whether the evidence is sufficient to justify the removal of
the alien. The attorney for the Department of Justice shall
open the argument. The attorney for the alien shall be per-
mitted to reply. The attorney for the Department of Justice
shall then be permitted to reply in rebuttal. The judge may
allow any part of the argument that refers to evidence re-
ceived in camera and ex parte to be heard in camera and
ex parte.
‘‘(h) BURDEN OF PROOF.—In the hearing the Depart-
ment of Justice has the burden of showing by clear and con-
vincing evidence that the alien is subject to removal because
the alien is an alien terrorist. If the judge finds that the
Department of Justice has met this burden, the judge shall
order the alien removed and detained pending removal from
the United States. If the alien was released pending the spe-
cial removal hearing, the judge shall order the Attorney
General to take the alien into custody.
‘‘(i) WRITTEN ORDER.—At the time of rendering a de-
cision as to whether the alien shall be removed, the judge
shall prepare a written order containing a statement of
facts found and conclusions of law. Any portion of the order
that would reveal the substance or source of information
received in camera and ex parte pursuant to subsection (e)
shall not be made available to the alien or the public.
‘‘CONSIDERATION OF CLASSIFIED INFORMATION
‘‘SEC. 506. (a) CONSIDERATION IN CAMERA AND EX
PARTE.—In any case in which the application for the order
authorizing the special procedures of this title is approved,
the judge who granted the order shall consider each item
of classified information the Department of Justice proposes
to introduce in camera and ex parte at the special removal
hearing and shall order the introduction of such informa-
tion pursuant to section 505(e) if the judge determines the
information to be relevant.
‘‘(b) PREPARATION AND PROVISION OF WRITTEN SUM-
MARY.—
‘‘(1) PREPARATION.—The Department of Justice
shall prepare a written summary of such classified
information which does not pose a risk to national se-
curity.
‘‘(2) CONDITIONS FOR APPROVAL BY JUDGE AND
PROVISION TO ALIEN.—The judge shall approve the
summary so long as the judge finds that the summary
is sufficient—
‘‘(A) to inform the alien of the general na-
ture of the evidence that the alien is an alien ter-
rorist, and
‘‘(B) to permit the alien to prepare a de-
fense against deportation.
The Department of Justice shall cause to be delivered
to the alien a copy of the summary.
‘‘(3) 
OPPORTUNITY
FOR
CORRECTION
AND
RESUBMITTAL.—If the judge does not approve the
summary, the judge shall provide the Department a
reasonable opportunity to correct the deficiencies
identified by the court and to submit a revised sum-
mary.
‘‘(4) CONDITIONS
FOR
TERMINATION
OF
PRO-
CEEDINGS IF SUMMARY NOT APPROVED.—
‘‘(A) IN GENERAL.—If, subsequent to the op-
portunity described in paragraph (3), the judge
does not approve the summary, the judge shall
terminate the special removal hearing unless the
judge makes the findings described in subpara-
graph (B).
‘‘(B) FINDINGS.—The findings described in
this subparagraph are, with respect to an alien,
that—
‘‘(i) the continued presence of the alien
in the United States, and
‘‘(ii) the provision of the required sum-
mary,
would likely cause serious and irreparable harm
to the national security or death or serious bod-
ily injury to any person.
‘‘(5) CONTINUATION OF HEARING WITHOUT SUM-
MARY.—If a judge makes the findings described in
paragraph (4)(B)—
‘‘(A) if the alien involved is an alien law-
fully admitted for permanent residence, the pro-
cedures described in subsection (c) shall apply;
and
‘‘(B) in all cases the special removal hear-
ing shall continue, the Department of Justice
shall cause to be delivered to the alien a state-
ment that no summary is possible, and the clas-
sified information submitted in camera and ex
parte may be used pursuant to section 505(e).
‘‘(c) SPECIAL PROCEDURES FOR ACCESS AND CHAL-
LENGES TO CLASSIFIED INFORMATION BY SPECIAL ATTOR-
NEYS IN CASE OF LAWFUL PERMANENT ALIENS.—
‘‘(1) IN GENERAL.—The procedures described in
this subsection are that the judge (under rules of the
special removal court) shall designate a special attor-
ney (as defined in section 501(4)) to assist the
alien—
‘‘(A) by reviewing in camera the classified
information on behalf of the alien, and
‘‘(B) by challenging through an in camera
proceeding the veracity of the evidence contained
in the classified information.
‘‘(2) RESTRICTIONS ON DISCLOSURE.—A special
attorney receiving classified information under para-
graph (1)—
‘‘(A) shall not disclosure the information to
the alien or to any other attorney representing
the alien, and
‘‘(B) who discloses such information in vio-
lation of subparagraph (A) shall be subject to a
fine under title 18, United States Code, impris-
oned for not less than 10 years nor more than
25 years, or both.
‘‘APPEALS
‘‘SEC. 507. (a) APPEALS OF DENIALS OF APPLICA-
TIONS FOR ORDERS.—The Department of Justice may seek
a review of the denial of an order sought in an application
by the United States Court of Appeals for the District of
Columbia Circuit by notice of appeal which must be filed
within 20 days after the date of such denial. In such a case
the entire record of the proceeding shall be transmitted to
the Court of Appeals under seal and the Court of Appeals
shall hear the matter ex parte. In such a case the Court
of Appeals shall review questions of law de novo, but a prior
finding on any question of fact shall not be set aside unless
such finding was clearly erroneous.
‘‘(b) APPEALS
OF DETERMINATIONS ABOUT SUM-
MARIES OF CLASSIFIED INFORMATION.—Either party may
take an interlocutory appeal to the United States Court of
Appeals for the District of Columbia Circuit of—
‘‘(1) any determination by the judge pursuant to
section 506(a)—
‘‘(A) concerning whether an item of evidence
may be introduced in camera and ex parte, or
‘‘(B) concerning the contents of any sum-
mary of evidence to be introduced in camera and
ex parte prepared pursuant to section 506(b); or
‘‘(2) the refusal of the court to make the findings
permitted by section 506(b)(4)(B).
In any interlocutory appeal taken pursuant to this sub-
section, 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.
‘‘(c) APPEALS OF DECISION IN HEARING.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the
decision of the judge after a special removal hearing
may be appealed by either the alien or the Depart-
ment of Justice to the United States Court of Appeals
for the District of Columbia Circuit by notice of ap-
peal.
