May 25, 1995 CONGRESSIONAL RECORD— SENATE S7553 

On page 5, line 19, increase the amount by 

$1,250,000,000. 

On page 5, line 20, increase the amount by 

$1,400,000,000. 

On page 5, line 21, increase the amount by 

$1,550,000,000. 

On page 5, line 22, increase the amount by 

$1,550,000,000. 

On page 5, line 23, increase the amount by 

$1,675,000,000. 

On page 6, line 16, increase the amount by 

$875,000,000. 

On page 6, line 17, increase the amount by 

$1,100,000,000. 

On page 6, line 18, increase the amount by 

$1,250,000,000. 

On page 6, line 19, increase the amount by 

$1,400,000,000. 

On page 6, line 20, increase the amount by 

$1,550,000,000. 

On page 6, line 21, increase the amount by 

$1,550,000,000. 

On page 6, line 22, increase the amount by 

$1,675,000,000. 

On page 31, line 12, increase the amount by 

$875,000,000. 

On page 31, line 20, increase the amount by 

$1,100,000,000. 

On page 32, line 3, increase the amount by 

$1,250,000,000. 

On page 32, line 11, increase the amount by 

$1,400,000,000. 

On page 32, line 19, increase the amount by 

$1,550,000,000. 

On page 33, line 2, increase the amount by 

$1,550,000,000. 

On page 33 line 10, increase the amount by 

$1,675,000,000. 

On page 31, line 13, increase the amount by 

$875,000,000. 

On page 31, line 21, increase the amount by 

$1,100,000,000. 

On page 32, line 4, increase the amount by 

$1,250,000,000. 

On page 32, line 12, increase the amount by 

$1,400,000,000. 

On page 32, line 20, increase the amount by 

$1,550,000,000. 

On page 33, line 3, increase the amount by 

$1,550,000,000. 

On page 33, line 11, increase the amount by 

$1,675,000,000. 

On page 64, strike beginning with line 7 

through page 64 line 12, and insert the following: 

‘‘Human Resources shall report changes in 

laws within its jurisdiction that provide direct spending to reduce outlays $266,000,000 in 

fiscal year 1966, $2,990,000,000 for the period of 

fiscal years 1996 through 2000, and 

$4,395,000,000 for the period of fiscal years 

1996 though 2002.’’

At the appropriate place insert the following: The assumption underlying the functional totals include that ‘‘It is the sense of 

the Senate that cuts in student loan benefits 

should be minimized, and that the current 

exclusion of income of Foreign Sales Corporation should be eliminated.

f 

’’

THE COMPREHENSIVE TERRORISM 

PREVENTION ACT OF 1995 

LEAHY AMENDMENT NO. 1198 

(Ordered to lie on the table.) 

Mr. LEAHY submitted an amendment to the bill (S. 735) to prevent and 

punish acts of terrorism, and for other 

purposes; as follows: 

At the end of title IX, add the following 

new title: 

TITLE X—VICTIMS OF TERRORISM ACT 

SEC. 1001. TITLE. 

This title may be cited as the ‘‘Victims of 

Terrorism Act of 1995’’. 

SEC. 1002. AUTHORITY TO PROVIDE ASSISTANCE 

AND COMPENSATION TO VICTIMS OF 

TERRORISM. 

The Victims of Crime Act of 1984 (42 U.S.C. 

10601 et seq.) is amended by inserting after 

section 1404A the following new section: 

‘‘SEC. 1404B COMPENSATION AND ASSISTANCE TO 

VICTIMS OF TERRORISM. 

‘‘(a) VICTIMS OF ACTS OF TERRORISM OUTSIDE THE UNITED STATES.—The Director may 

make supplemental grants to States and 

may provide compensation and assistance to 

any resident of the United States who, while 

outside the territorial boundaries of the 

United States, is a victim of a terrorist act 

and is not a person eligible for compensation 

under title VIII of the Omnibus Diplomatic 

Security and Antiterrorism Act of 1986. 

‘‘(b) VICTIMS OF DOMESTIC TERRORISM.—The 

Director may make supplemental grants to 

States for eligible crime victim compensation and assistance programs to provide 

emergency relief, assistance, training, and 

technical assistance for the benefit of victims of terrorist acts occurring within the 

United States.’’. 

SEC. 1003. FUNDING OF COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM AND CRIME. 

(a) RESERVATION.—Section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) is 

amended—

(1) in subsection (d), by adding at the end 

the following new paragraph: 

‘‘(5) After the reserve under paragraph (4) 

reaches $20,000,000 for any fiscal year, the Director may reserve any additional amount 

deposited in the Fund during that fiscal year 

as a reserve for victims of terrorist acts 

under section 1404B.’’; and 

(2) by amending subsection (e) to read as 

follows: 

‘‘(e) AMOUNTS AWARDED AND UNSPENT.—

Any amount awarded as part of a grant 

under this chapter that remains unspent at 

the end of a fiscal year in which the grant is 

made may be expended for the purpose for 

which the grant is made at any time during 

the 2 succeeding fiscal years, at the end of 

which period, any remaining unobligated 

sums shall be returned to the Fund.’’

(b) BASE AMOUNT.—Section 1404(a)(5)(B) of 

such Act (42 U.S.C. 10603(a)(5)(B)) is amended 

by striking ‘‘$200,000’’ and inserting 

‘‘$500,000’’. 

SEC. 1004. PAYMENTS INTO CRIME VICTIMS 

FUND. 

Section 3013 of title 18, United States Code, 

is amended to read as follows: 

‘‘§ 3013. Special assessment on convicted persons 

‘‘(a) The court shall assess on any person 

convicted of an offense against the United 

States—

‘‘(1) in the case of a misdemeanor—

‘‘(A) not less than $50 if the defendant is an 

individual; and 

‘‘(B) not less than $250 if the defendant is a 

person other than an individual; or 

‘‘(2) in the case of a felony—

‘‘(A) not less than $100 if the defendant is 

an individual; or 

‘‘(B) not less than $500 if the defendant is a 

person other than an individual. 

‘‘(b) Amounts assessed under this section 

shall be collected in the same manner as 

fines are collected in criminal cases.

f 

’’. 

DOLE (AND OTHERS) AMENDMENT 

NO. 1199 

Mr. HATCH (for Mr. DOLE for himself, Mr. HATCH, Mr. NICKLES, Mr. 

INHOFE, Mr. GRAMM, Mr. BROWN, Mr. 

THURMOND, Mr. SIMPSON, Mr. DEWINE

and Mr. KYL) proposed an amendment 

to the bill S. 735, supra; as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Comprehensive Terrorism Prevention Act of 1995’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—SUBSTANTIVE CRIMINAL LAW 

ENHANCEMENTS 

Sec. 101. Increased penalty for conspiracies 

involving explosives. 

Sec. 102. Acts of terrorism transcending national boundaries. 

Sec. 103. Conspiracy to harm people and 

property overseas. 

Sec. 104. Increased penalties for certain terrorism crimes. 

Sec. 105. Mandatory penalty for transferring 

an explosive material knowing 

that it will be used to commit a 

crime of violence. 

Sec. 106. Penalty for possession of stolen explosives. 

Sec. 107. Enhanced penalties for use of explosives or arson crimes. 

TITLE II—COMBATING INTERNATIONAL 

TERRORISM 

Sec. 201. Findings. 

Sec. 202. Prohibition on assistance to countries that aid terrorist states. 

Sec. 203. Prohibition on assistance to countries that provide military 

equipment to terrorist states. 

Sec. 204. Opposition to assistance by international financial institutions 

to terrorist states. 

Sec. 205. Antiterrorism assistance. 

Sec. 206. Jurisdiction for lawsuits against 

terrorist states. 

Sec. 207. Report on support for international 

terrorists. 

Sec. 208. Definition of assistance. 

Sec. 209. Waiver authority concerning notice 

of denial of application for 

visas. 

Sec. 210. Membership in a terrorist organization as a basis for exclusion 

from the United States under 

the Immigration and Nationality Act. 

TITLE III—ALIEN REMOVAL 

Sec. 301. Alien terrorist removal. 

Sec. 302. Extradition of aliens. 

Sec. 303. Changes to the Immigration and 

Nationality Act to facilitate removal of alien terrorists. 

Sec. 304. Access to certain confidential immigration and naturalization 

files through court order. 

TITLE IV—CONTROL OF FUNDRAISING 

FOR TERRORISM ACTIVITIES 

Sec. 401. Prohibition on terrorist fundraising. 

Sec. 402. Correction to material support provision. 

TITLE V—ASSISTANCE TO FEDERAL LAW 

ENFORCEMENT AGENCIES 

Subtitle A—Antiterrorism Assistance 

Sec. 501. Disclosure of certain consumer reports to the Federal Bureau of 

Investigation for foreign counterintelligence investigations. 

Sec. 502. Access to records of common carriers, public accommodation facilities, physical storage facilities, and vehicle rental facilities in foreign counterintelligence and counterterrorism 

cases. 

Sec. 503. Increase in maximum rewards for 

information concerning international terrorism. 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS

S7554 CONGRESSIONAL RECORD— SENATE May 25, 1995 

Subtitle B—Intelligence and Investigation 

Enhancements 

Sec. 511. Study and report on electronic surveillance. 

Sec. 512. Authorization for interceptions of 

communications in certain terrorism related offenses. 

Sec. 513. Requirement to preserve evidence. 

Subtitle C—Additional Funding for Law 

Enforcement 

Sec. 521. Federal Bureau of Investigation assistance to combat terrorism. 

Sec. 522. Authorization of additional appropriations for the United States 

Customs Service. 

Sec. 523. Authorization of additional appropriations for the Immigration 

and Naturalization Service. 

Sec. 524. Drug Enforcement Administration. 

Sec. 525. Department of Justice. 

Sec. 526. Funding source. 

Sec. 527. Deterrent against terrorist activity 

damaging a Federal interest 

computer. 

TITLE VI—CRIMINAL PROCEDURAL 

IMPROVEMENTS 

Subtitle A—Habeas Corpus Reform 

Sec. 601. Filing deadlines. 

Sec. 602. Appeal. 

Sec. 603. Amendment of Federal Rules of Appellate Procedure. 

Sec. 604. Section 2254 amendments. 

Sec. 605. Section 2255 amendments. 

Sec. 606. Limits on second or successive applications. 

Sec. 607. Death penalty litigation procedures. 

Sec. 608. Technical amendment. 

Subtitle B—Criminal Procedural 

Improvements 

Sec. 621. Clarification and extension of 

criminal jurisdiction over certain terrorism offenses overseas. 

Sec. 622. Expansion of territorial sea. 

Sec. 623. Expansion of weapons of mass destruction statute. 

Sec. 624. Addition of terrorism offenses to 

the RICO statute. 

Sec. 625. Addition of terrorism offenses to 

the money laundering statute. 

Sec. 626. Protection of current or former officials, officers, or employees of 

the United States. 

Sec. 627. Addition of conspiracy to terrorism 

offenses. 

Sec. 628. Clarification of Federal jurisdiction over bomb threats. 

TITLE VII—MARKING OF PLASTIC 

EXPLOSIVES 

Sec. 701. Findings and purposes. 

Sec. 702. Definitions. 

Sec. 703. Requirement of detection agents 

for plastic explosives. 

Sec. 704. Criminal sanctions. 

Sec. 705. Exceptions. 

Sec. 706. Investigative authority. 

Sec. 707. Effective date. 

Sec. 708. Study on tagging of explosive materials. 

TITLE VIII—NUCLEAR MATERIALS 

Sec. 801. Findings and purpose. 

Sec. 802. Expansion of scope and jurisdictional bases of nuclear materials prohibitions. 

TITLE IX—MISCELLANEOUS PROVISIONS 

Sec. 901. Severability. 

TITLE I—SUBSTANTIVE CRIMINAL LAW 

ENHANCEMENTS 

SEC. 101. INCREASED PENALTY FOR CONSPIRACIES INVOLVING EXPLOSIVES. 

Section 844 of title 18, United States Code, 

is amended by adding at the end the following new subsection: 

‘‘(n) Except as otherwise provided in this 

section, a person who conspires to commit 

any offense defined in this chapter shall be 

subject to the same penalties (other than the 

penalty of death) as those prescribed for the 

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

SEC. 102. ACTS OF TERRORISM TRANSCENDING 

NATIONAL BOUNDARIES. 

(a) REDESIGNATION.—(1) Chapter 113B of 

title 18, United States Code (relating to torture) is redesignated as chapter 113C. 

(2) The chapter analysis of title 18, United 

States Code, is amended by striking ‘‘113B’’

the second place it appears and inserting 

‘‘113C’’. 

(b) OFFENSE.—Chapter 113B of title 18, 

United States Code, is amended by inserting 

after section 2332a the following new section: 

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

‘‘(a) PROHIBITED ACTS.—

‘‘(1) Whoever, in a circumstance described 

in subsection (b), commits an act within the 

United States that if committed within the 

special maritime and territorial jurisdiction 

of the United States would be in violation of 

section 113 (a), (b), (c), or (f), 114, 1111, 1112, 

1201, or 1363 shall be punished as prescribed 

in subsection (c). 

‘‘(2) Whoever threatens, attempts, or conspires to commit an offense under paragraph 

(1) shall be punished under subsection (c). 

‘‘(b) JURISDICTIONAL BASES.—

‘‘(1) This section applies to conduct described in subsection (a) if—

‘‘(A) the mail, or any facility utilized in 

interstate commerce, is used in furtherance 

of the commission of the offense; 

‘‘(B) the offense destructs, delays, or affects interstate or foreign commerce in any 

way or degree, or would have obstructed, delayed, or affected interstate or foreign commerce if the offense had been consummated; 

‘‘(C) the victim or intended victim is the 

United States Government or any official, 

officer, employee, or agent of the legislative, 

executive, or judicial branches, or of any department or agency, of the United States; 

‘‘(D) the structure, conveyance, or other 

real or personal property was in whole or in 

part owned, possessed, or used by, or leased 

to the United States, or any department or 

agency thereof; 

‘‘(E) the offense is committed in the territorial sea (including the airspace above and 

the seabed and subsoil below, and artificial 

islands and fixed structures erected thereon) 

of the United States; or 

‘‘(F) the offense is committed in places 

within the United States that are in the special maritime and territorial jurisdiction of 

the United States. 

‘‘(2) Jurisdiction shall exist over all principals, coconspirators, and accessories after 

the fact, of an offense under subsection (a) if 

at least one of the circumstances described 

in paragraph (1) is applicable to at least one 

offender. 

‘‘(c) PENALTIES.—

‘‘(1) Whoever violates this section shall, in 

addition to the punishment provided for any 

other crime charged in the indictment, be 

punished—

‘‘(A) if death results to any person, by 

death, or by imprisonment for any term of 

years or for life; 

‘‘(B) for kidnapping, by imprisonment for 

any term of years or for life; 

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

more than 35 years; 

‘‘(D) for assault with a dangerous weapon 

or assault resulting in serious bodily injury, 

by imprisonment for not more than 30 years; 

‘‘(E) for destroying or damaging any structure, conveyance, or other real or personal 

property, by imprisonment for not more 

than 25 years; 

‘‘(F) for attempting or conspiring to commit the offense, for any term of years up to 

the maximum punishment that would have 

applied had the offense been completed; and 

‘‘(G) for threatening to commit the offense, 

by imprisonment for not more than 10 years. 

‘‘(2) Notwithstanding any other provision 

of law, the court shall not place on probation 

any person convicted of a violation of this 

section. 

‘‘(d) LIMITATION ON PROSECUTION.—No indictment for any offense described in this 

section shall be sought by the United States 

except after the Attorney General, or the 

highest ranking subordinate of the Attorney 

General with responsibility for criminal 

prosecutions, has made a written certification that, in the judgment of the certifying official—

‘‘(1) such offense, or any activity preparatory to its commission, transcended national boundaries; and 

‘‘(2) the offense appears to have been intended to coerce, intimidate, or retaliate 

against a government or a civilian population, including any segment thereof. 

‘‘(e) INVESTIGATIVE RESPONSIBILITY.—Violations of this section shall be investigated by 

the Federal Bureau of Investigation. Nothing 

in this section shall be construed to interfere 

with the authority of the United States Secret Service under section 3056, or with its 

investigative authority with respect to sections 871 and 879. 

‘‘(f) EVIDENCE.—In a prosecution under this 

section, the United States shall not be required to prove knowledge by any defendant 

of a jurisdictional base alleged in the indictment. 

‘‘(g) EXTRATERRITORIAL JURISDICTION.—

There is extraterritorial Federal jurisdiction 

over—

‘‘(1) any offense under subsection (a); and 

‘‘(2) conduct that, under section 3, renders 

any person an accessory after the fact to an 

offense under subsection (a). 

‘‘(h) DEFINITIONS.—As used in this section—

‘‘(1) the term ‘commerce’ has the meaning 

given such term in section 1951(b)(3); 

‘‘(2) the term ‘facility utilized in any manner in commerce’ includes means of transportation, communication, and transmission; 

‘‘(3) the term ‘national of the United 

States’ has the meaning given such term in 

section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); 

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

the meaning given such term in section 

1365(g)(3); and 

‘‘(5) the term ‘territorial sea of the United 

States’ means all waters extending seaward 

to 12 nautical miles from the baselines of the 

United States determined in accordance with 

international law.’’. 

(c) TECHNICAL AMENDMENT.—The chapter 

analysis for Chapter 113B of title 18, United 

States Code, is amended by inserting after 

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

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

(d) STATUTE OF LIMITATIONS AMENDMENT.—

Section 3286 of title 18, United States Code, 

is amended—

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

‘‘any noncapital offense’’; 

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

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

(4) by striking ‘‘2339’’ and inserting 

‘‘2332a’’; and 

(5) by inserting ‘‘2332b (acts of terrorism 

transcending national boundaries),’’ after 

‘‘(use of weapons of mass destruction),’’. 

(e) PRESUMPTIVE DETENTION.—Section 

3142(e) of title 18, United States Code, is 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS

May 25, 1995 CONGRESSIONAL RECORD— SENATE S7555 

amended by inserting ‘‘or section 2332b’’

after ‘‘section 924(c)’’. 

SEC. 103. CONSPIRACY TO HARM PEOPLE AND 

PROPERTY OVERSEAS. 

(a) IN GENERAL.—Section 956 of title 18, 

United States Code, is amended to read as 

follows: 

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

injure certain property in a foreign country 

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

the United States, conspires with one or 

more other persons, regardless of where such 

other person or persons is located, to commit 

at any place outside the United States an act 

that would constitute the offense of murder, 

kidnapping, or maiming if committed in the 

special maritime and territorial jurisdiction 

of the United States, shall, if he or any such 

other person commits an act within the jurisdiction of the United States to effect any 

object of the conspiracy, be punished as provided in paragraph (2). 

‘‘(2) The punishment for an offense under 

paragraph (1) is—

‘‘(A) imprisonment for any term of years 

or for life if the offense is conspiracy to murder or kidnap; and 

‘‘(B) imprisonment for not more than 35 

years if the offense is conspiracy to maim. 

‘‘(b) Whoever, within the jurisdiction of 

the United States, conspires with one or 

more persons, regardless of where such other 

person or persons is located, to injure or destroy specific property situated within a foreign country and belonging to a foreign government or to any political subdivision 

thereof with which the United States is at 

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

airfield, or other public utility, public conveyance, or public structure, or any religious, educational, or cultural property so 

situated, shall, if he or any such other person commits an act within the jurisdiction 

of the United States to effect any object of 

the conspiracy, be imprisoned not more than 

25 years.’’. 

(b) CLERICAL AMENDMENT.—The chapter 

analysis for chapter 45 of title 18, United 

States Code, is amended by striking the item 

relating to section 956 and inserting the following: 

‘‘956. Conspiracy to kill, kidnap, maim, or injure certain property in a foreign country.’’. 

SEC. 104. INCREASED PENALTIES FOR CERTAIN 

TERRORISM CRIMES. 

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

Code, is amended—

(1) in section 114, by striking ‘‘maim or disfigure’’ and inserting ‘‘torture (as defined in 

section 2340), maim, or disfigure’’; 

(2) in section 755, by striking ‘‘two years’’

and inserting ‘‘five years’’; 

(3) in section 756, by striking ‘‘one year’’

and inserting ‘‘five years’’; 

(4) in section 878(a), by striking ‘‘by killing, kidnapping, or assaulting a foreign official, official guest, or internationally protected person’’; 

(5) in section 1113, by striking ‘‘three years 

or fined’’ and inserting ‘‘seven years’’; and 

(6) in section 2332(c), by striking ‘‘five’’ and 

inserting ‘‘ten’’. 

(b) PENALTY FOR CARRYING WEAPONS OR EXPLOSIVES ON AN AIRCRAFT.—Section 46505(b) 

of title 49, United States Code, is amended by 

striking ‘‘one’’ and inserting ‘‘ten’’. 

SEC. 105. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE MATERIAL 

KNOWING THAT IT WILL BE USED TO 

COMMIT A CRIME OF VIOLENCE. 

