con14 finement by an alien described in paragraph (1),

15 such an alien shall remain in the custody of the At16 torney General, unless the Attorney General deter17 mines that temporary release of the alien to the cus18 tody of State authorities for confinement in a State

19 facility is appropriate and would not endanger na20 tional security or public safety.

21 ‘‘(3) SUBSEQUENT REMOVAL.—Following the

22 completion of a sentence of confinement by an alien

23 described in paragraph (1) or following the comple24 tion of State criminal proceedings which do not re25 sult in a sentence of confinement of an alien released
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1 to the custody of State authorities pursuant to para2 graph (2), such an alien shall be returned to the

3 custody of the Attorney General who shall proceed

4 to carry out the provisions of subsection (c)(2) con5 cerning removal of the alien.

6 ‘‘(e) APPLICATION OF CERTAIN PROVISIONS.—For

7 purposes of section 751 and 752 of title 18, United States

8 Code, an alien in the custody of the Attorney General pur9 suant to this title shall be subject to the penalties provided

10 by those sections in relation to a person committed to the

11 custody of the Attorney General by virtue of an arrest on

12 a charge of felony.

13 ‘‘(f) RIGHTS OF ALIENS IN CUSTODY.—

14 ‘‘(1) FAMILY AND ATTORNEY VISITS.—An alien

15 in the custody of the Attorney General pursuant to

16 this title shall be given reasonable opportunity to

17 communicate with and receive visits from members

18 of the alien’s family, and to contact, retain, and

19 communicate with an attorney.

20 ‘‘(2) DIPLOMATIC CONTACT.—An alien in the

21 custody of the Attorney General pursuant to this

22 title shall have the right to contact an appropriate

23 diplomatic or consular official of the alien’s country

24 of citizenship or nationality or of any country pro25 viding representation services therefore. The Attor-
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1 ney General shall notify the appropriate embassy,

2 mission, or consular office of the alien’s detention.’’.

3 (b) JURISDICTION OVER EXCLUSION ORDERS FOR

4 ALIEN TERRORISTS.—Subsection 106(b) of the Immigra5 tion and Nationality Act (8 U.S.C. 1105a(b)) is amended

6 by adding at the end the following sentence: ‘‘Jurisdiction

7 to review an order entered pursuant to the provisions of

8 section 235(c) concerning an alien excludable under sec9 tion 212(a)(3)(B) shall rest exclusively in the United

10 States Court of Appeals for the District of Columbia

11 Circuit.’’.

12 (c) CRIMINAL PENALTY FOR REENTRY OF ALIEN

13 TERRORISTS.—Section 276(b) of such Act (8 U.S.C.

14 1326(b)) is amended—

15 (1) by striking ‘‘or’’ at the end of paragraph

16 (1),

17 (2) by striking the period at the end of para18 graph (2) and inserting ‘‘; or’’, and

19 (3) by inserting after paragraph (2) the follow20 ing new paragraph:

21 ‘‘(3) who has been excluded from the United

22 States pursuant to subsection 235(c) because the

23 alien was excludable under subsection 212(a)(3)(B)

24 or who has been removed from the United States

25 pursuant to the provisions of title V, and who there-
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1 after, without the permission of the Attorney Gen2 eral, enters the United States or attempts to do so

3 shall be fined under title 18, United States Code,

4 and imprisoned for a period of 10 years, which sen5 tence shall not run concurrently with any other sen6 tence.’’.

7 (d) ELIMINATION OF CUSTODY REVIEW BY HABEAS

8 CORPUS.—Section 106(a) of such Act (8 U.S.C.

9 1105a(a)) is amended—

10 (1) by adding ‘‘and’’ at the end of paragraph

11 (8),

12 (2) by striking ‘‘; and’’ at the end of paragraph

13 (9) and inserting a period, and

14 (3) by striking paragraph (10).