‘‘(2) AUTOMATIC APPEALS IN CASES OF PERMA-
NENT RESIDENT ALIENS IN WHICH NO SUMMARY PRO-
VIDED.—
‘‘(A) IN GENERAL.—Unless the alien waives
the right to a review under this paragraph, in
any case involving an alien lawfully admitted
for permanent residence who is denied a written
summary of classified information under section
506(b)(4) and with respect to which the proce-
dures described in section 506(c) apply, any
order issued by the judge shall be reviewed by the
Court of Appeals for the District of Columbia
Circuit.
‘‘(B) USE OF SPECIAL ATTORNEY.—With re-
spect to any issue relating to classified informa-
tion that arises in such review, the alien shall be
represented only by the special attorney des-
ignated under section 506(c)(1) on behalf of the
alien.
‘‘(d) GENERAL PROVISIONS RELATING TO APPEALS.—
‘‘(1) NOTICE.—A notice of appeal pursuant to
subsection (b) or (c) (other than under subsection
(c)(2)) must be filed within 20 days after the date of
the order with respect to which the appeal is sought,
during which time the order shall not be executed.
‘‘(2) TRANSMITTAL OF RECORD.—In an appeal
or review to the Court of Appeals pursuant to sub-
section (b) or (c)—
‘‘(A) the entire record shall be transmitted
to the Court of Appeals, and
‘‘(B) information received pursuant to sec-
tion 505(e), and any portion of the judge’s order
that would reveal the substance or source of such
information, shall be transmitted under seal.
‘‘(3) EXPEDITED APPELLATE PROCEEDING.—In
an appeal or review to the Court of Appeals pursuant
to subsection (b) or (c):
‘‘(A) REVIEW.—The appeal or review shall
be heard as expeditiously as practicable and the
Court may dispense with full briefing and hear
the matter solely on the record of the judge of the
special removal court and on such briefs or mo-
tions as the Court may require to be filed by the
parties.
‘‘(B) DISPOSITION.—The Court shall uphold
or reverse the judge’s order within 60 days after
the date of the issuance of the judge’s final order.
‘‘(4) STANDARD FOR REVIEW.—In an appeal or
review to the Court of Appeals pursuant to subsection
(b) or (c):
‘‘(A) QUESTIONS
OF
LAW.—The Court of
Appeals shall review all questions of law de novo.
‘‘(B) QUESTIONS OF FACT.—(i) Subject to
clause (ii), a prior finding on any question of
fact shall not be set aside unless such finding
was clearly erroneous.
‘‘(ii) In the case of a review under sub-
section (c)(2) in which an alien lawfully admit-
ted for permanent residence was denied a writ-
ten summary of classified information under sec-
tion 506(b)(4), the Court of Appeals shall review
questions of fact de novo.
‘‘(e) CERTIORARI.—Following a decision by the Court
of Appeals pursuant to subsection (b) or (c), either the alien
or the Department of Justice may petition the Supreme
Court for a writ of certiorari. In any such case, any infor-
mation transmitted to the Court of Appeals under seal shall,
if such information is also submitted to the Supreme Court,
be transmitted under seal. Any order of removal shall not
be stayed pending disposition of a writ of certiorari except
as provided by the Court of Appeals or a Justice of the Su-
preme Court.
‘‘(f) APPEALS OF DETENTION ORDERS.—
‘‘(1) IN
GENERAL.—The provisions of sections
3145 through 3148 of title 18, United States Code,
pertaining to review and appeal of a release or deten-
tion order, penalties for failure to appear, penalties
for an offense committed while on release, and sanc-
tions for violation of a release condition shall apply
to an alien to whom section 508(b)(1) applies. In ap-
plying the previous sentence—
‘‘(A) for purposes of section 3145 of such
title an appeal shall be taken to the United
States Court of Appeals for the District of Co-
lumbia Circuit, and
‘‘(B) for purposes of section 3146 of such
title the alien shall be considered released in con-
nection with a charge of an offense punishable by
life imprisonment.
‘‘(2) NO REVIEW OF CONTINUED DETENTION.—
The determinations and actions of the Attorney Gen-
eral pursuant to section 508(c)(2)(C) shall not be sub-
ject to judicial review, including application for a
writ of habeas corpus, except for a claim by the alien
that continued detention violates the alien’s rights
under the Constitution. Jurisdiction over any such
challenge shall lie exclusively in the United States
Court of Appeals for the District of Columbia Circuit.
‘‘DETENTION AND CUSTODY
‘‘SEC. 508. (a) INITIAL CUSTODY.—
‘‘(1) UPON
FILING
APPLICATION.—Subject to
paragraphs (2) and (3), the Attorney General may
take into custody any alien with respect to whom an
application under section 503 has been filed and, not-
withstanding any other provision of law, may retain
such an alien in custody in accordance with the pro-
cedures authorized by this title.
‘‘(2) SPECIAL RULES FOR PERMANENT RESIDENT
ALIENS.—An alien lawfully admitted for permanent
residence shall be entitled to a release hearing before
the judge assigned to hear the special removal hear-
ing. Such an alien shall be detained pending the spe-
cial removal hearing, unless the alien demonstrates to
the court that—
‘‘(A) the alien, if released upon such terms
and conditions as the court may prescribe (in-
cluding the posting of any monetary amount), is
not likely to flee, and
‘‘(B) the alien’s release will not endanger
national security or the safety of any person or
the community.
The judge may consider classified information sub-
mitted in camera and ex parte in making a deter-
mination under this paragraph.
‘‘(3) RELEASE IF ORDER DENIED AND NO RE-
VIEW SOUGHT.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), if a judge of the special removal court
denies the order sought in an application with
respect to an alien and the Department of Jus-
tice does not seek review of such denial, the alien
shall be released from custody.
‘‘(B) APPLICATION
OF
REGULAR
PROCE-
DURES.—Subparagraph (A) shall not prevent the
arrest and detention of the alien pursuant to
title II.
‘‘(b) CONDITIONAL RELEASE IF ORDER DENIED AND
REVIEW SOUGHT.—
‘‘(1) IN GENERAL.—If a judge of the special re-
moval court denies the order sought in an application
with respect to an alien and the Department of Jus-
tice seeks review of such denial, the judge shall release
the alien from custody subject to the least restrictive
condition or combination of conditions of release de-
scribed in section 3142(b) and clauses (i) through
(xiv) of section 3142(c)(1)(B) of title 18, United
States Code, that will reasonably assure the appear-
ance of the alien at any future proceeding pursuant
to this title and will not endanger the safety of any
other person or the community.