Section 844 of title 18, United States Code, 

is amended by adding at the end the following new subsection: 

‘‘(n) Whoever knowingly transfers an explosive material, knowing or having reasonable cause to believe that such explosive material will be used to commit a crime of violence (as defined in section 924(c)(3)) or drug 

trafficking crime (as defined in section 

924(c)(2)) shall be imprisoned for not less 

than 10 years, fined under this title, or 

both.’’. 

SEC. 106. PENALTY FOR POSSESSION OF STOLEN 

EXPLOSIVES. 

Section 842(h) of title 18, United States 

Code, is amended to read as follows: 

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

receive, possess, transport, ship, conceal, 

store, barter, sell, dispose of, pledge, or accept as security for a loan, any stolen explosive material that is moving in, part of, constitutes, or has been shipped or transported 

in, interstate or foreign commerce, either 

before or after such material was stolen, 

knowing or having reasonable cause to believe that the explosive material was stolen.’’. 

SEC. 107. ENHANCED PENALTIES FOR USE OF EXPLOSIVES OR ARSON CRIMES. 

Section 844 of title 18, United States Code, 

is amended—

(1) in subsection (e), by striking ‘‘five’’ and 

inserting ‘‘10’’; 

(2) by amending subsection (f) to read as 

follows: 

‘‘(f)(1) Whoever maliciously damages or destroys, or attempts to damage or destroy, by 

means of fire or an explosive, any building, 

vehicle, or other personal or real property in 

whole or in part owned or possessed by, or 

leased to, the United States, or any department or agency thereof, shall be imprisoned 

for not less than 5 years and not more than 

20 years, fined the greater of $100,000 or the 

cost of repairing or replacing any property 

that is damaged or destroyed, or both. 

‘‘(2) Whoever engages in conduct prohibited 

by this subsection shall be imprisoned not 

less than 7 years and not more than 40 years, 

fined the greater of $200,000 or the cost of repairing or replacing any property that is 

damaged or destroyed, or both, if the conduct results in personal injury to any person, 

including any public safety officer performing duties, as a direct or proximate result of such conduct. 

‘‘(3) Whoever engages in conduct prohibited 

by this subsection shall be imprisoned for 

any term of years, for life, or sentenced to 

death, fined the greater of $200,000 or the cost 

of repairing or replacing any property that is 

damaged or destroyed, or both, if the conduct results in death to any person, including any public safety officer performing duties, as a direct or proximate result of such 

conduct.’’; 

(4) in subsection (h)—

(A) in the first sentence by striking ‘‘5 

years but not more than 15 years’’ and inserting ‘‘10 years’’; and 

(B) in the second sentence by striking ‘‘10 

years but not more than 25 years’’ and inserting ‘‘20 years’’; and 

(5) in subsection (i)—

(A) by striking ‘‘not more than 20 years, 

fined the greater of a fine under this title or 

the cost of repairing or replacing any property that is damaged or destroyed,’’ and inserting ‘‘not less than 5 years and not more 

than 20 years, fined the greater of $100,000 or 

the cost of repairing or replacing any property that is damaged or destroyed’’; 

(B) by striking ‘‘not more than 40 years, 

fined the greater of a fine under this title or 

the cost of repairing or replacing any property that is damaged or destroyed,’’ and inserting ‘‘not less than 7 years and not more 

than 40 years, fined the greater of $200,000 or 

the cost of repairing or replacing any property that is damaged or destroyed’’; and 

(C) by striking ‘‘7 years’’ and inserting ‘‘10 

years’’. 

TITLE II—COMBATING INTERNATIONAL 

TERRORISM 

SEC. 201. FINDINGS. 

The Congress finds that—

(1) international terrorism is among the 

most serious transnational threats faced by 

the United States and its allies, far eclipsing 

the dangers posed by population growth or 

pollution; 

(2) the President should continue to make 

efforts to counter international terrorism a 

national security priority; 

(3) because the United Nations has been an 

inadequate forum for the discussion of cooperative, multilateral responses to the threat 

of international terrorism, the President 

should undertake immediate efforts to develop effective multilateral responses to 

international terrorism as a complement to 

national counterterrorist efforts; 

(4) the President should use all necessary 

means, including covert action and military 

force, to disrupt, dismantle, and destroy 

international infrastructure used by international terrorists, including overseas terrorist training facilities and safe havens; 

(5) the Congress deplores decisions to ease, 

evade, or end international sanctions on 

state sponsors of terrorism, including the recent decision by the United Nations Sanctions Committee to allow airline flights to 

and from Libya despite Libya’s noncompliance with United Nations resolutions; and 

(6) the President should continue to undertake efforts to increase the international 

isolation of state sponsors of international 

terrorism, including efforts to strengthen 

international sanctions, and should oppose 

any future initiatives to ease sanctions on 

Libya or other state sponsors of terrorism. 

SEC. 202. PROHIBITION ON ASSISTANCE TO 

COUNTRIES THAT AID TERRORIST 

STATES. 

The Foreign Assistance Act of 1961 (22 

U.S.C. 151 et seq.) is amended by adding immediately after section 620F the following 

new section: 

‘‘SEC. 620G. PROHIBITION ON ASSISTANCE TO 

COUNTRIES THAT AID TERRORIST 

STATES. 

‘‘No assistance under this Act shall be provided to the government of any country that 

provides assistance to the government of any 

other country for which the Secretary of 

State has made a determination under section 620A.’’. 

SEC. 203. PROHIBITION ON ASSISTANCE TO 

COUNTRIES THAT PROVIDE MILITARY EQUIPMENT TO TERRORIST 

STATES. 

The Foreign Assistance Act of 1961 (22 

U.S.C. 151 et seq.) is amended by adding immediately after section 620G the following 

new section: 

‘‘SEC. 620H. PROHIBITION ON ASSISTANCE TO 

COUNTRIES THAT PROVIDE MILITARY EQUIPMENT TO TERRORIST 

STATES. 

‘‘(a) PROHIBITION.—

‘‘(1) IN GENERAL.—No assistance under this 

Act shall be provided to the government of 

any country that provides lethal military 

equipment to a country the government of 

which the Secretary of State has determined 

is a terrorist government for the purposes of 

6(j) of the Export Administration Act of 1979 

(50 U.S.C. App. 2405(j)), or 620A of the Foreign 

Assistance Act of 1961 (22 U.S.C. 2371). 

‘‘(2) APPLICABILITY.—The prohibition under 

this section with respect to a foreign government shall terminate 1 year after that government ceases to provide lethal military 

equipment. This section applies with respect 

to lethal military equipment provided under 

a contract entered into after the date of enactment of this Act. 

‘‘(b) WAIVER.—Notwithstanding any other 

provision of law, assistance may be furnished 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS

S7556 CONGRESSIONAL RECORD— SENATE May 25, 1995 

to a foreign government described in subsection (a) if the President determines that 

furnishing such assistance is important to 

the national interests of the United States 

and, not later than 15 days before obligating 

such assistance, furnishes a report to the appropriate committees of Congress including—

‘‘(1) a statement of the determination; 

‘‘(2) a detailed explanation of the assistance to be provided; 

‘‘(3) the estimated dollar amount of the assistance; and 

‘‘(4) an explanation of how the assistance 

furthers United States national interests.’’. 

SEC. 204. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL INSTITUTIONS TO TERRORIST STATES. 

The International Financial Institutions 

Act (22 U.S.C. 262c et seq.) is amended by inserting after section 1620 the following new 

section: 

‘‘SEC. 1621. OPPOSITION TO ASSISTANCE BY 

INTERNATIONAL FINANCIAL INSTITUTIONS TO TERRORIST STATES. 

‘‘(a) IN GENERAL.—The Secretary of the 

Treasury shall instruct the United States executive director of each international financial institution to vote against any loan or 

other use of the funds of the respective institution to or for a country for which the Secretary of State has made a determination 

under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section 620A of the Foreign Assistance Act of 

1961 (22 U.S.C. 2371). 

‘‘(b) DEFINITION.—For purposes of this section, the term ‘international financial institution’ includes—

‘‘(1) the International Bank for Reconstruction and Development, the International Development Association, and the 

International Monetary Fund; 

‘‘(2) wherever applicable, the Inter-American Bank, the Asian Development Bank, the 

European Bank for Reconstruction and Development, the African Development Bank, 

and the African Development Fund; and 

‘‘(3) any similar institution established 

after the date of enactment of this section.’’. 

SEC. 205. ANTITERRORISM ASSISTANCE. 

(a) FOREIGN ASSISTANCE ACT.—Section 573 

of the Foreign Assistance Act of 1961 (22 

U.S.C. 2349aa–2) is amended—

(1) in subsection (c), by striking ‘‘development and implementation of the 

antiterrorism assistance program under this 

chapter, including’’; 

(2) by amending subsection (d) to read as 

follows: 

‘‘(d)(1) Arms and ammunition may be provided under this chapter only if they are directly related to antiterrorism assistance. 

‘‘(2) The value (in terms of original acquisition cost) of all equipment and commodities provided under this chapter in any fiscal year shall not exceed 30 percent of the 

funds made available to carry out this chapter for that fiscal year.’’; and 

(3) by striking subsection (f). 

(b) ASSISTANCE TO FOREIGN COUNTRIES.—

Notwithstanding any other provision of law 

(except section 620A of the Foreign Assistance Act of 1961) up to $1,000,000 in assistance 

may be provided to a foreign country for 

counterterrorism efforts in any fiscal year 

if—

(1) such assistance is provided for the purpose of protecting the property of the United 

States Government or the life and property 

of any United States citizen, or furthering 

the apprehension of any individual involved 

in any act of terrorism against such property 

or persons; and 

(2) the appropriate committees of Congress 

are notified not later than 15 days prior to 

the provision of such assistance. 

SEC. 206. JURISDICTION FOR LAWSUITS AGAINST 

TERRORIST STATES. 

(a) EXCEPTION TO FOREIGN SOVEREIGN IMMUNITY FOR CERTAIN CASES.—Section 1605 of 

title 28, United States Code, is amended—

(1) in subsection (a)—

(A) by striking the period at the end of 

paragraph (6) and inserting ‘‘; or’’ and 

(B) by adding at the end the following new 

paragraph: 

‘‘(7) not otherwise covered by paragraph (2) 

in which money damages are sought against 

a foreign government for personal injury or 

death that was caused by an act of torture, 

extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources (as defined in section 

2339A) for a person carrying out such an act, 

by a foreign state or by any official, employee, or agent of such foreign state while 

acting within the scope of his or her office, 

employment, or agency, except that—

‘‘(A) the claimant must first afford the foreign state a reasonable opportunity to arbitrate the claim in accordance with accepted 

international rules of arbitration; and 

‘‘(B) an action under this paragraph shall 

not be maintained unless the act upon which 

the claim is based—

‘‘(i) occurred while the individual bringing 

the claim was a national of the United 

States (as that term is defined in section 

101(a)(2) of the Immigration and Nationality 

Act); and 

‘‘(ii) occurred while the foreign state was 

designated as a state sponsor of terrorism 

under section 6(j) of the Export Administration Act of 1979 (50 App. U.S.C. 2405(j)) or section 620A of the Foreign Assistance Act of 

1961 (22 U.S.C. 2371).’’; and 

(2) by adding at the end the following new 

subsection: 

‘‘(e) For purposes of paragraph (7)—

‘‘(1) the terms ‘torture’ and ‘extrajudicial 

killing’ have the meaning given those terms 

in section 3 of the Torture Victim Protection 

Act of 1991 (28 U.S.C. 350 note); 

‘‘(2) the term ‘hostage taking’ has the 

meaning given such term in Article 1 of the 

International Convention Against the Taking of Hostages; and 

‘‘(3) the term ‘aircraft sabotage’ has the 

meaning given such term in Article 1 of the 

Convention for the Suppression of Unlawful 

Acts Against the Safety of Civil Aviation.’’. 

(b) EXCEPTION TO IMMUNITY FROM ATTACHMENT.—

(1) FOREIGN STATE.—Section 1610(a) of title 

28, United States Code, is amended—

(A) by striking the period at the end of 

paragraph (6) and inserting ‘‘, or’’; and 

(B) by adding at the end the following new 

paragraph: 

‘‘(7) the judgment relates to a claim for 

which the foreign state is not immune under 

section 1605(a)(7), regardless of whether the 

property is or was involved with the act upon 

which the claim is based.’’. 

(2) AGENCY OR INSTRUMENTALITY.—Section 

1610(b)(2) of such title is amended—

(A) by striking ‘‘or (5)’’ and inserting ‘‘(5), 

or (7)’’; and 

(B) by striking ‘‘used for the activity’’ and 

inserting ‘‘involved in the act’’. 

(c) APPLICABILITY.—The amendments made 

by this title shall apply to any cause of action arising before, on, or after the date of 

the enactment of this Act. 

SEC. 207. REPORT ON SUPPORT FOR INTERNATIONAL TERRORISTS. 

Not later than 60 days after the date of enactment of this Act, and annually thereafter 

in the report required by section 140 of the 

Foreign Relations Authorization Act, Fiscal 

Years 1988 and 1989 (22 U.S.C. 2656f), the Secretary of State shall submit a report to the 

Speaker of the House of Representatives and 

the Committee on Foreign Relations of the 

Senate that includes—

(1) a detailed assessment of international 

terrorist groups including their—

(A) size, leadership, and sources of financial and logistical support; 

(B) goals, doctrine, and strategy; 

(C) nature, scope, and location of human 

and technical infrastructure; 

(D) level of education and training; 

(E) bases of operation and recruitment; 

(F) operational capabilities; and 

(G) linkages with state and non-state actors such as ethnic groups, religious communities, or criminal organizations; 

(2) a detailed assessment of any country 

that provided support of any type for international terrorism, terrorist groups, or individual terrorists, including countries that 

knowingly allowed terrorist groups or individuals to transit or reside in their territory, 

regardless of whether terrorist acts were 

committed on their territory by such individuals; 

(3) a detailed assessment of individual 

country efforts to take effective action 

against countries named in section 6(j) of the 

Export Administration Act of 1979 (50 U.S.C. 

App. 2405(j)), including the status of compliance with international sanctions and the 

status of bilateral economic relations; and 

(4) United States Government efforts to 

implement this title. 

SEC. 208. DEFINITION OF ASSISTANCE. 

For purposes of this title—

(1) the term ‘‘assistance’’ means assistance 

to or for the benefit of a government of any 

country that is provided by grant, 

concessional sale, guaranty, insurance, or by 

any other means on terms more favorable 

than generally available in the applicable 

market, whether in the form of a loan, lease, 

credit, debt relief, or otherwise, including 

subsidies for exports to such country and favorable tariff treatment of articles that are 

the growth, product, or manufacture of such 

country; and 

(2) the term ‘‘assistance’’ does not include 

assistance of the type authorized under chapter 9 of part 1 of the Foreign Assistance Act 

of 1961 (relating to international disaster assistance). 

SEC. 209. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF APPLICATION 

FOR VISAS. 

Section 212(b) of the Immigration and Nationality Act (8 U.S.C. 1182(b)) is amended—

(1) by redesignating paragraphs (1) and (2) 

as subparagraphs (A) and (B), respectively; 

(2) by striking ‘‘If’’ and inserting ‘‘(1) Subject to paragraph (2), if’’; and 

(3) by inserting at the end the following 

paragraph: 

‘‘(2) With respect to applications for visas, 

the Secretary of State may waive the application of paragraph (1) in the case of a particular alien or any class or classes of excludable aliens, except in cases of intent to 

immigrate.’’. 

SEC. 210. MEMBERSHIP IN A TERRORIST ORGANIZATION AS A BASIS FOR EXCLUSION 

FROM THE UNITED STATES UNDER 

THE IMMIGRATION AND NATIONALITY ACT. 

Section 212(a)(3)(B) of the Immigration and 

Nationality Act (8 U.S.C. 1182(a)(3)(B)) is 

amended—

(1) in clause (i)—

(A) by striking ‘‘or’’ at the end of subclause (I); 

(B) by inserting ‘‘or’’ at the end of subclause (II); and 

(C) by inserting after subclause (II) the following new subclause: 

‘‘(III) is a member of a terrorist organization or who actively supports or advocates 

terrorist activity,’’; and 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS

May 25, 1995 CONGRESSIONAL RECORD— SENATE S7557 

(2) by adding at the end the following new 

clause: 

‘‘(iv) TERRORIST ORGANIZATION DEFINED.—

As used in this subparagraph, the term ‘terrorist organization’ means an organization 

that engages in, or has engaged in, terrorist 

activity as determined by the Secretary of 

State, after consultation with the Secretary 

of the Treasury.’’. 

TITLE III—ALIEN REMOVAL 

SEC. 301. ALIEN TERRORIST REMOVAL. 

(a) TABLE OF CONTENTS.—The Immigration 

and Nationality Act is amended by adding at 

the end of the table of contents the following: 

‘‘TITLE V—ALIEN TERRORIST REMOVAL 

PROCEDURES 

‘‘501. Definitions. 

‘‘502. Applicability. 

‘‘503. Removal of alien terrorists.’’. 

(b) ALIEN TERRORIST REMOVAL.—The Immigration and Nationality Act is amended by 

adding at the end the following new title: 

‘‘TITLE V—ALIEN TERRORIST REMOVAL 

PROCEDURES 

‘‘SEC. 501. DEFINITIONS. 

‘‘As used in this title—

‘‘(1) the term ‘alien terrorist’ means any 

alien described in section 241(a)(4)(B); 

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

the same meaning as defined in section 1(a) 

of the Classified Information Procedures Act 

(18 U.S.C. App. IV); 

‘‘(3) the term ‘national security’ has the 

same meaning as defined in section 1(b) of 

the Classified Information Procedures Act 

(18 U.S.C. App. IV); 

‘‘(4) the term ‘special court’ means the 

court described in section 503(c); and 

‘‘(5) the term ‘special removal hearing’

means the hearing described in section 

503(e). 

‘‘SEC. 502. APPLICABILITY. 

‘‘(a) IN GENERAL.—The provisions of this 

title may be followed in the discretion of the 

Attorney General whenever the Department 

of Justice has classified information that an 

alien described in section 241(a)(4)(B) is subject to deportation because of such section. 

‘‘(b) PROCEDURES.—Whenever an official of 

the Department of Justice files, under section 503(a), an application with the court established under section 503(c) for authorization to seek removal pursuant to this title, 

the alien’s rights regarding removal and expulsion shall be governed solely by the provisions of this title, except as specifically provided. 

‘‘SEC. 503. REMOVAL OF ALIEN TERRORISTS. 

‘‘(a) APPLICATION FOR USE OF PROCEDURES.—This section shall apply whenever 

the Attorney General certifies under seal to 

the special court that—

‘‘(1) the Attorney General or Deputy Attorney General has approved of the proceeding 

under this section; 

‘‘(2) an alien terrorist is physically present 

in the United States; and 

‘‘(3) removal of such alien terrorist by deportation proceedings described in sections 

242, 242A, or 242B would pose a risk to the national security of the United States because 

such proceedings would disclose classified information. 

‘‘(b) CUSTODY AND RELEASE PENDING HEARING.—(1) The Attorney General may take 

into custody any alien with respect to whom 

a certification has been made under subsection (a), and notwithstanding any other 

provision of law, may retain such alien in 

custody in accordance with this subsection. 

‘‘(2)(A) An alien with respect to whom a 

certification has been made under subsection 

(a) shall be given a release hearing before the 

special court designated pursuant to subsection (c). 

‘‘(B) The judge shall grant the alien release, subject to such terms and conditions 

prescribed by the court (including the posting of any monetary amount), pending the 

special removal hearing if—

‘‘(i) the alien is lawfully present in the 

United States; 

‘‘(ii) the alien demonstrates that the alien, 

if released, is not likely to flee; and 

‘‘(iii) the alien demonstrates that release 

of the alien will not endanger national security or the safety of any person or the community. 

‘‘(C) The judge may consider classified information submitted in camera and ex parte 

in making a determination whether to release an alien pending the special hearing. 

‘‘(c) SPECIAL COURT.—(1) The Chief Justice 

of the United States shall publicly designate 

not more than 5 judges from up to 5 United 

States judicial districts to hear and decide 

cases arising under this section, in a manner 

consistent with the designation of judges described in section 103(a) of the Foreign Intelligence Surveillance Act (50 U.S.C. 1803(a)). 

‘‘(2) The Chief Justice may, in the Chief 

Justice’s discretion, designate the same 

judges under this section as are designated 

pursuant to section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

1803(a)). 

‘‘(d) INVOCATION OF SPECIAL COURT PROCEDURE.—(1) When the Attorney General makes 

the application described in subsection (a), a 

single judge of the special court shall consider the application in camera and ex parte. 

‘‘(2) The judge shall invoke the procedures 

of subsection (e) if the judge determines that 

there is probable cause to believe that—

‘‘(A) the alien who is the subject of the application has been correctly identified and is 

an alien as described in section 241(a)(4)(B); 

and 

‘‘(B) a deportation proceeding described in 

section 242, 242A, or 242B would pose a risk to 

the national security of the United States 

because such proceedings would disclose 

classified information. 