15 (e) EFFECTIVE DATE.—The amendments made by

16 this section shall take effect on the date of the enactment

17 of this Act and shall apply to all aliens without regard

18 to the date of entry or attempted entry into the United

19 States.

20 SEC. 602. FUNDING FOR DETENTION AND DEPORTATION OF

21 ALIEN TERRORISTS.

22 In addition to amounts otherwise appropriated, there

23 are authorized to be appropriated for each fiscal year (be24 ginning with fiscal year 1996) $5,000,000 to the Immigra-
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1 tion and Naturalization Service for the purpose of detain2 ing and deporting alien terrorists.

3 PART 2—EXCLUSION AND DENIAL OF ASYLUM

4 FOR ALIEN TERRORISTS

5 SEC. 611. MEMBERSHIP IN TERRORIST ORGANIZATION AS

6 GROUND FOR EXCLUSION.

7 (a) IN GENERAL.—Section 212(a)(3)(B) of the Im8 migration and Nationality Act (8 U.S.C. 1182(a)(3)(B))

9 is amended—

10 (1) in clause (i)—

11 (A) by striking ‘‘or’’ at the end of

12 subclause (I),

13 (B) in subclause (II), by inserting ‘‘en14 gaged in or’’ after ‘‘believe,’’, and

15 (C) by inserting after subclause (II) the

16 following:

17 ‘‘(III) is a representative of a ter18 rorist organization, or

19 ‘‘(IV) is a member of a terrorist

20 organization,’’; and

21 (2) by adding at the end the following:

22 ‘‘(iv) TERRORIST ORGANIZATION DE23 FINED.—

24 ‘‘(I) DESIGNATION BY PRESI25 DENT.—For purposes of this Act, the
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1 term ‘terrorist organization’ means a

2 foreign organization designated in the

3 Federal Register as a terrorist organi4 zation by the President based upon a

5 finding that the organization engages

6 in, or has engaged in, terrorist activ7 ity that threatens the national secu8 rity of the United States.

9 ‘‘(II) PROCESS.—At least 3 days

10 before designating an organization as

11 a terrorist organization through publi12 cation in the Federal Register, the

13 President shall notify the Committees

14 on the Judiciary of the House of Rep15 resentatives and the Senate of the in16 tent to make such designation and the

17 President’s findings and basis for des18 ignation.

19 ‘‘(III) CONGRESSIONAL REMOVAL

20 AUTHORITY.—The Congress reserves

21 the authority to remove, by law, the

22 designation of an organization as a

23 terrorist organization for purposes of

24 this Act.
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1 ‘‘(IV) SUNSET.—Subject to

2 subclause (III), the designation under

3 this clause of an organization as a

4 terrorist organization shall be effective

5 for a period of 2 years from the date

6 of the initial publication of the terror7 ist organization designation by the

8 President. At the end of such period

9 (but no sooner than 60 days prior to

10 the termination of the 2-year-designa11 tion period), the President may redes12 ignate the organization in conformity

13 with the requirements of this clause

14 for designation of the organization.

15 ‘‘(V) PRESIDENTIAL REMOVAL

16 AUTHORITY.—The President may re17 move the terrorist organization des18 ignation from any organization pre19 viously designated as such an organi20 zation, at any time, so long as the

21 President publishes notice of the re22 moval in the Federal Register. The

23 President is not required to report to

24 Congress prior to taking such an ac25 tion.
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1 ‘‘(v) REPRESENTATIVE DEFINED.—In

2 this subparagraph, the term ‘representa3 tive’ includes an officer, official, or spokes4 man of the organization and any person

5 who directs, counsels, commands or in6 duces the organization or its members to

7 engage in terrorist activity. The determina8 tion by the Secretary of State or the Attor9 ney General that an alien is a representa10 tive of a terrorist organization shall be

11 controlling and shall not be subject to re12 view by any court.’’.

13 (b) EFFECTIVE DATE.—The amendments made by

14 this section shall take effect on the date of the enactment

15 of this Act.

16 SEC. 612. DENIAL OF ASYLUM TO ALIEN TERRORISTS.

17 (a) IN GENERAL.—Section 208(a) of the Immigra18 tion and Nationality Act (8 U.S.C. 1158(a)) is amended

19 by adding at the end the following: ‘‘The Attorney General

20 may not grant an alien asylum if the Attorney General

21 determines that the alien is excludable under subclause

22 (I), (II), or (III) of section 212(a)(3)(B)(i) or deportable

23 under section 241(a)(4)(B).’’.