‘‘(2) NO RELEASE FOR CERTAIN ALIENS.—If the
judge finds no such condition or combination of con-
ditions, the alien shall remain in custody until the
completion of any appeal authorized by this title.
‘‘(c) CUSTODY AND RELEASE AFTER HEARING.—
‘‘(1) RELEASE.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), if the judge decides pursuant to sec-
tion 505(i) that an alien should not be removed,
the alien shall be released from custody.
‘‘(B) CUSTODY
PENDING
APPEAL.—If the
Attorney General takes an appeal from such de-
cision, the alien shall remain in custody, subject
to the provisions of section 3142 of title 18,
United States Code.
‘‘(2) CUSTODY AND REMOVAL.—
‘‘(A) CUSTODY.—If the judge decides pursu-
ant to section 505(i) that an alien shall be re-
moved, the alien shall be detained pending the
outcome of any appeal. After the conclusion of
any judicial review thereof which affirms the re-
moval order, the Attorney General shall retain
the alien in custody and remove the alien to a
country specified under subparagraph (B).
‘‘(B) REMOVAL.—
‘‘(i) IN GENERAL.—The removal of an
alien shall be to any country which the
alien shall designate if such designation
does not, in the judgment of the Attorney
General, in consultation with the Secretary
of State, impair the obligation of the United
States under any treaty (including a treaty
pertaining to extradition) or otherwise ad-
versely affect the foreign policy of the
United States.
‘‘(ii) ALTERNATE COUNTRIES.—If the
alien refuses to designate a country to
which the alien wishes to be removed or if
the Attorney General, in consultation with
the Secretary of State, determines that re-
moval of the alien to the country so des-
ignated would impair a treaty obligation or
adversely affect United States foreign pol-
icy, the Attorney General shall cause the
alien to be removed to any country willing
to receive such alien.
‘‘(C) CONTINUED DETENTION.—If no coun-
try is willing to receive such an alien, the Attor-
ney General may, notwithstanding any other
provision of law, retain the alien in custody. The
Attorney General, in coordination with the Sec-
retary of State, shall make periodic efforts to
reach agreement with other countries to accept
such an alien and at least every 6 months shall
provide to the attorney representing the alien at
the special removal hearing a written report on
the Attorney General’s efforts. Any alien in cus-
tody pursuant to this subparagraph shall be re-
leased from custody solely at the discretion of the
Attorney General and subject to such conditions
as the Attorney General shall deem appropriate.
‘‘(D) FINGERPRINTING.—Before an alien is
transported out of the United States pursuant to
this subsection, or pursuant to an order of exclu-
sion because such alien is excludable under sec-
tion 212(a)(3)(B), the alien shall be photo-
graphed and fingerprinted, and shall be advised
of the provisions of section 276(b).
‘‘(d) CONTINUED DETENTION PENDING TRIAL.—
‘‘(1) DELAY IN REMOVAL.—Notwithstanding the
provisions of subsection (c)(2), the Attorney General
may hold in abeyance the removal of an alien who
has been ordered removed pursuant to this title to
allow the trial of such alien on any Federal or State
criminal charge and the service of any sentence of
confinement resulting from such a trial.
‘‘(2) MAINTENANCE OF CUSTODY.—Pending the
commencement of any service of a sentence of confine-
ment by an alien described in paragraph (1), such an
alien shall remain in the custody of the Attorney Gen-
eral, unless the Attorney General determines that tem-
porary release of the alien to the custody of State au-
thorities for confinement in a State facility is appro-
priate and would not endanger national security or
public safety.
‘‘(3) SUBSEQUENT
REMOVAL.—Following the
completion of a sentence of confinement by an alien
described in paragraph (1) or following the comple-
tion of State criminal proceedings which do not result
in a sentence of confinement of an alien released to
the custody of State authorities pursuant to para-
graph (2), such an alien shall be returned to the cus-
tody of the Attorney General who shall proceed to
carry out the provisions of subsection (c)(2) concern-
ing removal of the alien.
‘‘(e) APPLICATION OF CERTAIN PROVISIONS RELATING
TO ESCAPE OF PRISONERS.—For purposes of section 751
and 752 of title 18, United States Code, an alien in the
custody of the Attorney General pursuant to this title shall
be subject to the penalties provided by those sections in rela-
tion to a person committed to the custody of the Attorney
General by virtue of an arrest on a charge of a felony.
‘‘(f) RIGHTS OF ALIENS IN CUSTODY.—
‘‘(1) FAMILY AND ATTORNEY VISITS.—An alien
in the custody of the Attorney General pursuant to
this title shall be given reasonable opportunity to
communicate with and receive visits from members of
the alien’s family, and to contact, retain, and com-
municate with an attorney.
‘‘(2) DIPLOMATIC
CONTACT.—An alien in the
custody of the Attorney General pursuant to this title
shall have the right to contact an appropriate diplo-
matic or consular official of the alien’s country of
citizenship or nationality or of any country provid-
ing representation services therefore. The Attorney
General shall notify the appropriate embassy, mis-
sion, or consular office of the alien’s detention.’’.
(b) JURISDICTION OVER EXCLUSION ORDERS
FOR
ALIEN TERRORISTS.—Section 106(b) of the Immigration
and Nationality Act (8 U.S.C. 1105a(b)) is amended by
adding at the end the following sentence: ‘‘Jurisdiction to
review an order entered pursuant to the provisions of sec-
tion 235(c) concerning an alien excludable under section
212(a)(3)(B) shall rest exclusively in the United States
Court of Appeals for the District of Columbia Circuit.’’.
(c) CRIMINAL PENALTY FOR REENTRY OF ALIEN TER-
RORISTS.—Section 276(b) of such Act (8 U.S.C. 1326(b))
is amended—
(1) by striking ‘‘or’’ at the end of paragraph (1),
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; or’’, and
(3) by inserting after paragraph (2) the follow-
ing new paragraph:
‘‘(3) who has been excluded from the United
States pursuant to section 235(c) because the alien
was excludable under section 212(a)(3)(B) or who has
been removed from the United States pursuant to the
provisions of title V, and who thereafter, without the
permission of the Attorney General, enters the United
States or attempts to do so shall be fined under title
18, United States Code, and imprisoned for a period
of 10 years, which sentence shall not run concurrently
with any other sentence.’’.
(d) ELIMINATION OF CUSTODY REVIEW BY HABEAS
CORPUS.—Section 106(a) of such Act (8 U.S.C. 1105a(a))
is amended—
(1) by adding ‘‘and’’ at the end of paragraph
(8),
(2) by striking ‘‘; and’’ at the end of paragraph
(9) and inserting a period, and
(3) by striking paragraph (10).