‘‘(e) SPECIAL REMOVAL HEARING.—(1) Except as provided in paragraph (5), the special 

removal hearing authorized by a showing of 

probable cause described in subsection (d)(2) 

shall be open to the public. 

‘‘(2) The alien shall have a reasonable opportunity to be present at such hearing and 

to be represented by counsel. Any alien financially unable to obtain counsel shall be 

entitled to have counsel assigned to represent such alien. Counsel may be appointed 

as described in section 3006A of title 18, 

United States Code. 

‘‘(3) The alien shall have a reasonable opportunity to introduce evidence on his own 

behalf, and except as provided in paragraph 

(5), shall have a reasonable opportunity to 

cross-examine any witness or request that 

the judge issue a subpoena for the presence 

of a named witness. 

‘‘(4)(A) An alien subject to removal under 

this section shall have no right—

‘‘(i) of discovery of information derived 

from electronic surveillance authorized 

under the Foreign Intelligence Surveillance 

Act of 1978 (50 U.S.C. 801 et seq.) or otherwise 

for national security purposes if disclosure 

would present a risk to the national security; or 

‘‘(ii) to seek the suppression of evidence 

that the alien alleges was unlawfully obtained, except on grounds of credibility or 

relevance. 

‘‘(B) The Government is authorized to use, 

in the removal proceedings, the fruits of 

electronic surveillance and unconsented 

physical searches authorized under the Foreign Intelligence Surveillance Act of 1978 (50 

U.S.C. 801 et seq.) without regard to subsections 106 (c), (e), (f), (g), and (h) of such 

Act. 

‘‘(C) Section 3504 of title 18, United States 

Code, shall not apply to procedures under 

this section if the Attorney General determines that public disclosure would pose a 

risk to the national security of the United 

States because it would disclose classified 

information. 

‘‘(5) The judge shall authorize the introduction in camera and ex parte of any item 

of evidence for which the Attorney General 

determines that public disclosure would pose 

a risk to the national security of the United 

States because it would disclose classified 

information. With respect to such evidence, 

the Attorney General shall submit to the 

court an unclassified summary of the specific evidence prepared in accordance with 

paragraph (6). 

‘‘(6)(A) The information submitted under 

paragraph (5)(B) shall contain an unclassified summary of the classified information 

that does not pose a risk to national security. 

‘‘(B) The judge shall approve the summary 

if the judge finds that it is sufficient to inform the alien of the nature of the evidence 

that such person is an alien as described in 

section 241(a), and to permit the alien to prepare a defense. 

‘‘(C) The Attorney General shall cause to 

be delivered to the alien a copy of the unclassified summary approved under subparagraph (B). 

‘‘(D) If the written unclassified summary is 

not approved by the court, the Department 

of Justice shall be afforded reasonable opportunity to correct the deficiencies identified 

by the court and submit a revised unclassified summary. 

‘‘(E) If the revised unclassified summary is 

not approved by the court, the special removal hearing shall be terminated unless the 

court, after reviewing the classified information in camera and ex parte finds, by clear 

and convincing evidence, that—

‘‘(i) the alien’s continued presence in the 

United States—

‘‘(I) would cause serious and irreparable 

harm to the national security; or 

‘‘(II) would likely cause imminent death or 

serious bodily injury to any person; and 

‘‘(ii) provision of the required unclassified 

summary—

‘‘(I) would cause serious and irreparable 

harm to the national security; or 

‘‘(II) would likely cause imminent death or 

serious bodily injury to any person. 

‘‘(F) If such finding is issued, the special 

removal hearing shall continue. The Department of Justice shall cause to be delivered to 

the alien a statement declaring that no unclassified summary is possible. The alien 

may take an interlocutory appeal of a determination to proceed under this paragraph. 

‘‘(G) In no event may the court order the 

disclosure of the unclassified summary or 

the classified information. 

‘‘(H) If no unclassified summary pursuant 

to subparagraph (E) is possible, the Attorney 

General shall—

‘‘(i) identify the facts that the specific evidence would tend to prove; and 

‘‘(ii) provide the alien with notice that no 

unclassified summary is possible and that 

states that the alien’s continued presence in 

the United States poses a serious threat to 

national security or imminent death or bodily injury to any person. 

‘‘(I)(i) The Department of Justice may take 

an interlocutory appeal to the United States 

Court of Appeals for the District of Columbia 

Circuit of—

‘‘(I) any determination by the judge pursuant to subparagraph (B) concerning whether 

an item of evidence may be introduced in 

camera and ex parte; 

‘‘(II) any determination by the judge concerning the contents of any summary of evidence to be introduced in camera and ex 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS

S7558 CONGRESSIONAL RECORD— SENATE May 25, 1995 

parte prepared pursuant to subparagraph (D); 

or 

‘‘(III) the refusal of the court to make the 

finding permitted by subparagraph (D). 

‘‘(ii) In an interlocutory appeal taken 

under this paragraph, the entire record, including any proposed order of the judge or 

summary of evidence, shall be transmitted 

to the Court of Appeals under seal, and the 

matter shall be heard ex parte. The Court of 

Appeals shall consider the appeal as expeditiously as possible. 

‘‘(f) DETERMINATION OF DEPORTATION.—The 

judge shall, considering the evidence on the 

record as a whole (in camera and otherwise), 

require that the alien be deported if the Attorney General proves, by clear and convincing evidence, that the alien is subject to 

deportation because such alien is an alien as 

described in section 241(a)(4)(B). If the judge 

finds that the Department of Justice has met 

this burden, the judge shall order the alien 

removed and, if the alien was released pending the special removal proceeding, order the 

Attorney General to take the alien into custody. 

‘‘(g) APPEALS.—(1) The alien may appeal a 

final determination under subsection (f) to 

the United States Court of Appeals for the 

District of Columbia Circuit, by filing a notice of appeal with such court not later than 

30 days after the determination is made. An 

appeal under this section shall be heard by 

the Court of Appeals sitting en banc. 

‘‘(2) The Attorney General may appeal a 

determination under subsection (d), (e), or (f) 

to the Court of Appeals for the District of 

Columbia Circuit, by filing a notice of appeal 

with such court not later than 20 days after 

the determination is made under any one of 

such subsections. 

‘‘(3) If the Department of Justice does not 

seek review, the alien shall be released from 

custody, unless such alien may be arrested 

and taken into custody pursuant to title II 

as an alien subject to deportation, in which 

case such alien shall be treated in accordance with the provisions of this Act concerning the deportation of aliens. 

‘‘(4) If the application for the order is denied because the judge has not found probable cause to believe that the alien who is 

the subject of the application has been correctly identified or is an alien as described in 

paragraph 4(B) of section 241(a), and the Department of Justice seeks review, the alien 

shall be released from custody unless such 

alien may be arrested and taken into custody pursuant to title II as an alien subject 

to deportation, in which case such alien shall 

be treated in accordance with the provisions 

of this Act concerning the deportation of 

aliens simultaneously with the application 

of this title. 

‘‘(5)(A) If the application for the order is 

denied based on a finding that no probable 

cause exists to find that adherence to the 

provisions of title II regarding the deportation of the identified alien would pose a risk 

of irreparable harm to the national security 

of the United States, or death or serious bodily injury to any person, the judge shall release the alien from custody subject to the 

least restrictive condition or combination of 

conditions of release described in section 

3142(b) and (c)(1)(B) (i) through (xiv) of title 

18, United States Code, that will reasonably 

ensure the appearance of the alien at any future proceeding pursuant to this title and 

will not endanger the safety of any other 

person or the Community. 

‘‘(B) The alien shall remain in custody if 

the court fails to make a finding under subparagraph (A), until the completion of any 

appeal authorized by this title. Sections 3145 

through 3148 of title 18, United States Code, 

pertaining to review and appeal of a release 

or detention order, penalties for failure to 

appear, penalties for an offense committed 

while on release, and sanctions for violation 

of a release condition, shall apply to an alien 

to whom the previous sentence applies and—

‘‘(i) for purposes of section 3145 of such 

title, an appeal shall be taken to the United 

States Court of Appeals for the District of 

Columbia Circuit; and 

‘‘(ii) for purposes of section 3146 of such 

title the alien shall be considered released in 

connection with a charge of an offense punishable by life imprisonment. 

‘‘(6) When requested by the Attorney General, the entire record of the proceeding 

under this section shall be transmitted to 

the court of appeals or the Supreme Court 

under seal. The court of appeals or Supreme 

Court may consider such appeal in camera.’’. 

SEC. 302. EXTRADITION OF ALIENS. 

(a) SCOPE.—Section 3181 of title 18, United 

States Code, is amended—

(1) by inserting ‘‘(a)’’ before ‘‘The provisions of this chapter’’; and 

(2) by adding at the end the following new 

subsections: 

‘‘(b) The provisions of this chapter shall be 

construed to permit, in the exercise of comity, the surrender of persons, other than citizens, nationals, or permanent residents of 

the United States, who have committed 

crimes of violence against nationals of the 

United States in foreign countries without 

regard to the existence of any treaty of extradition with such foreign government if 

the Attorney General certifies, in writing, 

that—

‘‘(1) evidence has been presented by the foreign government that indicates that had the 

offenses been committed in the United 

States, they would constitute crimes of violence as defined under section 16 of this title; 

and 

‘‘(2) the offenses charged are not of a political nature. 

‘‘(c) As used in this section, the term ‘national of the United States’ has the meaning 

given such term in section 101(a)(22) of the 

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

1101(a)(22)).’’. 

(b) FUGITIVES.—Section 3184 of title 18, 

United States Code, is amended—

(1) in the first sentence by inserting after 

‘‘United States and any foreign government,’’ the following: ‘‘or in cases arising 

under section 3181(b),’’; 

(2) in the first sentence by inserting after 

‘‘treaty or convention,’’ the following: ‘‘or 

provided for under section 3181(b),’’; and 

(3) in the third sentence by inserting after 

‘‘treaty or convention,’’ the following: ‘‘or 

under section 3181(b),’’. 

SEC. 303. CHANGES TO THE IMMIGRATION AND 

NATIONALITY ACT TO FACILITATE 

REMOVAL OF ALIEN TERRORISTS. 

(a) TERRORISM ACTIVITIES.—Section 

212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) is amended 

to read as follows: 

‘‘(B) TERRORISM ACTIVITIES.—

‘‘(i) IN GENERAL.—Any alien who—

‘‘(I) has engaged in a terrorism activity, or 

‘‘(II) a consular officer or the Attorney 

General knows, or has reason to believe, is 

likely to engage after entry in any terrorism 

activity (as defined in clause (iii)), 

is excludable. An alien who is an officer, official, representative, or spokesman of any 

terrorist organization designated as a terrorist organization by proclamation by the 

President after finding such organization to 

be detrimental to the interest of the United 

States, or any person who directs, counsels, 

commands, or induces such organization or 

its members to engage in terrorism activity, 

shall be considered, for purposes of this Act, 

to be engaged in terrorism activity. 

‘‘(ii) TERRORISM ACTIVITY DEFINED.—As 

used in this Act, the term ‘terrorism activity’ means any activity that is unlawful 

under the laws of the place where it is committed (or which, if it had been committed in 

the United States, would be unlawful under 

the laws of the United States or any State), 

and that involves any of the following: 

‘‘(I) The hijacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle). 

‘‘(II) The seizing or detaining, and threatening to kill, injure, or continue to detain, 

another individual to compel a third person 

(including a governmental organization) to 

do or abstain from doing any act as an explicit or implicit condition for the release of 

the individual seized or detained. 

‘‘(III) A violent attack upon an internationally protected person (as defined in 

section 1116(b)(4) of title 18, United States 

Code) or upon the liberty of such a person. 

‘‘(IV) An assassination. 

‘‘(V) The use of any—

‘‘(aa) biological agent, chemical agent, or 

nuclear weapon or device, or 

‘‘(bb) explosive, firearm, or other weapon 

(other than for mere personal monetary 

gain), 

with intent to endanger, directly, or indirectly, the safety of one or more individuals 

or to cause substantial damage to property. 

‘‘(VI) A threat, attempt, or conspiracy to 

do any of the foregoing. 

‘‘(iii) ENGAGE IN TERRORISM ACTIVITY DEFINED.—As used in this Act, the term ‘engage 

in terrorism activity’ means to commit, in 

an individual capacity or as a member of an 

organization, an act of terrorism activity, or 

an act that the actor knows affords material 

support to any individual, organization, or 

government that the actor knows plans to 

commit terrorism activity, including any of 

the following acts: 

‘‘(I) The preparation or planning of terrorism activity. 

‘‘(II) The gathering of information on potential targets for terrorism activity. 

‘‘(III) The providing of any type of material support, including a safe house, transportation, communications, funds, false documentation or identification, weapons, explosives, or training. 

‘‘(IV) The soliciting of funds or other 

things of value for terrorism activity or for 

any terrorist organization. 

‘‘(V) The solicitation of any individual for 

membership in a terrorist organization, terrorist government, or to engage in a terrorism activity. 

‘‘(iv) TERRORIST ORGANIZATION DEFINED.—

As used in this Act, the term ‘terrorist organization’ means—

‘‘(I) an organization engaged in, or that 

has a significant subgroup that engages in, 

terrorism activity, regardless of any legitimate activities conducted by the organization or its subgroups; and 

‘‘(II) an organization designated by the 

Secretary of State under section 2339B of 

title 18.’’. 

(b) DEPORTABLE ALIENS.—Section 

241(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1251(a)(4)(B)) is amended 

to read as follows: 

‘‘(B) TERRORISM ACTIVITIES.—Any alien 

who is engaged, or at any time after entry 

engages in, any terrorism activity (as defined in section 212(a)(3)(B)) is deportable.’’. 

(c) BURDEN OF PROOF.—Section 291 of the 

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

1361) is amended by inserting after ‘‘custody 

of the Service.’’ the following new sentence: 

‘‘The limited production authorized by this 

provision shall not extend to the records of 

any other agency or department of the Government or to any documents that do not 

pertain to the respondent’s entry.’’. 

(d) APPREHENSION AND DEPORTATION OF

ALIENS.—Section 242(b) of the Immigration 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS

May 25, 1995 CONGRESSIONAL RECORD— SENATE S7559 

and Nationality Act (8 U.S.C. 1252(b)(3)) is 

amended by inserting immediately after 

paragraph (4) the following: ‘‘For purposes of 

paragraph (3), in the case of an alien who is 

not lawfully admitted for permanent residence and notwithstanding the provisions of 

any other law, reasonable opportunity shall 

not include access to classified information, 

whether or not introduced in evidence 

against the alien. Section 3504 of title 18, 

United States Code, and 18 U.S.C. 3504 and 

the Foreign Intelligence Surveillance Act of 

1978 (50 U.S.C. 1801 et seq.) shall not apply in 

such cases.’’. 

(e) CRIMINAL ALIEN REMOVAL.—

(1) JUDICIAL REVIEW.—Section 106 of the 

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

1105a(a)(10)) is amended to read as follows: 

‘‘(10) Notwithstanding any other provision 

of law, any final order of deportation against 

an alien who is deportable by reason of having committed a criminal offense covered in 

section 241(a)(2) (A)(iii), (B), (C), or (D), or 

any offense covered by section 241(a)(2)(A)(ii) 

for which both predicate offenses are covered 

by section 241(a)(2)(A)(i), shall not be subject 

to review by any court.’’. 

(2) FINAL ORDER OF DEPORTATION DEFINED.—

Section 101(a) of such Act (8 U.S.C. 1101(a)) is 

amended by adding at the end the following 

new paragraph: 

‘‘(47)(A) The term ‘order of deportation’

means the order of the special inquiry officer, or other such administrative officer to 

whom the Attorney General has delegated 

the responsibility for determining whether 

an alien is deportable, concluding that the 

alien is deportable or ordering deportation. 

‘‘(B) The order described under subparagraph (A) shall become final upon the earlier 

of—

‘‘(i) a determination by the Board of Immigration Appeals affirming such order; or 

‘‘(ii) the expiration of the period in which 

the alien is permitted to seek review of such 

order by the Board of Immigration Appeals.’’. 

(3) ARREST AND CUSTODY.—Section 242(a)(2) 

of such Act is amended—

(A) in subparagraph (A)—

(i) by striking ‘‘(2)(A) The Attorney’’ and 

inserting ‘‘(2) The Attorney’’; 

(ii) by striking ‘‘an aggravated felony 

upon’’ and all that follows through ‘‘of the 

same offense)’’ and inserting ‘‘any criminal 

offense covered in section 241(a)(2) (A)(iii), 

(B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate 

offenses are covered by section 241(a)(2)(A)(i), 

upon release of the alien from incarceration, 

shall deport the alien as expeditiously as 

possible’’; and 

(iii) by striking ‘‘but subject to subparagraph (B)’’; and 

(B) by striking subparagraph (B). 

(4) CLASSES OF EXCLUDABLE ALIENS.—Section 212(c) of such Act (8 U.S.C. 1182(c)) is 

amended—

(A) by striking ‘‘The first sentence of this’’

and inserting ‘‘This’’; and 

(B) by striking ‘‘has been convicted of one 

or more aggravated felonies’’ and all that 

follows through the end and inserting ‘‘is deportable by reason of having committed any 

criminal offense covered in section 241(a)(2) 

(A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both 

predicate offenses are covered by section 

241(a)(2)(A)(i).’’. 

(5) AGGRAVATED FELONY DEFINED.—Section 

101(a)(43) of such Act is amended—

(A) in subparagraph (F)—

(i) by inserting ‘‘, including forcible rape,’’

after ‘‘offense)’’; and 

(ii) by striking ‘‘5 years’’ and inserting ‘‘1 

year’’; and 

(B) in subparagraph (G) by striking ‘‘5 

years’’ and inserting ‘‘1 year’’. 

(6) DEPORTATION OF CRIMINAL ALIENS.—Section 242A(a) of such Act (8 U.S.C. 1252(a)) is 

amended—

(A) in paragraph (1)—

(i) by striking ‘‘aggravated felonies (as defined in section 101(a)(43))’’ and inserting 

‘‘any criminal offense covered in section 

241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for 

which both predicate offenses are covered by 

section 241(a)(2)(A)(i).’’; and 

(ii) by striking ‘‘, where warranted,’’; 

(B) in paragraph (2), by striking ‘‘aggravated felony’’ and all that follows through 

‘‘before any scheduled hearings.’’ and inserting ‘‘any criminal offense covered in section 

241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for 

which both predicate offenses are covered by 

section 241(a)(2)(A)(i).’’. 

(7) DEADLINES FOR DEPORTING ALIEN.—Section 242(c) of such Act (8 U.S.C. 1252(c)) is 

amended—

(A) by striking ‘‘(c) When a final order’’

and inserting ‘‘(c)(1) Subject to paragraph 

(2), when a final order’’; and 

(B) by inserting at the end the following 

new paragraph: 

‘‘(2) When a final order of deportation 

under administrative process is made against 

any alien who is deportable by reason of having committed a criminal offense covered in 

section 241(a)(2) (A)(iii), (B), (C), or (D) or 

any offense covered by section 241(a)(2)(A)(ii) 

for which both predicate offenses are covered 

by section 241(a)(2)(A)(i), the Attorney General shall have 30 days from the date of the 

order within which to effect the alien’s departure from the United States. The Attorney General shall have sole and unreviewable 

discretion to waive the foregoing provision 

for aliens who are cooperating with law enforcement authorities or for purposes of national security.’’. 

(f) EFFECTIVE DATE.—The amendments 

made by this section shall take effect on the 

date of enactment of this Act and shall apply 

to cases pending before, on, or after such 

date of enactment. 

SEC. 304. ACCESS TO CERTAIN CONFIDENTIAL IMMIGRATION AND NATURALIZATION 

FILES THROUGH COURT ORDER. 

(a) CONFIDENTIALITY OF INFORMATION.—Section 245A(c)(5) of the Immigration and Nationality Act (8 U.S.C. 1255a(c)(5)) is amended—

(1) by inserting ‘‘(i)’’ after ‘‘except the Attorney General’’; and 

(2) by inserting after ‘‘Title 13’’ the following: ‘‘and (ii) may authorize an application to a Federal court of competent jurisdiction for, and a judge of such court may 

grant, an order authorizing disclosure of information contained in the application of 

the alien to be used—

‘‘(I) for identification of the alien when 

there is reason to believe that the alien has 

been killed or severely incapacitated; or 

‘‘(II) for criminal law enforcement purposes against the alien whose application is 

to be disclosed.’’. 

