Union Calendar No. 193

104TH CONGRESS

1ST SESSION H. R. 1710

[Report No. 104–383]

A BILL

To combat terrorism.

DECEMBER 5, 1995

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 193

104TH CONGRESS

1ST SESSION H. R. 1710

[Report No. 104–383]

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

DECEMBER 5, 1995

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on May 25, 1995]

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’’.
2

•HR 1710 RH

1 SEC. 2. TABLE OF CONTENTS.

2 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. Prohibiting material support to terrorist organizations.

Sec. 103. Modification of material support provision.

Sec. 104. Acts of terrorism transcending national boundaries.

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 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.

Sec. 112. Study to determine standards for determining what ammunition is capable of penetrating police body armor.

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 certain consumer reports to the Federal Bureau of Investigation for foreign counterintelligence investigations.

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, detection of explosives and explosive materials, rendering explosive components inert, and imposing controls of precursors of explosives.

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

or oral communications.

Sec. 307. Exclusion of certain types of information from wiretap-related definitions.

Sec. 308. Addition of conspiracies to temporary emergency wiretap authority.

Sec. 309. Requirements for multipoint wiretaps.

Sec. 310. Access to telephone billing records.

Sec. 311. Requirement to preserve record evidence.
3

•HR 1710 RH

Sec. 312. Authority to request military assistance with respect to offenses involving biological and chemical weapons.

Sec. 313. Detention hearing.

Sec. 314. Reward authority of the Attorney General.

Sec. 315. Definition of terrorism.

Sec. 316. Protection of Federal Government buildings in the District of Columbia.

Sec. 317. Study of thefts from armories; report to the Congress.

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.

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 removal 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.

Subtitle D—Employee Verification by Security Services Companies

Sec. 651. Permitting security services companies to request additional documentation.
4

•HR 1710 RH

TITLE VII—AUTHORIZATION AND FUNDING

Sec. 701. Authorization of appropriations.

Sec. 702. Civil monetary penalty surcharge and telecommunications carrier compliance payments.

Sec. 703. Firefighter and emergency services training

Sec. 704. Assistance to foreign countries to procure explosive detection devices and

other counter-terrorism technology.

Sec. 705. Research and development to support counterterrorism technologies.

TITLE VIII—MISCELLANEOUS

Sec. 801. Machine readable visas and passports.

Sec. 802. Study of State licensing requirements for the purchase and use of high

explosives.

Sec. 803. Compensation of victims of terrorism.

Sec. 804. Jurisdiction for lawsuits against terrorist States.

Sec. 805. Study of publicly available instructional material on the making of

bombs, destructive devices, and weapons of mass destruction.

Sec. 806. Compilation of statistics relating to intimidation of Government employees.

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

9 of the United States Government (including any member

10 of the uniformed services) while such officer or employee is

11 engaged in or on account of the performance of official du12 ties, or any person assisting such an officer or employee

13 in the performance of such duties or on account of that as14 sistance, shall be punished, in the case of murder, as pro15 vided under section 1111, or in the case of manslaughter,
5

•HR 1710 RH

1 as provided under section 1112, or, in the case of attempted

2 murder or manslaughter, as provided in section 1113.’’.

3 (b) THREATS AGAINST FORMER OFFICERS AND EM4 PLOYEES.—Section 115(a)(2) of title 18, United States

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

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

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

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

9 SEC. 102. PROHIBITING MATERIAL SUPPORT TO TERRORIST

10 ORGANIZATIONS.

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

12 United States Code, that relates to terrorism is amended

13 by adding at the end the following:

14 ‘‘§ 2339B. Providing material support to terrorist or15 ganizations

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

17 knowingly provides material support or resources in or af18 fecting interstate or foreign commerce, to any organization

19 which the person knows or should have known is a terrorist

20 organization and that has been designated under section

21 212(a)(3)(B)(iv) of the Immigration and Nationality Act

22 as a terrorist organization shall be fined under this title

23 or imprisoned not more than 10 years, or both.
6

•HR 1710 RH

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

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

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

4 (b) CLERICAL AMENDMENT.—The table of sections at

5 the beginning of chapter 113B of title 18, United States

6 Code, is amended by adding at the end the following new

7 item:

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

8 SEC. 103. MODIFICATION OF MATERIAL SUPPORT PROVI9 SION.

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

11 amended read as follows:

12 ‘‘§ 2339A. Providing material support to terrorists

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

14 provides material support or resources or conceals or dis15 guises the nature, location, source, or ownership of material

16 support or resources, knowing or intending that they are

17 to be used in preparation for or in carrying out, a violation

18 of section 32, 37, 351, 844(f) or (i), 956, 1114, 1116, 1203,

19 1361, 1363, 1751, 2280, 2281, 2332, 2332a, or 2332b of this

20 title or section 46502 of title 49, or in preparation for or

21 in carrying out the concealment or an escape from the com22 mission of any such violation, shall be fined under this title,

23 imprisoned not more than ten years, or both.

24 ‘‘(b) DEFINITION.—In this section, the term ‘material

25 support or resources’ means currency or other financial se-
7

•HR 1710 RH

1 curities, financial services, lodging, training, safehouses,

2 false documentation or identification, communications

3 equipment, facilities, weapons, lethal substances, explosives,

4 personnel, transportation, and other physical assets, except

5 medicine or religious materials.’’.

6 SEC. 104. ACTS OF TERRORISM TRANSCENDING NATIONAL

7 BOUNDARIES.

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

9 amended by inserting after section 2332a the following:

10 ‘‘§ 2332b. Acts of terrorism transcending national

11 boundaries

12 ‘‘(a) PROHIBITED ACTS.—

13 ‘‘(1) Whoever, involving any conduct transcend14 ing national boundaries and in a circumstance de15 scribed in subsection (b)—

16 ‘‘(A) kills, kidnaps, maims, commits an as17 sault resulting in serious bodily injury, or as18 saults with a dangerous weapon any individual

19 within the United States; or

20 ‘‘(B) creates a substantial risk of serious

21 bodily injury to any other person by destroying

22 or damaging any structure, conveyance, or other

23 real or personal property within the United

24 States or by attempting or conspiring to destroy

25 or damage any structure, conveyance, or other
8

•HR 1710 RH

1 real or personal property within the United

2 States;

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

4 States shall be punished as prescribed in subsection

5 (c).

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

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

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

9 ‘‘(b) JURISDICTIONAL BASES.—The circumstances re10 ferred to in subsection (a) are—

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

12 mail or any facility of, interstate or foreign commerce

13 in furtherance of the offense or to escape apprehension

14 after the commission of the offense;

15 ‘‘(2) the offense obstructs, delays, or affects inter16 state or foreign commerce, or would have so ob17 structed, delayed, or affected interstate or foreign

18 commerce if the offense had been consummated;

19 ‘‘(3) the victim, or intended victim, is the United

20 States Government, a member of the uniformed serv21 ices, or any official, officer, employee, or agent of the

22 legislative, executive, or judicial branches, or of any

23 department or agency, of the United States;

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

25 personal property is, in whole or in part, owned, pos-
9

•HR 1710 RH

1 sessed, used by, or leased to the United States, or any

2 department or agency thereof;

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

4 sea (including the airspace above and the seabed and

5 subsoil below, and artificial islands and fixed struc6 tures erected thereon) of the United States; or

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

8 within the United States that are in the special mari9 time and territorial jurisdiction of the United States.

10 Jurisdiction shall exist over all principals and co-conspira11 tors of an offense under this section, and accessories after

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

13 of such circumstances is applicable to at least one offender.

14 ‘‘(c) PENALTIES.—

15 ‘‘(1) Whoever violates this section shall be pun16 ished—

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

18 person from any other conduct prohibited by this

19 section by death, or by imprisonment for any

20 term of years or for life;

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

22 any term of years or for life;

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

24 more than 35 years;
10

•HR 1710 RH

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

2 or assault resulting in serious bodily injury, by

3 imprisonment for not more than 30 years;

4 ‘‘(E) for destroying or damaging any struc5 ture, conveyance, or other real or personal prop6 erty, by imprisonment for not more than 25

7 years;

8 ‘‘(F) for attempting or conspiring to com9 mit an offense, for any term of years up to the

10 maximum punishment that would have applied

11 had the offense been completed; and

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

13 under this section, by imprisonment for not more

14 than 10 years.

15 ‘‘(2) Notwithstanding any other provision of law,

16 the court shall not place on probation any person con17 victed of a violation of this section; nor shall the term

18 of imprisonment imposed under this section run con19 currently with any other term of imprisonment.

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

21 shall be sought nor any information filed for any offense

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

23 highest ranking subordinate of the Attorney General with

24 responsibility for criminal prosecutions, makes a written

25 certification that, in the judgment of the certifying official,
11

•HR 1710 RH

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

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

3 2331 of this title.

4 ‘‘(e) PROOF REQUIREMENTS.—

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

6 knowledge by any defendant of a jurisdictional base

7 alleged in the indictment.

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

9 based upon the adoption of State law, only the ele10 ments of the offense under State law, and not any

11 provisions pertaining to criminal procedure or evi12 dence, are adopted.

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

14 extraterritorial Federal jurisdiction—

15 ‘‘(1) over any offense under subsection (a), in16 cluding any threat, attempt, or conspiracy to commit

17 such offense; and

18 ‘‘(2) over conduct which, under section 3 of this

19 title, renders any person an accessory after the fact

20 to an offense under subsection (a).

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

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

23 boundaries’ means conduct occurring outside the

24 United States in addition to the conduct occurring in

25 the United States;
12

•HR 1710 RH

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

2 commerce’ has the meaning given that term in section

3 1958(b)(2) of this title;

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

5 meaning prescribed in section 1365(g)(3) of this title;

6 and

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

8 States’ means all waters extending seaward to 12

9 nautical miles from the baselines of the United States

10 determined in accordance with international law.’’.

11 (b) CLERICAL AMENDMENT.—The table of sections at

12 the beginning of the chapter 113B of title 18, United States

13 Code, that relates to terrorism is amended by inserting after

14 the item relating to section 2332a the following new item:

‘‘2332b. Acts of terrorism transcending national boundaries.’’.

15 (c) STATUTE OF LIMITATIONS AMENDMENT.—Section

16 3286 of title 18, United States Code, is amended by—

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

18 non-capital offense’’;

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

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

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

22 (5) inserting ‘‘2332b (acts of terrorism tran23 scending national boundaries),’’ after ‘‘(use of weap24 ons of mass destruction),’’.
13

•HR 1710 RH

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

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

3 956(a), or 2332b’’ after ‘‘section 924(c)’’.

4 SEC. 105. CONSPIRACY TO HARM PEOPLE AND PROPERTY

5 OVERSEAS.

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

7 18, United States Code, is amended to read as follows:

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

9 persons or damage property in a foreign

10 country

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

12 States, conspires with one or more other persons, regardless

13 of where such other person or persons are located, to commit

14 at any place outside the United States an act that would

15 constitute the offense of murder, kidnapping, or maiming

16 if committed in the special maritime and territorial juris17 diction of the United States shall, if any of the conspirators

18 commits an act within the jurisdiction of the United States

19 to effect any object of the conspiracy, be punished as pro20 vided in subsection (a)(2).

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

22 (a)(1) of this section is—

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

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

25 and
14

•HR 1710 RH

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

2 if the offense is conspiracy to maim.

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

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

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

6 or destroy specific property situated within a foreign coun7 try and belonging to a foreign government or to any politi8 cal subdivision thereof with which the United States is at

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

10 other public utility, public conveyance, or public structure,

11 or any religious, educational, or cultural property so situ12 ated, shall, if any of the conspirators commits an act within

13 the jurisdiction of the United States to effect any object of

14 the conspiracy, be imprisoned not more than 25 years.’’.

15 (b) CLERICAL AMENDMENT.—The item relating to sec16 tion 956 in the table of sections at the beginning of chapter

17 45 of title 18, United States Code, is amended to read as

18 follows:

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

in a foreign country.’’.

19 SEC. 106. CLARIFICATION AND EXTENSION OF CRIMINAL

20 JURISDICTION OVER CERTAIN TERRORISM

21 OFFENSES OVERSEAS.

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

23 United States Code, is amended—
15

•HR 1710 RH

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

2 found in the United States’’;

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

4 ‘‘(2) There is jurisdiction over the offense in paragraph

5 (1) if—

6 ‘‘(A) a national of the United States was aboard

7 the aircraft;

8 ‘‘(B) an offender is a national of the United

9 States; or

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

11 United States.’’; and

12 (3) by inserting after paragraph (2) the follow13 ing:

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

15 of the United States’ has the meaning prescribed in section

16 101(a)(22) of the Immigration and Nationality Act (8

17 U.S.C. 1101(a)(22)).’’.

18 (b) DESTRUCTION OF AIRCRAFT OR AIRCRAFT FACILI19 TIES.—Section 32(b) of title 18, United States Code, is

20 amended—

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

22 in the United States,’’; and

23 (2) by inserting at the end the following: ‘‘There

24 is jurisdiction over an offense under this subsection if

25 a national of the United States was on board, or
16

•HR 1710 RH

1 would have been on board, the aircraft; an offender is

2 a national of the United States; or an offender is

3 afterwards found in the United States. For purposes

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

5 States’ has the meaning prescribed in section

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

7 (c) MURDER OF FOREIGN OFFICIALS AND CERTAIN

8 OTHER PERSONS.—Section 1116 of title 18, United States

9 Code, is amended—

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

11 following:

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

13 meaning prescribed in section 101(a)(22) of the Im14 migration and Nationality Act (8 U.S.C.

15 1101(a)(22)).’’; and

16 (2) in subsection (c), by striking the first sen17 tence and inserting the following: ‘‘If the victim of an

18 offense under subsection (a) is an internationally pro19 tected person outside the United States, the United

20 States may exercise jurisdiction over the offense if (1)

21 the victim is a representative, officer, employee, or

22 agent of the United States, (2) an offender is a na23 tional of the United States, or (3) an offender is after24 wards found in the United States.’’.
17

•HR 1710 RH

1 (d) PROTECTION OF FOREIGN OFFICIALS AND CER2 TAIN OTHER PERSONS.—Section 112 of title 18, United

3 States Code, is amended—

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

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

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

8 offense under subsection (a) is an internationally pro9 tected person outside the United States, the United

10 States may exercise jurisdiction over the offense if (1)

11 the victim is a representative, officer, employee, or

12 agent of the United States, (2) an offender is a na13 tional of the United States, or (3) an offender is after14 wards found in the United States.’’.

15 (e) THREATS AND EXTORTION AGAINST FOREIGN OF16 FICIALS AND CERTAIN OTHER PERSONS.—Section 878 of

17 title 18, United States Code, is amended—

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

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

20 (2) in subsection (d), by striking the first sen21 tence and inserting the following: ‘‘If the victim of an

22 offense under subsection (a) is an internationally pro23 tected person outside the United States, the United

24 States may exercise jurisdiction over the offense if (1)

25 the victim is a representative, officer, employee, or
18

•HR 1710 RH

1 agent of the United States, (2) an offender is a na2 tional of the United States, or (3) an offender is after3 wards found in the United States.’’.

4 (f) KIDNAPPING OF INTERNATIONALLY PROTECTED

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

6 is amended—

7 (1) by striking the first sentence and inserting

8 the following: ‘‘If the victim of an offense under sub9 section (a) is an internationally protected person out10 side the United States, the United States may exercise

11 jurisdiction over the offense if (1) the victim is a rep12 resentative, officer, employee, or agent of the United

13 States, (2) an offender is a national of the United

14 States, or (3) an offender is afterwards found in the

15 United States.’’; and

16 (2) by adding at the end the following: ‘‘For pur17 poses of this subsection, the term ‘national of the

18 United States’ has the meaning prescribed in section

19 101(a)(22) of the Immigration and Nationality Act

20 (8 U.S.C. 1101(a)(22)).’’.

21 (g) VIOLENCE AT INTERNATIONAL AIRPORTS.—Section

22 37(b)(2) of title 18, United States Code, is amended—

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

24 later found in the United States’’; and
19

•HR 1710 RH

1 (2) by inserting ‘‘; or (B) an offender or a victim

2 is a national of the United States (as defined in sec3 tion 101(a)(22) of the Immigration and Nationality

4 Act (8 U.S.C. 1101(a)(22)))’’ after ‘‘the offender is

5 later found in the United States’’.

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

7 United States Code, is amended—

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

9 (3);

10 (2) by striking the ‘‘period’’ at the end of para11 graph (4) and inserting ‘‘; and’’; and

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

13 ‘‘(5) the term ‘national of the United States’ has

14 the meaning prescribed in section 101(a)(22) of the

15 Immigration and Nationality Act (8 U.S.C.

16 1101(a)(22)).’’.

17 SEC. 107. EXPANSION AND MODIFICATION OF WEAPONS OF

18 MASS DESTRUCTION STATUTE.

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

20 amended—

21 (1) in subsection (a)—

22 (A) by inserting ‘‘AGAINST A NATIONAL OR

23 WITHIN THE UNITED STATES’’ after ‘‘OF24 FENSE’’;
20

•HR 1710 RH

1 (B) by inserting ‘‘, without lawful author2 ity’’ after ‘‘A person who’’;

3 (C) by inserting ‘‘threatens,’’ before ‘‘at4 tempts or conspires to use, a weapon of mass de5 struction’’; and

6 (D) by inserting ‘‘and the results of such

7 use affect interstate or foreign commerce or, in

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

9 would have affected interstate or foreign com10 merce’’ before the semicolon at the end of para11 graph (2);

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

13 of paragraph (2) reads as follows:

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

15 death or serious bodily injury through the re16 lease, dissemination, or impact of toxic or poi17 sonous chemicals, or their precursors;’’;

18 (3) by redesignating subsection (b) as subsection

19 (c); and

20 (4) by inserting after subsection (a) the following

21 new subsection:

22 ‘‘(b) OFFENSE BY NATIONAL OUTSIDE THE UNITED

23 STATES.—Any national of the United States who, without

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

25 threatens, attempts, or conspires to use, a weapon of mass
21

•HR 1710 RH

1 destruction shall be imprisoned for any term of years or

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

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

4 SEC. 108. ADDITION OF OFFENSES TO THE MONEY LAUN5 DERING STATUTE.

6 (a) MURDER AND DESTRUCTION OF PROPERTY.—Sec7 tion 1956(c)(7)(B)(ii) of title 18, United States Code, is

8 amended by striking ‘‘or extortion;’’ and inserting ‘‘extor9 tion, murder, or destruction of property by means of explo10 sive or fire;’’.