(e) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the date of the enactment of this
Act and shall apply to all aliens without regard to the date
of entry or attempted entry into the United States.
SEC. 602. FUNDING FOR DETENTION AND REMOVAL OF
ALIEN TERRORISTS.
In addition to amounts otherwise appropriated, there
are authorized to be appropriated for each fiscal year (be-
ginning with fiscal year 1996) $5,000,000 to the Immigra-
tion and Naturalization Service for the purpose of detain-
ing and removing alien terrorists.
PART 2—EXCLUSION AND DENIAL OF ASYLUM
FOR ALIEN TERRORISTS
SEC. 611. MEMBERSHIP IN TERRORIST ORGANIZATION AS
GROUND FOR EXCLUSION.
(a) IN GENERAL.—Section 212(a)(3)(B) of the Immi-
gration 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) in subclause (II), by inserting ‘‘engaged
in or’’ after ‘‘believe,’’, and
(C) by inserting after subclause (II) the fol-
lowing:
‘‘(III) is a representative of a ter-
rorist organization, or
‘‘(IV) is a member of a terrorist
organization which the alien knows or
should have known is a terrorist orga-
nization,’’; and
(2) by adding at the end the following:
‘‘(iv) TERRORIST
ORGANIZATION
DE-
FINED.—
‘‘(I) DESIGNATION.—For purposes
of this Act, the term ‘terrorist organi-
zation’ means a foreign organization
designated in the Federal Register as a
terrorist organization by the Secretary
of State, in consultation with the At-
torney General, based upon a finding
that the organization engages in, or
has engaged in, terrorist activity that
threatens the national security of the
United States.
‘‘(II) PROCESS.—At least 3 days
before designating an organization as
a terrorist organization through publi-
cation in the Federal Register, the Sec-
retary of State, in consultation with
the Attorney General, shall notify the
Committees on the Judiciary of the
House of Representatives and the Sen-
ate of the intent to make such designa-
tion and the findings and basis for des-
ignation. The Secretary of State, in
consultation with the Attorney Gen-
eral, shall create an administrative
record and may use classified informa-
tion in making such a designation.
Such information is not subject to dis-
closure so long as it remains classified,
100
except that it may be disclosed to a
court ex parte and in camera under
subclause (III) for purposes of judicial
review of such a designation. The Sec-
retary of State, in consultation with
the Attorney General, shall provide no-
tice and an opportunity for public
comment prior to the creation of the
administrative 
record 
under 
this
subclause.
‘‘(III) JUDICIAL
REVIEW.—Any
organization designated as a terrorist
organization under the preceding pro-
visions of this clause may, not later
than 30 days after the date of the des-
ignation, seek judicial review thereof in
the United States Court of Appeals for
the District of Columbia Circuit. Such
review shall be based solely upon the
administrative record, except that the
Government may submit, for ex parte
and in camera review, classified infor-
mation considered in making the des-
ignation. The court shall hold unlawful
and set aside the designation if the
101
court finds the designation to be arbi-
trary, capricious, an abuse of discre-
tion, or otherwise not in accordance
with law, lacking substantial support
in the administrative record taken as
a whole or in classified information
submitted to the court under the pre-
vious sentence, contrary to constitu-
tional right, power, privilege, or im-
munity, or not in accord with the pro-
cedures required by law.
‘‘(IV) CONGRESSIONAL
AUTHOR-
ITY
TO
REMOVE
DESIGNATION.—The
Congress reserves the authority to re-
move, by law, the designation of an or-
ganization as a terrorist organization
for purposes of this Act.
‘‘(V) 
SUNSET.—Subject 
to
subclause (IV), the designation under
this clause of an organization as a ter-
rorist organization shall be effective for
a period of 2 years from the date of the
initial publication of the terrorist or-
ganization designation by the Sec-
retary of State. At the end of such pe-
102
riod (but no sooner than 60 days prior
to the termination of the 2-year-des-
ignation period), the Secretary of
State, in consultation with the Attor-
ney General, may redesignate the orga-
nization in conformity with the re-
quirements of this clause for designa-
tion of the organization.
‘‘(VI) OTHER AUTHORITY TO RE-
MOVE DESIGNATION.—The Secretary of
State, in consultation with the Attor-
ney General, may remove the terrorist
organization designation from any or-
ganization previously designated as
such an organization, at any time, so
long as the Secretary publishes notice
of the removal in the Federal Register.
The Secretary is not required to report
to Congress prior to so removing such
designation.
‘‘(v) REPRESENTATIVE
DEFINED.—In
this subparagraph, the term ‘representative’
includes an officer, official, or spokesman of
the organization and any person who di-
rects, counsels, commands or induces the or-
103
ganization or its members to engage in ter-
rorist activity. The determination by the
Secretary of State or the Attorney General
that an alien is a representative of a terror-
ist organization shall be subject to judicial
review.’’.
(b) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the date of the enactment of this
Act.
SEC. 612. DENIAL OF ASYLUM TO ALIEN TERRORISTS.
(a) IN GENERAL.—Section 208(a) of the Immigration
and Nationality Act (8 U.S.C. 1158(a)) is amended by add-
ing at the end the following: ‘‘The Attorney General may
not grant an alien asylum if the Attorney General deter-
mines that the alien is excludable under subclause (I), (II),
or (III) of section 212(a)(3)(B)(i) or deportable under sec-
tion 241(a)(4)(B).’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment
of this Act and apply to asylum determinations made on
or after such date.
SEC. 613. DENIAL OF OTHER RELIEF FOR ALIEN TERROR-
ISTS.
(a) 
WITHHOLDING
OF
DEPORTATION.—Section
243(h)(2) of the Immigration and Nationality Act (8
104
U.S.C. 1253(h)(2)) is amended by adding at the end the
following new sentence: ‘‘For purposes of subparagraph (D),
an alien who is described in section 241(a)(4)(B) shall be
considered to be an alien for whom there are reasonable
grounds for regarding as a danger to the security of the
United States.’’.
(b) SUSPENSION OF DEPORTATION.—Section 244(a) of
such Act (8 U.S.C. 1254(a)) is amended by striking ‘‘section
241(a)(4)(D)’’ and inserting ‘‘subparagraph (B) or (D) of
section 241(a)(4)’’.
(c) VOLUNTARY DEPARTURE.—Section 244(e)(2) of
such Act (8 U.S.C. 1254(e)(2)) is amended by inserting
‘‘under section 241(a)(4)(B) or’’ after ‘‘who is deportable’’.
(d) ADJUSTMENT OF STATUS.—Section 245(c) of such
Act (8 U.S.C. 1255(c)) is amended—
(1) by striking ‘‘or’’ before ‘‘(5)’’, and
(2) by inserting before the period at the end the
following: ‘‘, or (6) an alien who is deportable under
section 241(a)(4)(B)’’.
(e) REGISTRY.—Section 249(d) of such Act (8 U.S.C.
1259(d)) is amended by inserting ‘‘and is not deportable
under section 241(a)(4)(B)’’ after ‘‘ineligible to citizen-
ship’’.
(f) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the date of the enactment of this
105
Act and shall apply to applications filed before, on, or after
such date if final action has not been taken on them before
such date.
Subtitle B—Expedited Exclusion
SEC. 621. INSPECTION AND EXCLUSION BY IMMIGRATION
OFFICERS.
(a) IN GENERAL.—Subsection (b) of section 235 of the
Immigration and Nationality Act (8 U.S.C. 1225) is
amended to read as follows:
‘‘(b)(1)(A) If the examining immigration officer deter-
mines that an alien seeking entry—
‘‘(i) is excludable under section 212(a)(6)(C) or
212(a)(7), and
‘‘(ii) does not indicate either an intention to
apply for asylum under section 208 or a fear of perse-
cution,
the officer shall order the alien excluded from the United
States without further hearing or review.
‘‘(B) The examining immigration officer shall refer for
an interview by an asylum officer under subparagraph (C)
any alien who is excludable under section 212(a)(6)(C) or
212(a)(7) and has indicated an intention to apply for asy-
lum under section 208 or a fear of persecution.
‘‘(C)(i) An asylum officer shall promptly conduct
interviews of aliens referred under subparagraph (B).
106
‘‘(ii) If the officer determines at the time of the inter-
view that an alien has a credible fear of persecution (as
defined in clause (v)), the alien shall be detained for an
asylum hearing before an asylum officer under section 208.
‘‘(iii)(I) Subject to subclause (II), if the officer deter-
mines that the alien does not have a credible fear of persecu-
tion, the officer shall order the alien excluded from the
United States without further hearing or review.
‘‘(II) The Attorney General shall promulgate regula-
tions to provide for the immediate review by a supervisory
asylum office at the port of entry of a determination under
subclause (I).
‘‘(iv) The Attorney General shall provide information
concerning the asylum interview described in this subpara-
graph to aliens who may be eligible. An alien who is eligible
for such interview may consult with a person or persons
of the alien’s choosing prior to the interview or any review
thereof, according to regulations prescribed by the Attorney
General. Such consultation shall be at no expense to the
Government and shall not delay the process.
‘‘(v) For purposes of this subparagraph, the term ‘cred-
ible fear of persecution’ means (I) that it is more probable
than not that the statements made by the alien in support
of the alien’s claim are true, and (II) that there is a signifi-
cant possibility, in light of such statements and of such
107
other facts as are known to the officer, that the alien could
establish eligibility for asylum under section 208.
‘‘(D) As used in this paragraph, the term ‘asylum offi-
cer’ means an immigration officer who—
‘‘(i) has had professional training in country
conditions, asylum law, and interview techniques;
and
‘‘(ii) is supervised by an officer who meets the
condition in clause (i).
‘‘(E)(i) An exclusion order entered in accordance with
subparagraph (A) is not subject to administrative appeal,
except that the Attorney General shall provide by regulation
for prompt review of such an order against an alien who
claims under oath, or as permitted under penalty of perjury
under section 1746 of title 28, United States Code, after
having been warned of the penalties for falsely making such
claim under such conditions, to have been lawfully admitted
for permanent residence.
‘‘(ii) In any action brought against an alien under
section 275(a) or section 276, the court shall not have juris-
diction to hear any claim attacking the validity of an order
of exclusion entered under subparagraph (A).
‘‘(2)(A) Except as provided in subparagraph (B), if
the examining immigration officer determines that an alien
seeking entry is not clearly and beyond a doubt entitled
108
to enter, the alien shall be detained for a hearing before
a special inquiry officer.
‘‘(B) The provisions of subparagraph (A) shall not
apply—
‘‘(i) to an alien crewman,
‘‘(ii) to an alien described in paragraph (1)(A)
or (1)(C)(iii)(I), or
‘‘(iii) if the conditions described in section
273(d) exist.
‘‘(3) The decision of the examining immigration offi-
cer, if favorable to the admission of any alien, shall be sub-
ject to challenge by any other immigration officer and such
challenge shall operate to take the alien whose privilege to
enter is so challenged, before a special inquiry officer for
a hearing on exclusion of the alien.’’.
(b) CONFORMING AMENDMENT.—Section 237(a) of
such Act (8 U.S.C. 1227(a)) is amended—
(1) in the second sentence of paragraph (1), by
striking ‘‘Deportation’’ and inserting ‘‘Subject to sec-
tion 235(b)(1), deportation’’, and
(2) in the first sentence of paragraph (2), by
striking ‘‘If’’ and inserting ‘‘Subject to section
235(b)(1), if’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the first day of the first month
109
that begins more than 90 days after the date of the enact-
ment of this Act.
SEC. 622. JUDICIAL REVIEW.
(a) PRECLUSION OF JUDICIAL REVIEW.—Section 106
of the Immigration and Nationality Act (8 U.S.C. 1105a)
is amended—
(1) by amending the section heading to read as
follows:
‘‘JUDICIAL REVIEW OF ORDERS OF DEPORTATION AND
EXCLUSION, AND SPECIAL EXCLUSION’’; and
(2) by adding at the end the following new sub-
section:
‘‘(e)(1) Notwithstanding any other provision of law,
and except as provided in this subsection, no court shall
have jurisdiction to review any individual determination,
or to entertain any other cause or claim, arising from or
relating to the implementation or operation of section
235(b)(1). Regardless of the nature of the action or claim,
or the party or parties bringing the action, no court shall
have jurisdiction or authority to enter declaratory, injunc-
tive, or other equitable relief not specifically authorized in
this subsection nor to certify a class under Rule 23 of the
Federal Rules of Civil Procedure.
‘‘(2) Judicial review of any cause, claim, or individual
determination covered under paragraph (1) shall only be
110
available in habeas corpus proceedings, and shall be limited
to determinations of—
‘‘(A) whether the petitioner is an alien, if the pe-
titioner makes a showing that the petitioner’s claim
of United States nationality is not frivolous;
‘‘(B) whether the petitioner was ordered specially
excluded under section 235(b)(1)(A); and
‘‘(C) whether the petitioner can prove by a pre-
ponderance of the evidence that the petitioner is an
alien lawfully admitted for permanent residence and
is entitled to such review as is provided by the Attor-
ney General pursuant to section 235(b)(1)(E)(i).
‘‘(3) In any case where the court determines that an
alien was not ordered specially excluded, or was not prop-
erly subject to special exclusion under the regulations adopt-
ed by the Attorney General, the court may order no relief
beyond requiring that the alien receive a hearing in accord-
ance with section 236, or a determination in accordance
with section 235(c) or 273(d).
‘‘(4) In determining whether an alien has been ordered
specially excluded, the court’s inquiry shall be limited to
whether such an order was in fact issued and whether it
relates to the petitioner.’’.
111
(b) PRECLUSION OF COLLATERAL ATTACKS.—Section
235 of such Act (8 U.S.C. 1225) is amended by adding at
the end the following new subsection:
‘‘(d) In any action brought for the assessment of pen-
alties for improper entry or re-entry of an alien under sec-
tion 275 or section 276, no court shall have jurisdiction
to hear claims collaterally attacking the validity of orders
of exclusion, special exclusion, or deportation entered under
this section or sections 236 and 242.’’.
(c) CLERICAL AMENDMENT.—The item relating to sec-
tion 106 in the table of contents of such Act is amended
to read as follows:
‘‘Sec. 106. Judicial review of orders of deportation and exclusion, and special ex-
clusion.’’.
SEC. 623. EXCLUSION OF ALIENS WHO HAVE NOT BEEN IN-
SPECTED AND ADMITTED.
(a) IN GENERAL.—Section 241 of the Immigration
and Nationality Act (8 U.S.C. 1251) is amended by adding
at the end the following new subsection:
‘‘(d) Notwithstanding any other provision of this title,
an alien found in the United States who has not been ad-
mitted to the United States after inspection in accordance
with section 235 is deemed for purposes of this Act to be
seeking entry and admission to the United States and shall
be subject to examination and exclusion by the Attorney
General under chapter 4. In the case of such an alien the
112
Attorney General shall provide by regulation an oppor-
tunity for the alien to establish that the alien was so admit-
ted.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the first day of the first
month beginning more than 90 days after the date of the
enactment of this Act.
Subtitle C—Improved Information
and Processing
PART 1—IMMIGRATION PROCEDURES
SEC. 631. ACCESS TO CERTAIN CONFIDENTIAL INS FILES
THROUGH COURT ORDER.
(a) LEGALIZATION PROGRAM.—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 that the At-
torney General’’, and
(2) by inserting after ‘‘title 13, United States
Code’’ the following: ‘‘and (ii) may authorize an ap-
plication 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—
113
‘‘(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 dis-
closed if the alleged criminal activity occurred
after the legalization application was filed and
such activity involves terrorist activity or poses
either an immediate risk to life or to national se-
curity, or would be prosecutable as an aggra-
vated felony, but without regard to the length of
sentence that could be imposed on the appli-
cant’’.
(b) SPECIAL AGRICULTURAL WORKER PROGRAM.—
Section 210(b) of such 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 para-
graph (6)’’ after ‘‘consent of the alien’’, and
(2) in paragraph (6), by inserting after subpara-
graph (C) the following:
‘‘Notwithstanding the previous 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
114
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 ap-
plication is to be disclosed if the alleged criminal ac-
tivity occurred after the special agricultural worker
application was filed and such activity involves ter-
rorist activity or poses either an immediate risk to
life or to national security, or would be prosecutable
as an aggravated felony, but without regard to the
length of sentence that could be imposed on the appli-
cant.’’.
SEC. 632. WAIVER AUTHORITY CONCERNING NOTICE OF DE-
NIAL 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);
(2) by striking ‘‘If’’ and inserting ‘‘(1) Subject
to paragraph (2), if’’; and
(3) by adding at the end the following new para-
graph:
‘‘(2) With respect to applications for visas, the Sec-
retary of State may waive the application of paragraph
115
(1) in the case of a particular alien or any class or classes
of aliens excludable under subsection (a)(2) or (a)(3).’’.
PART 2—ASSET FORFEITURE FOR PASSPORT AND
VISA OFFENSES
SEC. 641. CRIMINAL FORFEITURE FOR PASSPORT AND VISA
RELATED OFFENSES.
Section 982 of title 18, United States Code, is amend-
ed—
(1) in subsection (a), by inserting after para-
graph (5) the following new paragraph:
‘‘(6) The court, in imposing sentence on a person con-
victed of a violation of, or conspiracy to violate, section
1541, 1542, 1543, 1544, or 1546 of this title, or a violation
of, or conspiracy to violate, section 1028 of this title if com-
mitted in connection with passport or visa issuance or use,
shall order that the person forfeit to the United States any
property, real or personal, which the person used, or in-
tended to be used, in committing, or facilitating the com-
mission of, the violation, and any property constituting, or
derived from, or traceable to, any proceeds the person ob-
tained, directly or indirectly, as a result of such violation.’’;
and
(2) in subsection (b)(1)(B), by inserting ‘‘or
(a)(6)’’ after ‘‘(a)(2)’’.
116
SEC. 642. SUBPOENAS FOR BANK RECORDS.
Section 986(a) of title 18, United States Code, is
amended by inserting ‘‘1028, 1541, 1542, 1543, 1544,
1546,’’ before ‘‘1956’’.
SEC. 643. EFFECTIVE DATE.
The amendments made by this subtitle shall take effect
on the first day of the first month that begins more than
90 days after the date of the enactment of this Act.
Subtitle D—Employee Verification
by Security Services Companies
SEC. 651. PERMITTING SECURITY SERVICES COMPANIES TO
REQUEST ADDITIONAL DOCUMENTATION.
(a) IN GENERAL.—Section 274B(a)(6) of the Immi-
gration and Nationality Act (8 U.S.C. 1324b(a)(6)) is
amended—
(1) by striking ‘‘For purposes’’ and inserting
‘‘(A) Except as provided in subparagraph (B), for
purposes’’, and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) Subparagraph (A) shall not apply to a re-
quest made in connection with an individual seeking
employment in a company (or division of a com-
pany) engaged in the business of providing security
services to protect persons, institutions, buildings, or
117
other possible targets of terrorism (as defined in sec-
tion 2331(1) of title 18, United States Code).’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply to requests for documents made on
or after the date of the enactment of this Act with respect
to individuals who are or were hired before, on, or after
the date of the enactment of this Act.
TITLE VII—AUTHORIZATION AND
FUNDING
SEC. 701. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for each of fis-
cal years 1996 through 2000 to the Federal Bureau of Inves-
tigation such sums as are necessary—
(1) to hire additional personnel, and to procure
equipment, to support expanded investigations of do-
mestic and international terrorism activities;
(2) to establish a Domestic Counterterrorism
Center to coordinate and centralize Federal, State,
and local law enforcement efforts in response to major
terrorist incidents, and as a clearinghouse for all do-
mestic and international terrorism information and
intelligence; and
(3) to cover costs associated with providing law
enforcement coverage of public events offering the po-
118
tential of being targeted by domestic or international
terrorists.
SEC. 702. CIVIL MONETARY PENALTY SURCHARGE AND
TELECOMMUNICATIONS 
CARRIER 
COMPLI-
ANCE PAYMENTS.
Public Law 103–414 is amended by adding at the end
the following:
‘‘TITLE 
IV—CIVIL 
MONETARY
PENALTY 
SURCHARGE 
AND
TELECOMMUNICATIONS CAR-
RIER COMPLIANCE PAYMENTS
‘‘SEC. 401. CIVIL MONETARY PENALTY SURCHARGE.
‘‘(a) IMPOSITION.—Notwithstanding any other provi-
sion of law, and subject to section 402(c) of this title, a
surcharge of 40 percent of the principal amount of a civil
monetary penalty shall be added to each civil monetary
penalty at the time it is assessed by the United States or
an agency thereof.
‘‘(b) APPLICATION OF PAYMENTS.—Payments relating
to a civil monetary penalty shall be applied in the following
order: (1) to costs; (2) to principal; (3) to surcharges re-
quired by subsection (a) of this section; and (4) to interest.
‘‘(c) EFFECTIVE DATES.—(1) A surcharge under sub-
section (a) of this section shall be added to all civil mone-
119
tary penalties assessed on or after October 1, 1995, or the
date of enactment of this title, whichever is later.
‘‘(2) The authority to add a surcharge under this sec-
tion shall terminate on October 1, 1998.
‘‘(d) LIMITATION.—The provisions of this section shall
not apply to any civil monetary penalty assessed under title
26, United States Code.
‘‘SEC. 
402. 
DEPARTMENT 
OF 
JUSTICE 
TELECOMMUNI-
CATIONS CARRIER COMPLIANCE FUND.
‘‘(a) ESTABLISHMENT OF FUND.—There is hereby es-
tablished in the United States Treasury a fund to be known
as the Department of Justice Telecommunications Carrier
Compliance Fund (hereinafter referred to as ‘the Fund’),
which shall be available to the Attorney General to the ex-
tent and in the amounts authorized by subsection (c) of this
section to make payments to telecommunications carriers,
as authorized by section 109.
‘‘(b) OFFSETTING
COLLECTIONS.—Notwithstanding
section 3302 of title 31, United States Code, the Attorney
General may credit surcharges added pursuant to section
401 of this title to the Fund as offsetting collections.
‘‘(c) REQUIREMENTS FOR APPROPRIATIONS OFFSET.—
(1) Surcharges added pursuant to section 401 of this title
are authorized only to the extent and in the amounts pro-
vided for in advance in appropriations acts.
120
‘‘(2)(A) Collections credited to the Fund are authorized
to be appropriated in such amounts as may be necessary,
but not to exceed $100,000,000 in fiscal year 1996,
$305,000,000 in fiscal year 1997, and $80,000,000 in fiscal
year 1998.
‘‘(B) Amounts described in subparagraph (A) of this
paragraph are authorized to be appropriated without fiscal
year limitation.
‘‘(d) TERMINATION.—(1) The Attorney General may
terminate the Fund at such time as the Attorney General
determines that the Fund is no longer necessary.
‘‘(2) Any balance in the Fund at the time of its termi-
nation shall be deposited in the general fund of the Treas-
ury.
‘‘(3) A decision of the Attorney General to terminate
the Fund shall not be subject to judicial review.
‘‘SEC. 403. DEFINITIONS.
‘‘For purposes of this title, the terms ‘agency’ and ‘civil
monetary penalty’ have the meanings given to them by sec-
tion 3 of the Federal Civil Penalties Inflation Adjustment
Act of 1990, Public Law 101–410, Oct. 5, 1990, 104 Stat.
890 (28 U.S.C. 2461 note).’’.
121
SEC. 703. FIREFIGHTER AND EMERGENCY SERVICES TRAIN-
ING
The Attorney General may award grants in consulta-
tion with the Federal Emergency Management Agency for
the purposes of providing specialized training or equipment
to enhance the capability of metropolitan fire and emer-
gency service departments to respond to terrorist attacks.
To carry out the purposes of this section, there is authorized
to be appropriated $5,000,000 for fiscal year 1996.
SEC. 704. ASSISTANCE TO FOREIGN COUNTRIES TO PRO-
CURE EXPLOSIVE DETECTION DEVICES AND
OTHER COUNTER-TERRORISM TECHNOLOGY.
There is authorized to be appropriated not to exceed
$10,000,000 for each fiscal year to the Attorney General to
provide assistance to foreign countries facing an imminent
danger of terrorist attack that threatens the national inter-
est of the United States or puts United States nationals
at risk—
(1) in obtaining explosive detection devices and
other counter-terrorism technology; and
(2) in conducting research and development
projects on such technology.
122
SEC. 705. RESEARCH AND DEVELOPMENT TO SUPPORT
COUNTERTERRORISM TECHNOLOGIES.
There are authorized to be appropriated not to exceed
$10,000,000 to the National Institute of Justice Science and
Technology Office—
(1) to develop technologies that can be used to
combat terrorism, including technologies in the areas
of—
(A) detection of weapons, explosives, chemi-
cals, and persons;
(B) tracking;
(C) surveillance;
(D) vulnerability assessment; and
(E) information technologies;
(2) to develop standards to ensure the adequacy
of products produced and compatibility with relevant
national systems; and
(3) to identify and assess requirements for tech-
nologies to assist State and local law enforcement in
the national program to combat terrorism.
TITLE VIII—MISCELLANEOUS
SEC. 801. MACHINE READABLE VISAS AND PASSPORTS.
Section 140(a) of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103–236) is
amended—
123
(1) by striking paragraphs (2) and (3) and in-
serting the following:
‘‘(2) For fiscal years 1996 and 1997, not more
than $250,000,000 in fees collected under the author-
ity of paragraph (1) shall be deposited as an offset-
ting collection to any Department of State appropria-
tion to recover the costs of the Department of State’s
border security program, including the costs of—
‘‘(A) installation and operation of the ma-
chine readable visa and automated name-check
process;
‘‘(B) improving the quality and security of
the United States passport;
‘‘(C) passport and visa fraud investigations;
and
‘‘(D) the technological infrastructure to sup-
port and operate the programs referred to in sub-
paragraphs (A) through (C).
Such fees shall remain available for obligation until
expended.
‘‘(3) For any fiscal year, fees collected under the
authority of paragraph (1) in excess of the amount
specified for such fiscal year under paragraph (2)
shall be deposited in the general fund of the Treasury
as miscellaneous receipts.’’; and
124
(2) by striking paragraph (5).
SEC. 802. STUDY OF STATE LICENSING REQUIREMENTS FOR
THE PURCHASE AND USE OF HIGH EXPLO-
SIVES.
The Secretary of the Treasury, in consultation with
the Federal Bureau of Investigation, shall conduct a study
of State licensing requirements for the purchase and use of
commercial high explosives, including detonators, detonat-
ing cords, dynamite, water gel, emulsion, blasting agents,
and boosters. Not later than 180 days after the date of the
enactment of this Act, the Secretary shall report to Congress
the results of this study, together with any recommendations
the Secretary determines are appropriate.
SEC. 803. COMPENSATION OF VICTIMS OF TERRORISM.
(a) REQUIRING
COMPENSATION
FOR
TERRORIST
CRIMES.—Section 1403(d)(3) of the Victims of Crime Act
of 1984 (42 U.S.C. 10603(d)(3)) is amended—
(1) by inserting ‘‘crimes involving terrorism,’’
before ‘‘driving while intoxicated’’; and
(2) by inserting a comma after ‘‘driving while
intoxicated’’.
(b) FOREIGN TERRORISM.—Section 1403(b)(6)(B) of
the 
Victims 
of 
Crime 
Act 
of 
1984 
(42 
U.S.C.
10603(b)(6)(B)) is amended by inserting ‘‘are outside the
United States (if the compensable crime is terrorism, as de-
125
fined in section 2331 of title 18, United States Code), or’’
before ‘‘are States not having’’.
SEC. 804. JURISDICTION FOR LAWSUITS AGAINST TERROR-
IST 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 ‘‘or’’ at the end of para-
graph (5);
(B) by striking the period at the end of
paragraph (6) and inserting ‘‘; or’’; and
(C) 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
state for personal injury or death that was caused by
an act of torture, extrajudicial killing, aircraft sabo-
tage, hostage taking, or the provision of material sup-
port or resources (as defined in section 2339A of title
18) for such an act if such act or provision of mate-
rial support is engaged in by an official, employee, or
agent of such foreign state while acting within the
scope of his or her office, employment, or agency, ex-
cept that—
126
‘‘(A) an action under this paragraph shall
not be instituted unless the claimant first affords
the foreign state a reasonable opportunity to ar-
bitrate the claim in accordance with accepted
international rules of arbitration;
‘‘(B) an action under this paragraph shall
not be maintained unless the act upon which the
claim is based occurred while the individual
bringing the claim was a national of the United
States (as that term is defined in section
101(a)(22) of the Immigration and Nationality
Act); and
‘‘(C) the court shall decline to hear a claim
under this paragraph if the foreign state against
whom the claim has been brought establishes that
procedures and remedies are available in such
state which comport with fundamental fairness
and due process.’’; and
(2) by adding at the end the following new sub-
section:
‘‘(e) For purposes of paragraph (7) of subsection (a)—
‘‘(1) the terms ‘torture’ and ‘extrajudicial killing’
have the meaning given those terms in section 3 of the
Torture Victim Protection Act of 1991;
127
‘‘(2) the term ‘hostage taking’ has the meaning
given that term in Article 1 of the International Con-
vention Against the Taking of Hostages; and
‘‘(3) the term ‘aircraft sabotage’ has the meaning
given that 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’’.
128
(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. 805. STUDY OF PUBLICLY AVAILABLE INSTRUCTIONAL
MATERIAL ON THE MAKING OF BOMBS, DE-
STRUCTIVE DEVICES, AND WEAPONS OF MASS
DESTRUCTION.
(a) STUDY.—The Attorney General, in consultation
with such other officials and individuals as the Attorney
General deems appropriate, shall conduct a study concern-
ing—
(1) the extent to which there are available to the
public material in any medium (including print,
electronic, or film) that instructs how to make bombs,
other destructive devices, and weapons of mass de-
struction;
(2) the extent to which information gained from
such material has been used in incidents of domestic
and international terrorism;
(3) the likelihood that such information may be
used in future incidents of terrorism; and
(4) the application of existing Federal laws to
such material, the need and utility, if any, for addi-
tional laws, and an assessment of the extent to which
129
the First Amendment protects such material and its
private and commercial distribution.
(b) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Attorney General shall sub-
mit to the Congress a report that contains the results of
the study required by this section. The Attorney General
shall make the report available to the public.
SEC. 806. COMPILATION OF STATISTICS RELATING TO IN-
TIMIDATION OF GOVERNMENT EMPLOYEES.
(a) FINDINGS.—Congress finds that—
(1) threats of violence and acts of violence are
mounting against Federal, State, and local govern-
ment employees and their families in attempts to stop
public servants from performing their lawful duties;
(2) these acts are a danger to our constitutional
form of government; and
(3) more information is needed as to the extent
of the danger and its nature so that steps can be
taken to protect public servants at all levels of govern-
ment in the performance of their duties.
(b) STATISTICS.—The Attorney General shall acquire
data, for the calendar year 1990 and each succeeding cal-
endar year about crimes and incidents of threats of violence
and acts of violence against Federal, State, and local gov-
130
ernment employees in performance of their lawful duties.
Such data shall include—
(1) in the case of crimes against such employees,
the nature of the crime; and
(2) in the case of incidents of threats of violence
and acts of violence, including verbal and implicit
threats against such employees, whether or not crimi-
nally punishable, which deter the employees from the
performance of their jobs.
(c) GUIDELINES.—The Attorney General shall estab-
lish guidelines for the collection of such data, including
what constitutes sufficient evidence of noncriminal inci-
dents required to be reported.
(d) ANNUAL PUBLISHING.—The Attorney General
shall publish an annual summary of the data acquired
under this section. Otherwise such data shall be used only
for research and statistical purposes.
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