(b) APPLICATIONS FOR ADJUSTMENT OF STATUS.—Section 210(b) of the Immigration and 

Nationality Act (8 U.S.C. 1160(b)) is amended—

(1) in paragraph (5), by inserting ‘‘, except 

as allowed by a court order issued pursuant 

to paragraph (6) of this subsection’’ after 

‘‘consent of the alien’’; and 

(2) in paragraph (6), by inserting the following sentence before ‘‘Anyone who uses’’: 

‘‘Notwithstanding the preceding sentence, 

the Attorney General may authorize an application to a Federal court of competent jurisdiction for, and a judge of such court may 

grant an order authorizing, disclosure of information contained in the application of 

the alien to be used for identification of the 

alien when there is reason to believe that the 

alien has been killed or severely incapacitated, or for criminal law enforcement purposes against the alien whose application is 

to be disclosed or to discover information 

leading to the location or identity of the 

alien.’’. 

TITLE IV—CONTROL OF FUNDRAISING 

FOR TERRORISM ACTIVITIES 

SEC. 401. PROHIBITION ON TERRORIST FUNDRAISING. 

(a) IN GENERAL.—Chapter 113B of title 18, 

United States Code, is amended by adding at 

the end the following new section: 

‘‘§ 2339B. Fundraising for terrorist organizations 

‘‘(a) FINDINGS AND PURPOSE.—

‘‘(1) The Congress finds that—

‘‘(A) terrorism is a serious and deadly 

problem which threatens the interests of the 

United States overseas and within our territory; 

‘‘(B) the Nation’s security interests are 

gravely affected by the terrorist attacks carried out overseas against United States Government facilities and officials, and against 

American citizens present in foreign countries; 

‘‘(C) United States foreign policy and economic interests are profoundly affected by 

terrorist acts overseas directed against foreign governments and their people; 

‘‘(D) international cooperation is required 

for an effective response to terrorism, as 

demonstrated by the numerous multilateral 

conventions in force providing universal 

prosecutive jurisdiction over persons involved in a variety of terrorist acts, including hostage taking, murder of an internationally protected person, and aircraft piracy and sabotage; 

‘‘(E) some foreign terrorist organizations, 

acting through affiliated groups or individuals, raise significant funds within the 

United States or use the United States as a 

conduit for the receipt of funds raised in 

other nations; and 

‘‘(F) the provision of funds to organizations that engage in terrorism serves to facilitate their terrorist endeavors, regardless 

of whether the funds, in whole or in part, are 

intended or claimed to be used for nonviolent 

purposes. 

‘‘(2) The purpose of this section is to provide the Federal Government the fullest possible basis, consistent with the Constitution, 

to prevent persons within the United States 

or subject to the jurisdiction of the United 

States from providing funds, directly or indirectly, to foreign organizations, including 

subordinate or affiliated persons, that engage in terrorism activities. 

‘‘(b) DESIGNATION.—

‘‘(1) The Secretary of State, after consultation with the Secretary of the Treasury, is 

authorized to designate under this section 

any foreign organization based on finding 

that—

‘‘(A) the organization engages in terrorism 

activity as defined in section 212(a)(3)(B) of 

the Immigration and Nationality Act (8 

U.S.C. 1182(a)(3)(B)); and 

‘‘(B) the organization’s terrorism activities 

threaten the security of United States citizens, national security, foreign policy, or the 

economy of the United States. 

‘‘(2) Not later than 7 days after making a 

designation under paragraph (1), the Secretary of State shall prepare and transmit to 

Congress a report containing a list of the 

designated organizations and a summary of 

the facts underlying the designation. The 

designation shall take effect 60 days after 

the date on which the Secretary of State 

submits the report, unless otherwise provided by law. 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS

S7560 CONGRESSIONAL RECORD— SENATE May 25, 1995 

‘‘(3) A designation or redesignation under 

this subsection shall be in effect for 1 year 

following its effective date, unless revoked 

under paragraph (4). 

‘‘(4)(A) If the Secretary of State, after consultation with the Secretary of the Treasury, finds that the conditions that were the 

basis for any designation issued under this 

subsection have changed in such a manner as 

to warrant revocation of such designation, or 

that the national security, foreign relations, 

or economic interests of the United States so 

warrant, the Secretary of State may revoke 

such designation in whole or in part. 

‘‘(B) Not later than 7 calendar days after 

the Secretary of State finds that an organization no longer engages in, or supports, terrorism activity, the Secretary of State shall 

prepare and transmit to Congress a supplemental report stating the reasons for the 

finding. 

‘‘(5) Any designation, or revocation of a 

designation, issued under this subsection 

shall be published in the Federal Register 

not later than 7 calendar days after the Secretary of State makes the designation. 

‘‘(6) Not later than 7 calendar days after 

making a designation under this subsection, 

the Secretary of State shall give the organization actual notice of—

‘‘(A) the designation; 

‘‘(B) the consequences of the designation 

for the organization’s ability to raise funds 

in the United States; and 

‘‘(C) the availability of judicial review. 

‘‘(7) Any revocation or lapsing of a designation shall not affect any action or proceeding 

based on any conduct committed prior to the 

effective date of such revocation or lapsing. 

‘‘(8) Classified information may be used in 

making a designation under this subsection. 

Such information shall not be disclosed to 

the public or to any party, but may be disclosed to a court ex parte and in camera. 

‘‘(9) No question concerning the validity of 

the issuance of a designation issued under 

this subsection may be raised by a defendant 

in a criminal prosecution as a defense in or 

as an objection to any trial or hearing if 

such designation was issued and published in 

the Federal Register. 

‘‘(c) JUDICIAL REVIEW.—

‘‘(1) Organizations designated by the Secretary of State as engaging in, or supporting, 

terrorism activities under this section may 

seek review of the designation in the District 

Court for the District of Columbia not later 

than 60 days after publication of such designation in the Federal Register. 

‘‘(2) In reviewing a designation under this 

subsection, the court shall receive relevant 

oral or documentary evidence, unless the 

court finds that the probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or 

considerations of undue delay, waste of time, 

or needless presentation of cumulative evidence, or unless its introduction or consideration is prohibited by a common law privilege or by the Constitution or laws of the 

United States. A party shall be entitled to 

present its case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true 

disclosure of the facts. 

‘‘(3) The judge shall authorize the introduction in camera and ex parte of any item 

of evidence containing classified information 

for which the Attorney General determines 

that public disclosure would pose a risk to 

the national security of the United States. 

With respect to such evidence, the Attorney 

General shall submit to the court either—

‘‘(A) a statement identifying relevant facts 

that the specific evidence would tend to 

prove; or 

‘‘(B) an unclassified summary of the specific evidence prepared in accordance with 

paragraph (5). 

‘‘(4)(A)(i) The Secretary of State shall have 

the burden of demonstrating that there are 

specific and articulable facts giving reason 

to believe that the organization engages in 

or supports terrorism activity (as that term 

is defined in section 212(a)(3)(B)). 

‘‘(ii) The organization shall have the burden of proving that its purpose is to engage 

in religious, charitable, literary, educational, or nonterrorism activities and that 

it engages in such activities. 

‘‘(iii) The Secretary shall have the burden 

of proving that the control group of the organization has actual knowledge that the organization or its resources are being used for 

terrorism activities. 

‘‘(iv) If any portion of the Secretary’s evidence consists of classified information that 

cannot be revealed to the organization for 

national security reasons, the Secretary 

must prove these elements by clear and convincing evidence. 

‘‘(B) If the court finds, under the standards 

stated in subparagraph (A) that the control 

group of the organization has actual knowledge that the organization or its resources 

are being used for terrorism activities, the 

court shall affirm the designation of the Secretary. 

‘‘(C)(i) If the court finds by a preponderance of the evidence that the organization or 

its resources have been used for terrorism 

activities without the knowledge of the control group, but that the control group is now 

aware of these facts, the court may condition revocation of the designation on the 

control group’s undertaking or completing 

all steps within its power to prevent the organization or its resources from being used 

for terrorism activities. Such steps may include—

‘‘(I) maintaining financial records adequate to document the use of the organization’s resources; and 

‘‘(II) making records available to the Secretary for inspection. 

‘‘(ii) If a designation is revoked under subsection (B)(4) and the organization fails to 

comply with any condition imposed, the designation may be reinstated by the Secretary 

of State upon a showing that the organization failed to comply with the condition. 

‘‘(5)(A) The information submitted under 

paragraph (3)(B) shall contain an unclassified summary of the classified information 

that does not pose a risk to national security. 

‘‘(B) The judge shall approve the unclassified summary if the judge finds that the 

summary is sufficient to inform the organization of the activities described in section 

212(a)(3)(B) in which the organization is alleged to engage, and to permit the organization to defend against the designation. 

‘‘(C) The Attorney General shall cause to 

be delivered to the organization a copy of the 

unclassified summary approved under subparagraph (B). 

‘‘(6) The court shall decide the case on the 

basis of the evidence on the record as a 

whole, in camera or otherwise. 

‘‘(d) PROHIBITED ACTIVITIES.—It shall be 

unlawful for any person within the United 

States, or any person subject to the jurisdiction of the United States anywhere, to directly or indirectly, raise, receive, or collect 

on behalf of, or furnish, give, transmit, 

transfer, or provide funds to or for an organization or person designated by the Secretary 

of State under subsection (b), or to attempt 

to do any of the foregoing. 

‘‘(e) SPECIAL REQUIREMENTS FOR FINANCIAL

INSTITUTIONS.—

‘‘(1) Except as authorized by the Secretary 

of State, after consultation with the Secretary of the Treasury, by means of directives, regulations, or licenses, any financial 

institution that becomes aware that it has 

possession of or control over any funds in 

which an organization or person designated 

under subsection (b) has an interest, shall—

‘‘(A) retain possession of or maintain control over such funds; and 

‘‘(B) report to the Secretary the existence 

of such funds in accordance with the regulations prescribed by the Secretary. 

‘‘(2) Any financial institution that knowingly fails to report to the Secretary the existence of such funds shall be subject to a 

civil penalty of $250 per day for each day 

that it fails to report to the Secretary—

‘‘(A) in the case of funds being possessed or 

controlled at the time of the designation of 

the organization or person, within 10 days 

after the designation; and 

‘‘(B) in the case of funds whose possession 

of or control over arose after the designation 

of the organization or person, within 10 days 

after the financial institution obtained possession of or control over the funds. 

‘‘(f) INVESTIGATIONS.—Any investigation 

emanating from a possible violation of this 

section shall be conducted by the Attorney 

General, except that investigations relating 

to—

‘‘(1) a financial institution’s compliance 

with the requirements of subsection (e); and 

‘‘(2) civil penalty proceedings authorized 

pursuant to subsection (g)(2), 

shall be conducted in coordination with the 

Attorney General by the office within the 

Department of the Treasury responsible for 

civil penalty proceedings authorized by this 

section. Any evidence of a criminal violation 

of this section arising in the course of an investigation by the Secretary or any other 

Federal agency shall be referred immediately to the Attorney General for further 

investigation. The Attorney General shall 

timely notify the Secretary of any action 

taken on referrals from the Secretary, and 

may refer investigations to the Secretary for 

remedial licensing or civil penalty action. 

‘‘(g) PENALTIES.—

‘‘(1) Any person who, with knowledge that 

the donee is a designated entity, violates 

subsection (d) shall be fined under this title, 

or imprisoned for up to ten years, or both. 

‘‘(2) Any financial institution that knowingly fails to comply with subsection (e), or 

by regulations promulgated thereunder, 

shall be subject to a civil penalty of $50,000 

per violation, or twice the amount of money 

of which the financial institution was required to retain possession or control, whichever is greater. 

‘‘(h) INJUNCTION.—

‘‘(1) Whenever it appears to the Secretary 

or the Attorney General that any person is 

engaged in, or is about to engage in, any act 

which constitutes, or would constitute, a 

violation of this section, the Attorney General may initiate civil action in a district 

court of the United States to enjoin such 

violation. 

‘‘(2) A proceeding under this subsection is 

governed by the Federal Rules of Civil Procedure, except that, if an indictment has 

been returned against the respondent, discovery is governed by the Federal Rules of 

Criminal Procedure. 

‘‘(i) EXTRATERRITORIAL JURISDICTION.—

There is extraterritorial Federal jurisdiction 

over an offense under this section. 

‘‘(j) CLASSIFIED INFORMATION IN CIVIL PROCEEDINGS BROUGHT BY THE UNITED STATES.—

‘‘(1) DISCOVERY OF CLASSIFIED INFORMATION

BY DEFENDANTS.—A court, upon a sufficient 

showing, may authorize the United States to 

delete specified items of classified information from documents to be introduced into 

evidence or made available to the defendant 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS

May 25, 1995 CONGRESSIONAL RECORD— SENATE S7561 

through discovery under the Federal Rules of 

Civil Procedure, to substitute an unclassified 

summary of the information for such classified documents, or to substitute a statement 

admitting relevant facts that the classified 

information would tend to prove. The court 

shall permit the United States to make a request for such authorization in the form of a 

written statement to be inspected by the 

court alone. If the court enters an order 

granting relief following such an ex parte 

showing, the entire text of the statement of 

the United States shall be sealed and preserved in the records of the court to be made 

available to the appellate court in the event 

of an appeal. If the court enters an order denying relief to the United States under this 

paragraph, the United States may take an 

immediate, interlocutory appeal in accordance with the provisions of paragraph (3). 

For purposes of such an appeal, the entire 

text of the underlying written statement of 

the United States, together with any transcripts of arguments made ex parte to the 

court in connection therewith, shall be 

maintained under seal and delivered to the 

appellate court. 

‘‘(2) INTRODUCTION OF CLASSIFIED INFORMATION; PRECAUTIONS BY COURT.—

‘‘(A) EXHIBITS.—The United States, to prevent unnecessary or inadvertent disclosure 

of classified information in a civil trial or 

other proceeding brought by the United 

States under this section, may petition the 

court ex parte to admit, in lieu of classified 

writings, recordings or photographs, one or 

more of the following: 

‘‘(i) copies of those items from which classified information has been deleted; 

‘‘(ii) stipulations admitting relevant facts 

that specific classified information would 

tend to prove; or 

‘‘(iii) an unclassified summary of the specific classified information. 

The court shall grant such a motion of the 

United States if the court finds that the redacted item, stipulation, or unclassified 

summary will provide the defendant with 

substantially the same ability to make his 

defense as would disclosure of the specific 

classified information. 

‘‘(B) TAKING OF TRIAL TESTIMONY.—During 

the examination of a witness in any civil 

proceeding brought by the United States 

under this section, the United States may 

object to any question or line of inquiry that 

may require the witness to disclose classified 

information not previously found to be admissible. Following such an objection, the 

court shall take suitable action to determine 

whether the response is admissible and, in 

doing so, shall take precautions to guard 

against the compromise of any classified information. Such action may include permitting the United States to provide the court, 

ex parte, with a proffer of the witness’s response to the question or line of inquiry, and 

requiring the defendant to provide the court 

with a proffer of the nature of the information the defendant seeks to elicit. 

‘‘(C) APPEAL.—If the court enters an order 

denying relief to the United States under 

this subsection, the United States may take 

an immediate interlocutory appeal in accordance with paragraph (3). 

‘‘(3) INTERLOCUTORY APPEAL.—

‘‘(A) An interlocutory appeal by the United 

States shall lie to a court of appeals from a 

decision or order of a district court—

‘‘(i) authorizing the disclosure of classified 

information; 

‘‘(ii) imposing sanctions for nondisclosure 

of classified information; or 

‘‘(iii) refusing a protective order sought by 

the United States to prevent the disclosure 

of classified information. 

‘‘(B) An appeal taken pursuant to this 

paragraph either before or during trial shall 

be expedited by the court of appeals. Prior to 

trial, an appeal shall be taken not later than 

10 days after the decision or order appealed 

from, and the trial shall not commence until 

the appeal is resolved. If an appeal is taken 

during trial, the trial court shall adjourn the 

trial until the appeal is resolved. The court 

of appeals—

‘‘(i) shall hear argument on such appeal 

not later than 4 days after the adjournment 

of the trial; 

‘‘(ii) may dispense with written briefs 

other than the supporting materials previously submitted to the trial court; 

‘‘(iii) shall render its decision not later 

than 4 days after argument on appeal; and 

‘‘(iv) may dispense with the issuance of a 

written opinion in rendering its decision. 

‘‘(C) An interlocutory appeal and decision 

under this paragraph shall not affect the 

right of the defendant, in a subsequent appeal from a final judgment, to claim as 

error, reversal by the trial court on remand 

of a ruling appealed from during trial. 

‘‘(4) CONSTRUCTION.—Nothing in this subsection shall prevent the United States from 

seeking protective orders or asserting privileges ordinarily available to the United 

States to protect against the disclosure of 

classified information, including the invocation of the military and State secrets privilege. 

‘‘(k) DEFINITIONS.—As used in this section—

‘‘(1) the term ‘classified information’

means any information or material that has 

been determined by the United States Government pursuant to an Executive order, 

statute, or regulation, to require protection 

against unauthorized disclosure for reasons 

of national security and any restricted data, 

as defined in paragraph (r) of section 11 of 

the Atomic Energy Act of 1954 (42 U.S.C. 

2014(y)); 

‘‘(2)(A) the term ‘control group’ means the 

officers or agents charged with directing the 

affairs of the organization; 

‘‘(B) if a single officer or agent is authorized to conduct the affairs of the organization, the knowledge of the officer or agent 

that the organization or its resources are 

being used for terrorism activities shall constitute knowledge of the control group; 

‘‘(C) if a single officer or agent is a member 

of a group empowered to conduct the affairs 

of the organization but cannot conduct the 

affairs of the organization on his or her own 

authority, that person’s knowledge shall not 

constitute knowledge by the control group 

unless that person’s knowledge is shared by 

a sufficient number of members of the group 

so that the group with knowledge has the authority to conduct the affairs of the organization; 

‘‘(3) the term ‘financial institution’ has the 

meaning prescribed in section 5312(a)(2) of 

title 31, United States Code, including any 

regulations promulgated thereunder; 

‘‘(4) the term ‘funds’ includes coin or currency of the United States or any other 

country, traveler’s checks, personal checks, 

bank checks, money orders, stocks, bonds, 

debentures, drafts, letters of credit, any 

other negotiable instrument, and any electronic representation of any of the foregoing; 

‘‘(5) the term ‘national security’ means the 

national defense and foreign relations of the 

United States; 

‘‘(6) the term ‘person’ includes an individual, partnership, association, group, corporation, or other organization; 

‘‘(7) the term ‘Secretary’ means the Secretary of the Treasury; and 

‘‘(8) the term ‘United States’, when used in 

a geographical sense, includes all commonwealths, territories, and possessions of the 

United States.’’. 

(b) TECHNICAL AMENDMENT.—The analysis 

for chapter 113B of title 18, United States 

Code, is amended by adding at the end the 

following new item: 

‘‘2339B. Fundraising for terrorist organizations.’’. 

(c) CLASSIFIED INFORMATION IN CIVIL PROCEEDINGS.—Section 2339B(k) of title 18, 

United States Code (relating to classified information in civil proceedings brought by 

the United States), shall also be applicable 

to civil proceedings brought by the United 

States under the International Emergency 

Economic Powers Act (50 U.S.C. 1701 et seq.). 

SEC. 402. CORRECTION TO MATERIAL SUPPORT 

PROVISION. 

Section 2339A of title 18, United States 

Code, is amended to read as follows: 

‘‘§ 2339A. Providing material support to terrorists 

‘‘(a) DEFINITION.—In this section, ‘material 

support or resources’ means currency or 

other financial securities, financial services, 

lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal 

substances, explosives, personnel, transportation, and other physical assets, but does 

not include humanitarian assistance to persons not directly involved in such violations. 

‘‘(b) OFFENSE.—A person who, within the 

United States, provides material support or 

resources or conceals or disguises the nature, 

location, source, or ownership of material 

support or resources, knowing or intending 

that they are to be used in preparation for, 

or in carrying out, a violation of section 32, 

37, 351, 844(f) or (i), 956, 1114, 1116, 1203, 1361, 

1363, 1751, 2280, 2281, 2332, or 2332a of this title 

or section 46502 of title 49, or in preparation 

for or carrying out the concealment or an escape from the commission of any such violation, shall be fined under this title, imprisoned not more than 10 years, or both.’’. 

TITLE V—ASSISTANCE TO FEDERAL LAW 

ENFORCEMENT AGENCIES 

Subtitle A—Antiterrorism Assistance 

SEC. 501. DISCLOSURE OF CERTAIN CONSUMER 

REPORTS TO THE FEDERAL BUREAU 

OF INVESTIGATION FOR FOREIGN 

COUNTERINTELLIGENCE INVESTIGATIONS. 

(a) IN GENERAL.—The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by 

adding after section 623 the following new 

section: 

‘‘SEC. 624. DISCLOSURES TO THE FEDERAL BUREAU OF INVESTIGATION FOR FOREIGN COUNTERINTELLIGENCE PURPOSES. 