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

12 title 18, United States Code, is amended—

13 (1) by inserting after ‘‘an offense under’’ the fol14 lowing: ‘‘section 32 (relating to the destruction of air15 craft), section 37 (relating to violence at international

16 airports), section 115 (relating to influencing, imped17 ing, or retaliating against a Federal official by

18 threatening or injuring a family member),’’;

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

20 commissions or gifts for procuring loans),’’ the follow21 ing: ‘‘section 351 (relating to Congressional or Cabi22 net officer assassination),’’;

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

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

25 (relating to prohibited transactions involving nuclear
22

•HR 1710 RH

1 materials), section 844 (f) or (i) (relating to destruc2 tion by explosives or fire of Government property or

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

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

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

6 956 (relating to conspiracy to kill, kidnap, maim, or

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

8 (5) by inserting after ‘‘1032 (relating to conceal9 ment of assets from conservator, receiver, or liquidat10 ing agent of financial institution),’’ the following:

11 ‘‘section 1111 (relating to murder), section 1114 (re12 lating to protection of officers and employees of the

13 United States), section 1116 (relating to murder of

14 foreign officials, official guests, or internationally

15 protected persons),’’;

16 (6) by inserting after ‘‘section 1203 (relating to

17 hostage taking),’’ the following: ‘‘section 1361 (relat18 ing to willful injury of Government property), section

19 1363 (relating to destruction of property within the

20 special maritime and territorial jurisdiction),’’;

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

22 the mail),’’ the following: ‘‘section 1751 (relating to

23 Presidential assassination),’’;

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

25 and postal robbery and theft),’’ the following: ‘‘section
23

•HR 1710 RH

1 2280 (relating to violence against maritime naviga2 tion), section 2281 (relating to violence against mari3 time fixed platforms),’’; and

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

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

6 abroad against United States nationals), section

7 2332a (relating to use of weapons of mass destruc8 tion), section 2332b (relating to international terror9 ist acts transcending national boundaries), section

10 2339A (relating to providing material support to ter11 rorists) of this title, section 46502 of title 49, United

12 States Code’’.

13 SEC. 109. EXPANSION OF FEDERAL JURISDICTION OVER

14 BOMB THREATS.

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

16 amended by striking ‘‘commerce,’’ and inserting ‘‘interstate

17 or foreign commerce, or in or affecting interstate or foreign

18 commerce,’’.

19 SEC. 110. CLARIFICATION OF MARITIME VIOLENCE JURIS20 DICTION.

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

22 is amended—

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

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

25 activity takes place’’; and
24

•HR 1710 RH

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

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

3 or outside the United States,’’.

4 SEC. 111. POSSESSION OF STOLEN EXPLOSIVES PROHIB5 ITED.

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

7 amended to read as follows:

8 ‘‘(h) It shall be unlawful for any person to receive, pos9 sess, transport, ship, conceal, store, barter, sell, dispose of,

10 or pledge or accept as security for a loan, any stolen explo11 sive materials which are moving as, which are part of,

12 which constitute, or which have been shipped or transported

13 in, interstate or foreign commerce, either before or after such

14 materials were stolen, knowing or having reasonable cause

15 to believe that the explosive materials were stolen.’’.

16 SEC. 112. STUDY TO DETERMINE STANDARDS FOR DETER17 MINING WHAT AMMUNITION IS CAPABLE OF

18 PENETRATING POLICE BODY ARMOR.

19 The National Institute of Justice is directed to perform

20 a study of, and to recommend to Congress, a methodology

21 for determining what ammunition, designed for handguns,

22 is capable of penetrating police body armor. Not later than

23 6 months after the date of the enactment of this Act, the

24 National Institute of Justice shall report to Congress the

25 results of such study and such recommendations.
25

•HR 1710 RH

1 TITLE II—INCREASED

2 PENALTIES

3 SEC. 201. MANDATORY MINIMUM FOR CERTAIN EXPLOSIVES

4 OFFENSES.

5 (a) INCREASED PENALTIES FOR DAMAGING CERTAIN

6 PROPERTY.—Section 844(f) of title 18, United States Code,

7 is amended to read as follows:

8 ‘‘(f) Whoever damages or destroys, or attempts to dam9 age or destroy, by means of fire or an explosive, any per10 sonal or real property in whole or in part owned, possessed,

11 or used by, or leased to, the United States, or any depart12 ment or agency thereof, or any institution or organization

13 receiving Federal financial assistance shall be fined under

14 this title or imprisoned for not more than 25 years, or both,

15 but—

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

17 other than the offender, the term of imprisonment

18 shall be not more than 40 years;

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

20 creates a substantial risk of serious bodily injury to

21 any person other than the offender, the term of im22 prisonment shall not be less than 20 years; and

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

24 offender, the offender shall be subject to the death pen-
26

•HR 1710 RH

1 alty or imprisonment for any term of years not less

2 than 30, or for life.’’.

3 (b) CONFORMING AMENDMENT.—Section 81 of title 18,

4 United States Code, is amended by striking ‘‘fined under

5 this title or imprisoned not more than five years, or both’’

6 and inserting ‘‘imprisoned not more than 25 years or fined

7 the greater of the fine under this title or the cost of repairing

8 or replacing any property that is damaged or destroyed,

9 or both’’.

10 (c) STATUTE OF LIMITATION FOR ARSON OFFENSES.—

11 (1) Chapter 213 of title 18, United States Code,

12 is amended by adding at the end the following:

13 ‘‘§ 3295. Arson offenses

14 ‘‘No person shall be prosecuted, tried, or punished for

15 any non-capital offense under section 81 or subsection (f),

16 (h), or (i) of section 844 of this title unless the indictment

17 is found or the information is instituted within 7 years

18 after the date on which the offense was committed.’’.

19 (2) The table of sections at the beginning of

20 chapter 213 of title 18, United States Code, is amend21 ed by adding at the end the following new item:

‘‘3295. Arson offenses.’’.

22 (3) Section 844(i) of title 18, United States

23 Code, is amended by striking the last sentence.
27

•HR 1710 RH

1 SEC. 202. INCREASED PENALTY FOR EXPLOSIVE CONSPIR2 ACIES.

3 Section 844 of title 18, United States Code, is amended

4 by adding at the end the following:

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

6 person who conspires to commit any offense defined in this

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

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

9 commission of which was the object of the conspiracy.’’.

10 SEC. 203. INCREASED AND ALTERNATE CONSPIRACY PEN11 ALTIES FOR TERRORISM OFFENSES.

12 (a) TITLE 18 OFFENSES.—

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

14 115(a)(1)(A), 115(a)(2), 1203(a), 2280(a)(1)(H), and

15 2281(a)(1)(F) of title 18, United States Code, are

16 each amended by inserting ‘‘or conspires’’ after ‘‘at17 tempts’’.

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

19 Code, is amended by striking ‘‘or attempted kidnap20 ping’’ both places it appears and inserting ‘‘, at21 tempted kidnapping, or conspiracy to kidnap’’.

22 (3)(A) Section 115(b)(3) of title 18, United

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

24 murder’’ and inserting ‘‘, attempted murder, or con25 spiracy to murder’’.
28

•HR 1710 RH

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

2 Code, is amended by striking ‘‘and 1113’’ and insert3 ing ‘‘, 1113, and 1117’’.

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

5 Code, is amended by inserting ‘‘or conspires to do so,’’

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

7 (b) AIRCRAFT PIRACY.—

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

9 Code, is amended by inserting ‘‘or conspiring’’ after

10 ‘‘attempting’’.

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

12 Code, is amended by inserting ‘‘or conspiring to com13 mit’’ after ‘‘committing’’.

14 SEC. 204. MANDATORY PENALTY FOR TRANSFERRING A

15 FIREARM KNOWING THAT IT WILL BE USED

16 TO COMMIT A CRIME OF VIOLENCE.

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

18 amended—

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

20 believe’’ after ‘‘knowing’’; and

21 (2) by striking ‘‘imprisoned not more than 10

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

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

24 be imposed under subsection (c) for a first conviction

25 for the use or carrying of the firearm.’’.
29

•HR 1710 RH

1 SEC. 205. MANDATORY PENALTY FOR TRANSFERRING AN

2 EXPLOSIVE MATERIAL KNOWING THAT IT

3 WILL BE USED TO COMMIT A CRIME OF VIO4 LENCE.

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

6 by adding at the end the following:

7 ‘‘(o) Whoever knowingly transfers any explosive mate8 rials, knowing or having reasonable cause to believe that

9 such explosive materials will be used to commit a crime

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

11 drug trafficking crime (as defined in section 924(c)(2) of

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

13 imposed under subsection (h) for a first conviction for the

14 use or carrying of the explosive materials.’’.

15 SEC. 206. DIRECTIONS TO SENTENCING COMMISSION.

16 The United States Sentencing Commission shall forth17 with, in accordance with the procedures set forth in section

18 21(a) of the Sentencing Act of 1987, as though the authority

19 under that section had not expired, amend the sentencing

20 guidelines so that the chapter 3 adjustment relating to

21 international terrorism also applies to domestic terrorism.
30

•HR 1710 RH

1 TITLE III—INVESTIGATIVE

2 TOOLS

3 SEC. 301. INTERCEPTIONS OF COMMUNICATIONS.

4 (a) AUTHORIZATION OF INTERCEPTIONS IN CERTAIN

5 TERRORISM RELATED OFFENSES.—Section 2516(1) of title

6 18, United States Code, is amended—

7 (1) by striking ‘‘and’’ at the end of subpara8 graph (n);

9 (2) by redesignating subparagraph (o) as sub10 paragraph (q); and

11 (3) by inserting after paragraph (n) the follow12 ing:

13 ‘‘(o) any violation of section 956 or section 960

14 (relating to certain actions against foreign nations),

15 section 1114 (relating to protection of officers and em16 ployees of the United States), section 1116 (relating

17 to murder of foreign officials, official guests, or inter18 nationally protected persons), section 2332 (relating

19 to terrorist acts abroad), section 2332a (relating to

20 weapons of mass destruction), section 2332b (relating

21 to acts of terrorism transcending national bound22 aries), section 2339A (relating to providing material

23 support to terrorists), section 37 (relating to violence

24 at international airports) of title 18, United States

25 Code; or
31

•HR 1710 RH

1 ‘‘(p) any felony violation of section 842 (relating

2 to explosives) of this title; and’’.

3 (b) REPORTS CONCERNING INTERCEPTED COMMUNICA4 TIONS.—Subsection (6) of section 2518 of title 18, United

5 States Code is amended to read as follows:

6 ‘‘(6) Whenever an order authorizing interception is en7 tered under this chapter, the order shall require the attorney

8 for the Government to file a report with the judge who is9 sued the order showing what progress has been made toward

10 achievement of the authorized objective and the need for con11 tinued interception. Such report shall be made 15 days after

12 the interception has begun. No other reports shall be made

13 to the judge under this subsection.’’.

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

15 IN FOREIGN COUNTERINTELLIGENCE INVES16 TIGATIONS.

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

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

19 counterintelligence’’ after ‘‘criminal’’.

20 (b) ORDER.—

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

22 Code, is amended by inserting ‘‘or foreign counter23 intelligence’’ after ‘‘criminal’’.
32

•HR 1710 RH

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

2 Code, is amended in subparagraph (B), by striking

3 ‘‘criminal’’.

4 SEC. 303. DISCLOSURE OF CERTAIN CONSUMER REPORTS

5 TO THE FEDERAL BUREAU OF INVESTIGA6 TION FOR FOREIGN COUNTERINTELLIGENCE

7 INVESTIGATIONS.

8 (a) IN GENERAL.—The Fair Credit Reporting Act (15

9 U.S.C. 1681 et seq.) is amended by adding after section 623

10 the following:

11 ‘‘SEC. 624. DISCLOSURES TO THE FEDERAL BUREAU OF IN12 VESTIGATION FOR FOREIGN COUNTERINTEL13 LIGENCE PURPOSES.

14 ‘‘(a) IDENTITY OF FINANCIAL INSTITUTIONS.—(1) Not15 withstanding section 604 or any other provision of this

16 title, a court or magistrate judge may issue an order ex

17 parte, upon application by the Director of the Federal Bu18 reau of Investigation (or the Director’s designee, whose rank

19 shall be no lower than Assistant Special Agent in Charge),

20 directing a consumer reporting agency to furnish to the

21 Federal Bureau of Investigation the names and addresses

22 of all financial institutions (as that term is defined in sec23 tion 1101 of the Right to Financial Privacy Act of 1978)

24 at which a consumer maintains or has maintained an ac25 count, to the extent that information is in the files of the
33

•HR 1710 RH

1 agency. The court or magistrate judge shall issue the order

2 if the court or magistrate judge finds, that—

3 ‘‘(A) such information is necessary for the con4 duct of an authorized foreign counterintelligence in5 vestigation; and

6 ‘‘(B) there are specific and articulable facts giv7 ing reason to believe that the consumer—

8 ‘‘(i) is a foreign power (as defined in sec9 tion 101 of the Foreign Intelligence Surveillance

10 Act of 1978) or a person who is not a United

11 States person (as defined in such section 101)

12 and is an official of a foreign power; or

13 ‘‘(ii) is an agent of a foreign power and is

14 engaging or has engaged in international terror15 ism (as that term is defined in section 101(c) of

16 the Foreign Intelligence Surveillance Act of

17 1978) or clandestine intelligence activities that

18 involve or may involve a violation of criminal

19 statutes of the United States.

20 ‘‘(2) An order issued under this subsection shall not

21 disclose that it is issued for purposes of a counterintelligence

22 investigation.

23 ‘‘(b) IDENTIFYING INFORMATION.—(1) Notwithstand24 ing section 604 or any other provision of this title, a court

25 or magistrate judge shall issue an order ex parte, upon ap-
34

•HR 1710 RH

1 plication by the Director of the Federal Bureau of Inves2 tigation (or the Director’s designee, whose rank shall be no

3 lower than Assistant Special Agent in Charge), directing

4 a consumer reporting agency to furnish identifying infor5 mation respecting a consumer, limited to name, address,

6 former addresses, places of employment, or former places

7 of employment, to the Federal Bureau of Investigation. The

8 court or magistrate judge shall issue the order if the court

9 or magistrate judge finds, that—

10 ‘‘(A) such information is necessary to the con11 duct of an authorized foreign counterintelligence in12 vestigation; and

13 ‘‘(B) there is information giving reason to believe

14 that the consumer has been, or is about to be, in con15 tact with a foreign power or an agent of a foreign

16 power (as defined in section 101 of the Foreign Intel17 ligence Surveillance Act of 1978).

18 ‘‘(2) An order issued under this subsection shall not

19 disclose that it is issued for purposes of a counterintelligence

20 investigation.

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

22 REPORTS.—(1) Notwithstanding section 604 or any other

23 provision of this title, if requested in writing by the Direc24 tor of the Federal Bureau of Investigation (or the Director’s

25 designee, whose rank shall be no lower than Assistant Spe-
35

•HR 1710 RH

1 cial Agent in Charge), a court may issue an order ex parte

2 directing a consumer reporting agency to furnish a

3 consumer report to the Federal Bureau of Investigation,

4 after the court or magistrate finds, in a proceeding in cam5 era, that—

6 ‘‘(A) the consumer report is necessary for the

7 conduct of an authorized foreign counterintelligence

8 investigation; and

9 ‘‘(B) there are specific and articulable facts giv10 ing reason to believe that the consumer whose

11 consumer report is sought—

12 ‘‘(i) is an agent of a foreign power; and

13 ‘‘(ii) is engaging or has engaged in inter14 national terrorism (as that term is defined in

15 section 101(c) of the Foreign Intelligence Surveil16 lance Act of 1978) or clandestine intelligence ac17 tivities that involve or may involve a violation

18 of criminal statutes of the United States.

19 ‘‘(2) An order issued under this subsection shall not

20 disclose that it is issued for purposes of a counterintelligence

21 investigation.

22 ‘‘(d) CONFIDENTIALITY.—(1) No consumer reporting

23 agency or officer, employee, or agent of a consumer report24 ing agency shall disclose to any person, other than officers,

25 employees, or agents of a consumer reporting agency nec-
36

•HR 1710 RH

1 essary to fulfill the requirement to disclose information to

2 the Federal Bureau of Investigation under this section, that

3 the Federal Bureau of Investigation has sought or obtained

4 the identity of financial institutions or a consumer report

5 respecting any consumer under subsection (a), (b), or (c).

6 ‘‘(2) No consumer reporting agency or officer, em7 ployee, or agent of a consumer reporting agency shall in8 clude in any consumer report any information that would

9 indicate that the Federal Bureau of Investigation has

10 sought or obtained such information or a consumer report.