24 (b) EFFECTIVE DATE.—The amendment made by

25 subsection (a) shall take effect on the date of the enact-
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1 ment of this Act and apply to asylum determinations made

2 on or after such date.

3 SEC. 613. DENIAL OF OTHER RELIEF FOR ALIEN TERROR4 ISTS.

5 (a) WITHHOLDING OF DEPORTATION.—Section

6 243(h)(2) of the Immigration and Nationality Act (8

7 U.S.C. 1253(h)(2)) is amended by adding at the end the

8 following new sentence: ‘‘For purposes of subparagraph

9 (D), an alien who is described in section 241(a)(4)(B)

10 shall be considered to be an alien with respect to whom

11 there are reasonable grounds for regarding as a danger

12 to the security of the United States.’’.

13 (b) SUSPENSION OF DEPORTATION.—Section 244(a)

14 of such Act (8 U.S.C. 1254(a)) is amended by striking

15 ‘‘section 241(a)(4)(D)’’ and inserting ‘‘subparagraph (B)

16 or (D) of section 241(a)(4)’’.

17 (c) VOLUNTARY DEPARTURE.—Section 244(e)(2) of

18 such Act (8 U.S.C. 1254(e)(2)) is amended by inserting

19 ‘‘under section 241(a)(4)(B) or’’ after ‘‘who is deport20 able’’.

21 (d) ADJUSTMENT OF STATUS.—Section 245(c) of

22 such Act (8 U.S.C. 1255(c)) is amended—

23 (1) by striking ‘‘or’’ before ‘‘(5)’’, and
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1 (2) by inserting before the period at the end the

2 following: ‘‘, or (6) an alien who is deportable under

3 section 241(a)(4)(B)’’.

4 (e) REGISTRY.—Section 249(d) of such Act (8 U.S.C.

5 1259(d)) is amended by inserting ‘‘and is not deportable

6 under section 241(a)(4)(B)’’ after ‘‘ineligible to citizen7 ship’’.

8 (f) EFFECTIVE DATE.—The amendments made by

9 this section shall take effect on the date of the enactment

10 of this Act and shall apply to applications filed before, on,

11 or after such date if final action has not been taken on

12 them before such date.

13 Subtitle B—Expedited Exclusion

14 SEC. 621. INSPECTION AND EXCLUSION BY IMMIGRATION

15 OFFICERS.

16 (a) IN GENERAL.—Subsection (b) of section 235 of

17 the Immigration and Nationality Act (8 U.S.C. 1225) is

18 amended to read as follows:

19 ‘‘(b)(1)(A) If the examining immigration officer de20 termines that an alien seeking entry—

21 ‘‘(i) is excludable under section 212(a)(6)(C) or

22 212(a)(7), and

23 ‘‘(ii) does not indicate either an intention to

24 apply for asylum under section 208 or a fear of per25 secution,
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1 the officer shall order the alien excluded from the United

2 States without further hearing or review.

3 ‘‘(B) The examining immigration officer shall refer

4 for an interview by an asylum officer under subparagraph

5 (C) any alien who is excludable under section 212(a)(6)(C)

6 or 212(a)(7) and has indicated an intention to apply for

7 asylum under section 208 or a fear of persecution.

8 ‘‘(C)(i) An asylum officer shall promptly conduct

9 interviews of aliens referred under subparagraph (B).

10 ‘‘(ii) If the officer determines at the time of the inter11 view that an alien has a credible fear of persecution (as

12 defined in clause (v)), the alien shall be detained for an

13 asylum hearing before an asylum officer under section

14 208.

15 ‘‘(iii)(I) Subject to subclause (II), if the officer deter16 mines that the alien does not have a credible fear of perse17 cution, the officer shall order the alien excluded from the

18 United States without further hearing or review.

19 ‘‘(II) The Attorney General shall promulgate regula20 tions to provide for the immediate review by a supervisory

21 asylum office at the port of entry of a determination under

22 subclause (I).

23 ‘‘(iv) The Attorney General shall provide information

24 concerning the asylum interview described in this subpara25 graph to aliens who may be eligible. An alien who is eligi-
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1 ble for such interview may consult with a person or per2 sons of the alien’s choosing prior to the interview or any

3 review thereof, according to regulations prescribed by the

4 Attorney General. Such consultation shall be at no expense

5 to the Government and shall not delay the process.

6 ‘‘(v) For purposes of this subparagraph, the term

7 ‘credible fear of persecution’ means (I) that it is more

8 probable than not that the statements made by the alien

9 in support of the alien’s claim are true, and (II) that there

10 is a significant possibility, in light of such statements and

11 of such other facts as are known to the officer that the

12 alien could establish eligibility for asylum under section

13 208.

14 ‘‘(D) As used in this paragraph, the term ‘asylum of15 ficer’ means an immigration officer who—

16 ‘‘(i) has had professional training in country

17 conditions, asylum law, and interview techniques;

18 and

19 ‘‘(ii) is supervised by an officer who meets the

20 condition in clause (i).

21 ‘‘(E)(i) An exclusion order entered in accordance with

22 subparagraph (A) is not subject to administrative appeal,

23 except that the Attorney General shall provide by regula24 tion for prompt review of such an order against an alien

25 who claims under oath, or as permitted under penalty of
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1 perjury under section 1746 of title 28, United States

2 Code, after having been warned of the penalties for falsely

3 making such claim under such conditions, to have been

4 lawfully admitted for permanent residence.

5 ‘‘(ii) In any action brought against an alien under

6 section 275(a) or section 276, the court shall not have ju7 risdiction to hear any claim attacking the validity of an

8 order of exclusion entered under subparagraph (A).

9 ‘‘(2)(A) Except as provided in subparagraph (B), if

10 the examining immigration officer determines that an

11 alien seeking entry is not clearly and beyond a doubt enti12 tled to enter, the alien shall be detained for a hearing be13 fore a special inquiry officer.

14 ‘‘(B) The provisions of subparagraph (A) shall not

15 apply—

16 ‘‘(i) to an alien crewman,

17 ‘‘(ii) to an alien described in paragraph (1)(A)

18 or (1)(C)(iii)(I), or

19 ‘‘(iii) if the conditions described in section

20 273(d) exist.

21 ‘‘(3) The decision of the examining immigration offi22 cer, if favorable to the admission of any alien, shall be

23 subject to challenge by any other immigration officer and

24 such challenge shall operate to take the alien whose privi-
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1 lege to enter is so challenged, before a special inquiry offi2 cer for a hearing on exclusion of the alien.’’.

3 (b) CONFORMING AMENDMENT.—Section 237(a) of

4 such Act (8 U.S.C. 1227(a)) is amended—

5 (1) in the second sentence of paragraph (1), by

6 striking ‘‘Deportation’’ and inserting ‘‘Subject to

7 section 235(b)(1), deportation’’, and

8 (2) in the first sentence of paragraph (2), by

9 striking ‘‘If’’ and inserting ‘‘Subject to section

10 235(b)(1), if’’.

11 (c) EFFECTIVE DATE.—The amendments made by

12 this section shall take effect on the first day of the first

13 month that begins more than 90 days after the date of

14 the enactment of this Act.

15 SEC. 622. JUDICIAL REVIEW.

16 (a) PRECLUSION OF JUDICIAL REVIEW.—Section

17 106 of the Immigration and Nationality Act (8 U.S.C.

18 1105a) is amended—

19 (1) by amending the section heading to read as

20 follows:

21 ‘‘JUDICIAL REVIEW OF ORDERS OF DEPORTATION AND

22 EXCLUSION, AND SPECIAL EXCLUSION’’; and

23 (2) by adding at the end the following new sub24 section:

25 ‘‘(d)(1) Notwithstanding any other provision of law,

26 and except as provided in this subsection, no court shall
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1 have jurisdiction to review any individual determination,

2 or to entertain any other cause or claim, arising from or

3 relating to the implementation or operation of section

4 235(b)(1). Regardless of the nature of the action or claim,

5 or the party or parties bringing the action, no court shall

6 have jurisdiction or authority to enter declaratory, injunc7 tive, or other equitable relief not specifically authorized in

8 this subsection nor to certify a class under Rule 23 of the

9 Federal Rules of Civil Procedure.

10 ‘‘(2) Judicial review of any cause, claim, or individual

11 determination covered under paragraph (1) shall only be

12 available in habeas corpus proceedings, and shall be lim13 ited to determinations of—

14 ‘‘(A) whether the petitioner is an alien, if the

15 petitioner makes a showing that the petitioner’s

16 claim of United States nationality is not frivolous;

17 ‘‘(B) whether the petitioner was ordered spe18 cially excluded under section 235(b)(1)(A); and

19 ‘‘(C) whether the petitioner can prove by a pre20 ponderance of the evidence that the petitioner is an

21 alien lawfully admitted for permanent residence and

22 is entitled to such review as is provided by the Attor23 ney General pursuant to section 235(b)(1)(E)(i).

24 ‘‘(3) In any case where the court determines that an

25 alien was not ordered specially excluded, or was not prop-
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1 erly subject to special exclusion under the regulations

2 adopted by the Attorney General, the court may order no

3 relief beyond requiring that the alien receive a hearing in

4 accordance with section 236, or a determination in accord5 ance with section 235(c) or 273(d).

6 ‘‘(4) In determining whether an alien has been or7 dered specially excluded, the court’s inquiry shall be lim8 ited to whether such an order was in fact issued and

9 whether it relates to the petitioner.’’.

10 (b) PRECLUSION OF COLLATERAL ATTACKS.—Sec11 tion 235 of such Act (8 U.S.C. 1225) is amended by add12 ing at the end the following new subsection:

13 ‘‘(d) In any action brought for the assessment of pen14 alties for improper entry or re-entry of an alien under sec15 tions 275 and 276, no court shall have jurisdiction to hear

16 claims collaterally attacking the validity of orders of exclu17 sion, special exclusion, or deportation entered under this

18 section or sections 236 and 242.’’.

19 SEC. 623. EXCLUSION OF ALIENS WHO HAVE NOT BEEN IN20 SPECTED AND ADMITTED.

21 (a) IN GENERAL.—Section 241 of the Immigration

22 and Nationality Act (8 U.S.C. 1251) is amended by add23 ing at the end the following new subsection:

24 ‘‘(d) Notwithstanding any other provision of this title,

25 an alien found in the United States who has not been ad-
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1 mitted to the United States after inspection in accordance

2 with section 235 is deemed for purposes of this Act to

3 be seeking entry and admission to the United States and

4 shall be subject to examination and exclusion by the Attor5 ney General under chapter 4. In the case of such an alien

6 the Attorney General shall provide by regulation an oppor7 tunity for the alien to establish that the alien was so ad8 mitted.’’.

9 (b) EFFECTIVE DATE.—The amendment made by

10 subsection (a) shall take effect on the first day of the first

11 month beginning more than 90 days after the date of the

12 enactment of this Act.

13 Subtitle C—Improved Information

14 and Processing

15 PART 1—IMMIGRATION PROCEDURES

16 SEC. 631. ACCESS TO CERTAIN CONFIDENTIAL INS FILES

17 THROUGH COURT ORDER.

18 (a) LEGALIZATION PROGRAM.—Section 245A(c)(5)

19 of the Immigration and Nationality Act (8 U.S.C.

20 1255a(c)(5) is amended—

21 (1) by inserting ‘‘(i)’’ after ‘‘except the Attor22 ney General’’; and

23 (2) by inserting after ‘‘title 13, United States

24 Code’’ the following: ‘‘and (ii) may authorize an ap25 plication to a Federal court of competent jurisdiction
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1 for, and a judge of such court may grant, an order

2 authorizing disclosure of information contained in

3 the application of the alien to be used—

4 ‘‘(I) for identification of the alien

5 when there is reason to believe that the

6 alien has been killed or severely incapaci7 tated; or

8 ‘‘(II) for criminal law enforcement

9 purposes against the alien whose applica10 tion is to be disclosed if the alleged crimi11 nal activity occurred after the legalization

12 application was filed and such activity in13 volves terrorist activity or poses either an

14 immediate risk to life or to national secu15 rity, or would be prosecutable as an aggra16 vated felony, but without regard to the

17 length of sentence that could be imposed

18 on the applicant’’.

19 (b) SPECIAL AGRICULTURAL WORKER PROGRAM.—

20 Section 210(b) of such Act (8 U.S.C. 1160(b)) is amend21 ed—

22 (1) in paragraph (5), by inserting ‘‘, except as

23 allowed by a court order issued pursuant to para24 graph (6)’’ after ‘‘consent of the alien’’, and
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1 (2) in paragraph (6), by inserting after the first

2 sentence the following:

3 ‘‘Notwithstanding the previous sentence, the Attor4 ney General may authorize an application to a Fed5 eral court of competent jurisdiction for, and a judge

6 of such court may grant, an order authorizing dis7 closure of information contained in the application of

8 the alien to be used (i) for identification of the alien

9 when there is reason to believe that the alien has

10 been killed or severely incapacitated, or (ii) for

11 criminal law enforcement purposes against the alien

12 whose application is to be disclosed if the alleged

13 criminal activity occurred after the special agricul14 tural worker application was filed and such activity

15 involves terrorist activity or poses either an imme16 diate risk to life or to national security, or would be

17 prosecutable as an aggravated felony, but without

18 regard to the length of sentence that could be im19 posed on the applicant.’’.

20 SEC. 632. WAIVER AUTHORITY CONCERNING NOTICE OF

21 DENIAL OF APPLICATION FOR VISAS.

22 Section 212(b) of the Immigration and Nationality

23 Act (8 U.S.C. 1182(b)) is amended—

24 (1) by redesignating paragraphs (1) and (2) as

25 subparagraphs (A) and (B);
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1 (2) by striking ‘‘If’’ and inserting ‘‘(1) Subject

2 to paragraph (2), if’’; and

3 (3) by inserting at the end the following para4 graph:

5 ‘‘(2) With respect to applications for visas, the Sec6 retary of State may waive the application of paragraph

7 (1) in the case of a particular alien or any class or classes

8 of aliens excludable under subsection (a)(2) or (a)(3).’’.

9 PART 2—ASSET FORFEITURE FOR PASSPORT

10 AND VISA OFFENSES

11 SEC. 641. CRIMINAL FORFEITURE FOR PASSPORT AND VISA

12 RELATED OFFENSES.

13 Section 982 of title 18, United States Code, is

14 amended—

15 (1) in subsection (a), by inserting after para16 graph (5) the following new paragraph:

17 ‘‘(6) The court, in imposing sentence on a person con18 victed of a violation of, or conspiracy to violate, section

19 1541, 1542, 1543, 1544, or 1546 of this title, or a viola20 tion of, or conspiracy to violate, section 1028 of this title

21 if committed in connection with passport or visa issuance

22 or use, shall order that the person forfeit to the United

23 States any property, real or personal, which the person

24 used, or intended to be used, in committing, or facilitating

25 the commission of, the violation, and any property con-
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1 stituting, or derived from, or traceable to, any proceeds

2 the person obtained, directly or indirectly, as a result of

3 such violation.’’, and

4 (2) in subsection (b)(1)(B), by inserting ‘‘or

5 (a)(6)’’ after ‘‘(a)(2)’’.

6 SEC. 642. SUBPOENAS FOR BANK RECORDS.

7 Section 986(a) of title 18, United States Code, is

8 amended by inserting ‘‘1028, 1541, 1542, 1543, 1544,

9 1546,’’ before ‘‘1956’’.

10 SEC. 643. EFFECTIVE DATE.

11 The amendments made by this subtitle shall take ef12 fect on the first day of the first month that begins more

13 than 90 days after the date of the enactment of this Act.

14 TITLE VII—FUNDING

15 SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

16 There is authorized to be appropriated to the Federal

17 Bureau of Investigation such sums as are necessary—

18 (1) to hire additional personnel, and to procure

19 equipment, to support expanded investigations of do20 mestic and international terrorism activities;

21 (2) to establish a Domestic Counterterrorism

22 Center to coordinate and centralize Federal, State,

23 and local law enforcement efforts in response to

24 major terrorist incidents, and as a clearinghouse for
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1 all domestic and international terrorism information

2 and intelligence; and

3 (3) to cover costs associated with providing law

4 enforcement coverage of public events offering the

5 potential of being targeted by domestic or inter6 national terrorists.

7 SEC. 702. CIVIL MONETARY PENALTY SURCHARGE AND

8 TELECOMMUNICATIONS CARRIER COMPLI9 ANCE PAYMENTS.

10 The Communications Assistance for Law Enforce11 ment Act is amended by adding at the end the following:

12 ‘‘TITLE IV—CIVIL MONETARY

13 PENALTY SURCHARGE AND

14 TELECOMMUNICATIONS CAR15 RIER COMPLIANCE PAY16 MENTS

17 ‘‘SEC. 401. CIVIL MONETARY PENALTY SURCHARGE.

18 ‘‘(a) IMPOSITION.—Notwithstanding any other provi19 sion of law, and subject to section 402(c), 40 percent of

20 the principal amount of a civil monetary penalty assessed

21 by the United States or an agency thereof shall be added

22 to the fund established in section 402.

23 ‘‘(b) EFFECTIVE DATES.—(1) Subsection (a) shall

24 apply with respect to all civil monetary penalties assessed
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1 on or after October 1, 1995, or the date of enactment of

2 this title, whichever is later.

3 ‘‘(2) The application of subsection (a) shall terminate

4 on October 1, 1998.

5 ‘‘(d) LIMITATION.—This section does not apply to

6 any civil monetary penalty assessed under the Internal

7 Revenue Code of 1986.

8 ‘‘SEC. 402. DEPARTMENT OF JUSTICE TELECOMMUNI9 CATIONS CARRIER COMPLIANCE FUND.

10 ‘‘(a) ESTABLISHMENT OF FUND.—There is hereby

11 established in the United States Treasury a fund to be

12 known as the Department of Justice Telecommunications

13 Carrier Compliance Fund (hereinafter in this section re14 ferred to as the ‘Fund’), which shall be available to the

15 Attorney General to the extent and in the amounts author16 ized by subsection (c) to make payments to telecommuni17 cations carriers, as authorized by section 109 of the Com18 munications Assistance for Law Enforcement Act.

19 ‘‘(b) OFFSETTING COLLECTIONS.—Notwithstanding

20 section 3302 of title 31, United States Code, the Attorney

21 General may credit amounts added pursuant to section

22 401 of this title to the Fund as offsetting collections.

23 ‘‘(c) REQUIREMENTS FOR APPROPRIATIONS OFF24 SET.—(1) Amounts may be added pursuant to section 401
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1 only to the extent and in the amounts provided for in ad2 vance in appropriations Acts.

3 ‘‘(2)(A) Collections credited to the Fund are author4 ized to be appropriated in such amounts as may be nec5 essary, but not to exceed $100,000,000 in fiscal year

6 1996, $305,000,000 in fiscal year 1997, and $80,000,000

7 in fiscal year 1998.

8 ‘‘(B) Amounts described in subparagraph (A) are au9 thorized to be appropriated without fiscal year limitation.

10 ‘‘(d) TERMINATION.—(1) The Attorney General may

11 terminate the Fund at such time as the Attorney General

12 determines that the Fund is no longer necessary, but no

13 later than the end of fiscal year 2000.

14 ‘‘(2) Any balance in the Fund at the time of its termi15 nation shall be deposited in the general fund of the Treas16 ury.

17 ‘‘(3) A decision of the Attorney General to terminate

18 the Fund shall not be subject to judicial review.

19 ‘‘SEC. 403. DEFINITIONS.

20 ‘‘For purposes of this title, the terms ‘agency’ and

21 ‘civil monetary penalty’ have the meanings given to them

22 by section 3 of the Federal Civil Penalties Inflation

23 Adjustment Act of 1990 (28 U.S.C. 2461 note).’’.

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