‘‘(a) IDENTITY OF FINANCIAL INSTITUTIONS.—

(1) Notwithstanding section 604 or any other 

provision of this title, a court or magistrate 

judge may issue an order ex parte directing 

a consumer reporting agency to furnish to 

the Federal Bureau of Investigation the 

names and addresses of all financial institutions (as that term is defined in section 1101 

of the Right to Financial Privacy Act of 

1978) at which a consumer maintains or has 

maintained an account, to the extent that 

information is in the files of the agency. The 

court or magistrate judge shall issue the 

order if the Director of the Federal Bureau of 

Investigation, or the Director’s designee, 

certifies in writing to the court or magistrate judge that—

‘‘(A) such information is necessary for the 

conduct of an authorized foreign counterintelligence investigation; and 

‘‘(B) there are specific and articulable facts 

giving reason to believe that the consumer—

‘‘(i) is a foreign power (as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978) or a person who is not a 

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

or 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS

S7562 CONGRESSIONAL RECORD— SENATE May 25, 1995 

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

engaging or has engaged in international terrorism (as that term is defined in section 

101(c) of the Foreign Intelligence Surveillance Act of 1978) or clandestine intelligence 

activities that involve or may involve a violation of criminal statutes of the United 

States. 

‘‘(2) An order issued under this subsection 

shall not disclose that it is issued for purposes of a counterintelligence investigation. 

‘‘(b) IDENTIFYING INFORMATION.—(1) Notwithstanding section 604 or any other provision of this title, a court or magistrate judge 

shall issue an order ex parte directing a consumer reporting agency to furnish identifying information respecting a consumer, 

limited to name, address, former addresses, 

places of employment, or former places of 

employment, to the Federal Bureau of Investigation. The court or magistrate judge shall 

issue the order if the Director or the Director’s designee, certifies in writing that—

‘‘(A) such information is necessary to the 

conduct of an authorized foreign counterintelligence investigation; and 

‘‘(B) there is information giving reason to 

believe that the consumer has been, or is 

about to be, in contact with a foreign power 

or an agent of a foreign power (as defined in 

section 101 of the Foreign Intelligence Surveillance Act of 1978). 

‘‘(2) An order issued under this subsection 

shall not disclose that it is issued for purposes of a counterintelligence investigation. 

‘‘(c) COURT ORDER FOR DISCLOSURE OF CONSUMER REPORTS.—(1) Notwithstanding section 604 or any other provision of this title, 

if requested in writing by the Director of the 

Federal Bureau of Investigation, or an authorized designee of the Director, a court 

may issue an order ex parte directing a consumer reporting agency to furnish a consumer report to the Federal Bureau of Investigation, upon a showing in camera that—

‘‘(A) the consumer report is necessary for 

the conduct of an authorized foreign counterintelligence investigation; and 

‘‘(B) there are specific and articulable facts 

giving reason to believe that the consumer 

whose consumer report is sought—

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

‘‘(ii) is engaging or has engaged in international terrorism (as that term is defined in 

section 101(c) of the Foreign Intelligence 

Surveillance Act of 1978) or clandestine intelligence activities that involve or may involve a violation of criminal statutes of the 

United States. 

‘‘(2) An order issued under this subsection 

shall not disclose that it is issued for purposes of a counterintelligence investigation. 

‘‘(d) CONFIDENTIALITY.—(1) No consumer reporting agency or officer, employee, or agent 

of a consumer reporting agency shall disclose to any person, other than officers, employees, or agents of a consumer reporting 

agency necessary to fulfill the requirement 

to disclose information to the Federal Bureau of Investigation under this section, that 

the Federal Bureau of Investigation has 

sought or obtained the identity of financial 

institutions or a consumer report respecting 

any consumer under subsection (a), (b), or 

(c). 

‘‘(2) No consumer reporting agency or officer, employee, or agent of a consumer reporting agency shall include in any consumer report any information that would indicate that the Federal Bureau of Investigation has sought or obtained such information 

or a consumer report. 

‘‘(e) PAYMENT OF FEES.—The Federal Bureau of Investigation is authorized, subject 

to the availability of appropriations, pay to 

the consumer reporting agency assembling 

or providing reports or information in accordance with procedures established under 

this section, a fee for reimbursement for 

such costs as are reasonably necessary and 

which have been directly incurred in searching, reproducing, or transporting books, papers, records, or other data required or requested to be produced under this section. 

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

Bureau of Investigation may not disseminate 

information obtained pursuant to this section outside of the Federal Bureau of Investigation, except—

‘‘(1) to the Department of Justice, as may 

be necessary for the approval or conduct of a 

foreign counterintelligence investigation; or 

‘‘(2) where the information concerns a person subject to the Uniform Code of Military 

Justice, to appropriate investigative authorities within the military department 

concerned as may be necessary for the conduct of a joint foreign counterintelligence 

investigation. 

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

this section shall be construed to prohibit information from being furnished by the Federal Bureau of Investigation pursuant to a 

subpoena or court order, or in connection 

with a judicial or administrative proceeding 

to enforce the provisions of this Act. Nothing in this section shall be construed to authorize or permit the withholding of information from the Congress. 

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

basis, the Attorney General shall fully inform the Permanent Select Committee on 

Intelligence and the Committee on Banking 

and Financial Services of the House of Representatives, and the Select Committee on 

Intelligence and the Committee on Banking, 

Housing, and Urban Affairs of the Senate 

concerning all requests made pursuant to 

subsections (a), (b), and (c). 

‘‘(i) DAMAGES.—Any agency or department 

of the United States obtaining or disclosing 

any consumer reports, records, or information contained therein in violation of this 

section is liable to the consumer to whom 

such consumer reports, records, or information relate in an amount equal to the sum 

of—

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

consumer reports, records, or information involved; 

‘‘(2) any actual damages sustained by the 

consumer as a result of the disclosure; 

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

willful or intentional, such punitive damages 

as a court may allow; and 

‘‘(4) in the case of any successful action to 

enforce liability under this subsection, the 

costs of the action, together with reasonable 

attorney fees, as determined by the court. 

‘‘(j) DISCIPLINARY ACTIONS FOR VIOLATIONS.—If a court determines that any agency or department of the United States has 

violated any provision of this section and the 

court finds that the circumstances surrounding the violation raise questions of 

whether or not an officer or employee of the 

agency or department acted willfully or intentionally with respect to the violation, the 

agency or department shall promptly initiate a proceeding to determine whether or 

not disciplinary action is warranted against 

the officer or employee who was responsible 

for the violation. 

‘‘(k) GOOD-FAITH EXCEPTION.—Notwithstanding any other provision of this title, 

any consumer reporting agency or agent or 

employee thereof making disclosure of consumer reports or identifying information 

pursuant to this subsection in good-faith reliance upon a certification of the Federal Bureau of Investigation pursuant to provisions 

of this section shall not be liable to any person for such disclosure under this title, the 

constitution of any State, or any law or regulation of any State or any political subdivision of any State notwithstanding. 

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

other remedy contained in this section, injunctive relief shall be available to require 

compliance with the procedures of this section. In the event of any successful action 

under this subsection, costs together with 

reasonable attorney fees, as determined by 

the court, may be recovered.’’. 

(b) CLERICAL AMENDMENT.—The table of 

sections at the beginning of the Fair Credit 

Reporting Act (15 U.S.C. 1681a et seq.) is 

amended by adding after the item relating to 

section 623 the following new item: 

‘‘624. Disclosures to the Federal Bureau of 

Investigation for foreign counterintelligence purposes.’’. 

SEC. 502. ACCESS TO RECORDS OF COMMON CARRIERS, PUBLIC ACCOMMODATION 

FACILITIES, PHYSICAL STORAGE FACILITIES, AND VEHICLE RENTAL FACILITIES IN FOREIGN COUNTERINTELLIGENCE AND 

COUNTERTERRORISM CASES. 

Title 18, United States Code, is amended by 

inserting after chapter 121 the following new 

chapter: 

‘‘CHAPTER 122—ACCESS TO CERTAIN 

RECORDS 

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

public accommodation facilities, physical 

storage facilities, and vehicle rental facilities in counterintelligence and 

counterterrorism cases 

‘‘(a)(1) A court or magistrate judge may 

issue an order ex parte directing any common carrier, public accommodation facility, 

physical storage facility, or vehicle rental 

facility to furnish any records in its possession to the Federal Bureau of Investigation. 

The court or magistrate judge shall issue the 

order if the Director of the Federal Bureau of 

Investigation or the Director’s designee 

(whose rank shall be no lower than Assistant 

Special Agent in Charge) certifies in writing 

that—

‘‘(A) such records are sought for foreign 

counterintelligence purposes; and 

‘‘(B) there are specific and articulable facts 

giving reason to believe that the person to 

whom the records pertain is a foreign power 

or an agent of a foreign power as defined in 

section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 801). 

‘‘(2) An order issued under this subsection 

shall not disclose that it is issued for purposes of a counterintelligence investigation. 

‘‘(b) No common carrier, public accommodation facility, physical storage facility, or 

vehicle rental facility, or any officer, employee, or agent of such common carrier, 

public accommodation facility, physical 

storage facility, or vehicle rental facility, 

shall disclose to any person, other than 

those officers, agents, or employees of the 

common carrier, public accommodation facility, physical storage facility, or vehicle 

rental facility necessary to fulfill the requirement to disclose the information to the 

Federal Bureau of Investigation under this 

section. 

‘‘(c) As used in this chapter—

‘‘(1) the term ‘common carrier’ means a locomotive, rail carrier, bus carrying passengers, water common carrier, air common 

carrier, or private commercial interstate 

carrier for the delivery of packages and 

other objects; 

‘‘(2) the term ‘public accommodation facility’ means any inn, hotel, motel, or other establishment that provides lodging to transient guests; 

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

means any business or entity that provides 

space for the storage of goods or materials, 

or services related to the storage of goods or 

materials, to the public or any segment 

thereof; and 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS

May 25, 1995 CONGRESSIONAL RECORD— SENATE S7563 

‘‘(4) the term ‘vehicle rental facility’

means any person or entity that provides vehicles for rent, lease, loan, or other similar 

use, to the public or any segment thereof.’’. 

SEC. 503. INCREASE IN MAXIMUM REWARDS FOR 

INFORMATION CONCERNING INTERNATIONAL TERRORISM. 

(a) TERRORISM ABROAD.—Section 36 of the 

State Department Basic Authorities Act of 

1956 (22 U.S.C. 2708) is amended—

(1) in subsection (c), by striking 

‘‘$2,000,000’’ and inserting ‘‘$10,000,000’’; and 

(2) in subsection (g), by striking 

‘‘$5,000,000’’ and inserting ‘‘$10,000,000. 

(b) DOMESTIC TERRORISM.—Title 18, United 

States Code, is amended—

(1) in section 3072, by striking ‘‘$500,000’’

and inserting ‘‘$10,000,000’’; and 

(2) in section 3075, by striking ‘‘$5,000,000’’

and inserting ‘‘$10,000,000’’. 

(c) GENERAL REWARD AUTHORITY OF THE

ATTORNEY GENERAL.—

(1) IN GENERAL.—Chapter 203 of title 18, 

United States Code, is amended by adding 

immediately after section 3059A the following section: 

‘‘§ 3059B. General reward authority 

‘‘(a) Notwithstanding any other provision 

of law, the Attorney General may pay rewards and receive from any department or 

agency funds for the payment of rewards 

under this section to any individual who assists the Department of Justice in performing its functions. 

‘‘(b) Not later than 30 days after authorizing a reward under this section that exceeds $100,000, the Attorney General shall 

give notice to the respective chairmen of the 

Committees on Appropriations and the Committees on the Judiciary of the Senate and 

the House of Representatives. 

‘‘(c) A determination made by the Attorney General to authorize an award under this 

section and the amount of any reward authorized shall be final and conclusive, and 

not subject to judicial review.’’. 

Subtitle B—Intelligence and Investigation 

Enhancements 

SEC. 511. STUDY AND REPORT ON ELECTRONIC 

SURVEILLANCE. 

(a) STUDY.—The Attorney General and the 

Director of the Federal Bureau of Investigation shall study all applicable laws and 

guidelines relating to electronic surveillance 

and the use of pen registers and other trap 

and trace devices. 

(b) REPORT.—Not later than 90 days after 

the date of enactment of this Act, the Attorney General shall submit a report to the 

Congress that includes—

(1) the findings of the study conducted pursuant to subsection (a); 

(2) recommendations for the use of electronic devices in conducting surveillance of 

terrorist or other criminal organizations, 

and for any modifications in the law necessary to enable the Federal Government to 

fulfill its law enforcement responsibilities 

within appropriate constitutional parameters; and 

(3) a summary of efforts to use current 

wiretap authority, including detailed examples of situations in which expanded authority would have enabled law enforcement authorities to fulfill their responsibilities. 

SEC. 512. AUTHORIZATION FOR INTERCEPTIONS 

OF COMMUNICATIONS IN CERTAIN 

TERRORISM RELATED OFFENSES. 

Section 2516(1) of title 18, United States 

Code, is amended—

(1) in paragraph (c)—

(A) by inserting before ‘‘or section 1992 (relating to wrecking trains)’’ the following: 

‘‘section 2332 (relating to terrorist acts 

abroad), section 2332a (relating to weapons of 

mass destruction, section 2332b (relating to 

acts of terrorism transcending national 

boundaries), section 2339A (relating to providing material support to terrorists), section 37 (relating to violence at international 

airports),’’; and 

(B) by inserting after ‘‘section 175 (relating 

to biological weapons),’’ the following: ‘‘or a 

felony violation under section 1028 (relating 

to production of false identification documentation), sections 1541, 1542, 1543, 1544, and 

1546 (relating to passport and visa offenses),’’; 

(2) by striking ‘‘and’’ at the end of paragraph (o), as so redesignated by section 

512(a)(2); 

(3) by redesignating paragraph (p), as so redesignated by section 512(a)(2), as paragraph 

(s); and 

(4) by inserting after paragraph (o), as so 

redesignated by section 512(a)(2), the following new subparagraphs: 

‘‘(p) any violation of section 956 or section 

960 of title 18, United States Code (relating 

to certain actions against foreign nations); 

‘‘(q) any violation of section 46502 of title 

49, United States Code; and’’. 

SEC. 513. REQUIREMENT TO PRESERVE EVIDENCE. 

Section 2703 of title 18, United States Code, 

is amended by adding at the end the following new subsection: 

‘‘(f) REQUIREMENT TO PRESERVE EVIDENCE.—A provider of wire or electronic 

communication services or a remote computing service, upon the request of a governmental entity, shall take all necessary steps 

to preserve records and other evidence in its 

possession pending the issuance of a court 

order or other process. Such records shall be 

retained for a period of 90 days, which period 

shall be extended for an additional 90-day period upon a renewed request by the governmental entity.’’. 

Subtitle C—Additional Funding for Law 

Enforcement 

SEC. 521. FEDERAL BUREAU OF INVESTIGATION 

ASSISTANCE TO COMBAT TERRORISM. 

(a) IN GENERAL.—With funds made available pursuant to subsection (b), the Attorney 

General shall—

(1) develop digital telephony technology; 

(2) support and enhance the technical support center and tactical operations; 

(3) create a Federal Bureau of Investigation counterterrorism and counterintelligence fund for costs associated with terrorism cases; and 

(4) expand and improve the instructional, 

operational support, and construction of the 

Federal Bureau of Investigation academy. 

(5) construct an FBI laboratory, provide 

laboratory examination support, and provide 

for a Command Center; 

(6) make funds available to the chief executive officer of each State to carry out the activities described in subsection (d); and 

(7) enhance personnel to support 

counterterrorism activities. 

(b) AUTHORIZATION OF APPROPRIATIONS.—

There are authorized to be appropriated for 

the activities of the Federal Bureau of Investigation, to help meet the increased demands 

for activities to combat terrorism—

(1) $300,000,000 for fiscal year 1996; 

(2) $225,000,000 for fiscal year 1997; 

(3) $328,000,000 for fiscal year 1998; 

(4) $190,000,000 for fiscal year 1999; and 

(5) $183,000,000 for fiscal year 2000. 

(c) AVAILABILITY OF FUNDS.—

(1) IN GENERAL.—Funds made available pursuant to subsection (b), in any fiscal year, 

shall remain available until expended. 

(d) STATE GRANTS.—

(1) IN GENERAL.—Any funds made available 

for purposes of subsection (a)(6) may be expended—

(A) by the Director of the Federal Bureau 

of Investigation to—

(i) hire new agents; and 

(ii) expand the combined DNA Identification System (CODIS) to include Federal 

crimes and crimes committed in the District 

of Columbia; and 

(B) by the Attorney General, in consultation with the Director of the Federal Bureau 

of Investigation to make funds available to 

the chief executive officer of each State to 

carry out the activities described in paragraph (2). 

(2) GRANT PROGRAM.—

(A) USE OF FUNDS.—The executive officer of 

each State shall use any funds made available under paragraph (1)(B) in conjunction 

with units of local government, other States, 

or combinations thereof, to carry out all or 

part of a program to establish, develop, update, or upgrade—

(i) computerized identification systems 

that are compatible and integrated with the 

databases of the National Crime Information 

Center of the Federal Bureau of Investigation; 

(ii) ballistics identification programs that 

are compatible and integrated with the 

Drugfire Program of the Federal Bureau of 

Investigation; 

(iii) the capability to analyze 

deoxyribonucleic acid (DNA) in a forensic 

laboratory in ways that are compatible and 

integrated with the combined DNA Identification System (CODIS) of the Federal Bureau of Investigation; and 

(iv) automated fingerprint identification 

systems that are compatible and integrated 

with the Integrated Automated Fingerprint 

Identification System (IAFIS) of the Federal 

Bureau of Investigation. 

(B) ELIGIBILITY.—To be eligible to receive 

funds under this paragraph, a State shall require that each person convicted of a felony 

of a sexual nature shall provide a sample of 

blood, saliva, or other specimen necessary to 

conduct a DNA analysis consistent with the 

standards established for DNA testing by the 

Director of the Federal Bureau of Investigation. 

(C) INTERSTATE COMPACTS.—A State may 

enter into a compact or compacts with another State or States to carry out this subsection. 

(D) ALLOCATION.—The Attorney General 

shall allocate funds made available under 

this subsection to each State based on the 

population of the State as reported in the 

most recent decennial census of the population. 

SEC. 522. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE UNITED 

STATES CUSTOMS SERVICE. 

(a) IN GENERAL.—There are authorized to 

be appropriated for the activities of the 

United States Customs Service, to help meet 

the increased needs of the United States Customs Service—

(1) $6,000,000 for fiscal year 1996; 

(2) $6,000,000 for fiscal year 1997; 

(3) $6,000,000 for fiscal year 1998; 

(4) $5,000,000 for fiscal year 1999; and 

(5) $5,000,000 for fiscal year 2000. 

(b) AVAILABILITY OF FUNDS.—Funds made 

available pursuant to subsection (a), in any 

fiscal year, shall remain available until expended. 

SEC. 523. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE IMMIGRATION AND NATURALIZATION SERVICE. 

(a) IN GENERAL.—There are authorized to 

be appropriated for the activities of the Immigration and Naturalization Service, to 

help meet the increased needs of the Immigration and Naturalization Service $5,000,000 

for each of the fiscal years 1996, 1997, 1998, 

1999, and 2000. 

(b) AVAILABILITY OF FUNDS.—Funds made 

available pursuant to subsection (a), in any 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS

S7564 CONGRESSIONAL RECORD— SENATE May 25, 1995 

fiscal year, shall remain available until expended. 

SEC. 524. DRUG ENFORCEMENT ADMINISTRATION. 

(a) ACTIVITIES OF DRUG ENFORCEMENT ADMINISTRATION.—With funds made available 

pursuant to subsection (b), the Attorney 

General shall—

(1) fund antiviolence crime initiatives; 

(2) fund major violators’ initiatives; and 

(3) enhance or replace infrastructure. 

(b) AUTHORIZATION OF APPROPRIATIONS.—

There are authorized to be appropriated to 

the Drug Enforcement Administration, to 

help meet the increased needs of the Drug 

Enforcement Administration—

(1) $60,000,000 for fiscal year 1996; 

(2) $70,000,000 for fiscal year 1997; 

(3) $80,000,000 for fiscal year 1998; 

(4) $90,000,000 for fiscal year 1999; and 

(5) $100,000,000 for fiscal year 2000. 

(c) AVAILABILITY OF FUNDS.—Funds made 

available pursuant to this section, in any fiscal year, shall remain available until expended. 

SEC. 525. DEPARTMENT OF JUSTICE. 

(a) IN GENERAL.—Subject to the availability of appropriations, the Attorney General shall (1) hire additional Assistant 

United States Attorneys, and (2) provide for 

increased security at courthouses and other 

facilities housing Federal workers. 

(b) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.—There are authorized to be appropriated for the activities of the Department of Justice, to hire additional Assistant 

United States Attorneys and provide increased security to meet the needs resulting 

from this Act $20,000,000 for each of the fiscal 

years 1996, 1997, 1998, 1999, and 2000. 

SEC. 526. FUNDING SOURCE. 

Notwithstanding any other provision of 

law, funding for authorizations provided in 

this subtitle may be paid for out of the Violent Crime Reduction Trust Fund. 