11 ‘‘(e) PAYMENT OF FEES.—The Federal Bureau of In12 vestigation is authorized, subject to the availability of ap13 propriations, pay to the consumer reporting agency assem14 bling or providing reports or information in accordance

15 with procedures established under this section, a fee for re16 imbursement for such costs as are reasonably necessary and

17 which have been directly incurred in searching, reproduc18 ing, or transporting books, papers, records, or other data

19 required or requested to be produced under this section.

20 ‘‘(f) LIMIT ON DISSEMINATION.—The Federal Bureau

21 of Investigation may not disseminate information obtained

22 pursuant to this section outside of the Federal Bureau of

23 Investigation, except—

24 ‘‘(1) to the Department of Justice or any other

25 law enforcement agency, as may be necessary for the
37

•HR 1710 RH

1 approval or conduct of a foreign counterintelligence

2 investigation; or

3 ‘‘(2) where the information concerns a person

4 subject to the Uniform Code of Military Justice, to

5 appropriate investigative authorities within the mili6 tary department concerned as may be necessary for

7 the conduct of a joint foreign counterintelligence in8 vestigation.

9 ‘‘(g) RULES OF CONSTRUCTION.—Nothing in this sec10 tion shall be construed to prohibit information from being

11 furnished by the Federal Bureau of Investigation pursuant

12 to a subpoena or court order, or in connection with a judi13 cial or administrative proceeding to enforce the provisions

14 of this Act. Nothing in this section shall be construed to

15 authorize or permit the withholding of information from

16 the Congress.

17 ‘‘(h) REPORTS TO CONGRESS.—On an annual basis,

18 the Attorney General shall fully inform the Permanent Se19 lect Committee on Intelligence and the Committee on Bank20 ing and Financial Services of the House of Representatives,

21 and the Select Committee on Intelligence and the Committee

22 on Banking, Housing, and Urban Affairs of the Senate con23 cerning all requests made pursuant to subsections (a), (b),

24 and (c).
38

•HR 1710 RH

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

2 United States obtaining or disclosing any consumer reports,

3 records, or information contained therein in violation of

4 this section is liable to any person harmed by the violation

5 in an amount equal to the sum of—

6 ‘‘(1) $100, without regard to the volume of

7 consumer reports, records, or information involved;

8 ‘‘(2) any actual damages sustained by the person

9 harmed as a result of the disclosure;

10 ‘‘(3) if the violation is found to have been willful

11 or intentional, such punitive damages as a court may

12 allow; and

13 ‘‘(4) in the case of any successful action to en14 force liability under this subsection, the costs of the

15 action, together with reasonable attorney fees, as de16 termined by the court.

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

18 court determines that any agency or department of the

19 United States has violated any provision of this section and

20 the court finds that the circumstances surrounding the vio21 lation raise questions of whether or not an officer or em22 ployee of the agency or department acted willfully or inten23 tionally with respect to the violation, the agency or depart24 ment shall promptly initiate a proceeding to determine
39

•HR 1710 RH

1 whether or not disciplinary action is warranted against the

2 officer or employee who was responsible for the violation.

3 ‘‘(k) GOOD-FAITH EXCEPTION.—Notwithstanding any

4 other provision of this title, any consumer reporting agency

5 or agent or employee thereof making disclosure of consumer

6 reports or identifying information pursuant to this sub7 section in good-faith reliance upon a certification of the

8 Federal Bureau of Investigation pursuant to provisions of

9 this section shall not be liable to any person for such disclo10 sure under this title, the constitution of any State, or any

11 law or regulation of any State or any political subdivision

12 of any State notwithstanding.

13 ‘‘(l) INJUNCTIVE RELIEF.—In addition to any other

14 remedy contained in this section, injunctive relief shall be

15 available to require compliance with the procedures of this

16 section. In the event of any successful action under this sub17 section, costs together with reasonable attorney fees, as de18 termined by the court, may be recovered.’’.

19 (b) CLERICAL AMENDMENT.—The table of sections at

20 the beginning of the Fair Credit Reporting Act (15 U.S.C.

21 1681a et seq.) is amended by adding after the item relating

22 to section 623 the following new item:

‘‘624. Disclosures to the Federal Bureau of Investigation for foreign counterintelligence purposes.’’.
40

•HR 1710 RH

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:

9 ‘‘CHAPTER 122—ACCESS TO CERTAIN

10 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 counter15 terrorism cases

16 ‘‘(a)(1) A court or magistrate judge may issue an order

17 ex parte, upon application by the Director of the Federal

18 Bureau of Investigation (or the Director’s designee, whose

19 rank shall be no lower than Assistant Special Agent in

20 Charge), directing any common carrier, public accommoda21 tion facility, physical storage facility, or vehicle rental fa22 cility to furnish any records in its possession to the Federal
41

•HR 1710 RH

1 Bureau of Investigation. The court or magistrate judge shall

2 issue the order if the court or magistrate judge finds that—

3 ‘‘(A) such records are necessary for

4 counterterrorism or foreign counterintelligence pur5 poses; and

6 ‘‘(B) there are specific and articulable facts giv7 ing reason to believe that the person to whom the

8 records pertain is—

9 ‘‘(i) a foreign power; or

10 ‘‘(ii) an agent of a foreign power and is en11 gaging or has engaged in international terrorism

12 (as that term is defined in section 101(c) of the

13 Foreign Intelligence Surveillance Act of 1978) or

14 clandestine intelligence activities that involve or

15 may involve a violation of criminal statutes of

16 the United States.

17 ‘‘(2) An order issued under this subsection shall not

18 disclose that it is issued for purposes of a counterintelligence

19 investigation.

20 ‘‘(b) No common carrier, public accommodation facil21 ity, physical storage facility, or vehicle rental facility, or

22 any officer, employee, or agent of such common carrier,

23 public accommodation facility, physical storage facility, or

24 vehicle rental facility, shall disclose to any person, other

25 than those officers, agents, or employees of the common car-
42

•HR 1710 RH

1 rier, public accommodation facility, physical storage facil2 ity, or vehicle rental facility necessary to fulfill the require3 ment to disclose the information to the Federal Bureau of

4 Investigation under this section.

5 ‘‘(c)(1) The Federal Bureau of Investigation may not

6 disseminate information obtained pursuant to this section

7 outside the Federal Bureau of Investigation, except—

8 ‘‘(A) to the Department of Justice or any other

9 law enforcement agency, as may be necessary for the

10 approval or conduct of a foreign counterintelligence

11 investigation; or

12 ‘‘(B) where the information concerns a person

13 subject to the Uniform Code of Military Justice, to

14 appropriate investigative authorities within the mili15 tary department concerned as may be necessary for

16 the conduct of a joint foreign counterintelligence in17 vestigation.

18 ‘‘(2) Any agency or department of the United States

19 obtaining or disclosing any information in violation of this

20 paragraph shall be liable to any person harmed by the vio21 lation in an amount equal to the sum of—

22 ‘‘(A) $100 without regard to the volume of infor23 mation involved;

24 ‘‘(B) any actual damages sustained by the per25 son harmed as a result of the violation;
43

•HR 1710 RH

1 ‘‘(C) if the violation is willful or intentional,

2 such punitive damages as a court may allow; and

3 ‘‘(D) in the case of any successful action to en4 force liability under this paragraph, the costs of the

5 action, together with reasonable attorney fees, as de6 termined by the court.

7 ‘‘(d) If a court determines that any agency or depart8 ment of the United States has violated any provision of this

9 section and the court finds that the circumstances surround10 ing the violation raise questions of whether or not an officer

11 or employee of the agency or department acted willfully or

12 intentionally with respect to the violation, the agency or

13 department shall promptly initiate a proceeding to deter14 mine whether or not disciplinary action is warranted

15 against the officer or employee who was responsible for the

16 violation.

17 ‘‘(e) As used in this section—

18 ‘‘(1) the term ‘common carrier’ means a loco19 motive, rail carrier, bus carrying passengers, water

20 common carrier, air common carrier, or private com21 mercial interstate carrier for the delivery of packages

22 and other objects;

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

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

25 that provides lodging to transient guests;
44

•HR 1710 RH

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

2 any business or entity that provides space for the

3 storage of goods or materials, or services related to the

4 storage of goods or materials, to the public or any seg5 ment thereof; and

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

7 person or entity that provides vehicles for rent, lease,

8 loan, or other similar use, to the public or any seg9 ment thereof.’’.

10 (b) CLERICAL AMENDMENT.—The table of chapters at

11 the beginning of part I of title 18, United States Code, is

12 amended by inserting after the item relating to chapter 121

13 the following new item:

‘‘122. Access to certain records .......................................................... 2720’’.

14 SEC. 305. STUDY OF TAGGING EXPLOSIVE MATERIALS, DE15 TECTION OF EXPLOSIVES AND EXPLOSIVE

16 MATERIALS, RENDERING EXPLOSIVE COMPO17 NENTS INERT, AND IMPOSING CONTROLS OF

18 PRECURSORS OF EXPLOSIVES.

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

20 with other Federal, State and local officials with expertise

21 in this area and such other individuals as the Attorney

22 General deems appropriate, shall conduct a study concern23 ing—

24 (1) the tagging of explosive materials for pur25 poses of detection and identification;
45

•HR 1710 RH

1 (2) technology for devices to improve the detec2 tion of explosives materials;

3 (3) whether common chemicals used to manufac4 ture explosive materials can be rendered inert and

5 whether it is feasible to require it; and

6 (4) whether controls can be imposed on certain

7 precursor chemicals used to manufacture explosive

8 materials and whether it is feasible to require it.

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

10 of the enactment of this Act, the Attorney General shall sub11 mit to the Congress a report that contains the results of

12 the study required by this section. The Attorney General

13 shall make the report available to the public.

14 SEC. 306. APPLICATION OF STATUTORY EXCLUSIONARY

15 RULE CONCERNING INTERCEPTED WIRE OR

16 ORAL COMMUNICATIONS.

17 Section 2515 of title 18, United States Code, is amend18 ed by adding at the end the following: ‘‘This section shall

19 not apply to the disclosure by the United States in a crimi20 nal trial or hearing or before a grand jury of the contents

21 of a wire or oral communication, or evidence derived there22 from, if any law enforcement officers who intercepted the

23 communication or gathered the evidence derived therefrom

24 acted with the reasonably objective belief that their actions

25 were in compliance with this chapter.’’.
46

•HR 1710 RH

1 SEC. 307. EXCLUSION OF CERTAIN TYPES OF INFORMATION

2 FROM WIRETAP-RELATED DEFINITIONS.

3 (a) DEFINITION OF ‘‘ELECTRONIC COMMUNICATION’’.—

4 Section 2510(12) of title 18, United States Code, is amend5 ed—

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

7 (B);

8 (2) by inserting ‘‘or’’ at the end of subparagraph

9 (C); and

10 (3) by adding a new subparagraph (D), as fol11 lows:

12 ‘‘(D) information stored in a communica13 tions system used for the electronic storage and

14 transfer of funds;’’

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

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

17 States Code, is amended—

18 (1) by inserting ‘‘or’’ at the end of subparagraph

19 (D);

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

21 (E); and

22 (3) by striking subparagraph (F).

23 SEC. 308. ADDITION OF CONSPIRACIES TO TEMPORARY

24 EMERGENCY WIRETAP AUTHORITY.

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

26 United States Code, is amended—
47

•HR 1710 RH

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

2 (ii);

3 (2) by inserting after subparagraph (ii) the fol4 lowing:

5 ‘‘(iii) conspiratorial activities involving do6 mestic terrorism or international terrorism (as

7 that term is defined in section 2331 of this title),

8 or’’; and

9 (3) by redesignating existing subparagraph (iii)

10 as subparagraph (iv).

11 (b) DEFINITION OF DOMESTIC TERRORISM.—Section

12 2510 of title 18, United States Code, is amended.—

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

14 (17);

15 (2) by striking the period at the end of para16 graph (18) and inserting ‘‘; and’’; and

17 (3) by inserting after paragraph (18) the follow18 ing:

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

20 defined in section 2331 of this title, that occurs

21 primarily inside the territorial jurisdiction of the

22 United States.’’.

23 SEC. 309. REQUIREMENTS FOR MULTIPOINT WIRETAPS.

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

25 amended to read as follows:
48

•HR 1710 RH

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

2 (3)(d) of this section relating to the specification of facilities

3 from which or the place where the communication is to be

4 intercepted to do not apply if, in the case of an application

5 with respect to the interception of oral, wire, or electronic

6 communications—

7 ‘‘(a) the application is by a Federal investigative

8 or law enforcement officer, and is approved by the At9 torney General, the Deputy Attorney General, the As10 sociate Attorney General, or an Assistant Attorney

11 General (or an official acting in any such capacity);

12 ‘‘(b) the application contains a full and complete

13 statement as to why such specification is not prac14 tical and identifies the person committing the offense

15 and whose communications are to be intercepted; and

16 ‘‘(c) the judge finds that such specification is not

17 practical.’’.

18 SEC. 310. ACCESS TO TELEPHONE BILLING RECORDS.

19 (a) SECTION 2709.—Section 2709(b) of title 18, Unit20 ed States Code, is amended—

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

22 long distance’’ before ‘‘toll billing records’’;

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

24 (1);
49

•HR 1710 RH

1 (3) by striking the period at the end of para2 graph (2) and inserting ‘‘; and’’; and

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

4 as follows:

5 ‘‘(3) request the name, address, length of service,

6 and local and long distance toll billing records of a

7 person or entity if the Director or the Director’s des8 ignee (in a position not lower than Deputy Assistant

9 Director) certifies in writing to the wire or electronic

10 communication service provider to which the request

11 is made that the information sought is relevant to an

12 authorized domestic terrorism investigation.’’.

13 (b) SECTION 2703.—Section 2703(c)(1)(C) of title 18,

14 United States Code, is amended by inserting ‘‘local and

15 long distance’’ before ‘‘telephone toll billing records’’.

16 (c) CIVIL REMEDY.—Section 2707 of title 18, United

17 States Code, is amended—

18 (1) in subsection (a), by striking ‘‘customer’’ and

19 inserting ‘‘any other person’’;

20 (2) in subsection (c), inserting before the period

21 at the end the following: ‘‘, and if the violation is

22 willful or intentional, such punitive damages as the

23 court may allow, and, in the case of any successful

24 action to enforce liability under this section, the costs
50

•HR 1710 RH

1 of the action, together with reasonable attorney fees,

2 as determined by the court’’; and

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

4 ‘‘(f) DISCIPLINARY ACTIONS FOR VIOLATIONS.—If a

5 court determines that any agency or department of the

6 United States has violated this chapter and the court finds

7 that the circumstances surrounding the violation raise ques8 tions of whether or not an officer or employee of the agency

9 or department acted willfully or intentionally with respect

10 to the violation, the agency or department shall promptly

11 initiate a proceeding to determine whether or not discipli12 nary action is warranted against the officer or employee

13 who was responsible for the violation.’’.

14 SEC. 311. REQUIREMENT TO PRESERVE RECORD EVIDENCE.

15 Section 2703 of title 18, United States Code, is amend16 ed by adding at the end the following:

17 ‘‘(f) REQUIREMENT TO PRESERVE EVIDENCE.—A pro18 vider of wire or electronic communication services or a re19 mote computing service, upon the request of a governmental

20 entity, shall take all necessary steps to preserve records, and

21 other evidence in its possession pending the issuance of a

22 court order or other process. Such records shall be retained

23 for a period of 90 days, which period shall be extended for

24 an additional 90-day period upon a renewed request by the

25 governmental entity.’’.
51

•HR 1710 RH

1 SEC. 312. AUTHORITY TO REQUEST MILITARY ASSISTANCE

2 WITH RESPECT TO OFFENSES INVOLVING BI3 OLOGICAL AND CHEMICAL WEAPONS.

4 (a) IN GENERAL.—The Attorney General may request

5 that the Secretary of Defense provide technical and

6 logistical assistance by civilian and military personnel of

7 the Department of Defense in support of Department of Jus8 tice activities relating to the enforcement of criminal law

9 in an emergency situation involving biological weapons or

10 chemical weapons of mass destruction. Department of De11 fense resources, including personnel of the Department of

12 Defense, may be used to provide such assistance if—

13 (1) the Secretary of Defense and the Attorney

14 General determine that an emergency situation in15 volving such weapons exists; and

16 (2) the Secretary of Defense determines that the

17 provision of such assistance will not adversely affect

18 the military preparedness of the United States.

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

20 ‘‘emergency situation involving biological weapons or chem21 ical weapons of mass destruction’’ means a circumstance

22 involving a biological or chemical weapon of mass destruc23 tion—

24 (1) that poses a serious threat to the interests of

25 the United States; and

26 (2) in which—
52

•HR 1710 RH

1 (A) civilian expertise is not readily avail2 able to provide the required assistance to counter

3 the threat involved;

4 (B) Department of Defense special capabili5 ties and expertise are needed to counter the

6 threat; and

7 (C) enforcement of the law would be seri8 ously impaired if the Department of Defense as9 sistance were not provided.

10 (c) NATURE OF ASSISTANCE.—The assistance referred

11 to in subsection (a) includes the operation of equipment (in12 cluding equipment made available under section 372 of title

13 10, United States Code) to monitor, contain, disable, or dis14 pose of a biological or chemical weapon or elements of the

15 weapon.

16 (d) REGULATIONS.—The Attorney General and the

17 Secretary of Defense shall jointly issue regulations concern18 ing the types of technical and logistical assistance that may

19 be provided under this section. Such regulations shall also

20 describe the actions that Department of Defense personnel

21 may take in circumstances incident to the provision of as22 sistance under this section. Such regulations shall not au23 thorize arrest or any assistance in conducting searches and

24 seizures that seek evidence related to violations of criminal

25 law, except for the immediate protection of human life.
53

•HR 1710 RH

1 (e) REIMBURSEMENT.—The Secretary of Defense shall

2 require reimbursement as a condition for providing assist3 ance under this subsection in accordance with section 377

4 of title 10, United States Code.