SEC. 527. DETERRENT AGAINST TERRORIST ACTIVITY DAMAGING A FEDERAL INTEREST COMPUTER. 

The United States Sentencing Commission 

shall review existing guideline levels as they 

apply to sections 1030(a)(4) and 1030(a)(5) of 

Title 18, United States Code, and report to 

Congress on their findings as to their deterrent effect within 60 calendar days. Furthermore, the Commission shall promulgate 

guideline amendments that will ensure that 

individuals convicted under sections 

1030(a)(4) and 1030(a)(5) of Title 18, United 

States Code, are incarcerated for not less 

than 6 months. 

TITLE VI—CRIMINAL PROCEDURAL 

IMPROVEMENTS 

Subtitle A—Habeas Corpus Reform 

SEC. 601. FILING DEADLINES. 

Section 2244 of title 28, United States Code, 

is amended by adding at the end the following new subsection: 

‘‘(d)(1) A 1-year period of limitation shall 

apply to an application for a writ of habeas 

corpus by a person in custody pursuant to 

the judgment of a State court. The limitation period shall run from the latest of—

‘‘(A) the date on which the judgment became final by the conclusion of direct review 

or the expiration of the time for seeking 

such review; 

‘‘(B) the date on which the impediment to 

filing an application created by State action 

in violation of the Constitution or laws of 

the United States is removed, if the applicant was prevented from filing by such State 

action; 

‘‘(C) the date on which the constitutional 

right asserted was initially recognized by the 

Supreme Court, if the right has been newly 

recognized by the Supreme Court and made 

retroactively applicable to cases on collateral review; or 

‘‘(D) the date on which the factual predicate of the claim or claims presented could 

have been discovered through the exercise of 

due diligence. 

‘‘(2) The time during which a properly filed 

application for State post-conviction or 

other collateral review with respect to the 

pertinent judgment or claim shall not be 

counted toward any period of limitation 

under this subsection.’’. 

SEC. 602. APPEAL. 

Section 2253 of title 28, United States Code, 

is amended to read as follows: 

‘‘§ 2253. Appeal 

‘‘(a) In a habeas corpus proceeding or a 

proceeding under section 2255 before a district judge, the final order shall be subject to 

review, on appeal, by the court of appeals for 

the circuit in which the proceeding is held. 

‘‘(b) There shall be no right of appeal from 

a final order in a proceeding to test the validity of a warrant to remove to another district or place for commitment or trial a person charged with a criminal offense against 

the United States, or to test the validity of 

such person’s detention pending removal proceedings. 

‘‘(c)(1) Unless a circuit justice or judge 

issues a certificate of appealability, an appeal may not be taken to the court of appeals from—

‘‘(A) the final order in a habeas corpus proceeding in which the detention complained 

of arises out of process issued by a State 

court; or 

‘‘(B) the final order in a proceeding under 

section 2255. 

‘‘(2) A certificate of appealability may 

issue under paragraph (1) only if the applicant has made a substantial showing of the 

denial of a constitutional right. 

‘‘(3) The certificate of appealability under 

paragraph (1) shall indicate which specific 

issue or issues satisfy the showing required 

by paragraph (2).’’. 

SEC. 603. AMENDMENT OF FEDERAL RULES OF 

APPELLATE PROCEDURE. 

Rule 22 of the Federal Rules of Appellate 

Procedure is amended to read as follows: 

‘‘Rule 22. Habeas corpus and section 2255 

proceedings 

‘‘(a) APPLICATION FOR THE ORIGINAL WRIT.—

An application for a writ of habeas corpus 

shall be made to the appropriate district 

court. If application is made to a circuit 

judge, the application shall be transferred to 

the appropriate district court. If an application is made to or transferred to the district 

court and denied, renewal of the application 

before a circuit judge shall not be permitted. 

The applicant may, pursuant to section 2253 

of title 28, United States Code, appeal to the 

appropriate court of appeals from the order 

of the district court denying the writ. 

‘‘(b) CERTIFICATE OF APPEALABILITY.—In a 

habeas corpus proceeding in which the detention complained of arises out of process 

issued by a State court, an appeal by the applicant for the writ may not proceed unless 

a district or a circuit judge issues a certificate of appealability pursuant to section 

2253(c) of title 28, United States Code. If an 

appeal is taken by the applicant, the district 

judge who rendered the judgment shall either issue a certificate of appealability or 

state the reasons why such a certificate 

should not issue. The certificate or the statement shall be forwarded to the court of appeals with the notice of appeal and the file of 

the proceedings in the district court. If the 

district judge has denied the certificate, the 

applicant for the writ may then request 

issuance of the certificate by a circuit judge. 

If such a request is addressed to the court of 

appeals, it shall be deemed addressed to the 

judges thereof and shall be considered by a 

circuit judge or judges as the court deems 

appropriate. If no express request for a certificate is filed, the notice of appeal shall be 

deemed to constitute a request addressed to 

the judges of the court of appeals. If an appeal is taken by a State or its representative, a certificate of appealability is not required.’’. 

SEC. 604. SECTION 2254 AMENDMENTS. 

Section 2254 of title 28, United States Code, 

is amended—

(1) by amending subsection (b) to read as 

follows: 

‘‘(b)(1) An application for a writ of habeas 

corpus on behalf of a person in custody pursuant to the judgment of a State court shall 

not be granted unless it appears that—

‘‘(A) the applicant has exhausted the remedies available in the courts of the State; or 

‘‘(B)(i) there is an absence of available 

State corrective process; or 

‘‘(ii) circumstances exist that render such 

process ineffective to protect the rights of 

the applicant. 

‘‘(2) An application for a writ of habeas 

corpus may be denied on the merits, notwithstanding the failure of the applicant to 

exhaust the remedies available in the courts 

of the State. 

‘‘(3) A State shall not be deemed to have 

waived the exhaustion requirement or be estopped from reliance upon the requirement 

unless the State, through counsel, expressly 

waives the requirement.’’; 

(2) by redesignating subsections (d), (e), 

and (f) as subsections (e), (f), and (g), respectively; 

(3) by inserting after subsection (c) the following new subsection: 

‘‘(d) An application for a writ of habeas 

corpus on behalf of a person in custody pursuant to the judgment of a State court shall 

not be granted with respect to any claim 

that was adjudicated on the merits in State 

court proceedings unless the adjudication of 

the claim—

‘‘(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as 

determined by the Supreme Court of the 

United States; or 

‘‘(2) resulted in a decision that was based 

on an unreasonable determination of the 

facts in light of the evidence presented in the 

State court proceeding.’’; 

(4) by amending subsection (e), as redesignated by paragraph (2), to read as follows: 

‘‘(e)(1) In a proceeding instituted by an application for a writ of habeas corpus by a 

person in custody pursuant to the judgment 

of a State court, a determination of a factual 

issue made by a State court shall be presumed to be correct. The applicant shall 

have the burden of rebutting the presumption of correctness by clear and convincing 

evidence. 

‘‘(2) If the applicant has failed to develop 

the factual basis of a claim in State court 

proceedings, the court shall not hold an evidentiary hearing on the claim unless the applicant shows that—

‘‘(A) the claim relies on—

‘‘(i) a new rule of constitutional law, made 

retroactive to cases on collateral review by 

the Supreme Court, that was previously unavailable; or 

‘‘(ii) a factual predicate that could not 

have been previously discovered through the 

exercise of due diligence; and 

‘‘(B) the facts underlying the claim would 

be sufficient to establish by clear and convincing evidence that but for constitutional 

error, no reasonable factfinder would have 

found the applicant guilty of the underlying 

offense.’’; and 

(5) by adding at the end the following new 

subsections: 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS

May 25, 1995 CONGRESSIONAL RECORD— SENATE S7565 

‘‘(h) Notwithstanding any other provision 

of law, in all proceedings brought under this 

section, and any subsequent proceedings on 

review, appointment of counsel for an applicant who is or becomes financially unable to 

afford counsel shall be in the discretion of 

the court, except as provided by a rule promulgated by the Supreme Court pursuant to 

statutory authority. Appointment of counsel 

under this section shall be governed by section 3006A of title 18. 

‘‘(i) The ineffectiveness or incompetence of 

counsel during Federal or State collateral 

post-conviction proceedings shall not be a 

ground for relief in a proceeding arising 

under section 2254.’’. 

SEC. 605. SECTION 2255 AMENDMENTS. 

Section 2255 of title 28, United States Code, 

is amended—

(1) by striking the second and fifth undesignated paragraphs; and 

(2) by adding at the end the following new 

undesignated paragraphs: 

‘‘A 1-year period of limitation shall apply 

to a motion under this section. The limitation period shall run from the latest of—

‘‘(1) the date on which the judgment of 

conviction becomes final; 

‘‘(2) the date on which the impediment to 

making a motion created by governmental 

action in violation of the Constitution or 

laws of the United States is removed, if the 

movant was prevented from making a motion by such governmental action; 

‘‘(3) the date on which the right asserted 

was initially recognized by the Supreme 

Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or 

‘‘(4) the date on which the facts supporting 

the claim or claims presented could have 

been discovered through the exercise of due 

diligence. 

‘‘In all proceedings brought under this section, and any subsequent proceedings on review, appointment of counsel for a movant 

who is or becomes financially unable to afford counsel shall be in the discretion of the 

court, except as provided by a rule promulgated by the Supreme Court pursuant to 

statutory authority. Appointment of counsel 

under this section shall be governed by section 3006A of title 18. 

‘‘A second or successive motion must be 

certified as provided in section 2244 by a 

panel of the appropriate court of appeals to 

contain—

‘‘(1) newly discovered evidence that, if 

proven and viewed in light of the evidence as 

a whole, would be sufficient to establish by 

clear and convincing evidence that no reasonable factfinder would have found the 

movant guilty of the offense; or 

‘‘(2) a new rule of constitutional law, made 

retroactive to cases on collateral review by 

the Supreme Court, that was previously unavailable.’’. 

SEC. 606. LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS. 

(a) CONFORMING AMENDMENT TO SECTION

2244(a).—Section 2244(a) of title 28, United 

States Code, is amended by striking ‘‘and the 

petition’’ and all that follows through ‘‘by 

such inquiry.’’ and inserting ‘‘, except as provided in section 2255.’’. 

(b) LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS.—Section 2244(b) of title 28, United 

States Code, is amended to read as follows: 

‘‘(b)(1) A claim presented in a second or 

successive habeas corpus application under 

section 2254 that was presented in a prior application shall be dismissed. 

‘‘(2) A claim presented in a second or successive habeas corpus application under section 2254 that was not presented in a prior 

application shall be dismissed unless—

‘‘(A) the applicant shows that the claim relies on a new rule of constitutional law, 

made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or 

‘‘(B)(i) the factual predicate for the claim 

could not have been discovered previously 

through the exercise of due diligence; and 

‘‘(ii) the facts underlying the claim, if 

proven and viewed in light of the evidence as 

a whole, would be sufficient to establish by 

clear and convincing evidence that, but for 

constitutional error, no reasonable 

factfinder would have found the applicant 

guilty of the underlying offense. 

‘‘(3)(A) Before a second or successive application permitted by this section is filed in 

the district court, the applicant shall move 

in the appropriate court of appeals for an 

order authorizing the district court to consider the application. 

‘‘(B) A motion in the court of appeals for 

an order authorizing the district court to 

consider a second or successive application 

shall be determined by a three-judge panel of 

the court of appeals. 

‘‘(C) The court of appeals may authorize 

the filing of a second or successive application only if it determines that the application makes a prima facie showing that the 

application satisfies the requirements of this 

subsection. 

‘‘(D) The court of appeals shall grant or 

deny the authorization to file a second or 

successive application not later than 30 days 

after the filing of the motion. 

‘‘(E) The grant or denial of an authorization by a court of appeals to file a second or 

successive application shall not be appealable and shall not be the subject of a petition 

for rehearing or for a writ of certiorari. 

‘‘(4) A district court shall dismiss any 

claim presented in a second or successive application that the court of appeals has authorized to be filed unless the applicant 

shows that the claim satisfies the requirements of this section.’’. 

SEC. 607. DEATH PENALTY LITIGATION PROCEDURES. 

(a) ADDITION OF CHAPTER TO TITLE 28, 

UNITED STATES CODE.—Title 28, United 

States Code, is amended by inserting after 

chapter 153 the following new chapter: 

‘‘CHAPTER 154—SPECIAL HABEAS CORPUS 

PROCEDURES IN CAPITAL CASES 

‘‘Sec. 

‘‘2261. Prisoners in State custody subject to 

capital sentence; appointment 

of counsel; requirement of rule 

of court or statute; procedures 

for appointment. 

‘‘2262. Mandatory stay of execution; duration; limits on stays of execution; successive petitions. 

‘‘2263. Filing of habeas corpus application; 

time requirements; tolling 

rules. 

‘‘2264. Scope of Federal review; district court 

adjudications. 

‘‘2265. Application to State unitary review 

procedure. 

‘‘2266. Limitation periods for determining 

applications and motions. 

‘‘§ 2261. Prisoners in State custody subject to 

capital sentence; appointment of counsel; 

requirement of rule of court or statute; procedures for appointment 

‘‘(a) This chapter shall apply to cases arising under section 2254 brought by prisoners 

in State custody who are subject to a capital 

sentence. It shall apply only if the provisions 

of subsections (b) and (c) are satisfied. 

‘‘(b) This chapter is applicable if a State 

establishes by statute, rule of its court of 

last resort, or by another agency authorized 

by State law, a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings 

brought by indigent prisoners whose capital 

convictions and sentences have been upheld 

on direct appeal to the court of last resort in 

the State or have otherwise become final for 

State law purposes. The rule of court or statute must provide standards of competency 

for the appointment of such counsel. 

‘‘(c) Any mechanism for the appointment, 

compensation, and reimbursement of counsel 

as provided in subsection (b) must offer 

counsel to all State prisoners under capital 

sentence and must provide for the entry of 

an order by a court of record—

‘‘(1) appointing one or more counsels to 

represent the prisoner upon a finding that 

the prisoner is indigent and accepted the 

offer or is unable competently to decide 

whether to accept or reject the offer; 

‘‘(2) finding, after a hearing if necessary, 

that the prisoner rejected the offer of counsel and made the decision with an understanding of its legal consequences; or 

‘‘(3) denying the appointment of counsel 

upon a finding that the prisoner is not indigent. 

‘‘(d) No counsel appointed pursuant to subsections (b) and (c) to represent a State prisoner under capital sentence shall have previously represented the prisoner at trial or 

on direct appeal in the case for which the appointment is made unless the prisoner and 

counsel expressly request continued representation. 

‘‘(e) The ineffectiveness or incompetence of 

counsel during State or Federal post-conviction proceedings in a capital case shall not 

be a ground for relief in a proceeding arising 

under section 2254. This limitation shall not 

preclude the appointment of different counsel, on the court’s own motion or at the request of the prisoner, at any phase of State 

or Federal post-conviction proceedings on 

the basis of the ineffectiveness or incompetence of counsel in such proceedings. 

‘‘§ 2262. Mandatory stay of execution; duration; limits on stays of execution; successive petitions 

‘‘(a) Upon the entry in the appropriate 

State court of record of an order under section 2261(c), a warrant or order setting an 

execution date for a State prisoner shall be 

stayed upon application to any court that 

would have jurisdiction over any proceedings 

filed under section 2254. The application 

shall recite that the State has invoked the 

post-conviction review procedures of this 

chapter and that the scheduled execution is 

subject to stay. 

‘‘(b) A stay of execution granted pursuant 

to subsection (a) shall expire if—

‘‘(1) a State prisoner fails to file a habeas 

corpus application under section 2254 within 

the time required in section 2263; 

‘‘(2) before a court of competent jurisdiction, in the presence of counsel, unless the 

prisoner has competently and knowingly 

waived such counsel, and after having been 

advised of the consequences, a State prisoner 

under capital sentence waives the right to 

pursue habeas corpus review under section 

2254; or 

‘‘(3) a State prisoner files a habeas corpus 

petition under section 2254 within the time 

required by section 2263 and fails to make a 

substantial showing of the denial of a Federal right or is denied relief in the district 

court or at any subsequent stage of review. 

‘‘(c) If one of the conditions in subsection 

(b) has occurred, no Federal court thereafter 

shall have the authority to enter a stay of 

execution in the case, unless the court of appeals approves the filing of a second or successive application under section 2244(b). 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS

S7566 CONGRESSIONAL RECORD— SENATE May 25, 1995 

‘‘§ 2263. Filing of habeas corpus application; 

time requirements; tolling rules 

‘‘(a) Any application under this chapter for 

habeas corpus relief under section 2254 must 

be filed in the appropriate district court not 

later than 180 days after final State court affirmance of the conviction and sentence on 

direct review or the expiration of the time 

for seeking such review. 

‘‘(b) The time requirements established by 

subsection (a) shall be tolled—

‘‘(1) from the date that a petition for certiorari is filed in the Supreme Court until 

the date of final disposition of the petition if 

a State prisoner files the petition to secure 

review by the Supreme Court of the affirmance of a capital sentence on direct review 

by the court of last resort of the State or 

other final State court decision on direct review; 

‘‘(2) from the date on which the first petition for post-conviction review or other collateral relief is filed until the final State 

court disposition of such petition; and 

‘‘(3) during an additional period not to exceed 30 days, if—

‘‘(A) a motion for an extension of time is 

filed in the Federal district court that would 

have jurisdiction over the case upon the filing of a habeas corpus application under section 2254; and 

‘‘(B) a showing of good cause is made for 

the failure to file the habeas corpus application within the time period established by 

this section. 

‘‘§ 2264. Scope of Federal review; district 

court adjudications 

‘‘(a) Whenever a State prisoner under capital sentence files a petition for habeas corpus relief to which this chapter applies, the 

district court shall only consider a claim or 

claims that have been raised and decided on 

the merits in the State courts, unless the 

failure to raise the claim properly is—

‘‘(1) the result of State action in violation 

of the Constitution or laws of the United 

States; 

‘‘(2) the result of the Supreme Court recognition of a new Federal right made retroactively applicable to cases on collateral review by the Supreme Court; or 

‘‘(3) based on a factual predicate that could 

not have been discovered through the exercise of due diligence in time to present the 

claim for State or Federal post-conviction 

review. 

‘‘(b) Following review subject to subsections (a), (d), and (e) of section 2254, the 

court shall rule on the claims properly before it. 

‘‘§ 2265. Application to State unitary review 

procedure 

‘‘(a) For purposes of this section, a ‘unitary review’ procedure means a State procedure that authorizes a person under sentence 

of death to raise, in the course of direct review of the judgment, such claims as could 

be raised on collateral attack. This chapter 

shall apply, as provided in this section, in relation to a State unitary review procedure if 

the State establishes by rule of its court of 

last resort or by statute a mechanism for the 

appointment, compensation, and payment of 

reasonable litigation expenses of competent 

counsel in the unitary review proceedings, 

including expenses relating to the litigation 

of collateral claims in the proceedings. The 

rule of court or statute must provide standards of competency for the appointment of 

such counsel. 

‘‘(b) To qualify under this section, a unitary review procedure must include an offer 

of counsel following trial for the purpose of 

representation on unitary review, and entry 

of an order, as provided in section 2261(c), 

concerning appointment of counsel or waiver 

or denial of appointment of counsel for that 

purpose. No counsel appointed to represent 

the prisoner in the unitary review proceedings shall have previously represented 

the prisoner at trial in the case for which the 

appointment is made unless the prisoner and 

counsel expressly request continued representation. 

‘‘(c) Sections 2262, 2263, 2264, and 2266 shall 

apply in relation to cases involving a sentence of death from any State having a unitary review procedure that qualifies under 

this section. References to State ‘post-conviction review’ and ‘direct review’ in such 

sections shall be understood as referring to 

unitary review under the State procedure. 

The reference in section 2262(a) to ‘an order 

under section 2261(c)’ shall be understood as 

referring to the post-trial order under subsection (b) concerning representation in the 

unitary review proceedings, but if a transcript of the trial proceedings is unavailable 

at the time of the filing of such an order in 

the appropriate State court, then the start 

of the 180-day limitation period under section 2263 shall be deferred until a transcript 

is made available to the prisoner or counsel 

of the prisoner. 

‘‘§ 2266. Limitation periods for determining 

applications and motions 

‘‘(a) The adjudication of any application 

under section 2254 that is subject to this 

chapter, and the adjudication of any motion 

under section 2255 by a person under sentence of death, shall be given priority by the 

district court and by the court of appeals 

over all noncapital matters. 

‘‘(b)(1)(A) A district court shall render a 

final determination and enter a final judgment on any application for a writ of habeas 

corpus brought under this chapter in a capital case not later than 180 days after the 

date on which the application is filed. 

‘‘(B) A district court shall afford the parties at least 120 days in which to complete 

all actions, including the preparation of all 

pleadings and briefs, and if necessary, a hearing, prior to the submission of the case for 

decision. 

‘‘(C)(i) A district court may delay for not 

more than one additional 30-day period beyond the period specified in subparagraph 

(A), the rendering of a determination of an 

application for a writ of habeas corpus if the 

court issues a written order making a finding, and stating the reasons for the finding, 

that the ends of justice that would be served 

by allowing the delay outweigh the best interests of the public and the applicant in a 

speedy disposition of the application. 

‘‘(ii) The factors, among others, that a 

court shall consider in determining whether 

a delay in the disposition of an application is 

warranted are as follows: 

‘‘(I) Whether the failure to allow the delay 

would be likely to result in a miscarriage of 

justice. 

‘‘(II) Whether the case is so unusual or so 

complex, due to the number of defendants, 

the nature of the prosecution, or the existence of novel questions of fact or law, that it 

is unreasonable to expect adequate briefing 

within the time limitations established by 

subparagraph (A). 

‘‘(III) Whether the failure to allow a delay 

in a case, that, taken as a whole, is not so 

unusual or so complex as described in subclause (II), but would otherwise deny the applicant reasonable time to obtain counsel, 

would unreasonably deny the applicant or 

the government continuity of counsel, or 

would deny counsel for the applicant or the 

government the reasonable time necessary 

for effective preparation, taking into account the exercise of due diligence. 

‘‘(iii) No delay in disposition shall be permissible because of general congestion of the 

court’s calendar. 

‘‘(iv) The court shall transmit a copy of 

any order issued under clause (i) to the Director of the Administrative Office of the 

United States Courts for inclusion in the report under paragraph (5). 

‘‘(2) The time limitations under paragraph 

(1) shall apply to—

‘‘(A) an initial application for a writ of habeas corpus; 

‘‘(B) any second or successive application 

for a writ of habeas corpus; and 

‘‘(C) any redetermination of an application 

for a writ of habeas corpus following a remand by the court of appeals or the Supreme 

Court for further proceedings, in which case 

the limitation period shall run from the date 

the remand is ordered. 

‘‘(3)(A) The time limitations under this 

section shall not be construed to entitle an 

applicant to a stay of execution, to which 

the applicant would otherwise not be entitled, for the purpose of litigating any application or appeal. 

‘‘(B) No amendment to an application for a 

writ of habeas corpus under this chapter 

shall be permitted after the filing of the answer to the application, except on the 

grounds specified in section 2244(b). 

‘‘(4)(A) The failure of a court to meet or 

comply with a time limitation under this 

section shall not be a ground for granting relief from a judgment of conviction or sentence. 

‘‘(B) The State may enforce a time limitation under this section by petitioning for a 

writ of mandamus to the court of appeals. 

The court of appeals shall act on the petition 

for a writ or mandamus not later than 30 

days after the filing of the petition. 

‘‘(5)(A) The Administrative Office of 

United States Courts shall submit to Congress an annual report on the compliance by 

the district courts with the time limitations 

under this section. 

‘‘(B) The report described in subparagraph 

(A) shall include copies of the orders submitted by the district courts under paragraph (1)(B)(iv). 

‘‘(c)(1)(A) A court of appeals shall hear and 

render a final determination of any appeal of 

an order granting or denying, in whole or in 

part, an application brought under this chapter in a capital case not later than 120 days 

after the date on which the reply brief is 

filed, or if no reply brief is filed, not later 

than 120 days after the date on which the answering brief is filed. 

‘‘(B)(i) A court of appeals shall decide 

whether to grant a petition for rehearing or 

other request for rehearing en banc not later 

than 30 days after the date on which the petition for rehearing is filed unless a responsive 

pleading is required, in which case the court 

shall decide whether to grant the petition 

not later than 30 days after the date on 

which the responsive pleading is filed. 

‘‘(ii) If a petition for rehearing or rehearing en banc is granted, the court of appeals 

shall hear and render a final determination 

of the appeal not later than 120 days after 

the date on which the order granting rehearing or rehearing en banc is entered. 

‘‘(2) The time limitations under paragraph 

(1) shall apply to—

‘‘(A) an initial application for a writ of habeas corpus; 

‘‘(B) any second or successive application 

for a writ of habeas corpus; and 

‘‘(C) any redetermination of an application 

for a writ of habeas corpus or related appeal 

following a remand by the court of appeals 

en banc or the Supreme Court for further 

proceedings, in which case the limitation period shall run from the date the remand is 

ordered. 

‘‘(3) The time limitations under this section shall not be construed to entitle an applicant to a stay of execution, to which the 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS

May 25, 1995 CONGRESSIONAL RECORD— SENATE S7567 

applicant would otherwise not be entitled, 

for the purpose of litigating any application 

or appeal. 

‘‘(4)(A) The failure of a court to meet or 

comply with a time limitation under this 

section shall not be a ground for granting relief from a judgment of conviction or sentence. 

‘‘(B) The State may enforce a time limitation under this section by applying for a writ 

of mandamus to the Supreme Court. 

‘‘(5) The Administrative Office of United 

States Courts shall submit to Congress an 

annual report on the compliance by the 

courts of appeals with the time limitations 

under this section.’’. 

(b) TECHNICAL AMENDMENT.—The part analysis for part IV of title 28, United States 

Code, is amended by adding after the item 

relating to chapter 153 the following new 

item: 

‘‘154. Special habeas corpus procedures in capital cases ........... 2261.’’. 

(c) EFFECTIVE DATE.—Chapter 154 of title 

28, United States Code (as added by subsection (a)) shall apply to cases pending on 

or after the date of enactment of this Act. 

SEC. 608. TECHNICAL AMENDMENT. 

Section 408(q) of the Controlled Substances 

Act (21 U.S.C. 848(q)) is amended—

(1) in paragraph (4)(A), by striking ‘‘shall’’

and inserting ‘‘may’’; 

(2) in paragraph (4)(B), by striking ‘‘shall’’

and inserting ‘‘may’’; and 

(3) by amending paragraph (9) to read as 

follows: 

‘‘(9) Upon a finding that investigative, expert, or other services are reasonably necessary for the representation of the defendant, whether in connection with issues relating to guilt or the sentence, the court may 

authorize the defendant’s attorneys to obtain such services on behalf of the defendant 

and, if so authorized, shall order the payment of fees and expenses therefor under 

paragraph (10). No ex parte proceeding, communication, or request may be considered 

pursuant to this section unless a proper 

showing is made concerning the need for confidentiality. Any such proceeding, communication, or request shall be transcribed and 

made a part of the record available for appellate review.’’. 

Subtitle B—Criminal Procedural 

Improvements 

SEC. 621. CLARIFICATION AND EXTENSION OF 

CRIMINAL JURISDICTION OVER CERTAIN TERRORISM OFFENSES OVERSEAS. 

(a) AIRCRAFT PIRACY.—Section 46502(b) of 

title 49, United States Code, is amended—

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

found in the United States’’; 

(2) by amending paragraph (2) to read as 

follows: 

‘‘(2) The courts of the United States have 

jurisdiction over the offense in paragraph (1) 

if—

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

aboard the aircraft; 

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

States; or 

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

United States.’’; and 

(3) by adding at the end the following new 

paragraph: 

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

term ‘national of the United States’ has the 

meaning given such term in section 101(a)(22) 

of the Immigration and Nationality Act (8 

U.S.C. 1101(a)(22)).’’. 

(b) DESTRUCTION OF AIRCRAFT OR AIRCRAFT

FACILITIES.—Section 32(b) of title 18, United 

States Code, is amended—

(1) by striking ‘‘(b) Whoever’’ and inserting 

‘‘(b)(1) Whoever’’; 

(2) by redesignating paragraphs (1) through 

(4) as subparagraphs (A) through (D), respectively; 

(3) by striking ‘‘, if the offender is later 

found in the United States,’’; and 

(4) by adding at the end the following new 

paragraphs: 

‘‘(2) The courts of the United States have 

jurisdiction over an offense described in this 

subsection if—

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

board, or would have been on board, the aircraft; 

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

States; or 

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

United States. 

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

term ‘national of the United States’ has the 

meaning given such term in section 101(a)(22) 

of the Immigration and Nationality Act (8 

U.S.C. 1101(a)(22)).’’. 

(c) MURDER OR MANSLAUGHTER OF INTERNATIONALLY PROTECTED PERSONS.—Section 

1116 of title 18, United States Code, is amended—

(1) in subsection (a), by striking ‘‘, except 

that’’; 

(2) in subsection (b), by adding at the end 

the following new paragraph: 

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

meaning given such term in section 101(a)(22) 

of the Immigration and Nationality Act (8 

U.S.C. 1101(a)(22)).’’; and 

(3) in subsection (c), by striking the first 

sentence and inserting the following: ‘‘If the 

victim of an offense under subsection (a) is 

an internationally protected person outside 

the United States, the United States may exercise jurisdiction over the offense if (1) the 

victim is a representative, officer, employee, 

or agent of the United States, (2) an offender 

is a national of the United States, or (3) an 

offender is afterwards found in the United 

States.’’. 

(d) PROTECTION OF INTERNATIONALLY PROTECTED PERSONS.—Section 112 of title 18, 

United States Code, is amended—

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

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

(2) in subsection (e), by striking the first 

sentence and inserting the following: ‘‘If the 

victim of an offense under subsection (a) is 

an internationally protected person outside 

the United States, the United States may exercise jurisdiction over the offense if (1) the 

victim is a representative, officer, employee, 

or agent of the United States, (2) an offender 

is a national of the United States, or (3) an 

offender is afterwards found in the United 

States.’’. 

(e) THREATS AGAINST INTERNATIONALLY

PROTECTED PERSONS.—Section 878 of title 18, 

United States Code, is amended—

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

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

(2) in subsection (d), by striking the first 

sentence and inserting the following: ‘‘If the 

victim of an offense under subsection (a) is 

an internationally protected person outside 

the United States, the United States may exercise jurisdiction over the offense if (1) the 

victim is a representative, officer, employee, 

or agent of the United States, (2) an offender 

is a national of the United States, or (3) an 

offender is afterwards found in the United 

States.’’. 

(f) KIDNAPPING OF INTERNATIONALLY PROTECTED PERSONS.—Section 1201(e) of title 18, 

United States Code, is amended—

(1) by striking the first sentence and inserting the following: ‘‘If the victim of an offense under subsection (a) is an internationally protected person outside the United 

States, the United States may exercise jurisdiction over the offense if (1) the victim is a 

representative, officer, employee, or agent of 

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

is afterwards found in the United States.’’; 

and 

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

purposes of this subsection, the term ‘national of the United States’ has the meaning 

given such term in section 101(a)(22) of the 

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

1101(a)(22).’’. 

(g) VIOLENCE AT INTERNATIONAL AIRPORTS.—Section 37(b)(2) of title 18, United 

States Code, is amended to read as follows: 

‘‘(2) the prohibited activity takes place 

outside the United States, and—

‘‘(A) the offender is later found in the 

United States; or 

‘‘(B) an offender or a victim is a national of 

the United States (as defined in section 

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

Act (8 U.S.C. 1101(a)(22))).’’. 

(h) NATIONAL OF THE UNITED STATES DEFINED.—Section 178 of title 18, United States 

Code, is amended—

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

paragraph (3); 

(2) by striking the period at the end of 

paragraph (4) and inserting ‘‘; and’’; and 

(3) by adding at the end the following new 

paragraph: 

‘‘(5) the term ‘national of the United 

States’ has the meaning given such term in 

section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).’’. 

SEC. 622. EXPANSION OF TERRITORIAL SEA. 

(a) TERRITORIAL SEA EXTENDING TO TWELVE

MILES INCLUDED IN SPECIAL MARITIME AND

TERRITORIAL JURISDICTION.—The Congress 

declares that all the territorial sea of the 

United States, as defined by Presidential 

Proclamation 5928 of December 27, 1988, for 

purposes of criminal jurisdiction is part of 

the United States, subject to its sovereignty, 

and, for purposes of Federal criminal jurisdiction, is within the special maritime and 

territorial jurisdiction of the United States 

wherever that term is used in title 18, United 

States Code. 

(b) ASSIMILATED CRIMES IN EXTENDED TERRITORIAL SEA.—Section 13 of title 18, United 

States Code (relating to the adoption of 

State laws for areas within Federal jurisdiction), is amended—

(1) in subsection (a), by inserting after 

‘‘title,’’ the following: ‘‘or on, above, or 

below any portion of the territorial sea of 

the United States not within the jurisdiction 

of any State, Commonwealth, territory, possession, or district’’; and 

(2) by adding at the end the following new 

subsection: 

‘‘(c) Whenever any waters of the territorial 

sea of the United States lie outside the territory of any State, Commonwealth, territory, 

possession, or district, such waters (including the airspace above and the seabed and 

subsoil below, and artificial islands and fixed 

structures erected thereon) shall be deemed 

for purposes of subsection (a) to lie within 

the area of that State, Commonwealth, territory, possession, or district it would lie within if the boundaries of such State, Commonwealth, territory, possession, or district were 

extended seaward to the outer limit of the 

territorial sea of the United States.’’. 

SEC. 623. EXPANSION OF WEAPONS OF MASS DESTRUCTION STATUTE. 

(a) IN GENERAL.—Section 2332a of title 18, 

United States Code, is amended—

(1) in subsection (a)—

(A) by inserting ‘‘threatens,’’ before ‘‘attempts’’; and 

(B) by inserting ‘‘that has moved in, or affected interstate commerce’’ after ‘‘destruction’’; 

(2) by redesignating subsection (b) as subsection (c); 

(3) by adding immediately after subsection 

(a) the following new subsection: 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS

S7568 CONGRESSIONAL RECORD— SENATE May 25, 1995 

‘‘(b) USE OUTSIDE UNITED STATES.—Any national of the United States who outside of 

the United States uses, threatens, attempts, 

or conspires to use, a weapon of mass destruction, shall be imprisoned for any term 

of years or for life, and if death results, shall 

be punished by death or imprisonment for 

any term of years or for life.’’; and 

(4) by amending subsection (c)(2)(B), as redesignated by paragraph (3), by striking 

‘‘poison gas’’ and inserting ‘‘any poisonous 

chemical agent or substance, regardless of 

form or delivery system, designed for causing widespread death or injury;’’. 

(b) DEFINITION OF DESTRUCTIVE DEVICE.—

Section 921(a)(4)(A) of title 18, United States 

Code, is amended by striking ‘‘poison gas’’

and inserting ‘‘poisonous chemical agent or 

substance’’. 

(c) CONFORMING AMENDMENT.—Section 

5845(f)(1) of the Internal Revenue Code of 1986 

is amended by striking ‘‘poison gas’’ and inserting ‘‘poisonous chemical agent or substance’’. 

SEC. 624. ADDITION OF TERRORISM OFFENSES 

TO THE RICO STATUTE. 

Section 1961(1) of title 18, United States 

Code, is amended—

(1) in subparagraph (B)—

(A) by inserting after ‘‘Section’’ the following: ‘‘32 (relating to the destruction of 

aircraft), section 37 (relating to violence at 

international airports), section 115 (relating 

to influencing, impeding, or retaliating 

against a Federal official by threatening or 

injuring a family member), section’’; 

(B) by inserting after ‘‘section 224 (relating 

to sports bribery),’’ the following: ‘‘section 

351 (relating to congressional or Cabinet officer assassination),’’; 

(C) by inserting after ‘‘section 664 (relating 

to embezzlement from pension and welfare 

funds),’’ the following: ‘‘section 831 (relating 

to prohibited transactions involving nuclear 

materials), section 844 (f) or (i) (relating to 

destruction by explosives or fire of government property or property affecting interstate or foreign commerce),’’; 

(D) by inserting after ‘‘sections 891–894 (relating to extortionate credit transactions),’’

the following: ‘‘section 956 (relating to conspiracy to kill, kidnap, maim, or injure certain property in a foreign country),’’; 

(E) by inserting after ‘‘section 1084 (relating to the transmission of gambling information),’’ the following: ‘‘section 1111 (relating 

to murder), section 1114 (relating to murder 

of United States law enforcement officials), 

section 1116 (relating to murder of foreign officials, official guests, or internationally 

protected persons), section 1203 (relating to 

hostage taking),’’; 

(F) by inserting after ‘‘section 1344 (relating to financial institution fraud),’’ the following: ‘‘section 1361 (relating to willful injury of government property within the special maritime and territorial jurisdiction),’’; 

(G) by inserting after ‘‘section 1513 (relating to retaliating against a witness, victim, 

or an informant),’’ the following: ‘‘section 

1751 (relating to Presidential assassination),’’; 

(H) by inserting after ‘‘section 1958 (relating to use of interstate commerce facilities 

in the commission of murder-for-hire),’’ the 

following: ‘‘section 2280 (relating to violence 

against maritime navigation), section 2281 

(relating to violence against maritime fixed 

platforms),’’; and 

(I) by inserting after ‘‘2321 (relating to 

trafficking in certain motor vehicles or 

motor vehicle parts),’’ the following: ‘‘section 2332 (relating to terrorist acts abroad 

against United States nationals), section 

2332a (relating to use of weapons of mass destruction), section 2332b (relating to acts of 

terrorism transcending national boundaries), 

section 2339A (relating to providing material 

support to terrorists),’’; 

(2) by striking ‘‘or’’ before ‘‘(E)’’; and 

(3) by inserting before the semicolon at the 

end the following: ‘‘, or (F) section 46502 of 

title 49, United States Code’’. 

SEC. 625. ADDITION OF TERRORISM OFFENSES 

TO THE MONEY LAUNDERING STATUTE. 

Section 1956(c)(7) of title 18, United States 

Code, is amended—

(1) in subparagraph (B), by amending 

clause (ii) to read as follows: 

‘‘(ii) murder, kidnapping, robbery, extortion, or destruction of property by means of 

explosive or fire;’’; and 

(2) in subparagraph (D)—

(A) by inserting after ‘‘an offense under’’

the following: ‘‘section 32 (relating to the destruction of aircraft), section 37 (relating to 

violence at international airports), section 

115 (relating to influencing, impeding, or retaliating against a Federal official by 

threatening or injuring a family member),’’; 

(B) by inserting after ‘‘section 215 (relating 

to commissions or gifts for procuring 

loans),’’ the following: ‘‘section 351 (relating 

to congressional or Cabinet officer assassination),’’; 

(C) by inserting after ‘‘section 798 (relating 

to espionage),’’ the following: ‘‘section 831 

(relating to prohibited transactions involving nuclear materials), section 844 (f) or (i) 

(relating to destruction by explosives or fire 

of Government property or property affecting interstate or foreign commerce),’’; 

(D) by inserting after ‘‘section 875 (relating 

to interstate communications),’’ the following: ‘‘section 956 (relating to conspiracy 

to kill, kidnap, maim, or injure certain property in a foreign country),’’; 

(E) by inserting after ‘‘section 1032 (relating to concealment of assets from conservator, receiver, or liquidating agent of financial institution),’’ the following: ‘‘section 

1111 (relating to murder), section 1114 (relating to murder of United States law enforcement officials), section 1116 (relating to murder of foreign officials, official guests, or 

internationally protected persons),’’; 

(F) by inserting after ‘‘section 1203 (relating to hostage taking)’’ the following: ‘‘section 1361 (relating to willful injury of Government property), section 1363 (relating to 

destruction of property within the special 

maritime and territorial jurisdiction),’’; 

(G) by inserting after ‘‘section 1708 (relating to theft from the mail)’’ the following: 

‘‘section 1751 (relating to Presidential assassination),’’; 

(H) by inserting after ‘‘2114 (relating to 

bank and postal robbery and theft),’’ the following: ‘‘section 2280 (relating to violence 

against maritime navigation), section 2281 

(relating to violence against maritime fixed 

platforms),’’; and 

(I) by striking ‘‘of this title’’ and inserting 

the following: ‘‘section 2332 (relating to terrorist acts abroad against United States nationals), section 2332a (relating to use of 

weapons of mass destruction), section 2332b 

(relating to international terrorist acts transcending national boundaries), 2339A (relating to providing material support to terrorists) of this title, section 46502 of title 49, 

United States Code,’’. 

SEC. 626. PROTECTION OF CURRENT OR FORMER 

OFFICIALS, OFFICERS, OR EMPLOYEES OF THE UNITED STATES. 

(a) AMENDMENT TO INCLUDE ASSAULTS, 

MURDERS, AND THREATS AGAINST FAMILIES OF

FEDERAL OFFICIALS.—Section 115(a)(2) of 

title 18, United States Code, is amended by 

inserting ‘‘, or threatens to assault, kidnap, 

or murder, any person who formerly served 

as a person designated in paragraph (1), or’’

after ‘‘assaults, kidnaps, or murders, or attempts to kidnap or murder’’. 

(b) MURDER OR ATTEMPTS TO MURDER CURRENT OR FORMER FEDERAL OFFICERS OR EMPLOYEES.—Section 1114 of title 18, United 

States Code, is amended to read as follows: 

‘‘§ 1114. Protection of officers and employees 

of the United States 

‘‘Whoever kills or attempts to kill a current or former officer or employee of the 

United States or its instrumentalities, or an 

immediate family member of such officer or 

employee, during or on account of the performance of their official duties, shall be 

punished—

‘‘(1) in the case of murder, as provided 

under section 1111; 

‘‘(2) in the case of manslaughter, as provided under section 1112; and 

‘‘(3) in the case of attempted murder not 

more than 20 years.’’. 