5 (f) DELEGATION.—

6 (1) Except to the extent otherwise provided by

7 the Attorney General, the Deputy Attorney General

8 may exercise the authority of the Attorney General

9 under this subsection. The Attorney General may del10 egate the Attorney General’s authority under this sub11 section only to the Associate Attorney General or an

12 Assistant Attorney General and only if the Associate

13 Attorney General or Assistant Attorney General to

14 whom delegated has been designated by the Attorney

15 General to act for, and to exercise the general powers

16 of, the Attorney General.

17 (2) Except to the extent otherwise provided by

18 the Secretary of Defense, the Deputy Secretary of De19 fense may exercise the authority of the Secretary of

20 Defense under this subsection. The Secretary of De21 fense may delegate the Secretary’s authority under

22 this subsection only to an Under Secretary of Defense

23 or an Assistant Secretary of Defense and only if the

24 Under Secretary or Assistant Secretary to whom dele-
54

•HR 1710 RH

1 gated has been designated by the Secretary to act for,

2 and to exercise the general powers of, the Secretary.

3 SEC. 313. DETENTION HEARING.

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

5 amended by inserting ‘‘(not including any intermediate

6 Saturday, Sunday, or legal holiday)’’ after ‘‘five days’’ and

7 after ‘‘three days’’.

8 SEC. 314. REWARD AUTHORITY OF THE ATTORNEY GEN9 ERAL.

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

11 amended by striking sections 3059 through 3059A and in12 serting the following:

13 ‘‘§ 3059. Reward authority of the Attorney General

14 ‘‘(a) The Attorney General may pay rewards and re15 ceive from any department or agency, funds for the pay16 ment of rewards under this section, to any individual who

17 provides any information unknown to the Government lead18 ing to the arrest or prosecution of any individual for Fed19 eral felony offenses.

20 ‘‘(b) If the reward exceeds $100,000, the Attorney Gen21 eral shall give notice of that fact to the Senate and the

22 House of Representatives not later than 30 days after au23 thorizing the payment of the reward.

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

25 as to whether to authorize an award under this section and
55

•HR 1710 RH

1 as to the amount of any reward authorized shall be final

2 and conclusive, and no court shall have jurisdiction to re3 view it.

4 ‘‘(d) If the Attorney General determines that the iden5 tity of the recipient of a reward or of the members of the

6 recipient’s immediate family must be protected, the Attor7 ney General may take such measures in connection with

8 the payment of the reward as the Attorney General deems

9 necessary to effect such protection.

10 ‘‘(e) No officer or employee of any governmental entity

11 may receive a reward under this section for conduct in per12 formance of his or her official duties.

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

14 individual) who furnishes information which would justify

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

16 of State under section 36 of the State Department Basic

17 Authorities Act of 1956 may, in the discretion of the Attor18 ney General, participate in the Attorney General’s witness

19 security program under chapter 224 of this title.’’.

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

21 the beginning of chapter 203 of title 18, United States Code,

22 is amended by striking the items relating to section 3059

23 and 3059A and inserting the following new item:

‘‘3059. Reward authority of the Attorney General.’’.
56

•HR 1710 RH

1 (c) CONFORMING AMENDMENT.—Section 1751 of title

2 18, United States Code, is amended by striking subsection

3 (g).

4 SEC. 315. DEFINITION OF TERRORISM.

5 Section 2331 of title 18, United States Code, is amend6 ed—

7 (1) so that paragraph (1) reads as follows:

8 ‘‘(1) the term ‘terrorism’ means terrorist activity

9 as defined in section 212(a)(3)(B)(ii) of the Immigra10 tion and Nationality Act;’’;

11 (2) by inserting after paragraph (1) the follow12 ing:

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

14 terrorism that occurs primarily outside the territorial

15 jurisdiction of the United States, or transcends na16 tional boundaries in terms of the means by which it

17 is accomplished, the persons it appears intended to

18 intimidate or coerce, or the locale in which its per19 petrators operate or seek asylum;’’; and

20 (3) by redesignating existing paragraphs (2)

21 through (4) as paragraphs (3) through (5), respec22 tively.

23 SEC. 316. PROTECTION OF FEDERAL GOVERNMENT BUILD24 INGS IN THE DISTRICT OF COLUMBIA.

25 The Attorney General is authorized—
57

•HR 1710 RH

1 (1) to prohibit vehicles from parking or standing

2 on any street or roadway adjacent to any building in

3 the District of Columbia which is in whole or in part

4 owned, possessed, used by, or leased to the Federal

5 Government and used by Federal law enforcement au6 thorities; and

7 (2) to prohibit any person or entity from con8 ducting business on any property immediately adja9 cent to any such building.

10 SEC. 317. STUDY OF THEFTS FROM ARMORIES; REPORT TO

11 THE CONGRESS.

12 (a) STUDY.—The Attorney General of the United

13 States shall conduct a study of the extent of thefts from mili14 tary arsenals (including National Guard armories) of fire15 arms, explosives, and other materials that are potentially

16 useful to terrorists.

17 (b) REPORT TO THE CONGRESS.—Within 6 months

18 after the date of the enactment of this Act, the Attorney

19 General shall submit to the Congress a report on the study

20 required by subsection (a).

21 TITLE IV—NUCLEAR MATERIALS

22 SEC. 401. EXPANSION OF NUCLEAR MATERIALS PROHIBI23 TIONS.

24 Section 831 of title 18, United States Code, is

25 amended—
58

•HR 1710 RH

1 (1) in subsection (a), by striking ‘‘nuclear mate2 rial’’ each place it appears and inserting ‘‘nuclear

3 material or nuclear byproduct material’’;

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

5 environment’’ after ‘‘property’’;

6 (3) so that subsection (a)(1)(B) reads as follows:

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

8 to cause the death of or serious bodily injury to

9 any person or substantial damage to property or

10 the environment; or (ii) such circumstances are

11 represented to the defendant to exist;’’;

12 (4) in subsection (a)(6), by inserting ‘‘or the en13 vironment’’ after ‘‘property’’;

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

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

16 United States or a United States corporation or other

17 legal entity;’’;

18 (6) in subsection (c)(3), by striking ‘‘at the time

19 of the offense the nuclear material is in use, storage,

20 or transport, for peaceful purposes, and’’;

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

22 (c)(3);

23 (8) in subsection (c)(4), by striking ‘‘nuclear ma24 terial for peaceful purposes’’ and inserting ‘‘nuclear

25 material or nuclear byproduct material’’;
59

•HR 1710 RH

1 (9) by striking the period at the end of sub2 section (c)(4) and inserting ‘‘; or’’;

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

4 following:

5 ‘‘(5) the governmental entity under subsection

6 (a)(5) is the United States or the threat under sub7 section (a)(6) is directed at the United States.’’;

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

9 isotopic concentration not in excess of 80 percent plu10 tonium 238’’;

11 (12) in subsection (f)(1)(C) by inserting ‘‘en12 riched uranium, defined as’’ before ‘‘uranium’’;

13 (13) in subsection (f), by redesignating para14 graphs (2), (3), and (4) as paragraphs (3), (4), and

15 (5), respectively;

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

17 following:

18 ‘‘(2) the term ‘nuclear byproduct material’

19 means any material containing any radioactive iso20 tope created through an irradiation process in the op21 eration of a nuclear reactor or accelerator;’’;

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

23 (f)(4), as redesignated;
60

•HR 1710 RH

1 (16) by striking the period at the end of sub2 section (f)(5), as redesignated, and inserting a semi3 colon; and

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

5 following:

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

7 the meaning prescribed in section 101(a)(22) of the

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

9 1101(a)(22)); and

10 ‘‘(7) the term ‘United States corporation or other

11 legal entity’ means any corporation or other entity

12 organized under the laws of the United States or any

13 State, district, commonwealth, territory or possession

14 of the United States.’’.

15 TITLE V—CONVENTION ON THE

16 MARKING OF PLASTIC EXPLO17 SIVES

18 SEC. 501. DEFINITIONS.

19 Section 841 of title 18, United States Code, is amended

20 by adding at the end the following:

21 ‘‘(o) ‘Convention on the Marking of Plastic Ex22 plosives’ means the Convention on the Marking of

23 Plastic Explosives for the Purpose of Detection, Done

24 at Montreal on 1 March 1991.
61

•HR 1710 RH

1 ‘‘(p) ‘Detection agent’ means any one of the sub2 stances specified in this subsection when introduced

3 into a plastic explosive or formulated in such explo4 sive as a part of the manufacturing process in such

5 a manner as to achieve homogeneous distribution in

6 the finished explosive, including—

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

8 C2H4(NO3)2, molecular weight 152, when the

9 minimum concentration in the finished explosive

10 is 0.2 percent by mass;

11 ‘‘(2) 2,3-Dimethyl-2,3-dinitrobutane

12 (DMNB), C6H12(NO2)2, molecular weight 176,

13 when the minimum concentration in the finished

14 explosive is 0.1 percent by mass;

15 ‘‘(3) Para-Mononitrotoluene (p-MNT),

16 C7H7NO2, molecular weight 137, when the mini17 mum concentration in the finished explosive is

18 0.5 percent by mass;

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

20 C7H7NO2, molecular weight 137, when the mini21 mum concentration in the finished explosive is

22 0.5 percent by mass; and

23 ‘‘(5) any other substance in the concentra24 tion specified by the Secretary, after consultation

25 with the Secretary of State and the Secretary of
62

•HR 1710 RH

1 Defense, which has been added to the table in

2 part 2 of the Technical Annex to the Convention

3 on the Marking of Plastic Explosives.

4 ‘‘(q) ‘Plastic explosive’ means an explosive mate5 rial in flexible or elastic sheet form formulated with

6 one or more high explosives which in their pure form

7 have a vapor pressure less than 10¥4 Pa at a tem8 perature of 25°C., is formulated with a binder mate9 rial, and is as a mixture malleable or flexible at nor10 mal room temperature.’’.

11 SEC. 502. REQUIREMENT OF DETECTION AGENTS FOR PLAS12 TIC EXPLOSIVES.

13 Section 842 of title 18, United States Code, is amended

14 by adding at the end the following:

15 ‘‘(l) It shall be unlawful for any person to manufacture

16 any plastic explosive which does not contain a detection

17 agent.

18 ‘‘(m)(1) It shall be unlawful for any person to import

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

20 States, any plastic explosive which does not contain a detec21 tion agent.

22 ‘‘(2) Until the 15-year period that begins with the date

23 of entry into force of the Convention on the Marking of Plas24 tic Explosives with respect to the United States has expired,

25 paragraph (1) shall not apply to the importation or bring-
63

•HR 1710 RH

1 ing into the United States, or the exportation from the

2 United States, of any plastic explosive which was imported,

3 brought into, or manufactured in the United States before

4 the effective date of this subsection by or on behalf of any

5 agency of the United States performing military or police

6 functions (including any military Reserve component) or

7 by or on behalf of the National Guard of any State.

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

9 transport, transfer, receive, or possess any plastic explosive

10 which does not contain a detection agent.

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

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

13 apply to the shipment, transportation, transfer, receipt, or

14 possession of any plastic explosive, which was imported,

15 brought into, or manufactured in the United States before

16 such effective date by any person.

17 ‘‘(B) Until the 15-year period that begins on the date

18 of entry into force of the Convention on the Marking of Plas19 tic Explosives with respect to the United States has expired,

20 paragraph (1) shall not apply to the shipment, transpor21 tation, transfer, receipt, or possession of any plastic explo22 sive, which was imported, brought into, or manufactured

23 in the United States before the effective date of this sub24 section by or on behalf of any agency of the United States

25 performing a military or police function (including any
64

•HR 1710 RH

1 military reserve component) or by or on behalf of the Na2 tional Guard of any State.

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

4 an agency of the United States (including any military re5 serve component) or the National Guard of any State, pos6 sessing any plastic explosive on the effective date of this sub7 section, to fail to report to the Secretary within 120 days

8 after the effective date of this subsection the quantity of such

9 explosives possessed, the manufacturer or importer, any

10 marks of identification on such explosives, and such other

11 information as the Secretary may by regulations pre12 scribe.’’.

13 SEC. 503. CRIMINAL SANCTIONS.

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

15 amended to read as follows:

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

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

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

19 or both.’’.

20 SEC. 504. EXCEPTIONS.

21 Section 845 of title 18, United States Code, is amend22 ed—

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

24 or (o) of section 842 and subsections’’ after ‘‘sub25 sections’’;
65

•HR 1710 RH

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

2 pertains to safety’’ before the semicolon; and

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

4 ‘‘(c) It is an affirmative defense against any proceed5 ing involving subsection (l), (m), (n), or (o) of section 842

6 of this title if the proponent proves by a preponderance of

7 the evidence that the plastic explosive—

8 ‘‘(1) consisted of a small amount of plastic explo9 sive intended for and utilized solely in lawful—

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

11 new or modified explosive materials;

12 ‘‘(B) training in explosives detection or de13 velopment or testing of explosives detection

14 equipment; or

15 ‘‘(C) forensic science purposes; or

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

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

18 is incorporated in a military device within the terri19 tory of the United States and remains an integral

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

21 is incorporated in, and remains an integral part of

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

23 become, the property of any agency of the United

24 States performing military or police functions (in25 cluding any military reserve component) or the Na-
66

•HR 1710 RH

1 tional Guard of any State, wherever such device is lo2 cated. For purposes of this subsection, the term ‘mili3 tary device’ includes shells, bombs, projectiles, mines,

4 missiles, rockets, shaped charges, grenades, per5 forators, and similar devices lawfully manufactured

6 exclusively for military or police purposes.’’.

7 SEC. 505. INVESTIGATIVE AUTHORITY.

8 Section 846 of title 18, United States Code, is amend9 ed—

10 (1) by inserting ‘‘subsection (m) or (n) of section

11 842 or’’ before ‘‘subsection (d)’’; and

12 (2) by adding at the end the following: ‘‘The At13 torney General shall exercise authority over violations

14 of subsection (m) or (n) of section 842 and subsection

15 (d), (e), (f), (g), (h), or (i) of section 844 of this title

16 only when they are committed by a member of a ter17 rorist or revolutionary group. In any matter involv18 ing a terrorist or revolutionary group or individual,

19 as determined by the Attorney General, the Attorney

20 General shall have primary investigative responsibil21 ity and the Secretary shall assist the Attorney Gen22 eral as requested.’’.

23 SEC. 506. EFFECTIVE DATE.

24 The amendments made by this title shall take effect

25 1 year after the date of the enactment of this Act.
67

•HR 1710 RH

1 TITLE VI—IMMIGRATION2 RELATED PROVISIONS

3 Subtitle A—Removal of Alien

4 Terrorists

5 PART 1—REMOVAL PROCEDURES FOR ALIEN

6 TERRORISTS

7 SEC. 601. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.

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

9 Act is amended—

10 (1) by adding at the end of the table of contents

11 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.

‘‘Sec. 504. Consideration of application.

‘‘Sec. 505. Special removal hearings.

‘‘Sec. 506. Consideration of classified information.

‘‘Sec. 507. Appeals.

‘‘Sec. 508. Detention and custody.’’;

12 and

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

14 ‘‘TITLE V—SPECIAL REMOVAL PROCEDURES FOR

15 ALIEN TERRORISTS

16 ‘‘DEFINITIONS

17 ‘‘SEC. 501. In this title:

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

19 described in section 241(a)(4)(B).
68

•HR 1710 RH

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

2 meaning given such term in section 1(a) of the Classi3 fied Information Procedures Act (18 U.S.C. App.).

4 ‘‘(3) The term ‘national security’ has the mean5 ing given such term in section 1(b) of the Classified

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

7 ‘‘(4) The term ‘special attorney’ means an attor8 ney who is on the panel established under section

9 502(e).

10 ‘‘(5) The term ‘special removal court’ means the

11 court established under section 502(a).

12 ‘‘(6) The term ‘special removal hearing’ means a

13 hearing under section 505.

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

15 means a proceeding under this title.

16 ‘‘ESTABLISHMENT OF SPECIAL REMOVAL COURT; PANEL OF

17 ATTORNEYS TO ASSIST WITH CLASSIFIED INFORMATION

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

19 United States shall publicly designate 5 district court

20 judges from 5 of the United States judicial circuits who

21 shall constitute a court which shall have jurisdiction to con22 duct all special removal proceedings.

23 ‘‘(b) TERMS.—Each judge designated under subsection

24 (a) shall serve for a term of 5 years and shall be eligible

25 for redesignation, except that the four associate judges first

26 so designated shall be designated for terms of one, two, three,
69

•HR 1710 RH

1 and four years so that the term of one judge shall expire

2 each year.

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

4 designate one of the judges of the special removal court to

5 be the chief judge of the court. The chief judge shall promul6 gate rules to facilitate the functioning of the court and shall

7 be responsible for assigning the consideration of cases to the

8 various judges.

9 ‘‘(d) EXPEDITIOUS AND CONFIDENTIAL NATURE OF

10 PROCEEDINGS.—The provisions of section 103(c) of the For11 eign Intelligence Surveillance Act of 1978 (50 U.S.C.

12 1803(c)) shall apply to proceedings under this title in the

13 same manner as they apply to proceedings under such Act.

14 ‘‘(e) ESTABLISHMENT OF PANEL OF SPECIAL ATTOR15 NEYS.—The special removal court shall provide for the des16 ignation of a panel of attorneys each of whom—

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

18 attorney access to classified information, and

19 ‘‘(2) has agreed to represent permanent resident

20 aliens with respect to classified information under

21 sections 506 and 507(c)(2)(B) in accordance with

22 (and subject to the penalties under) this title.

23 ‘‘APPLICATION FOR INITIATION OF SPECIAL REMOVAL

24 PROCEEDING

25 ‘‘SEC. 503. (a) IN GENERAL.—Whenever the Attorney

26 General has classified information that an alien is an alien
70

•HR 1710 RH

1 terrorist, the Attorney General, in the Attorney General’s

2 discretion, may seek removal of the alien under this title

3 through the filing with the special removal court of a writ4 ten application described in subsection (b) that seeks an

5 order authorizing a special removal proceeding under this

6 title. The application shall be submitted in camera and ex

7 parte and shall be filed under seal with the court.

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

9 for a special removal proceeding shall include all of the fol10 lowing:

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

12 attorney making the application.

13 ‘‘(2) The approval of the Attorney General or the

14 Deputy Attorney General for the filing of the applica15 tion based upon a finding by that individual that the

16 application satisfies the criteria and requirements of

17 this title.

18 ‘‘(3) The identity of the alien for whom author19 ization for the special removal proceeding is sought.

20 ‘‘(4) A statement of the facts and circumstances

21 relied on by the Department of Justice to establish

22 that—

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

24 physically present in the United States, and
71

•HR 1710 RH

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

2 the provisions of title II regarding the deporta3 tion of aliens would pose a risk to the national

4 security of the United States.

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

6 the facts and statements described in the previous

7 paragraphs.

8 ‘‘(c) RIGHT TO DISMISS.—The Department of Justice

9 retains the right to dismiss a removal action under this

10 title at any stage of the proceeding.

11 ‘‘CONSIDERATION OF APPLICATION

12 ‘‘SEC. 504. (a) IN GENERAL.—In the case of an appli13 cation under section 503 to the special removal court, a sin14 gle judge of the court shall be assigned to consider the appli15 cation. The judge, in accordance with the rules of the court,

16 shall consider the application and may consider other infor17 mation, including classified information, presented under

18 oath or affirmation. The judge shall consider the applica19 tion (and any hearing thereof) in camera and ex parte. A

20 verbatim record shall be maintained of any such hearing.

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

22 parte the order requested in the application if the judge

23 finds, on the basis of such application and such other infor24 mation (if any), that there is probable cause to believe

25 that—
72

•HR 1710 RH

1 ‘‘(1) the alien who is the subject of the applica2 tion has been correctly identified and is an alien ter3 rorist, and

4 ‘‘(2) adherence to the provisions of title II re5 garding the deportation of the identified alien would

6 pose a risk to the national security of the United

7 States.

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

9 requested in the application, the judge shall prepare a writ10 ten statement of the judge’s reasons for the denial.

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

12 issued under this section with respect to an alien—

13 ‘‘(1) the alien’s rights regarding removal and ex14 pulsion shall be governed solely by the provisions of

15 this title, and

16 ‘‘(2) except as they are specifically referenced, no

17 other provisions of this Act shall be applicable.

18 ‘‘SPECIAL REMOVAL HEARINGS

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

20 the application for the order is approved under section 504,

21 a special removal hearing shall be conducted under this sec22 tion for the purpose of determining whether the alien to

23 whom the order pertains should be removed from the United

24 States on the grounds that the alien is an alien terrorist.

25 Consistent with section 506, the alien shall be given reason26 able notice of the nature of the charges against the alien
73

•HR 1710 RH

1 and a general account of the basis for the charges. The alien

2 shall be given notice, reasonable under all the cir3 cumstances, of the time and place at which the hearing will

4 be held. The hearing shall be held as expeditiously as pos5 sible.

6 ‘‘(b) USE OF SAME JUDGE.—The special removal hear7 ing shall be held before the same judge who granted the order

8 pursuant to section 504 unless that judge is deemed un9 available due to illness or disability by the chief judge of

10 the special removal court, or has died, in which case the

11 chief judge shall assign another judge to conduct the special

12 removal hearing. A decision by the chief judge pursuant to

13 the preceding sentence shall not be subject to review by ei14 ther the alien or the Department of Justice.

15 ‘‘(c) RIGHTS IN HEARING.—

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

17 hearing shall be open to the public.

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

19 a right to be present at such hearing and to be rep20 resented by counsel. Any alien financially unable to

21 obtain counsel shall be entitled to have counsel as22 signed to represent the alien. Such counsel shall be

23 appointed by the judge pursuant to the plan for fur24 nishing representation for any person financially un25 able to obtain adequate representation for the district
74

•HR 1710 RH

1 in which the hearing is conducted, as provided for in

2 section 3006A of title 18, United States Code. All pro3 visions of that section shall apply and, for purposes

4 of determining the maximum amount of compensa5 tion, the matter shall be treated as if a felony was

6 charged.

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

8 shall have a right to introduce evidence on the alien’s

9 own behalf.

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

11 provided in section 506, the alien shall have a reason12 able opportunity to examine the evidence against the

13 alien and to cross-examine any witness.

14 ‘‘(5) RECORD.—A verbatim record of the pro15 ceedings and of all testimony and evidence offered or

16 produced at such a hearing shall be kept.

17 ‘‘(6) DECISION BASED ON EVIDENCE AT HEAR18 ING.—The decision of the judge in the hearing shall

19 be based only on the evidence introduced at the hear20 ing, including evidence introduced under subsection

21 (e).

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

23 hearing, the judge is not authorized to consider or

24 provide for relief from removal based on any of the

25 following:
75

•HR 1710 RH

1 ‘‘(A) Asylum under section 208.

2 ‘‘(B) Withholding of deportation under sec3 tion 243(h).

4 ‘‘(C) Suspension of deportation under sec5 tion 244(a) or 244(e).

6 ‘‘(D) Adjustment of status under section

7 245.

8 ‘‘(E) Registry under section 249.

9 ‘‘(d) SUBPOENAS.—

10 ‘‘(1) REQUEST.—At any time prior to the con11 clusion of the special removal hearing, either the alien

12 or the Department of Justice may request the judge

13 to issue a subpoena for the presence of a named wit14 ness (which subpoena may also command the person

15 to whom it is directed to produce books, papers, docu16 ments, or other objects designated therein) upon a sat17 isfactory showing that the presence of the witness is

18 necessary for the determination of any material mat19 ter. Such a request may be made ex parte except that

20 the judge shall inform the Department of Justice of

21 any request for a subpoena by the alien for a witness

22 or material if compliance with such a subpoena

23 would reveal evidence or the source of evidence which

24 has been introduced, or which the Department of Jus25 tice has received permission to introduce, in camera
76

•HR 1710 RH

1 and ex parte pursuant to subsection (e) and section

2 506, and the Department of Justice shall be given a

3 reasonable opportunity to oppose the issuance of such

4 a subpoena.

5 ‘‘(2) PAYMENT FOR ATTENDANCE.—If an appli6 cation for a subpoena by the alien also makes a show7 ing that the alien is financially unable to pay for the

8 attendance of a witness so requested, the court may

9 order the costs incurred by the process and the fees of

10 the witness so subpoenaed to be paid from funds ap11 propriated for the enforcement of title II.

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

13 this subsection may be served anywhere in the United

14 States.

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

16 under this subsection shall receive the same fees and

17 expenses as a witness subpoenaed in connection with

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

19 ‘‘(5) NO ACCESS TO CLASSIFIED INFORMATION.—

20 Nothing in this subsection is intended to allow an

21 alien to have access to classified information.

22 ‘‘(e) INTRODUCTION OF CLASSIFIED INFORMATION.—

23 ‘‘(1) IN GENERAL.—Classified information that

24 has been summarized pursuant to section 506(b) and

25 classified information for which findings described in
77

•HR 1710 RH

1 section 506(b)(4)(B) have been made and for which

2 no summary is provided shall be introduced (either

3 in writing or through testimony) in camera and ex

4 parte and neither the alien nor the public shall be

5 informed of such evidence or its sources other than

6 through reference to the summary (if any) provided

7 pursuant to such section. Notwithstanding the pre8 vious sentence, the Department of Justice may, in its

9 discretion and after coordination with the originating

10 agency, elect to introduce such evidence in open ses11 sion.

12 ‘‘(2) TREATMENT OF ELECTRONIC SURVEILLANCE

13 INFORMATION.—

14 ‘‘(A) USE OF ELECTRONIC SURVEIL15 LANCE.—The Government is authorized to use in

16 a special removal proceeding the fruits of elec17 tronic surveillance and unconsented physical

18 searches authorized under the Foreign Intel19 ligence Surveillance Act of 1978 (50 U.S.C. 1801

20 et seq.) without regard to subsections (c), (e), (f),

21 (g), and (h) of section 106 of that Act.

22 ‘‘(B) NO DISCOVERY OF ELECTRONIC SUR23 VEILLANCE INFORMATION.—An alien subject to

24 removal under this title shall have no right of

25 discovery of information derived from electronic
78

•HR 1710 RH

1 surveillance authorized under the Foreign Intel2 ligence Surveillance Act of 1978 or otherwise for

3 national security purposes. Nor shall such alien

4 have the right to seek suppression of evidence.

5 ‘‘(C) CERTAIN PROCEDURES NOT APPLICA6 BLE.—The provisions and requirements of sec7 tion 3504 of title 18, United States Code, shall

8 not apply to procedures under this title.

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

10 this section shall prevent the United States from seek11 ing protective orders and from asserting privileges or12 dinarily available to the United States to protect

13 against the disclosure of classified information, in14 cluding the invocation of the military and state se15 crets privileges.

16 ‘‘(f) INCLUSION OF CERTAIN EVIDENCE.—The Federal

17 Rules of Evidence shall not apply to hearings under this

18 section. Evidence introduced at the special removal hearing,

19 either in open session or in camera and ex parte, may, in

20 the discretion of the Department of Justice, include all or

21 part of the information presented under section 504 used

22 to obtain the order for the hearing under this section.

23 ‘‘(g) ARGUMENTS.—Following the receipt of evidence,

24 the attorneys for the Department of Justice and for the alien

25 shall be given fair opportunity to present argument as to
79

•HR 1710 RH

1 whether the evidence is sufficient to justify the removal of

2 the alien. The attorney for the Department of Justice shall

3 open the argument. The attorney for the alien shall be per4 mitted to reply. The attorney for the Department of Justice

5 shall then be permitted to reply in rebuttal. The judge may

6 allow any part of the argument that refers to evidence re7 ceived in camera and ex parte to be heard in camera and

8 ex parte.

9 ‘‘(h) BURDEN OF PROOF.—In the hearing the Depart10 ment of Justice has the burden of showing by clear and con11 vincing evidence that the alien is subject to removal because

12 the alien is an alien terrorist. If the judge finds that the

13 Department of Justice has met this burden, the judge shall

14 order the alien removed and detained pending removal from

15 the United States. If the alien was released pending the spe16 cial removal hearing, the judge shall order the Attorney

17 General to take the alien into custody.

18 ‘‘(i) WRITTEN ORDER.—At the time of rendering a de19 cision as to whether the alien shall be removed, the judge

20 shall prepare a written order containing a statement of

21 facts found and conclusions of law. Any portion of the order

22 that would reveal the substance or source of information

23 received in camera and ex parte pursuant to subsection (e)

24 shall not be made available to the alien or the public.
80

•HR 1710 RH

1 ‘‘CONSIDERATION OF CLASSIFIED INFORMATION

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

3 PARTE.—In any case in which the application for the order

4 authorizing the special procedures of this title is approved,

5 the judge who granted the order shall consider each item

6 of classified information the Department of Justice proposes

7 to introduce in camera and ex parte at the special removal

8 hearing and shall order the introduction of such informa9 tion pursuant to section 505(e) if the judge determines the

10 information to be relevant.

11 ‘‘(b) PREPARATION AND PROVISION OF WRITTEN SUM12 MARY.—

13 ‘‘(1) PREPARATION.—The Department of Justice

14 shall prepare a written summary of such classified

15 information which does not pose a risk to national se16 curity.

17 ‘‘(2) CONDITIONS FOR APPROVAL BY JUDGE AND

18 PROVISION TO ALIEN.—The judge shall approve the

19 summary so long as the judge finds that the summary

20 is sufficient—

21 ‘‘(A) to inform the alien of the general na22 ture of the evidence that the alien is an alien ter23 rorist, and

24 ‘‘(B) to permit the alien to prepare a de25 fense against deportation.
81

•HR 1710 RH

1 The Department of Justice shall cause to be delivered

2 to the alien a copy of the summary.

3 ‘‘(3) OPPORTUNITY FOR CORRECTION AND

4 RESUBMITTAL.—If the judge does not approve the

5 summary, the judge shall provide the Department a

6 reasonable opportunity to correct the deficiencies

7 identified by the court and to submit a revised sum8 mary.

9 ‘‘(4) CONDITIONS FOR TERMINATION OF PRO10 CEEDINGS IF SUMMARY NOT APPROVED.—

11 ‘‘(A) IN GENERAL.—If, subsequent to the op12 portunity described in paragraph (3), the judge

13 does not approve the summary, the judge shall

14 terminate the special removal hearing unless the

15 judge makes the findings described in subpara16 graph (B).

17 ‘‘(B) FINDINGS.—The findings described in

18 this subparagraph are, with respect to an alien,

19 that—

20 ‘‘(i) the continued presence of the alien

21 in the United States, and

22 ‘‘(ii) the provision of the required sum23 mary,
82

•HR 1710 RH

1 would likely cause serious and irreparable harm

2 to the national security or death or serious bod3 ily injury to any person.

4 ‘‘(5) CONTINUATION OF HEARING WITHOUT SUM5 MARY.—If a judge makes the findings described in

6 paragraph (4)(B)—

7 ‘‘(A) if the alien involved is an alien law8 fully admitted for permanent residence, the pro9 cedures described in subsection (c) shall apply;

10 and

11 ‘‘(B) in all cases the special removal hear12 ing shall continue, the Department of Justice

13 shall cause to be delivered to the alien a state14 ment that no summary is possible, and the clas15 sified information submitted in camera and ex

16 parte may be used pursuant to section 505(e).

17 ‘‘(c) SPECIAL PROCEDURES FOR ACCESS AND CHAL18 LENGES TO CLASSIFIED INFORMATION BY SPECIAL ATTOR19 NEYS IN CASE OF LAWFUL PERMANENT ALIENS.—

20 ‘‘(1) IN GENERAL.—The procedures described in

21 this subsection are that the judge (under rules of the

22 special removal court) shall designate a special attor23 ney (as defined in section 501(4)) to assist the

24 alien—
83

•HR 1710 RH

1 ‘‘(A) by reviewing in camera the classified

2 information on behalf of the alien, and

3 ‘‘(B) by challenging through an in camera

4 proceeding the veracity of the evidence contained

5 in the classified information.

6 ‘‘(2) RESTRICTIONS ON DISCLOSURE.—A special

7 attorney receiving classified information under para8 graph (1)—

9 ‘‘(A) shall not disclosure the information to

10 the alien or to any other attorney representing

11 the alien, and

12 ‘‘(B) who discloses such information in vio13 lation of subparagraph (A) shall be subject to a

14 fine under title 18, United States Code, impris15 oned for not less than 10 years nor more than

16 25 years, or both.

17 ‘‘APPEALS

18 ‘‘SEC. 507. (a) APPEALS OF DENIALS OF APPLICA19 TIONS FOR ORDERS.—The Department of Justice may seek

20 a review of the denial of an order sought in an application

21 by the United States Court of Appeals for the District of

22 Columbia Circuit by notice of appeal which must be filed

23 within 20 days after the date of such denial. In such a case

24 the entire record of the proceeding shall be transmitted to

25 the Court of Appeals under seal and the Court of Appeals

26 shall hear the matter ex parte. In such a case the Court
84

•HR 1710 RH

1 of Appeals shall review questions of law de novo, but a prior

2 finding on any question of fact shall not be set aside unless

3 such finding was clearly erroneous.

4 ‘‘(b) APPEALS OF DETERMINATIONS ABOUT SUM5 MARIES OF CLASSIFIED INFORMATION.—Either party may

6 take an interlocutory appeal to the United States Court of

7 Appeals for the District of Columbia Circuit of—

8 ‘‘(1) any determination by the judge pursuant to

9 section 506(a)—

10 ‘‘(A) concerning whether an item of evidence

11 may be introduced in camera and ex parte, or

12 ‘‘(B) concerning the contents of any sum13 mary of evidence to be introduced in camera and

14 ex parte prepared pursuant to section 506(b); or

15 ‘‘(2) the refusal of the court to make the findings

16 permitted by section 506(b)(4)(B).

17 In any interlocutory appeal taken pursuant to this sub18 section, the entire record, including any proposed order of

19 the judge or summary of evidence, shall be transmitted to

20 the Court of Appeals under seal and the matter shall be

21 heard ex parte.

22 ‘‘(c) APPEALS OF DECISION IN HEARING.—

23 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the

24 decision of the judge after a special removal hearing

25 may be appealed by either the alien or the Depart-
85

•HR 1710 RH

1 ment of Justice to the United States Court of Appeals

2 for the District of Columbia Circuit by notice of ap3 peal.

4 ‘‘(2) AUTOMATIC APPEALS IN CASES OF PERMA5 NENT RESIDENT ALIENS IN WHICH NO SUMMARY PRO6 VIDED.—

7 ‘‘(A) IN GENERAL.—Unless the alien waives

8 the right to a review under this paragraph, in

9 any case involving an alien lawfully admitted

10 for permanent residence who is denied a written

11 summary of classified information under section

12 506(b)(4) and with respect to which the proce13 dures described in section 506(c) apply, any

14 order issued by the judge shall be reviewed by the

15 Court of Appeals for the District of Columbia

16 Circuit.

17 ‘‘(B) USE OF SPECIAL ATTORNEY.—With re18 spect to any issue relating to classified informa19 tion that arises in such review, the alien shall be

20 represented only by the special attorney des21 ignated under section 506(c)(1) on behalf of the

22 alien.

23 ‘‘(d) GENERAL PROVISIONS RELATING TO APPEALS.—

24 ‘‘(1) NOTICE.—A notice of appeal pursuant to

25 subsection (b) or (c) (other than under subsection
86

•HR 1710 RH

1 (c)(2)) must be filed within 20 days after the date of

2 the order with respect to which the appeal is sought,

3 during which time the order shall not be executed.

4 ‘‘(2) TRANSMITTAL OF RECORD.—In an appeal

5 or review to the Court of Appeals pursuant to sub6 section (b) or (c)—

7 ‘‘(A) the entire record shall be transmitted

8 to the Court of Appeals, and

9 ‘‘(B) information received pursuant to sec10 tion 505(e), and any portion of the judge’s order

11 that would reveal the substance or source of such

12 information, shall be transmitted under seal.

13 ‘‘(3) EXPEDITED APPELLATE PROCEEDING.—In

14 an appeal or review to the Court of Appeals pursuant

15 to subsection (b) or (c):

16 ‘‘(A) REVIEW.—The appeal or review shall

17 be heard as expeditiously as practicable and the

18 Court may dispense with full briefing and hear

19 the matter solely on the record of the judge of the

20 special removal court and on such briefs or mo21 tions as the Court may require to be filed by the

22 parties.

23 ‘‘(B) DISPOSITION.—The Court shall uphold

24 or reverse the judge’s order within 60 days after

25 the date of the issuance of the judge’s final order.
87

•HR 1710 RH

1 ‘‘(4) STANDARD FOR REVIEW.—In an appeal or

2 review 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 novo.

6 ‘‘(B) QUESTIONS OF FACT.—(i) Subject to

7 clause (ii), a prior finding on any question of

8 fact shall not be set aside unless such finding

9 was clearly erroneous.

10 ‘‘(ii) In the case of a review under sub11 section (c)(2) in which an alien lawfully admit12 ted for permanent residence was denied a writ13 ten summary of classified information under sec14 tion 506(b)(4), the Court of Appeals shall review

15 questions of fact de novo.

16 ‘‘(e) CERTIORARI.—Following a decision by the Court

17 of Appeals pursuant to subsection (b) or (c), either the alien

18 or the Department of Justice may petition the Supreme

19 Court for a writ of certiorari. In any such case, any infor20 mation transmitted to the Court of Appeals under seal shall,

21 if such information is also submitted to the Supreme Court,

22 be transmitted under seal. Any order of removal shall not

23 be stayed pending disposition of a writ of certiorari except

24 as provided by the Court of Appeals or a Justice of the Su25 preme Court.
88

•HR 1710 RH

1 ‘‘(f) APPEALS OF DETENTION ORDERS.—

2 ‘‘(1) IN GENERAL.—The provisions of sections

3 3145 through 3148 of title 18, United States Code,

4 pertaining to review and appeal of a release or deten5 tion order, penalties for failure to appear, penalties

6 for an offense committed while on release, and sanc7 tions for violation of a release condition shall apply

8 to an alien to whom section 508(b)(1) applies. In ap9 plying the previous sentence—

10 ‘‘(A) for purposes of section 3145 of such

11 title an appeal shall be taken to the United

12 States Court of Appeals for the District of Co13 lumbia Circuit, and

14 ‘‘(B) for purposes of section 3146 of such

15 title the alien shall be considered released in con16 nection with a charge of an offense punishable by

17 life imprisonment.

18 ‘‘(2) NO REVIEW OF CONTINUED DETENTION.—

19 The determinations and actions of the Attorney Gen20 eral pursuant to section 508(c)(2)(C) shall not be sub21 ject to judicial review, including application for a

22 writ of habeas corpus, except for a claim by the alien

23 that continued detention violates the alien’s rights

24 under the Constitution. Jurisdiction over any such
89

•HR 1710 RH

1 challenge shall lie exclusively in the United States

2 Court of Appeals for the District of Columbia Circuit.

3 ‘‘DETENTION AND CUSTODY

4 ‘‘SEC. 508. (a) INITIAL CUSTODY.—

5 ‘‘(1) UPON FILING APPLICATION.—Subject to

6 paragraphs (2) and (3), the Attorney General may

7 take into custody any alien with respect to whom an

8 application under section 503 has been filed and, not9 withstanding any other provision of law, may retain

10 such an alien in custody in accordance with the pro11 cedures authorized by this title.

12 ‘‘(2) SPECIAL RULES FOR PERMANENT RESIDENT

13 ALIENS.—An alien lawfully admitted for permanent

14 residence shall be entitled to a release hearing before

15 the judge assigned to hear the special removal hear16 ing. Such an alien shall be detained pending the spe17 cial removal hearing, unless the alien demonstrates to

18 the court that—

19 ‘‘(A) the alien, if released upon such terms

20 and conditions as the court may prescribe (in21 cluding the posting of any monetary amount), is

22 not likely to flee, and

23 ‘‘(B) the alien’s release will not endanger

24 national security or the safety of any person or

25 the community.
90

•HR 1710 RH

1 The judge may consider classified information sub2 mitted in camera and ex parte in making a deter3 mination under this paragraph.

4 ‘‘(3) RELEASE IF ORDER DENIED AND NO RE5 VIEW SOUGHT.—

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), if a judge of the special removal court

8 denies the order sought in an application with

9 respect to an alien and the Department of Jus10 tice does not seek review of such denial, the alien

11 shall be released from custody.

12 ‘‘(B) APPLICATION OF REGULAR PROCE13 DURES.—Subparagraph (A) shall not prevent the

14 arrest and detention of the alien pursuant to

15 title II.

16 ‘‘(b) CONDITIONAL RELEASE IF ORDER DENIED AND

17 REVIEW SOUGHT.—

18 ‘‘(1) IN GENERAL.—If a judge of the special re19 moval court denies the order sought in an application

20 with respect to an alien and the Department of Jus21 tice seeks review of such denial, the judge shall release

22 the alien from custody subject to the least restrictive

23 condition or combination of conditions of release de24 scribed in section 3142(b) and clauses (i) through

25 (xiv) of section 3142(c)(1)(B) of title 18, United
91

•HR 1710 RH

1 States Code, that will reasonably assure the appear2 ance of the alien at any future proceeding pursuant

3 to this title and will not endanger the safety of any

4 other person or the community.

5 ‘‘(2) NO RELEASE FOR CERTAIN ALIENS.—If the

6 judge finds no such condition or combination of con7 ditions, the alien shall remain in custody until the

8 completion of any appeal authorized by this title.

9 ‘‘(c) CUSTODY AND RELEASE AFTER HEARING.—

10 ‘‘(1) RELEASE.—

11 ‘‘(A) IN GENERAL.—Subject to subpara12 graph (B), if the judge decides pursuant to sec13 tion 505(i) that an alien should not be removed,

14 the alien shall be released from custody.

15 ‘‘(B) CUSTODY PENDING APPEAL.—If the

16 Attorney General takes an appeal from such de17 cision, the alien shall remain in custody, subject

18 to the provisions of section 3142 of title 18,

19 United States Code.

20 ‘‘(2) CUSTODY AND REMOVAL.—

21 ‘‘(A) CUSTODY.—If the judge decides pursu22 ant to section 505(i) that an alien shall be re23 moved, the alien shall be detained pending the

24 outcome of any appeal. After the conclusion of

25 any judicial review thereof which affirms the re-
92

•HR 1710 RH

1 moval order, the Attorney General shall retain

2 the alien in custody and remove the alien to a

3 country specified under subparagraph (B).

4 ‘‘(B) REMOVAL.—

5 ‘‘(i) IN GENERAL.—The removal of an

6 alien shall be to any country which the

7 alien shall designate if such designation

8 does not, in the judgment of the Attorney

9 General, in consultation with the Secretary

10 of State, impair the obligation of the United

11 States under any treaty (including a treaty

12 pertaining to extradition) or otherwise ad13 versely affect the foreign policy of the

14 United States.

15 ‘‘(ii) ALTERNATE COUNTRIES.—If the

16 alien refuses to designate a country to

17 which the alien wishes to be removed or if

18 the Attorney General, in consultation with

19 the Secretary of State, determines that re20 moval of the alien to the country so des21 ignated would impair a treaty obligation or

22 adversely affect United States foreign pol23 icy, the Attorney General shall cause the

24 alien to be removed to any country willing

25 to receive such alien.
93

•HR 1710 RH

1 ‘‘(C) CONTINUED DETENTION.—If no coun2 try is willing to receive such an alien, the Attor3 ney General may, notwithstanding any other

4 provision of law, retain the alien in custody. The

5 Attorney General, in coordination with the Sec6 retary of State, shall make periodic efforts to

7 reach agreement with other countries to accept

8 such an alien and at least every 6 months shall

9 provide to the attorney representing the alien at

10 the special removal hearing a written report on

11 the Attorney General’s efforts. Any alien in cus12 tody pursuant to this subparagraph shall be re13 leased from custody solely at the discretion of the

14 Attorney General and subject to such conditions

15 as the Attorney General shall deem appropriate.

16 ‘‘(D) FINGERPRINTING.—Before an alien is

17 transported out of the United States pursuant to

18 this subsection, or pursuant to an order of exclu19 sion because such alien is excludable under sec20 tion 212(a)(3)(B), the alien shall be photo21 graphed and fingerprinted, and shall be advised

22 of the provisions of section 276(b).

23 ‘‘(d) CONTINUED DETENTION PENDING TRIAL.—

24 ‘‘(1) DELAY IN REMOVAL.—Notwithstanding the

25 provisions of subsection (c)(2), the Attorney General
94

•HR 1710 RH

1 may hold in abeyance the removal of an alien who

2 has been ordered removed pursuant to this title to

3 allow the trial of such alien on any Federal or State

4 criminal charge and the service of any sentence of

5 confinement resulting from such a trial.

6 ‘‘(2) MAINTENANCE OF CUSTODY.—Pending the

7 commencement of any service of a sentence of confine8 ment by an alien described in paragraph (1), such an

9 alien shall remain in the custody of the Attorney Gen10 eral, unless the Attorney General determines that tem11 porary release of the alien to the custody of State au12 thorities for confinement in a State facility is appro13 priate and would not endanger national security or

14 public safety.

15 ‘‘(3) SUBSEQUENT REMOVAL.—Following the

16 completion of a sentence of confinement by an alien

17 described in paragraph (1) or following the comple18 tion of State criminal proceedings which do not result

19 in a sentence of confinement of an alien released to

20 the custody of State authorities pursuant to para21 graph (2), such an alien shall be returned to the cus22 tody of the Attorney General who shall proceed to

23 carry out the provisions of subsection (c)(2) concern24 ing removal of the alien.
95

•HR 1710 RH

1 ‘‘(e) APPLICATION OF CERTAIN PROVISIONS RELATING

2 TO ESCAPE OF PRISONERS.—For purposes of section 751

3 and 752 of title 18, United States Code, an alien in the

4 custody of the Attorney General pursuant to this title shall

5 be subject to the penalties provided by those sections in rela6 tion to a person committed to the custody of the Attorney

7 General by virtue of an arrest on a charge of a felony.

8 ‘‘(f) RIGHTS OF ALIENS IN CUSTODY.—

9 ‘‘(1) FAMILY AND ATTORNEY VISITS.—An alien

10 in the custody of the Attorney General pursuant to

11 this title shall be given reasonable opportunity to

12 communicate with and receive visits from members of

13 the alien’s family, and to contact, retain, and com14 municate with an attorney.

15 ‘‘(2) DIPLOMATIC CONTACT.—An alien in the

16 custody of the Attorney General pursuant to this title

17 shall have the right to contact an appropriate diplo18 matic or consular official of the alien’s country of

19 citizenship or nationality or of any country provid20 ing representation services therefore. The Attorney

21 General shall notify the appropriate embassy, mis22 sion, or consular office of the alien’s detention.’’.

23 (b) JURISDICTION OVER EXCLUSION ORDERS FOR

24 ALIEN TERRORISTS.—Section 106(b) of the Immigration

25 and Nationality Act (8 U.S.C. 1105a(b)) is amended by
96

•HR 1710 RH

1 adding at the end the following sentence: ‘‘Jurisdiction to

2 review an order entered pursuant to the provisions of sec3 tion 235(c) concerning an alien excludable under section

4 212(a)(3)(B) shall rest exclusively in the United States

5 Court of Appeals for the District of Columbia Circuit.’’.

6 (c) CRIMINAL PENALTY FOR REENTRY OF ALIEN TER7 RORISTS.—Section 276(b) of such Act (8 U.S.C. 1326(b))

8 is amended—

9 (1) by striking ‘‘or’’ at the end of paragraph (1),

10 (2) by striking the period at the end of para11 graph (2) and inserting ‘‘; or’’, and

12 (3) by inserting after paragraph (2) the follow13 ing new paragraph:

14 ‘‘(3) who has been excluded from the United

15 States pursuant to section 235(c) because the alien

16 was excludable under section 212(a)(3)(B) or who has

17 been removed from the United States pursuant to the

18 provisions of title V, and who thereafter, without the

19 permission of the Attorney General, enters the United

20 States or attempts to do so shall be fined under title

21 18, United States Code, and imprisoned for a period

22 of 10 years, which sentence shall not run concurrently

23 with any other sentence.’’.
97

•HR 1710 RH

1 (d) ELIMINATION OF CUSTODY REVIEW BY HABEAS

2 CORPUS.—Section 106(a) of such Act (8 U.S.C. 1105a(a))

3 is amended—

4 (1) by adding ‘‘and’’ at the end of paragraph

5 (8),

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

7 (9) and inserting a period, and

8 (3) by striking paragraph (10).

9 (e) EFFECTIVE DATE.—The amendments made by this

10 section shall take effect on the date of the enactment of this

11 Act and shall apply to all aliens without regard to the date

12 of entry or attempted entry into the United States.

13 SEC. 602. FUNDING FOR DETENTION AND REMOVAL OF

14 ALIEN TERRORISTS.

15 In addition to amounts otherwise appropriated, there

16 are authorized to be appropriated for each fiscal year (be17 ginning with fiscal year 1996) $5,000,000 to the Immigra18 tion and Naturalization Service for the purpose of detain19 ing and removing alien terrorists.
98

•HR 1710 RH

1 PART 2—EXCLUSION AND DENIAL OF ASYLUM

2 FOR ALIEN TERRORISTS

3 SEC. 611. MEMBERSHIP IN TERRORIST ORGANIZATION AS

4 GROUND FOR EXCLUSION.

5 (a) IN GENERAL.—Section 212(a)(3)(B) of the Immi6 gration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) is

7 amended—

8 (1) in clause (i)—

9 (A) by striking ‘‘or’’ at the end of subclause

10 (I),

11 (B) in subclause (II), by inserting ‘‘engaged

12 in or’’ after ‘‘believe,’’, and

13 (C) by inserting after subclause (II) the fol14 lowing:

15 ‘‘(III) is a representative of a ter16 rorist organization, or

17 ‘‘(IV) is a member of a terrorist

18 organization which the alien knows or

19 should have known is a terrorist orga20 nization,’’; and

21 (2) by adding at the end the following:

22 ‘‘(iv) TERRORIST ORGANIZATION DE23 FINED.—

24 ‘‘(I) DESIGNATION.—For purposes

25 of this Act, the term ‘terrorist organi26 zation’ means a foreign organization
99

•HR 1710 RH

1 designated in the Federal Register as a

2 terrorist organization by the Secretary

3 of State, in consultation with the At4 torney General, based upon a finding

5 that the organization engages in, or

6 has engaged in, terrorist activity that

7 threatens the national security of the

8 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 Sec13 retary of State, in consultation with

14 the Attorney General, shall notify the

15 Committees on the Judiciary of the

16 House of Representatives and the Sen17 ate of the intent to make such designa18 tion and the findings and basis for des19 ignation. The Secretary of State, in

20 consultation with the Attorney Gen21 eral, shall create an administrative

22 record and may use classified informa23 tion in making such a designation.

24 Such information is not subject to dis25 closure so long as it remains classified,
100

•HR 1710 RH

1 except that it may be disclosed to a

2 court ex parte and in camera under

3 subclause (III) for purposes of judicial

4 review of such a designation. The Sec5 retary of State, in consultation with

6 the Attorney General, shall provide no7 tice and an opportunity for public

8 comment prior to the creation of the

9 administrative record under this

10 subclause.

11 ‘‘(III) JUDICIAL REVIEW.—Any

12 organization designated as a terrorist

13 organization under the preceding pro14 visions of this clause may, not later

15 than 30 days after the date of the des16 ignation, seek judicial review thereof in

17 the United States Court of Appeals for

18 the District of Columbia Circuit. Such

19 review shall be based solely upon the

20 administrative record, except that the

21 Government may submit, for ex parte

22 and in camera review, classified infor23 mation considered in making the des24 ignation. The court shall hold unlawful

25 and set aside the designation if the
101

•HR 1710 RH

1 court finds the designation to be arbi2 trary, capricious, an abuse of discre3 tion, or otherwise not in accordance

4 with law, lacking substantial support

5 in the administrative record taken as

6 a whole or in classified information

7 submitted to the court under the pre8 vious sentence, contrary to constitu9 tional right, power, privilege, or im10 munity, or not in accord with the pro11 cedures required by law.

12 ‘‘(IV) CONGRESSIONAL AUTHOR13 ITY TO REMOVE DESIGNATION.—The

14 Congress reserves the authority to re15 move, by law, the designation of an or16 ganization as a terrorist organization

17 for purposes of this Act.

18 ‘‘(V) SUNSET.—Subject to

19 subclause (IV), the designation under

20 this clause of an organization as a ter21 rorist organization shall be effective for

22 a period of 2 years from the date of the

23 initial publication of the terrorist or24 ganization designation by the Sec25 retary of State. At the end of such pe-
102

•HR 1710 RH

1 riod (but no sooner than 60 days prior

2 to the termination of the 2-year-des3 ignation period), the Secretary of

4 State, in consultation with the Attor5 ney General, may redesignate the orga6 nization in conformity with the re7 quirements of this clause for designa8 tion of the organization.

9 ‘‘(VI) OTHER AUTHORITY TO RE10 MOVE DESIGNATION.—The Secretary of

11 State, in consultation with the Attor12 ney General, may remove the terrorist

13 organization designation from any or14 ganization previously designated as

15 such an organization, at any time, so

16 long as the Secretary publishes notice

17 of the removal in the Federal Register.

18 The Secretary is not required to report

19 to Congress prior to so removing such

20 designation.

21 ‘‘(v) REPRESENTATIVE DEFINED.—In

22 this subparagraph, the term ‘representative’

23 includes an officer, official, or spokesman of

24 the organization and any person who di25 rects, counsels, commands or induces the or-
103

•HR 1710 RH

1 ganization or its members to engage in ter2 rorist activity. The determination by the

3 Secretary of State or the Attorney General

4 that an alien is a representative of a terror5 ist organization shall be subject to judicial

6 review.’’.

7 (b) EFFECTIVE DATE.—The amendments made by this

8 section shall take effect on the date of the enactment of this

9 Act.

10 SEC. 612. DENIAL OF ASYLUM TO ALIEN TERRORISTS.

11 (a) IN GENERAL.—Section 208(a) of the Immigration

12 and Nationality Act (8 U.S.C. 1158(a)) is amended by add13 ing at the end the following: ‘‘The Attorney General may

14 not grant an alien asylum if the Attorney General deter15 mines that the alien is excludable under subclause (I), (II),

16 or (III) of section 212(a)(3)(B)(i) or deportable under sec17 tion 241(a)(4)(B).’’.

18 (b) EFFECTIVE DATE.—The amendment made by sub19 section (a) shall take effect on the date of the enactment

20 of this Act and apply to asylum determinations made on

21 or after such date.

22 SEC. 613. DENIAL OF OTHER RELIEF FOR ALIEN TERROR23 ISTS.

24 (a) WITHHOLDING OF DEPORTATION.—Section

25 243(h)(2) of the Immigration and Nationality Act (8
104

•HR 1710 RH

1 U.S.C. 1253(h)(2)) is amended by adding at the end the

2 following new sentence: ‘‘For purposes of subparagraph (D),

3 an alien who is described in section 241(a)(4)(B) shall be

4 considered to be an alien for whom there are reasonable

5 grounds for regarding as a danger to the security of the

6 United States.’’.

7 (b) SUSPENSION OF DEPORTATION.—Section 244(a) of

8 such Act (8 U.S.C. 1254(a)) is amended by striking ‘‘section

9 241(a)(4)(D)’’ and inserting ‘‘subparagraph (B) or (D) of

10 section 241(a)(4)’’.

11 (c) VOLUNTARY DEPARTURE.—Section 244(e)(2) of

12 such Act (8 U.S.C. 1254(e)(2)) is amended by inserting

13 ‘‘under section 241(a)(4)(B) or’’ after ‘‘who is deportable’’.

14 (d) ADJUSTMENT OF STATUS.—Section 245(c) of such

15 Act (8 U.S.C. 1255(c)) is amended—

16 (1) by striking ‘‘or’’ before ‘‘(5)’’, and

17 (2) by inserting before the period at the end the

18 following: ‘‘, or (6) an alien who is deportable under

19 section 241(a)(4)(B)’’.

20 (e) REGISTRY.—Section 249(d) of such Act (8 U.S.C.

21 1259(d)) is amended by inserting ‘‘and is not deportable

22 under section 241(a)(4)(B)’’ after ‘‘ineligible to citizen23 ship’’.

24 (f) EFFECTIVE DATE.—The amendments made by this

25 section shall take effect on the date of the enactment of this
105

•HR 1710 RH

1 Act and shall apply to applications filed before, on, or after

2 such date if final action has not been taken on them before

3 such date.

4 Subtitle B—Expedited Exclusion

5 SEC. 621. INSPECTION AND EXCLUSION BY IMMIGRATION

6 OFFICERS.

7 (a) IN GENERAL.—Subsection (b) of section 235 of the

8 Immigration and Nationality Act (8 U.S.C. 1225) is

9 amended to read as follows:

10 ‘‘(b)(1)(A) If the examining immigration officer deter11 mines that an alien seeking entry—

12 ‘‘(i) is excludable under section 212(a)(6)(C) or

13 212(a)(7), and

14 ‘‘(ii) does not indicate either an intention to

15 apply for asylum under section 208 or a fear of perse16 cution,

17 the officer shall order the alien excluded from the United

18 States without further hearing or review.

19 ‘‘(B) The examining immigration officer shall refer for

20 an interview by an asylum officer under subparagraph (C)

21 any alien who is excludable under section 212(a)(6)(C) or

22 212(a)(7) and has indicated an intention to apply for asy23 lum under section 208 or a fear of persecution.

24 ‘‘(C)(i) An asylum officer shall promptly conduct

25 interviews of aliens referred under subparagraph (B).
106

•HR 1710 RH

1 ‘‘(ii) If the officer determines at the time of the inter2 view that an alien has a credible fear of persecution (as

3 defined in clause (v)), the alien shall be detained for an

4 asylum hearing before an asylum officer under section 208.

5 ‘‘(iii)(I) Subject to subclause (II), if the officer deter6 mines that the alien does not have a credible fear of persecu7 tion, the officer shall order the alien excluded from the

8 United States without further hearing or review.

9 ‘‘(II) The Attorney General shall promulgate regula10 tions to provide for the immediate review by a supervisory

11 asylum office at the port of entry of a determination under

12 subclause (I).

13 ‘‘(iv) The Attorney General shall provide information

14 concerning the asylum interview described in this subpara15 graph to aliens who may be eligible. An alien who is eligible

16 for such interview may consult with a person or persons

17 of the alien’s choosing prior to the interview or any review

18 thereof, according to regulations prescribed by the Attorney

19 General. Such consultation shall be at no expense to the

20 Government and shall not delay the process.

21 ‘‘(v) For purposes of this subparagraph, the term ‘cred22 ible fear of persecution’ means (I) that it is more probable

23 than not that the statements made by the alien in support

24 of the alien’s claim are true, and (II) that there is a signifi25 cant possibility, in light of such statements and of such
107

•HR 1710 RH

1 other facts as are known to the officer, that the alien could

2 establish eligibility for asylum under section 208.

3 ‘‘(D) As used in this paragraph, the term ‘asylum offi4 cer’ means an immigration officer who—

5 ‘‘(i) has had professional training in country

6 conditions, asylum law, and interview techniques;

7 and

8 ‘‘(ii) is supervised by an officer who meets the

9 condition in clause (i).

10 ‘‘(E)(i) An exclusion order entered in accordance with

11 subparagraph (A) is not subject to administrative appeal,

12 except that the Attorney General shall provide by regulation

13 for prompt review of such an order against an alien who

14 claims under oath, or as permitted under penalty of perjury

15 under section 1746 of title 28, United States Code, after

16 having been warned of the penalties for falsely making such

17 claim under such conditions, to have been lawfully admitted

18 for permanent residence.

19 ‘‘(ii) In any action brought against an alien under

20 section 275(a) or section 276, the court shall not have juris21 diction to hear any claim attacking the validity of an order

22 of exclusion entered under subparagraph (A).

23 ‘‘(2)(A) Except as provided in subparagraph (B), if

24 the examining immigration officer determines that an alien

25 seeking entry is not clearly and beyond a doubt entitled
108

•HR 1710 RH

1 to enter, the alien shall be detained for a hearing before

2 a special inquiry officer.

3 ‘‘(B) The provisions of subparagraph (A) shall not

4 apply—

5 ‘‘(i) to an alien crewman,

6 ‘‘(ii) to an alien described in paragraph (1)(A)

7 or (1)(C)(iii)(I), or

8 ‘‘(iii) if the conditions described in section

9 273(d) exist.

10 ‘‘(3) The decision of the examining immigration offi11 cer, if favorable to the admission of any alien, shall be sub12 ject to challenge by any other immigration officer and such

13 challenge shall operate to take the alien whose privilege to

14 enter is so challenged, before a special inquiry officer for

15 a hearing on exclusion of the alien.’’.

16 (b) CONFORMING AMENDMENT.—Section 237(a) of

17 such Act (8 U.S.C. 1227(a)) is amended—

18 (1) in the second sentence of paragraph (1), by

19 striking ‘‘Deportation’’ and inserting ‘‘Subject to sec20 tion 235(b)(1), deportation’’, and

21 (2) in the first sentence of paragraph (2), by

22 striking ‘‘If’’ and inserting ‘‘Subject to section

23 235(b)(1), if’’.

24 (c) EFFECTIVE DATE.—The amendments made by this

25 section shall take effect on the first day of the first month
109

•HR 1710 RH

1 that begins more than 90 days after the date of the enact2 ment of this Act.

3 SEC. 622. JUDICIAL REVIEW.

4 (a) PRECLUSION OF JUDICIAL REVIEW.—Section 106

5 of the Immigration and Nationality Act (8 U.S.C. 1105a)

6 is amended—

7 (1) by amending the section heading to read as

8 follows:

9 ‘‘JUDICIAL REVIEW OF ORDERS OF DEPORTATION AND

10 EXCLUSION, AND SPECIAL EXCLUSION’’; and

11 (2) by adding at the end the following new sub12 section:

13 ‘‘(e)(1) Notwithstanding any other provision of law,

14 and except as provided in this subsection, no court shall

15 have jurisdiction to review any individual determination,

16 or to entertain any other cause or claim, arising from or

17 relating to the implementation or operation of section

18 235(b)(1). Regardless of the nature of the action or claim,

19 or the party or parties bringing the action, no court shall

20 have jurisdiction or authority to enter declaratory, injunc21 tive, or other equitable relief not specifically authorized in

22 this subsection nor to certify a class under Rule 23 of the

23 Federal Rules of Civil Procedure.

24 ‘‘(2) Judicial review of any cause, claim, or individual

25 determination covered under paragraph (1) shall only be
110

•HR 1710 RH

1 available in habeas corpus proceedings, and shall be limited

2 to determinations of—

3 ‘‘(A) whether the petitioner is an alien, if the pe4 titioner makes a showing that the petitioner’s claim

5 of United States nationality is not frivolous;

6 ‘‘(B) whether the petitioner was ordered specially

7 excluded under section 235(b)(1)(A); and

8 ‘‘(C) whether the petitioner can prove by a pre9 ponderance of the evidence that the petitioner is an

10 alien lawfully admitted for permanent residence and

11 is entitled to such review as is provided by the Attor12 ney General pursuant to section 235(b)(1)(E)(i).

13 ‘‘(3) In any case where the court determines that an

14 alien was not ordered specially excluded, or was not prop15 erly subject to special exclusion under the regulations adopt16 ed by the Attorney General, the court may order no relief

17 beyond requiring that the alien receive a hearing in accord18 ance with section 236, or a determination in accordance

19 with section 235(c) or 273(d).

20 ‘‘(4) In determining whether an alien has been ordered

21 specially excluded, the court’s inquiry shall be limited to

22 whether such an order was in fact issued and whether it

23 relates to the petitioner.’’.
111

•HR 1710 RH

1 (b) PRECLUSION OF COLLATERAL ATTACKS.—Section

2 235 of such Act (8 U.S.C. 1225) is amended by adding at

3 the end the following new subsection:

4 ‘‘(d) In any action brought for the assessment of pen5 alties for improper entry or re-entry of an alien under sec6 tion 275 or section 276, no court shall have jurisdiction

7 to hear claims collaterally attacking the validity of orders

8 of exclusion, special exclusion, or deportation entered under

9 this section or sections 236 and 242.’’.

10 (c) CLERICAL AMENDMENT.—The item relating to sec11 tion 106 in the table of contents of such Act is amended

12 to read as follows:

‘‘Sec. 106. Judicial review of orders of deportation and exclusion, and special exclusion.’’.

13 SEC. 623. EXCLUSION OF ALIENS WHO HAVE NOT BEEN IN14 SPECTED AND ADMITTED.

15 (a) IN GENERAL.—Section 241 of the Immigration

16 and Nationality Act (8 U.S.C. 1251) is amended by adding

17 at the end the following new subsection:

18 ‘‘(d) Notwithstanding any other provision of this title,

19 an alien found in the United States who has not been ad20 mitted to the United States after inspection in accordance

21 with section 235 is deemed for purposes of this Act to be

22 seeking entry and admission to the United States and shall

23 be subject to examination and exclusion by the Attorney

24 General under chapter 4. In the case of such an alien the
112

•HR 1710 RH

1 Attorney General shall provide by regulation an oppor2 tunity for the alien to establish that the alien was so admit3 ted.’’.

4 (b) EFFECTIVE DATE.—The amendment made by sub5 section (a) shall take effect on the first day of the first

6 month beginning more than 90 days after the date of the

7 enactment of this Act.

8 Subtitle C—Improved Information

9 and Processing

10 PART 1—IMMIGRATION PROCEDURES

11 SEC. 631. ACCESS TO CERTAIN CONFIDENTIAL INS FILES

12 THROUGH COURT ORDER.

13 (a) LEGALIZATION PROGRAM.—Section 245A(c)(5) of

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

15 1255a(c)(5)) is amended—

16 (1) by inserting ‘‘(i)’’ after ‘‘except that the At17 torney General’’, and

18 (2) by inserting after ‘‘title 13, United States

19 Code’’ the following: ‘‘and (ii) may authorize an ap20 plication to a Federal court of competent jurisdiction

21 for, and a judge of such court may grant, an order

22 authorizing disclosure of information contained in the

23 application of the alien to be used—
113

•HR 1710 RH

1 ‘‘(I) for identification of the alien when

2 there is reason to believe that the alien has been

3 killed or severely incapacitated; or

4 ‘‘(II) for criminal law enforcement purposes

5 against the alien whose application is to be dis6 closed if the alleged criminal activity occurred

7 after the legalization application was filed and

8 such activity involves terrorist activity or poses

9 either an immediate risk to life or to national se10 curity, or would be prosecutable as an aggra11 vated felony, but without regard to the length of

12 sentence that could be imposed on the appli13 cant’’.

14 (b) SPECIAL AGRICULTURAL WORKER PROGRAM.—

15 Section 210(b) of such Act (8 U.S.C. 1160(b)) is amended—

16 (1) in paragraph (5), by inserting ‘‘, except as

17 allowed by a court order issued pursuant to para18 graph (6)’’ after ‘‘consent of the alien’’, and

19 (2) in paragraph (6), by inserting after subpara20 graph (C) the following:

21 ‘‘Notwithstanding the previous sentence, the Attorney

22 General may authorize an application to a Federal

23 court of competent jurisdiction for, and a judge of

24 such court may grant, an order authorizing disclosure

25 of information contained in the application of the
114

•HR 1710 RH

1 alien to be used (i) for identification of the alien

2 when there is reason to believe that the alien has been

3 killed or severely incapacitated, or (ii) for criminal

4 law enforcement purposes against the alien whose ap5 plication is to be disclosed if the alleged criminal ac6 tivity occurred after the special agricultural worker

7 application was filed and such activity involves ter8 rorist activity or poses either an immediate risk to

9 life or to national security, or would be prosecutable

10 as an aggravated felony, but without regard to the

11 length of sentence that could be imposed on the appli12 cant.’’.

13 SEC. 632. WAIVER AUTHORITY CONCERNING NOTICE OF DE14 NIAL OF APPLICATION FOR VISAS.

15 Section 212(b) of the Immigration and Nationality

16 Act (8 U.S.C. 1182(b)) is amended—

17 (1) by redesignating paragraphs (1) and (2) as

18 subparagraphs (A) and (B);

19 (2) by striking ‘‘If’’ and inserting ‘‘(1) Subject

20 to paragraph (2), if’’; and

21 (3) by adding at the end the following new para22 graph:

23 ‘‘(2) With respect to applications for visas, the Sec24 retary of State may waive the application of paragraph
115

•HR 1710 RH

1 (1) in the case of a particular alien or any class or classes

2 of aliens excludable under subsection (a)(2) or (a)(3).’’.

3 PART 2—ASSET FORFEITURE FOR PASSPORT AND

4 VISA OFFENSES

5 SEC. 641. CRIMINAL FORFEITURE FOR PASSPORT AND VISA

6 RELATED OFFENSES.

7 Section 982 of title 18, United States Code, is amend8 ed—

9 (1) in subsection (a), by inserting after para10 graph (5) the following new paragraph:

11 ‘‘(6) The court, in imposing sentence on a person con12 victed of a violation of, or conspiracy to violate, section

13 1541, 1542, 1543, 1544, or 1546 of this title, or a violation

14 of, or conspiracy to violate, section 1028 of this title if com15 mitted in connection with passport or visa issuance or use,

16 shall order that the person forfeit to the United States any

17 property, real or personal, which the person used, or in18 tended to be used, in committing, or facilitating the com19 mission of, the violation, and any property constituting, or

20 derived from, or traceable to, any proceeds the person ob21 tained, directly or indirectly, as a result of such violation.’’;

22 and

23 (2) in subsection (b)(1)(B), by inserting ‘‘or

24 (a)(6)’’ after ‘‘(a)(2)’’.
116

•HR 1710 RH

1 SEC. 642. SUBPOENAS FOR BANK RECORDS.

2 Section 986(a) of title 18, United States Code, is

3 amended by inserting ‘‘1028, 1541, 1542, 1543, 1544,

4 1546,’’ before ‘‘1956’’.

5 SEC. 643. EFFECTIVE DATE.

6 The amendments made by this subtitle shall take effect

7 on the first day of the first month that begins more than

8 90 days after the date of the enactment of this Act.

9 Subtitle D—Employee Verification

10 by Security Services Companies

11 SEC. 651. PERMITTING SECURITY SERVICES COMPANIES TO

12 REQUEST ADDITIONAL DOCUMENTATION.

13 (a) IN GENERAL.—Section 274B(a)(6) of the Immi14 gration and Nationality Act (8 U.S.C. 1324b(a)(6)) is

15 amended—

16 (1) by striking ‘‘For purposes’’ and inserting

17 ‘‘(A) Except as provided in subparagraph (B), for

18 purposes’’, and

19 (2) by adding at the end the following new sub20 paragraph:

21 ‘‘(B) Subparagraph (A) shall not apply to a re22 quest made in connection with an individual seeking

23 employment in a company (or division of a com24 pany) engaged in the business of providing security

25 services to protect persons, institutions, buildings, or
117

•HR 1710 RH

1 other possible targets of terrorism (as defined in sec2 tion 2331(1) of title 18, United States Code).’’.

3 (b) EFFECTIVE DATE.—The amendments made by sub4 section (a) shall apply to requests for documents made on

5 or after the date of the enactment of this Act with respect

6 to individuals who are or were hired before, on, or after

7 the date of the enactment of this Act.

8 TITLE VII—AUTHORIZATION AND

9 FUNDING

10 SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

11 There is authorized to be appropriated for each of fis12 cal years 1996 through 2000 to the Federal Bureau of Inves13 tigation such sums as are necessary—

14 (1) to hire additional personnel, and to procure

15 equipment, to support expanded investigations of do16 mestic and international terrorism activities;

17 (2) to establish a Domestic Counterterrorism

18 Center to coordinate and centralize Federal, State,

19 and local law enforcement efforts in response to major

20 terrorist incidents, and as a clearinghouse for all do21 mestic and international terrorism information and

22 intelligence; and

23 (3) to cover costs associated with providing law

24 enforcement coverage of public events offering the po-
118

•HR 1710 RH

1 tential of being targeted by domestic or international

2 terrorists.

3 SEC. 702. CIVIL MONETARY PENALTY SURCHARGE AND

4 TELECOMMUNICATIONS CARRIER COMPLI5 ANCE PAYMENTS.

6 Public Law 103–414 is amended by adding at the end

7 the following:

8 ‘‘TITLE IV—CIVIL MONETARY

9 PENALTY SURCHARGE AND

10 TELECOMMUNICATIONS CAR11 RIER COMPLIANCE PAYMENTS

12 ‘‘SEC. 401. CIVIL MONETARY PENALTY SURCHARGE.

13 ‘‘(a) IMPOSITION.—Notwithstanding any other provi14 sion of law, and subject to section 402(c) of this title, a

15 surcharge of 40 percent of the principal amount of a civil

16 monetary penalty shall be added to each civil monetary

17 penalty at the time it is assessed by the United States or

18 an agency thereof.

19 ‘‘(b) APPLICATION OF PAYMENTS.—Payments relating

20 to a civil monetary penalty shall be applied in the following

21 order: (1) to costs; (2) to principal; (3) to surcharges re22 quired by subsection (a) of this section; and (4) to interest.

23 ‘‘(c) EFFECTIVE DATES.—(1) A surcharge under sub24 section (a) of this section shall be added to all civil mone-
119

•HR 1710 RH

1 tary penalties assessed on or after October 1, 1995, or the

2 date of enactment of this title, whichever is later.

3 ‘‘(2) The authority to add a surcharge under this sec4 tion shall terminate on October 1, 1998.

5 ‘‘(d) LIMITATION.—The provisions of this section shall

6 not apply to any civil monetary penalty assessed under title

7 26, United States Code.

8 ‘‘SEC. 402. DEPARTMENT OF JUSTICE TELECOMMUNI9 CATIONS CARRIER COMPLIANCE FUND.

10 ‘‘(a) ESTABLISHMENT OF FUND.—There is hereby es11 tablished in the United States Treasury a fund to be known

12 as the Department of Justice Telecommunications Carrier

13 Compliance Fund (hereinafter referred to as ‘the Fund’),

14 which shall be available to the Attorney General to the ex15 tent and in the amounts authorized by subsection (c) of this

16 section to make payments to telecommunications carriers,

17 as authorized by section 109.

18 ‘‘(b) OFFSETTING COLLECTIONS.—Notwithstanding

19 section 3302 of title 31, United States Code, the Attorney

20 General may credit surcharges added pursuant to section

21 401 of this title to the Fund as offsetting collections.

22 ‘‘(c) REQUIREMENTS FOR APPROPRIATIONS OFFSET.—

23 (1) Surcharges added pursuant to section 401 of this title

24 are authorized only to the extent and in the amounts pro25 vided for in advance in appropriations acts.
120

•HR 1710 RH

1 ‘‘(2)(A) Collections credited to the Fund are authorized

2 to be appropriated in such amounts as may be necessary,

3 but not to exceed $100,000,000 in fiscal year 1996,

4 $305,000,000 in fiscal year 1997, and $80,000,000 in fiscal

5 year 1998.

6 ‘‘(B) Amounts described in subparagraph (A) of this

7 paragraph are authorized to be appropriated without fiscal

8 year limitation.

9 ‘‘(d) TERMINATION.—(1) The Attorney General may

10 terminate the Fund at such time as the Attorney General

11 determines that the Fund is no longer necessary.

12 ‘‘(2) Any balance in the Fund at the time of its termi13 nation shall be deposited in the general fund of the Treas14 ury.

15 ‘‘(3) A decision of the Attorney General to terminate

16 the Fund shall not be subject to judicial review.

17 ‘‘SEC. 403. DEFINITIONS.

18 ‘‘For purposes of this title, the terms ‘agency’ and ‘civil

19 monetary penalty’ have the meanings given to them by sec20 tion 3 of the Federal Civil Penalties Inflation Adjustment

21 Act of 1990, Public Law 101–410, Oct. 5, 1990, 104 Stat.

22 890 (28 U.S.C. 2461 note).’’.
121

•HR 1710 RH

1 SEC. 703. FIREFIGHTER AND EMERGENCY SERVICES TRAIN2 ING

3 The Attorney General may award grants in consulta4 tion with the Federal Emergency Management Agency for

5 the purposes of providing specialized training or equipment

6 to enhance the capability of metropolitan fire and emer7 gency service departments to respond to terrorist attacks.

8 To carry out the purposes of this section, there is authorized

9 to be appropriated $5,000,000 for fiscal year 1996.

10 SEC. 704. ASSISTANCE TO FOREIGN COUNTRIES TO PRO11 CURE EXPLOSIVE DETECTION DEVICES AND

12 OTHER COUNTER-TERRORISM TECHNOLOGY.

13 There is authorized to be appropriated not to exceed

14 $10,000,000 for each fiscal year to the Attorney General to

15 provide assistance to foreign countries facing an imminent

16 danger of terrorist attack that threatens the national inter17 est of the United States or puts United States nationals

18 at risk—

19 (1) in obtaining explosive detection devices and

20 other counter-terrorism technology; and

21 (2) in conducting research and development

22 projects on such technology.
122

•HR 1710 RH

1 SEC. 705. RESEARCH AND DEVELOPMENT TO SUPPORT

2 COUNTERTERRORISM TECHNOLOGIES.

3 There are authorized to be appropriated not to exceed

4 $10,000,000 to the National Institute of Justice Science and

5 Technology Office—

6 (1) to develop technologies that can be used to

7 combat terrorism, including technologies in the areas

8 of—

9 (A) detection of weapons, explosives, chemi10 cals, and persons;

11 (B) tracking;

12 (C) surveillance;

13 (D) vulnerability assessment; and

14 (E) information technologies;

15 (2) to develop standards to ensure the adequacy

16 of products produced and compatibility with relevant

17 national systems; and

18 (3) to identify and assess requirements for tech19 nologies to assist State and local law enforcement in

20 the national program to combat terrorism.

21 TITLE VIII—MISCELLANEOUS

22 SEC. 801. MACHINE READABLE VISAS AND PASSPORTS.

23 Section 140(a) of the Foreign Relations Authorization

24 Act, Fiscal Years 1994 and 1995 (Public Law 103–236) is

25 amended—
123

•HR 1710 RH

1 (1) by striking paragraphs (2) and (3) and in2 serting the following:

3 ‘‘(2) For fiscal years 1996 and 1997, not more

4 than $250,000,000 in fees collected under the author5 ity of paragraph (1) shall be deposited as an offset6 ting collection to any Department of State appropria7 tion to recover the costs of the Department of State’s

8 border security program, including the costs of—

9 ‘‘(A) installation and operation of the ma10 chine readable visa and automated name-check

11 process;

12 ‘‘(B) improving the quality and security of

13 the United States passport;

14 ‘‘(C) passport and visa fraud investigations;

15 and

16 ‘‘(D) the technological infrastructure to sup17 port and operate the programs referred to in sub18 paragraphs (A) through (C).

19 Such fees shall remain available for obligation until

20 expended.

21 ‘‘(3) For any fiscal year, fees collected under the

22 authority of paragraph (1) in excess of the amount

23 specified for such fiscal year under paragraph (2)

24 shall be deposited in the general fund of the Treasury

25 as miscellaneous receipts.’’; and
124

•HR 1710 RH

1 (2) by striking paragraph (5).

2 SEC. 802. STUDY OF STATE LICENSING REQUIREMENTS FOR

3 THE PURCHASE AND USE OF HIGH EXPLO4 SIVES.

5 The Secretary of the Treasury, in consultation with

6 the Federal Bureau of Investigation, shall conduct a study

7 of State licensing requirements for the purchase and use of

8 commercial high explosives, including detonators, detonat9 ing cords, dynamite, water gel, emulsion, blasting agents,

10 and boosters. Not later than 180 days after the date of the

11 enactment of this Act, the Secretary shall report to Congress

12 the results of this study, together with any recommendations

13 the Secretary determines are appropriate.

14 SEC. 803. COMPENSATION OF VICTIMS OF TERRORISM.

15 (a) REQUIRING COMPENSATION FOR TERRORIST

16 CRIMES.—Section 1403(d)(3) of the Victims of Crime Act

17 of 1984 (42 U.S.C. 10603(d)(3)) is amended—

18 (1) by inserting ‘‘crimes involving terrorism,’’

19 before ‘‘driving while intoxicated’’; and

20 (2) by inserting a comma after ‘‘driving while

21 intoxicated’’.

22 (b) FOREIGN TERRORISM.—Section 1403(b)(6)(B) of

23 the Victims of Crime Act of 1984 (42 U.S.C.

24 10603(b)(6)(B)) is amended by inserting ‘‘are outside the

25 United States (if the compensable crime is terrorism, as de-
125

•HR 1710 RH

1 fined in section 2331 of title 18, United States Code), or’’

2 before ‘‘are States not having’’.

3 SEC. 804. JURISDICTION FOR LAWSUITS AGAINST TERROR4 IST STATES.

5 (a) EXCEPTION TO FOREIGN SOVEREIGN IMMUNITY

6 FOR CERTAIN CASES.—Section 1605 of title 28, United

7 States Code, is amended—

8 (1) in subsection (a)—

9 (A) by striking ‘‘or’’ at the end of para10 graph (5);

11 (B) by striking the period at the end of

12 paragraph (6) and inserting ‘‘; or’’; and

13 (C) by adding at the end the following new

14 paragraph:

15 ‘‘(7) not otherwise covered by paragraph (2), in

16 which money damages are sought against a foreign

17 state for personal injury or death that was caused by

18 an act of torture, extrajudicial killing, aircraft sabo19 tage, hostage taking, or the provision of material sup20 port or resources (as defined in section 2339A of title

21 18) for such an act if such act or provision of mate22 rial support is engaged in by an official, employee, or

23 agent of such foreign state while acting within the

24 scope of his or her office, employment, or agency, ex25 cept that—
126

•HR 1710 RH

1 ‘‘(A) an action under this paragraph shall

2 not be instituted unless the claimant first affords

3 the foreign state a reasonable opportunity to ar4 bitrate the claim in accordance with accepted

5 international rules of arbitration;

6 ‘‘(B) an action under this paragraph shall

7 not be maintained unless the act upon which the

8 claim is based occurred while the individual

9 bringing the claim was a national of the United

10 States (as that term is defined in section

11 101(a)(22) of the Immigration and Nationality

12 Act); and

13 ‘‘(C) the court shall decline to hear a claim

14 under this paragraph if the foreign state against

15 whom the claim has been brought establishes that

16 procedures and remedies are available in such

17 state which comport with fundamental fairness

18 and due process.’’; and

19 (2) by adding at the end the following new sub20 section:

21 ‘‘(e) For purposes of paragraph (7) of subsection (a)—

22 ‘‘(1) the terms ‘torture’ and ‘extrajudicial killing’

23 have the meaning given those terms in section 3 of the

24 Torture Victim Protection Act of 1991;
127

•HR 1710 RH

1 ‘‘(2) the term ‘hostage taking’ has the meaning

2 given that term in Article 1 of the International Con3 vention Against the Taking of Hostages; and

4 ‘‘(3) the term ‘aircraft sabotage’ has the meaning

5 given that term in Article 1 of the Convention for the

6 Suppression of Unlawful Acts Against the Safety of

7 Civil Aviation.’’.

8 (b) EXCEPTION TO IMMUNITY FROM ATTACHMENT.—

9 (1) FOREIGN STATE.—Section 1610(a) of title

10 28, United States Code, is amended—

11 (A) by striking the period at the end of

12 paragraph (6) and inserting ‘‘, or’’; and

13 (B) by adding at the end the following new

14 paragraph:

15 ‘‘(7) the judgment relates to a claim for which

16 the foreign state is not immune under section

17 1605(a)(7), regardless of whether the property is or

18 was involved with the act upon which the claim is

19 based.’’.

20 (2) AGENCY OR INSTRUMENTALITY.—Section

21 1610(b)(2) of such title is amended—

22 (A) by striking ‘‘or (5)’’ and inserting ‘‘(5),

23 or (7)’’; and

24 (B) by striking ‘‘used for the activity’’ and

25 inserting ‘‘involved in the act’’.
128

•HR 1710 RH

1 (c) APPLICABILITY.—The amendments made by this

2 title shall apply to any cause of action arising before, on,

3 or after the date of the enactment of this Act.

4 SEC. 805. STUDY OF PUBLICLY AVAILABLE INSTRUCTIONAL

5 MATERIAL ON THE MAKING OF BOMBS, DE6 STRUCTIVE DEVICES, AND WEAPONS OF MASS

7 DESTRUCTION.

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

9 with such other officials and individuals as the Attorney

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

12 (1) the extent to which there are available to the

13 public material in any medium (including print,

14 electronic, or film) that instructs how to make bombs,

15 other destructive devices, and weapons of mass de16 struction;

17 (2) the extent to which information gained from

18 such material has been used in incidents of domestic

19 and international terrorism;

20 (3) the likelihood that such information may be

21 used in future incidents of terrorism; and

22 (4) the application of existing Federal laws to

23 such material, the need and utility, if any, for addi24 tional laws, and an assessment of the extent to which
129

•HR 1710 RH

1 the First Amendment protects such material and its

2 private and commercial distribution.

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

4 of the enactment of this Act, the Attorney General shall sub5 mit to the Congress a report that contains the results of

6 the study required by this section. The Attorney General

7 shall make the report available to the public.

8 SEC. 806. COMPILATION OF STATISTICS RELATING TO IN9 TIMIDATION OF GOVERNMENT EMPLOYEES.

10 (a) FINDINGS.—Congress finds that—

11 (1) threats of violence and acts of violence are

12 mounting against Federal, State, and local govern13 ment employees and their families in attempts to stop

14 public servants from performing their lawful duties;

15 (2) these acts are a danger to our constitutional

16 form of government; and

17 (3) more information is needed as to the extent

18 of the danger and its nature so that steps can be

19 taken to protect public servants at all levels of govern20 ment in the performance of their duties.

21 (b) STATISTICS.—The Attorney General shall acquire

22 data, for the calendar year 1990 and each succeeding cal23 endar year about crimes and incidents of threats of violence

24 and acts of violence against Federal, State, and local gov-
130

•HR 1710 RH

1 ernment employees in performance of their lawful duties.

2 Such data shall include—

3 (1) in the case of crimes against such employees,

4 the nature of the crime; and

5 (2) in the case of incidents of threats of violence

6 and acts of violence, including verbal and implicit

7 threats against such employees, whether or not crimi8 nally punishable, which deter the employees from the

9 performance of their jobs.

10 (c) GUIDELINES.—The Attorney General shall estab11 lish guidelines for the collection of such data, including

12 what constitutes sufficient evidence of noncriminal inci13 dents required to be reported.

14 (d) ANNUAL PUBLISHING.—The Attorney General

15 shall publish an annual summary of the data acquired

16 under this section. Otherwise such data shall be used only

17 for research and statistical purposes.

HR 1710 RH——2

HR 1710 RH——3

HR 1710 RH——4

HR 1710 RH——5

HR 1710 RH——6

HR 1710 RH——7

HR 1710 RH——8

HR 1710 RH——9
131

•HR 1710 RH

HR 1710 RH——10