(c) AMENDMENT TO CLARIFY THE MEANING

OF THE TERM DEADLY OR DANGEROUS WEAPON

IN THE PROHIBITION ON ASSAULT ON FEDERAL

OFFICERS OR EMPLOYEES.—Section 111(b) of 

title 18, United States Code, is amended by 

inserting after ‘‘deadly or dangerous weapon’’ the following: ‘‘(including a weapon intended to cause death or danger but that 

fails to do so by reason of a defective or 

missing component)’’. 

SEC. 627. ADDITION OF CONSPIRACY TO TERRORISM OFFENSES. 

(a) DESTRUCTION OF AIRCRAFT OR AIRCRAFT

FACILITIES.—(1) Section 32(a)(7) of title 18, 

United States Code, is amended by inserting 

‘‘or conspires’’ after ‘‘attempts’’. 

(2) Section 32(b)(D) of title 18, United 

States Code, as redesignated by section 

721(b)(2), is amended by inserting ‘‘or conspires’’ after ‘‘attempts’’. 

(b) VIOLENCE AT INTERNATIONAL AIRPORTS.—Section 37(a) of title 18, United 

States Code, is amended by inserting ‘‘or 

conspires’’ after ‘‘attempts’’. 

(c) INFLUENCING, IMPEDING, OR RETALIATING

AGAINST A FEDERAL OFFICIAL BY THREATENING OR INJURING A FAMILY MEMBER.—(1) 

Section 115(a)(1)(A) of title 18, United States 

Code, is amended by inserting ‘‘or conspires’’

after ‘‘attempts’’. 

(2) Section 115(a)(2) of title 18, United 

States Code, as amended by section 729, is 

further amended by inserting ‘‘or conspires’’

after ‘‘attempts’’. 

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

States Code, is amended by striking both 

times it appears ‘‘or attempted kidnapping’’

and inserting both times ‘‘, attempted kidnapping or conspiracy to kidnap’’. 

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

States Code, is amended by striking ‘‘or attempted murder’’ and inserting ‘‘, attempted 

murder or conspiracy to murder’’. 

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

States Code, is further amended by striking 

‘‘and 1113’’ and inserting ‘‘, 1113, and 1117’’. 

(d) PROHIBITIONS WITH RESPECT TO BIOLOGICAL WEAPONS.—Section 175(a) of title 18, 

United States Code, is amended by inserting 

‘‘, or conspires to do so,’’ after ‘‘any organization to do so,’’. 

(e) HOSTAGE TAKING.—Section 1203(a) of 

title 18, United States Code, is amended by 

inserting ‘‘or conspires’’ after ‘‘attempts’’. 

(f) VIOLENCE AGAINST MARITIME NAVIGATION.—Section 2280(a)(1)(H) of title 18, United 

States Code, is amended by inserting ‘‘or 

conspires’’ after ‘‘attempts’’. 

(g) VIOLENCE AGAINST MARITIME FIXED

PLATFORMS.—Section 2281(a)(1)(F) of title 18, 

United States Code, is amended by inserting 

‘‘or conspires’’ after ‘‘attempts’’. 

(h) AIRCRAFT PIRACY.—Section 46502 of 

title 49, United States Code, is amended—

(1) in subsection (a)(2), by inserting ‘‘, conspiring,’’ after ‘‘committing’’ and 

(2) in subsection (b)—

(A) in paragraph (1), by inserting ‘‘or conspiring to commit’’ after ‘‘committing’’; 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS

May 25, 1995 CONGRESSIONAL RECORD— SENATE S7569 

(B) in paragraph (2), by inserting ‘‘conspired or’’ after ‘‘has placed,’’; and 

(C) in paragraph (3), by inserting ‘‘conspired or’’ after ‘‘has placed,’’. 

SEC. 628. CLARIFICATION OF FEDERAL JURISDICTION OVER BOMB THREATS. 

Section 844(e) of title 18, United States 

Code, is amended—

(1) by striking ‘‘(e) Whoever’’ and inserting 

‘‘(e)(1) Whoever’’; and 

(2) by adding at the end the following new 

paragraph: 

‘‘(2) Whoever willfully makes any threat, 

or maliciously conveys false information 

knowing the same to be false, concerning an 

attempt or alleged attempt being made, or to 

be made to violate subsection (f) or (i) of this 

section or section 81 of this title shall be 

fined under this title, imprisoned for not 

more than 5 years, or both.’’. 

TITLE VII—MARKING OF PLASTIC 

EXPLOSIVES 

SEC. 701. FINDINGS AND PURPOSES. 

(a) FINDINGS.—The Congress finds that—

(1) plastic explosives were used by terrorists in the bombings of Pan Am flight 103 in 

December 1988 and UTA flight 722 in September 1989; 

(2) plastic explosives can be used with little likelihood of detection for acts of unlawful interference with civil aviation, maritime navigation, and other modes of transportation; 

(3) the criminal use of plastic explosives 

places innocent lives in jeopardy, endangers 

national security, affects domestic tranquility, and gravely affects interstate and 

foreign commerce; 

(4) the marking of plastic explosives for 

the purpose of detection would contribute 

significantly to the prevention and punishment of such unlawful acts; and 

(5) for the purpose of deterring and detecting such unlawful acts, the Convention on 

the Marking of Plastic Explosives for the 

Purpose of Detection, Done at Montreal on 1 

March 1991, requires each contracting State 

to adopt appropriate measures to ensure that 

plastic explosives are duly marked and controlled. 

(b) PURPOSE.—The purpose of this title is 

to fully implement the Convention on the 

Marking of Plastic Explosives for the Purpose of Detection, Done at Montreal on 1 

March 1991. 

SEC. 702. DEFINITIONS. 

Section 841 of title 18, United States Code, 

is amended by adding at the end the following new subsections: 

‘‘(o) ‘Convention on the Marking of Plastic 

Explosives’ means the Convention on the 

Marking of Plastic Explosives for the Purpose of Detection, Done at Montreal on 1 

March 1991. 

‘‘(p) ‘Detection agent’ means any one of 

the substances specified in this subsection 

when introduced into a plastic explosive or 

formulated in such explosive as a part of the 

manufacturing process in such a manner as 

to achieve homogeneous distribution in the 

finished explosive, including—

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

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

minimum concentration in the finished explosive is 0.2 percent by mass; 

‘‘(2) 2,3-Dimethyl-2,3-dinitrobutane 

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

when the minimum concentration in the finished explosive is 0.1 percent by mass; 

‘‘(3) Para-Mononitrotoluene (p-MNT), 

C7H7NO2, molecular weight 137, when the 

minimum concentration in the finished explosive is 0.5 percent by mass; 

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

C7H7NO2, molecular weight 137, when the 

minimum concentration in the finished explosive is 0.5 percent by mass; and 

‘‘(5) any other substance in the concentration specified by the Secretary, after consultation with the Secretary of State and 

the Secretary of Defense, which has been 

added to the table in part 2 of the Technical 

Annex to the Convention on the Marking of 

Plastic Explosives. 

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

material in flexible or elastic sheet form formulated with one or more high explosives 

which in their pure form have a vapor pressure less than 10¥4 Pa at a temperature of 

25°C., is formulated with a binder material, 

and is as a mixture malleable or flexible at 

normal room temperature.’’. 

SEC. 703. REQUIREMENT OF DETECTION AGENTS 

FOR PLASTIC EXPLOSIVES. 

Section 842 of title 18, United States Code, 

is amended by adding after subsection (k) 

the following new subsections: 

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

manufacture any plastic explosive that does 

not contain a detection agent. 

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

to import or bring into the United States, or 

export from the United States, any plastic 

explosive that does not contain a detection 

agent. 

‘‘(2) This subsection does not apply to the 

importation or bringing into the United 

States, or the exportation from the United 

States, of any plastic explosive that was imported, brought into, or manufactured in the 

United States prior to the effective date of 

section 801 of the Comprehensive Terrorism 

Prevention Act of 1995 by or on behalf of any 

agency of the United States performing military or police functions (including any military reserve component) or by or on behalf of 

the National Guard of any State, not later 

than 15 years after the date of entry into 

force of the Convention on the Marking of 

Plastic Explosives, with respect to the 

United States. 

‘‘(n)(1) It shall be unlawful for any person 

to ship, transport, transfer, receive, or possess any plastic explosive that does not contain a detection agent. 

‘‘(2) This subsection does not apply to—

‘‘(A) the shipment, transportation, transfer, receipt, or possession of any plastic explosive that was imported, brought into, or 

manufactured in the United States prior to 

the date of enactment of the Comprehensive 

Terrorism Prevention Act of 1995 by any person during a period not exceeding 3 years 

after the date of enactment of the Comprehensive Terrorism Prevention Act of 1995; 

or 

‘‘(B) the shipment, transportation, transfer, receipt, or possession of any plastic explosive that was imported, brought into, or 

manufactured in the United States prior to 

the date of enactment of the Comprehensive 

Terrorism Prevention Act of 1995 by or on 

behalf of any agency of the United States 

performing a military or police function (including any military reserve component) or 

by or on behalf of the National Guard of any 

State, not later than 15 years after the date 

of entry into force of the Convention on the 

Marking of Plastic Explosives, with respect 

to the United States. 

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

other than an agency of the United States 

(including any military reserve component) 

or the National Guard of any State, possessing any plastic explosive on the effective 

date of section 801 of the Comprehensive Terrorism Prevention Act of 1995, to fail to report to the Secretary within 120 days after 

such effective date the quantity of such explosives possessed, the manufacturer or importer, any marks of identification on such 

explosives, and such other information as 

the Secretary may by regulations prescribe.’’. 

SEC. 704. CRIMINAL SANCTIONS. 

Section 844(a) of title 18, United States 

Code, is amended to read as follows: 

‘‘(a) Any person who violates any of subsections (a) through (i) or (l) through (o) of 

section 842 shall be fined under this title or 

imprisoned not more than 10 years, or 

both.’’. 

SEC. 705. EXCEPTIONS. 

Section 845 of title 18, United States Code, 

is amended—

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

(n), or (o) of section 842 and subsections’’

after ‘‘subsections’’; 

(2) in paragraph (1), by inserting before the 

semicolon ‘‘, and which pertain to safety’’; 

and 

(3) by adding at the end the following new 

subsection: 

‘‘(c) It is an affirmative defense against 

any proceeding involving subsections (l) 

through (o) of section 842 if the proponent 

proves by a preponderance of the evidence 

that the plastic explosive—

‘‘(1) consisted of a small amount of plastic 

explosive intended for and utilized solely in 

lawful—

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

new or modified explosive materials; 

‘‘(B) training in explosives detection or development or testing of explosives detection 

equipment; or 

‘‘(C) forensic science purposes; or 

‘‘(2) was plastic explosive that, within 3 

years after the date of enactment of the 

Comprehensive Terrorism Prevention Act of 

1995, will be or is incorporated in a military 

device within the territory of the United 

States and remains an integral part of such 

military device, or is intended to be, or is incorporated in, and remains an integral part 

of a military device that is intended to become, or has become, the property of any 

agency of the United States performing military or police functions (including any military reserve component) or the National 

Guard of any State, wherever such device is 

located. 

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

term ‘military device’ includes, but is not restricted to, shells, bombs, projectiles, mines, 

missiles, rockets, shaped charges, grenades, 

perforators, and similar devices lawfully 

manufactured exclusively for military or police purposes.’’. 

SEC. 706. INVESTIGATIVE AUTHORITY. 

Section 846 of title 18, United States Code, 

is amended—

(1) in the last sentence, by inserting in the 

last sentence before ‘‘subsection’’ the phrase 

‘‘subsection (m) or (n) of section 842 or;’’, and 

(2) by adding at the end the following: 

‘‘The Attorney General shall exercise authority over violations of subsection (m) or 

(n) of section 842 only when they are committed by a member of a terrorist or revolutionary group. In any matter involving a terrorist or revolutionary group or individual, 

as determined by the Attorney General, the 

Attorney General shall have primary investigative responsibility and the Secretary 

shall assist the Attorney General as requested.’’. 

SEC. 707. EFFECTIVE DATE. 

The amendments made by this section 

shall take effect 1 year after the date of the 

enactment of this Act. 

SEC. 708. STUDY ON TAGGING OF EXPLOSIVE MATERIALS. 

(a) STUDY.—The Attorney General in consultation with the Secretary of the Treasury 

shall conduct a study, as soon as is practicable after the date of enactment of this 

Act, and make recommendations concerning—

(1) tagging of explosive materials for purposes of identification and detection; 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS

S7570 CONGRESSIONAL RECORD— SENATE May 25, 1995 

(2) the possibility and practicality of rendering inert, common chemicals used in 

manufacturing explosives and the potential 

costs of implementing such controls; 

(3) the possibility and feasibility of imposing controls on certain precursor chemicals 

used to manufacture explosives; and 

(4) the potential cost of such control materials. 

(b) CONSULTATION.—In carrying out this 

section, the Attorney General shall consult 

with other Federal, State, and local officials 

and private industry sources with expertise 

in tagging of explosive materials, representatives from affected industries, and such 

other individuals as the Attorney General 

may require. 

(c) REPORT.—The Attorney General, or a 

designee of the Attorney General, shall prepare and submit to the President and the 

Congress a report containing—

(1) a detailed explanation of the findings 

and determinations made in the study conducted pursuant to subsection (a); 

(2) summaries of other studies pertaining 

to tagging explosives and the results of those 

studies; 

(3) the prospective costs and benefits of 

any recommendations made; 

(4) the impact on the safety, manufacturing, and distribution of affected products; 

and 

(5) the anticipated benefits for law enforcement. 

(d) AUTHORIZATION OF APPROPRIATIONS.—

There are authorized to be appropriated such 

sums as are necessary to carry out this section. 

TITLE VIII—NUCLEAR MATERIALS 

SEC. 801. FINDINGS AND PURPOSE. 

(a) FINDINGS.—The Congress finds that—

(1) nuclear materials, including byproduct 

materials, can be used to create radioactive 

dispersal devices that are capable of causing 

serious bodily injury as well as substantial 

damage to property and the environment; 

(2) the potential use of nuclear materials, 

including byproduct materials, enhances the 

threat posed by terrorist activities and 

thereby has a greater effect on the security 

interests of the United States; 

(3) due to the widespread hazards presented 

by the threat of nuclear contamination, as 

well as nuclear bombs, the United States has 

a strong interest in ensuring that persons 

who are engaged in the illegal acquisition 

and use of nuclear materials, including byproduct materials, are prosecuted for their 

offenses; 

(4) the threat that nuclear materials will 

be obtained and used by terrorist and other 

criminal organizations has increased substantially since the enactment in 1982 of the 

legislation that implemented the Convention 

on the Physical Protection of Nuclear Material, codified at section 831 of title 18, United 

States Code; 

(5) the successful efforts to obtain agreements from other countries to dismantle nuclear weapons have resulted in increased 

packaging and transportation of nuclear materials, thereby decreasing the security of 

such materials by increasing the opportunity 

for unlawful diversion and theft; 

(6) the illicit trafficking in the relatively 

more common, commercially available and 

usable nuclear and byproduct materials 

poses a potential to cause significant loss of 

life and environmental damage; 

(7) reported trafficking incidents in the 

early 1990’s suggest that the individuals involved in trafficking these materials from 

Eurasia and Eastern Europe frequently conducted their black market sales of these materials within the Federal Republic of Germany, the Baltic States, the former Soviet 

Union, Central Europe, and to a lesser extent 

in the Middle European countries; 

(8) the international community has become increasingly concerned over the illegal 

possession of nuclear and nuclear byproduct 

materials; 

(9) the potentially disastrous ramifications 

of increased access to nuclear and nuclear 

byproduct materials pose such a significant 

future threat that the United States must 

use all lawful methods available to combat 

the illegal use of such materials; 

(10) the United States has an interest in 

encouraging United States corporations to 

do business in the countries that comprised 

the former Soviet Union, and in other developing democracies; 

(11) protection of such United States corporations from threats created by the unlawful use of nuclear materials is important to 

the success of the effort to encourage such 

business ventures, and to further the foreign 

relations and commerce of the United 

States; 

(12) the nature of nuclear contamination is 

such that it may affect the health, environment, and property of United States nationals even if the acts that constitute the illegal activity occur outside the territory of 

the United States, and are primarily directed 

toward foreign nationals; and 

(13) there is presently no Federal criminal 

statute that provides adequate protection to 

United States interests from nonweapons 

grade, yet hazardous radioactive material, 

and from the illegal diversion of nuclear materials that are held for other than peaceful 

purposes. 

(b) PURPOSE.—The purpose of this title is 

to provide Federal law enforcement agencies 

the necessary tools and fullest possible basis 

allowed under the Constitution to combat 

the threat of nuclear contamination and proliferation that may result from illegal possession and use of radioactive materials. 

SEC. 802. EXPANSION OF SCOPE AND JURISDICTIONAL BASES OF NUCLEAR MATERIALS PROHIBITIONS. 

Section 831 of title 18, United States Code, 

is amended—

(1) in subsection (a)—

(A) by striking ‘‘nuclear material’’ each 

place it appears and inserting ‘‘nuclear material or nuclear byproduct material’’; 

(B) in paragraph (1)—

(i) in subparagraph (A), by inserting ‘‘or 

the environment’’ after ‘‘property’’; and 

(ii) by amending subparagraph (B) to read 

as follows: 

‘‘(B)(i) circumstances exist that are likely 

to cause the death or serious bodily injury to 

any person or substantial damage to property or the environment, or such circumstances have been represented to the defendant to exist;’’; and 

(C) in paragraph (6), by inserting ‘‘or the 

environment’’ after ‘‘property’’; 

(2) in subsection (c)—

(A) by amending paragraph (2) to read as 

follows: 

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

the United States or a United States corporation or other legal entity;’’; 

(B) in paragraph (3)—

(i) by striking ‘‘at the time of the offense 

the nuclear material is in use, storage, or 

transport, for peaceful purposes, and’’; and 

(ii) by striking ‘‘or’’ at the end of the paragraph; 

(C) in paragraph (4)—

(i) by striking ‘‘nuclear material for peaceful purposes’’ and inserting ‘‘nuclear material or nuclear byproduct material’’; and 

(ii) by striking the period at the end of the 

paragraph and inserting ‘‘; or’’; and 

(D) by adding at the end the following new 

paragraph: 

‘‘(5) the governmental entity under subsection (a)(5) is the United States or the 

threat under subsection (a)(6) is directed at 

the United States.’’; and 

(3) in subsection (f)—

(A) in paragraph (1)—

(i) in subparagraph (A), by striking ‘‘with 

an isotopic concentration not in excess of 80 

percent plutonium 238’’; and 

(ii) in subparagraph (C), by striking ‘‘(C) 

uranium’’ and inserting ‘‘(C) enriched uranium, defined as uranium’’; 

(B) by redesignating paragraphs (2), (3), 

and (4) as paragraphs (4), (5), and (6), respectively; 

(C) by inserting after paragraph (1) the following new paragraph: 

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

means any material containing any radioactive isotope created through an irradiation 

process in the operation of a nuclear reactor 

or accelerator;’’; 

(D) by striking ‘‘and’’ at the end of paragraph (4), as redesignated; 

(E) by striking the period at the end of 

subsection (f)(5), as redesignated, and inserting a semicolon; and 

(F) by adding at the end the following new 

paragraphs: 

‘‘(6) the term ‘national of the United 

States’ has the meaning given such term in 

section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and 

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

other legal entity’ means any corporation or 

other entity organized under the laws of the 

United States or any State, Commonwealth, 

territory, possession, or district of the 

United States.’’. 

TITLE IX—MISCELLANEOUS PROVISIONS 

SEC. 901. SEVERABILITY. 

If any provision of this Act, an amendment 

made by this Act, or the application of such 

provision or amendment to any person or 

circumstance is held to be unconstitutional, 

the remainder of this Act, the amendments 

made by this Act, and the application of the 

provisions of such to any person or circumstance shall not be affected thereby. 

f 

NOTICE OF HEARING 

COMMITTEE ON ENERGY AND NATURAL

RESOURCES

Mr. MURKOWSKI. Mr. President, I 

would like to announce for the public 

that a hearing has been scheduled before the full Committee on Energy and 

Natural Resources. 

The hearing will take place Tuesday, 

June 13, 1995 at 9:30 a.m. in room SD–

366 of the Dirksen Senate Office Building in Washington, D.C. 

The purpose of this hearing is to receive testimony on S. 755, a bill to 

amend the Atomic Energy Act of 1954 

to provide for the privatization of the 

United States Enrichment Corporation. 

Those wishing to testify or who wish 

to submit written statements should 

write to the Committee on Energy and 

Natural Resources, United States Senate, Washington, DC. 20510. For further 

information, please call David Garman 

of the Committee Staff at (202) 224–7933. 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS