(b) CLERICAL AMENDMENT.—The item relating to
section 956 in the table of sections at the beginning of
chapter 45 of title 18, United States Code, is amended
to read as follows:
‘‘956. Conspiracy to kill, kidnap, maim, or injure persons or damage property
in a foreign country.’’.
SEC. 106. 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) so that paragraph (2) reads as follows:
‘‘(2) There is 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 inserting after paragraph (2) the follow-
ing:
‘‘(3) For purposes of this subsection, the term
‘national of the United States’ has the meaning pre-
scribed in section 101(a)(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(22)).’’.
(b) DESTRUCTION OF AIRCRAFT OR AIRCRAFT FA-
CILITIES.— Section 32(b) of title 18, United States Code,
is amended—
(1) by striking ‘‘, if the offender is later found
in the United States,’’; and
(2) by inserting at the end the following the fol-
lowing: ‘‘There is jurisdiction over an offense under
this subsection if a national of the United States
was on board, or would have been on board, the air-
craft; an offender is a national of the United States;
or an offender is afterwards found in the United
States. For purposes of this subsection, the term
‘national of the United States’ has the meaning pre-
scribed in section 101(a)(22) of the Immigration
and Nationality Act.’’.
(c) MURDER OF FOREIGN OFFICIALS AND CERTAIN
OTHER PERSONS.—Section 1116 of title 18, United
States Code, is amended—
(1) in subsection (b), by adding at the end the
following:
‘‘(7) ‘National of the United States’ has the
meaning prescribed in section 101(a)(22) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(22)).’’; and
(2) in subsection (c), by striking the first sen-
tence 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 of-
fense if (1) the victim is a representative, officer,
employee, or agent of the United States, (2) an of-
fender is a national of the United States, or (3) an
offender is afterwards found in the United States.’’.
(d) PROTECTION OF FOREIGN OFFICIALS AND CER-
TAIN OTHER 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 sen-
tence 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 of-
fense if (1) the victim is a representative, officer,
employee, or agent of the United States, (2) an of-
fender is a national of the United States, or (3) an
offender is afterwards found in the United States.’’.
(e) THREATS AND EXTORTION AGAINST FOREIGN
OFFICIALS AND CERTAIN OTHER 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 sen-
tence 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 of-
fense if (1) the victim is a representative, officer,
employee, or agent of the United States, (2) an of-
fender 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 sub-
section (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 prescribed 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—
(1) by inserting ‘‘(A)’’ before ‘‘the offender is
later found in the United States’’; and
(2) by inserting ‘‘; or (B) an offender or a vic-
tim is a national of the United States (as defined in
section 101(a)(22) of the Immigration and National-
ity Act (8 U.S.C. 1101(a)(22)))’’ after ‘‘the offender
is later found in the United States’’.
(h) BIOLOGICAL WEAPONS.—Section 178 of title 18,
United States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(3);
(2) by striking the ‘‘period’’ at the end of para-
graph (4) and inserting ‘‘; and’’; and
(3) by adding the following at the end:
‘‘(5) the term ‘national of the United States’
has the meaning prescribed in section 101(a)(22) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).’’.
SEC. 107. EXPANSION AND MODIFICATION OF WEAPONS OF
MASS DESTRUCTION STATUTE.
Section 2332a of title 18, United States Code, is
amended—
(1) in subsection (a)—
(A) by inserting ‘‘, without lawful author-
ity’’ after ‘‘A person who’’;
(B) by inserting ‘‘threatens,’’ before ‘‘at-
tempts or conspires to use, a weapon of mass
destruction’’; and
(C) by inserting ‘‘and the results of such
use affect interstate or foreign commerce or, in
the case of a threat, attempt, or conspiracy,
would have affected interstate or foreign com-
merce’’ before the semicolon at the end of para-
graph (2); ‘‘
(2) in subsection (b), so that subparagraph (B)
of paragraph (2) reads as follows:
‘‘(B) any weapon that is designed to cause
death or serious bodily injury through the re-
lease, dissemination, or impact of toxic or poi-
sonous chemicals, or their precursors;’’;
(3) by redesignating subsection (b) as sub-
section (c); and
(4) by inserting after subsection (a) the follow-
ing new subsection:
‘‘(b) Any national of the United States who, without
lawful authority and outside the United States, uses, or
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 by imprisonment for any term of years or for life.’’.
SEC. 108. ADDITION OF TERRORISM OFFENSES TO THE
MONEY LAUNDERING STATUTE.
(a) MURDER AND DESTRUCTION OF PROPERTY.—
Section 1956(c)(7)(B)(ii) of title 18, United States Code,
is amended by striking ‘‘or extortion;’’ and inserting ‘‘ex-
tortion, murder, or destruction of property by means of
explosive or fire;’’.
(b) SPECIFIC OFFENSES.—Section 1956(c)(7)(D) of
title 18, United States Code, is amended—
(1) by inserting after ‘‘an offense under’’ the
following: ‘‘section 32 (relating to the destruction of
aircraft), section 37 (relating to violence at inter-
national airports), section 115 (relating to influenc-
ing, impeding, or retaliating against a Federal offi-
cial by threatening or injuring a family member),’’;
(2) by inserting after ‘‘section 215 (relating to
commissions or gifts for procuring loans),’’ the fol-
lowing: ‘‘section 351 (relating to Congressional or
Cabinet officer assassination),’’;
(3) by inserting after ‘‘section 793, 794, or 798
(relating to espionage),’’ the following: ‘‘section 831
(relating to prohibited transactions involving nuclear
materials), section 844 (f) or (i) (relating to destruc-
tion by explosives or fire of Government property or
property affecting interstate or foreign commerce),’’;
(4) 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),’’;
(5) by inserting after ‘‘section 1032 (relating to
concealment of assets from conservator, receiver, or
liquidating agent of financial institution),’’ the fol-
lowing: ‘‘section 1111 (relating to murder), section
1114 (relating to protection of officers and employ-
ees of the United States), section 1116 (relating to
murder of foreign officials, official guests, or inter-
nationally protected persons),’’;
(6) by inserting after ‘‘section 1203 (relating to
hostage taking)’’ the following: ‘‘section 1361 (relat-
ing to willful injury of Government property), sec-
tion 1363 (relating to destruction of property within
the special maritime and territorial jurisdiction),’’;
(7) by inserting after ‘‘section 1708 (theft from
the mail);’’ the following: ‘‘section 1751 (relating to
Presidential assassination),’’;
(8) by inserting after ‘‘2114 (relating to bank
and postal robbery and theft),’’ the following: ‘‘sec-
tion 2280 (relating to violence against maritime
navigation), section 2281 (relating to violence
against maritime fixed platforms),’’; and
(9) 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 destruc-
tion), section 2332b (relating to international terror-
ist acts transcending national boundaries), 2339A
(relating to providing material support to terrorists)
of this title, section 46502 of title 49, United States
Code,’’.
SEC. 109. EXPANSION OF FEDERAL JURISDICTION OVER
BOMB THREATS.
Section 844(e) of title 18, United States Code, is
amended by striking ‘‘commerce,’’ and inserting ‘‘inter-
state or foreign commerce, or in or affecting interstate or
foreign commerce,’’
SEC. 110. CLARIFICATION OF MARITIME VIOLENCE JURIS-
DICTION.
Section 2280(b)(1)(A) of title 18, United States
Code, is amended—
(1) in clause (ii), by striking ‘‘and the activity
is not prohibited as a crime by the State in which
the activity takes place’’; and
(2) in clause (iii), by striking ‘‘the activity takes
place on a ship flying the flag of a foreign country
or outside of the United States,’’.
SEC. 111. POSSESSION OF STOLEN EXPLOSIVES PROHIB-
ITED.
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, or pledge or accept as security for a loan, any stolen
explosive materials which are moving as, which are part
of, which constitute, or which have been shipped or trans-
ported in, interstate or foreign commerce, either before or
after such materials were stolen, knowing or having rea-
sonable cause to believe that the explosive materials were
stolen.’’.
TITLE II—INCREASED
PENALTIES
SEC. 201. MANDATORY MINIMUM FOR CERTAIN EXPLO-
SIVES OFFENSES.
Section 844(f) of title 18, United States Code, is
amendedto read as follows:
‘‘(f) Whoever damages or destroys, or attempts to
damage or destroy, by means of fire or an explosive, any
personal or real property in whole or in part owned, pos-
sessed, or used by, or leased to, the United States, or any
department or agency thereof, shall be fined under this
title or imprisoned for not more than 25 years, or both,
but—
‘‘(1) if personal injury results to any person
other than the offender, the term of imprisonment
shall be not more than 40 years;
‘‘(2) if fire or an explosive is used and its use
creates a substantial risk of serious bodily injury to
any person other than the offender, the term of im-
prisonment shall not be less than 20 years; and
‘‘(3) if death results to any person other than
the offender, the offender shall be subject to the
death penalty or imprisonment for any term of years
not less than 30, or for life.’’.
SEC. 202. INCREASED PENALTY FOR EXPLOSIVE CONSPIR-
ACIES.
Section 844 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(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 conspir-
acy.’’.
SEC. 203. INCREASED AND ALTERNATE CONSPIRACY PEN-
ALTIES FOR TERRORISM OFFENSES.
(a) TITLE 18 OFFENSES.—
(1) 
Sections 
32(a)(7), 
32(b)(4), 
37(a),
115(a)(1)(A), 115(a)(2), 1203(a), 2280(a)(1)(H),
2281(a)(1)(F), of title 18, United States Code, are
each amended by inserting ‘‘or conspires’’ after ‘‘at-
tempts’’.
(2) Section 115(b)(2) of title 18, United States
Code, is amended by striking ‘‘or attempted kidnap-
ping’’ both places it appears and inserting ‘‘, at-
tempted kidnapping, or conspiracy to kidnap’’.
(3)(A) Section 115(b)(3) of title 18, United
States Code, is amended by striking ‘‘or attempted
murder’’ and inserting ‘‘, attempted murder, or con-
spiracy to murder’’.
(B) Section 115(b)(3) of title 18, United States
Code, is amended by striking ‘‘and 1113’’ and in-
serting ‘‘, 1113, and 1117’’.
(4) Section 175(a) of title 18, United States
Code, is amended by inserting ‘‘or conspires to do
so,’’ after ‘‘any organization to do so,’’.
(b) AIRCRAFT PIRACY.—
(1) Section 46502(a)(2) of title 49, United
States Code, is amended by inserting ‘‘or conspir-
ing’’ after ‘‘attempting’’.
(2) Section 46502(b)(1) of title 49, United
States Code, is amended by inserting ‘‘or conspiring
to commit’’ after ‘‘committing’’.
SEC. 204. MANDATORY PENALTY FOR TRANSFERRING A
FIREARM KNOWING THAT IT WILL BE USED
TO COMMIT A CRIME OF VIOLENCE.
Section 924(h) of title 18, United States Code, is
amended—
(1) by inserting ‘‘or having reasonable cause to
believe’’ after ‘‘knowing’’; and
(2) by striking ‘‘imprisoned not more than 10
years, fined in accordance with this title, or both.’’
and inserting ‘‘subject to the same penalties as may
be imposed under subsection (c) on a transferee for
a first conviction for the use or carrying of the fire-
arm.’’.
SEC. 205. MANDATORY PENALTY FOR TRANSFERRING AN
EXPLOSIVE MATERIAL KNOWING THAT IT
WILL BE USED TO COMMIT A CRIME OF VIO-
LENCE.
Section 844 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(n) Whoever knowingly transfers any explosive ma-
terials, knowing or having reasonable cause to believe that
such explosive materials will be used to commit a crime
of violence (as defined in section 924(c)(3) of this title)
or drug trafficking crime (as defined in section 924(c)(2)
of this title) shall be subject to the same penalties as may
be imposed under subsection (h) on a transferee for a first
conviction for the use or carrying of the explosive mate-
rials.’’.
SEC. 206. DIRECTIONS TO SENTENCING COMMISSION.
The United States Sentencing Commission shall
forthwith, in accordance with the procedures set forth in
section 21(a) of the Sentencing Act of 1987, as though
the authority under that section had not expired, amend
the sentencing guidelines so that the chapter 3 adjustment
relating to international terrorism also applies to domestic
terrorism.
TITLE III—INVESTIGATIVE
TOOLS
SEC. 301. INTERCEPTIONS OF COMMUNICATIONS.
(a) AUTHORIZATION OF INTERCEPTIONS IN CERTAIN
TERRORISM RELATED OFFENSES.—Section 2516(1) of
title 18, United States Code, is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (n);
(2) by redesignating subparagraph (o) as sub-
paragraph (q);
(3) by inserting after paragraph (n) the follow-
ing:
‘‘(o) any violation of section 842 (relating to ex-
plosives violations), section 956 or section 960 (re-
lating to certain actions against foreign nations),
section 1114 (relating to protection of officers and
employees of the United States), section 1116 (relat-
ing to murder of foreign officials, official guests, or
internationally protected persons), section 1751 (re-
lating to Presidential assassination), section 2332
(relating to terrorist acts abroad), section 2332a (re-
lating 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) of title 18,
United States Code, or;
‘‘(p) any violation of section 46502 of title 49,
United States Code; and’’.
(b) REPORTS CONCERNING INTERCEPTED COMMU-
NICATIONS.—Subsection (6) of section 2518 of the United
States Code is amended to read as follows:
‘‘(6) Whenever an order authorizing interception is
entered under this chapter, the order shall require the at-
torney for the Government to file a report with the judge
who issued the order showing what progress has been
made toward achievement of the authorized objective and
the need for continued interception. Such report shall be
made 15 days after the interception has begun. No other
reports shall be made to the judge under this subsection.’’.
SEC. 302. PEN REGISTERS AND TRAP AND TRACE DEVICES
IN FOREIGN COUNTERINTELLIGENCE INVES-
TIGATIONS.
(a) APPLICATION.—Section 3122(b)(2) of title 18,
United States Code, is amended by inserting ‘‘or foreign
counterintelligence’’ after ‘‘criminal’’.
(b) ORDER.—
(1) Section 3123(a) of title 18, United States
Code, is amended by inserting ‘‘or foreign counter-
intelligence’’ after ‘‘criminal’’.
(2) Section 3123(b)(1) of title 18, United
States Code, is amended in subparagraph (B), by
striking ‘‘criminal’’.
SEC. 303. DISCLOSURE OF INFORMATION AND CONSUMER
REPORTS TO FEDERAL BUREAU OF INVES-
TIGATION 
FOR 
FOREIGN 
COUNTERINTEL-
LIGENCE PURPOSES.
(a) IN GENERAL.—Chapter 33 of title 28, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 540B. Disclosures for counterintelligence purposes
‘‘(a) IDENTITY OF FINANCIAL INSTITUTIONS.—Not-
withstanding any provision of the Fair Credit Reporting
Act, a consumer reporting agency shall furnish to the Fed-
eral 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 ac-
count, to the extent that information is in the files of the
agency, when presented with a written request for that
information, signed by the Director of the Federal Bureau
of Investigation, or the Director’s designee (in a position
not lower than Deputy Assistant Director), which certifies
compliance with this section. The Director or the Direc-
tor’s designee may make such a certification only if the
Director or the Director’s designee has determined in writ-
ing that—
‘‘(1) such information is necessary for the con-
duct of an authorized foreign counterintelligence in-
vestigation; and
‘‘(2) there are specific and articulable facts giv-
ing reason to believe that the consumer—
‘‘(A) is a foreign power (as defined in sec-
tion 101 of the Foreign Intelligence Surveil-
lance Act of 1978) or a person who is not a
United States person (as defined in such sec-
tion 101) and is an official of a foreign power;
or
‘‘(B) is an agent of a foreign power and is
engaging or has engaged in international terror-
ism (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.
‘‘(b) IDENTIFYING INFORMATION.—Notwithstanding
any provision of the Fair Credit Reporting Act, a
consumer reporting agency shall furnish identifying infor-
mation respecting a consumer, limited to name, address,
former addresses, places of employment, or former places
of employment, to the Federal Bureau of Investigation
when presented with a written request, signed by the Di-
rector or the Director’s designee, which certifies compli-
ance with this subsection. The Director or the Director’s
designee may make such a certification only if the Director
or the Director’s designee has determined in writing
that—
‘‘(1) such information is necessary to the con-
duct of an authorized foreign counterintelligence in-
vestigation; and
‘‘(2) there is information giving reason to be-
lieve that the consumer has been, or is about to be,
in contact with a foreign power or an agent of a for-
eign power (as defined in section 101 of the Foreign
Intelligence Surveillance Act of 1978).
‘‘(c) COURT ORDER FOR DISCLOSURE OF CONSUMER
REPORTS.—Notwithstanding any provision of the Fair
Credit Reporting Act, if requested in writing by the Direc-
tor of the Federal Bureau of Investigation, or a designee
of the Director, a court may issue an order ex parte direct-
ing a consumer reporting agency to furnish a consumer
report to the Federal Bureau of Investigation, upon a
showing in camera that—
‘‘(1) the consumer report is necessary for the
conduct of an authorized foreign counterintelligence
investigation; and
‘‘(2) there are specific and articulable facts giv-
ing reason to believe that the consumer whose
consumer report is sought—
‘‘(A) is an agent of a foreign power; and
‘‘(B) is engaging or has engaged in inter-
national terrorism (as that term is defined in
section 2331 of this title) or clandestine intel-
ligence activities that involve or may involve a
violation of criminal statutes of the United
States.
The terms of an order issued under this subsection shall
not disclose that the order is issued for purposes of a
counterintelligence investigation.
‘‘(d) CONFIDENTIALITY.—No consumer reporting
agency or officer, employee, or agent of a consumer report-
ing agency shall disclose to any person, other than those
officers, employees, or agents of a consumer reporting
agency necessary to fulfill the requirement to disclose in-
formation 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 sub-
section (a), (b), or (c) and no consumer reporting agency
or officer, employee, or agent of a consumer reporting
agency shall include in any consumer report any informa-
tion that would indicate that the Federal Bureau of Inves-
tigation has sought or obtained such information or a
consumer report.
‘‘(e) PAYMENT OF FEES.—The Federal Bureau of
Investigation shall, subject to the availability of appropria-
tions, pay to the consumer reporting agency assembling
or providing reports or information in accordance with
procedures established under this section, a fee for reim-
bursement for such costs as are reasonably necessary and
which have been directly incurred in searching, reproduc-
ing, or transporting books, papers, records, or other data
required or requested to be produced under this section.
‘‘(f) LIMIT ON DISSEMINATION.—The Federal Bu-
reau of Investigation may not disseminate information ob-
tained pursuant to this section outside of the Federal Bu-
reau of Investigation, except to the Department of Justice
as may be necessary for the approval or conduct of a for-
eign counterintelligence investigation, or, where the infor-
mation concerns a person subject to the Uniform Code of
Military Justice, to appropriate investigative authorities
within the military department concerned as may be nec-
essary for the conduct of a joint foreign counterintel-
ligence 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 con-
strued to authorize or permit the withholding or informa-
tion from the Congress.
‘‘(h) REPORTS TO CONGRESS.—In January of each
year, the Attorney General, shall report to the Congress
concerning all requests made pursuant to subsections (a),
(b), and (c) during the preceding year.
‘‘(i) DAMAGES.—Any agency or department of the
United States obtaining or disclosing any consumer re-
ports, records, or information contained therein in viola-
tion 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 will-
ful or intentional, such punitive damages as a court
may allow; and
‘‘(4) in the case of any successful action to en-
force liability under this subsection, the costs of the
action, together with reasonable attorney fees, as de-
termined 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 de-
termine 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 the Fair Credit Reporting Act, any
consumer reporting agency or agent or employee thereof
making disclosure of consumer reports or identifying in-
formation pursuant to this subsection in good-faith reli-
ance upon a certification of the Federal Bureau of Inves-
tigation pursuant to provisions of this section shall not
be liable to any person for such disclosure under the Fair
Credit Reporting Act, the constitution of any State, or any
law or regulation of any State or any political subdivision
of any State.
‘‘(l) LIMITATION
OF REMEDIES.—Notwithstanding
any provision of the Fair Credit Reporting Act, the rem-
edies and sanctions set forth in this section shall be the
only judicial remedies and sanctions for violation of this
section.
‘‘(m) 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
‘‘(n) DEFINITIONS.—Any term used in this section
that is defined for the purposes of the Fair Credit Report-
ing Act shall have the meaning given that term for those
purposes.’’.
(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:
‘‘624. Disclosures to FBI for counterintelligence purposes.’’.
SEC. 304. ACCESS TO RECORDS OF COMMON CARRIERS,
PUBLIC ACCOMMODATION FACILITIES, PHYS-
ICAL STORAGE FACILITIES AND VEHICLE
RENTAL FACILITIES IN FOREIGN COUNTER-
INTELLIGENCE 
AND 
COUNTERTERRORISM
CASES.
(a) IN GENERAL.—Title 18, United States Code, is
amended by inserting after chapter 121 the following new
chapter:
‘‘CHAPTER 122—ACCESS TO CERTAIN RECORDS
‘‘Sec.
‘‘2720. Access to records of common carriers, public accommodation facil-
ities, physical storage facilities, and vehicle rental facilities in
counterintelligence and counterterrorism cases.
‘‘§ 2720. Access to records of common carriers, public
accommodation facilities, physical stor-
age facilities, and vehicle rental facilities
in 
counterintelligence 
and
counterterrorism cases
‘‘(a) Any common carrier, public accommodation fa-
cility, physical storage facility, or vehicle rental facility
shall comply with a request for records in its possession
made pursuant to this section by the Federal Bureau of
Investigation when the Director or the Director’s designee
(in a position not lower than Assistant Special Agent in
Charge) certifies in writing to the common carrier, public
accommodation facility, physical storage facility, or vehicle
rental facility that such records are sought for foreign
counterintelligence purposes and that there are specific
and articulable facts giving reason to believe that the per-
son or an agent of a foreign power as defined in section
101 of the Foreign Intelligence Surveillance Act (50
U.S.C. 1801).
‘‘(b)(1) Except as otherwise provided in the sub-
section, 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 any information
about that request.
‘‘(2) The prohibition of this subsection does not apply
to a disclosure to those officers, agents, or employees of
the common carrier, public accommodation facility, phys-
ical storage facility, or vehicle rental facility necessary to
fulfill the requirement to disclose the information to the
Federal Bureau of Investigation under this section,
‘‘(3) The prohibition of this subsection ends 180 days
after the request is made under subsection (a), unless the
Director or the Director’s designee certifies in writing, at
the beginning of each succeeding 180-day period, to the
recipient of the request that the continuation of the prohi-
bition during that period is necessary to the success of
an ongoing investigation.
‘‘(c) As used in this section—
‘‘(1) the term ‘common carrier’ has the mean-
ing given that term in section 10102 of title 49,
United States Code, and also includes an air carrier
(as defined in section 40102 of title 49, United
States Code) and a private commercial interstate
carrier for the delivery of packages and other ob-
jects;
‘‘(2) the term ‘public accommodation facility’
means any inn, hotel, motel, or other establishment
which provides lodging to transient guests;
‘‘(3) the term ‘physical storage facility’ means
any business or entity which 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
‘‘(4) the term ‘vehicle rental facility’ means any
person or entity which provides vehicles for rent,
lease, loan, or other similar use to the public or any
segment thereof.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
for part I of title 18, United States Code, is amended by
inserting after the item relating to chapter 121 the follow-
ing new item:
‘‘122. Access to certain records .................................................... 2729’’.
SEC. 305. STUDY OF TAGGING EXPLOSIVE MATERIALS, REN-
DERING EXPLOSIVE COMPONENTS INERT,
AND IMPOSING CONTROLS OF PRECURSORS
OF EXPLOSIVES.
(a) STUDY.—The Attorney General, in consultation
with other Federal, State and local officials with expertise
in this area and such other individuals as the Attorney
General deems appropriate, shall conduct a study concern-
ing—
(1) the tagging of explosive materials for pur-
poses of detection and identification;
(2) whether common chemicals used to manu-
facture explosive materials can be rendered inert and
whether it is feasible to require it; and
(3) whether controls can be imposed on certain
precursor chemicals used to manufacture explosive
materials and whether it is feasible to require it.
(b) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Attorney General shall
submit to the Congress a report that contains the results
of the study required by this section. The Attorney Gen-
eral shall make the report available to the public.
SEC. 306. LIMITATION OF STATUTORY EXCLUSIONARY
RULE CONCERNING INTERCEPTED WIRE OR
ORAL COMMUNICATIONS.
Section 2515 of title 18, United States Code, is
amended by adding at the end the following: ‘‘This section
shall not apply to the disclosure by the United States in
a criminal trial or hearing or before a grand jury of the
contents of a wire or oral communication, or evidence de-
rived therefrom, unless the violation of this chapter in-
volved bad faith by law enforcement.’’
SEC. 307. AUTHORITY FOR WIRETAPS IN ANY TERRORISM-
RELATED OR EXPLOSIVES FELONY.
(a) DEFINITION
OF
‘‘ELECTRONIC
COMMUNICA-
TION’’.—Section 2510(12) of title 18, United States Code,
is amended—
(1) by striking or’’ at the end of subparagraph
(B);
(2) by inserting ‘‘or’’ at the end of subpara-
graph (c); and
(3) by adding a new subparagraph (D), as fol-
lows:
‘‘(D) information stored in a communications system
used for the electronic storage and transfer of funds;’’
(b) DEFINITION OF ‘‘READILY ACCESSIBLE TO THE
GENERAL PUBLIC’’.—Section 2510(16) of title 18, United
States Code, is amended—
(1) by inserting ‘‘or’’ at the end of subpara-
graph (D);
(2) by striking ‘‘or’’ at the end of subparagraph
(E); and
(3) by striking subparagraph (F).
SEC. 308. TEMPORARY EMERGENCY WIRETAP AUTHORITY
INVOLVING TERRORISTIC CRIMES.
(a) SECTION 2518.—Section 2518(7)(a) of title 18,
United States Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(ii); and
(2) by inserting after subparagraph (ii) the fol-
lowing:
‘‘(iii) conspiratorial activities involving do-
mestic terrorism or international terrorism (as
that term is defined in section 2331 of this
title), or’’; and
(3) by redesignating existing subparagraph (iii)
as subparagraph (iv).
(b) DEFINITION OF DOMESTIC TERRORISM.—Section
2510 of title 18, United States Code, is amended.—
(1) by striking ‘‘and’’ at the end of paragraph
(17);
(2) by striking the period at the end of para-
graph (18) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (18) the fol-
lowing:
‘‘(19) ‘domestic terrorism’ means terrorism, as
defined in section 2331 of this title, that occurs
primarily inside the territorial jurisdiction of the
United States.’’.
SEC. 309. EXPANDED AUTHORITY FOR ROVING WIRETAPS.
Section 2518(11) of title 18, United States Code, is
amended to read as follows:
‘‘(11) The requirements of subsections (1)(b)(11) and
(3)(d) of this section relating to the specification of facili-
ties from which or the place where the communication is
to be intercepted to do not apply if, in the case of an appli-
cation with respect to the interception of oral, wire, or
electronic communications—
‘‘(a) the application is by a Federal investiga-
tive or law enforcement officer, and is approved by
the Attorney General, the Deputy Attorney General,
the Associate Attorney General, or an Assistant At-
torney General (or an official acting in any such ca-
pacity);
‘‘(b) the application contains a full and com-
plete statement as to why such specification is not
practical and identifies the person committing the
offense and whose communications are to be inter-
cepted; and
‘‘(c) the judge finds that such specification is
not practical.’’.
SEC. 310. ENHANCED ACCESS TO TELEPHONE BILLING
RECORDS.
(a) SECTION 2709.—Section 2709(b) of title 18,
United States Code, is amended—
(1) in paragraph (1)(A), by inserting ‘‘local and
long distance’’ before ‘‘toll billing records’’
(2) by striking ‘‘and’’ at the end of paragraph
(1);
(3) by striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and
(4) by adding at the end a new paragraph (3),
as follows:
‘‘(3) request the name, address, length of serv-
ice, and local and long distance toll billing records
of a person or entity if the Director or the Director’s
designee (in a position not lower than Deputy As-
sistant Director) certifies in writing to the wire or
electronic communication service provider to which
the request is made that the information sought is
relevant to an authorized domestic terrorism inves-
tigation.’’.
(b) SECTION 2703.—Section 2703(c)(1)(C) of title
18, United States Code, is amended by inserting ‘‘local
and long distance’’ before ‘‘telephone toll billing records’’.
SEC. 311. REQUIREMENT TO PRESERVE EVIDENCE.
Section 2703 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(f) REQUIREMENT
TO PRESERVE EVIDENCE.—A
provider of wire or electronic communication services or
a remote computing service, upon the request of a govern-
mental 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.’’
SEC. 312. MILITARY ASSISTANCE WITH RESPECT TO OF-
FENSES INVOLVING WEAPONS OF MASS DE-
STRUCTION.
(a) REQUEST FOR ASSISTANCE.—The Attorney Gen-
eral may request the Secretary of Defense to provide tech-
nical and logistical assistance by civilian and military per-
sonnel of the Department of Defense in support of Depart-
ment of Justice activities relating to offenses involving
weapons of mass destruction (as defined in section 2332a
of title 18, United States Code) if the Attorney General
determines that—
(1) such assistance is needed to counter the
threat posed by such a weapon or to enforce the
criminal laws relating to such weapons; and
(2) civilian law enforcement expertise is not
available to provide the required assistance.
(b) PROVISION OF ASSISTANCE.—The Secretary of
Defense shall provide such assistance unless doing so
would adversely affect the military preparedness of the
United States.
(c) ASSISTANCE TO EXCLUDE ARREST OR APPRE-
HENSION.—For the purposes of this section, the term
‘‘technical and logistical assistance’’ does not include the
apprehension or arrest of any person.
(d) REIMBURSEMENT.—The Secretary of Defense
may require reimbursement as a condition of providing as-
sistance under this section.
(e) DELEGATION.—The Attorney General may dele-
gate a function under this section only to a Deputy Attor-
ney General, Associate Attorney General, or Assistant At-
torney General.
SEC. 313. DETENTION HEARING.
Section 3142(f) of title 18, United States Code, is
amended by inserting ‘‘(not including any intermediate
Saturday, Sunday, or legal holiday)’’ after ‘‘five days’’ and
after ‘‘three days’’.
SEC. 314. REWARD AUTHORITY OF THE ATTORNEY GEN-
ERAL.
(a) IN GENERAL.—Title 18, United States Code, is
amended by striking sections 3059 through 3059A and in-
serting the following:
‘‘§ 3059 Reward authority of the Attorney General
‘‘(a) The Attorney General may pay rewards and re-
ceive from any department or agency, funds for the pay-
ment of rewards under this section, to any individual who
provides any information unknown to the Government
leading to the arrest or prosecution of any individual for
Federal felony offenses.
‘‘(b) If the reward exceeds $100,000, the Attorney
General shall give notice of that fact to the Senate and
the House of Representatives not later than 30 days after
authorizing the payment of the reward,.
‘‘(c) A determination made by the Attorney General
as to whether to authorize an award under this section
and as to the amount of any reward authorized shall be
final and conclusive, and no court shall have jurisdiction
to review it.
‘‘(d) If the Attorney General determines that the
identity of the recipient of a reward or of the members
of the recipient’s immediate family must be protected, the
Attorney General may take such measures in connection
with the payment of the reward as the Attorney General
deems necessary to effect such protection.
‘‘(e) No officer or employee of any governmental en-
tity may receive a reward under this section for conduct
in performance of his or her official duties.
‘‘(f) Any individual (and the immediate family of such
individual) who furnishes information which would justify
a reward under this section or a reward by the Secretary
of State under section 36 of the State Department Basic
Authorities Act of 1956 may, in the discretion of the At-
torney General, participate in the Attorney General’s wit-
ness security program under chapter 224 of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 203 of title 18, United States
Code, is amended by striking the items relating to section
3059 and 3059A and inserting the following new item:
‘‘3059. Reward authority of the Attorney General.’’.
(c) CONFORMING AMENDMENT.—Section 1751 of
title 18, United States Code, is amended by striking sub-
section (g).
SEC. 315. DEFINITION OF TERRORISM.
Section 2331 of title 18, United States Code, is
amended—
(1) so that paragraph (1) reads as follows:
‘‘(1) the term ‘terrorism’ means the use of force
or violence in violation of the criminal laws of the
United States or of any State, or that would be in
violation of the criminal laws of the United States
or of any State if committed within the jurisdiction
of the United States or that State that appears to
be intended to achieve political or social ends by—
‘‘(A) intimidating or coercing a segment of
the population;
‘‘(B) influencing or coercing a government
official or officials; or
‘‘(C) affecting the conduct of a government
through assassination or kidnapping;’’;
(2) by inserting after paragraph (1) the follow-
ing:
‘‘(2) the term ‘international terrorism’ means
terrorism that occurs primarily outside the terri-
torial jurisdiction of the United States, or tran-
scends national boundaries in terms of the means by
which it is accomplished, the persons it appears in-
tended to intimidate or coerce, or the locale in which
its perpetrators operate or seek asylum;’’; and
(3) by redesignating existing paragraphs (2)
through (4) as paragraphs (3) through (5), respec-
tively.
TITLE IV—NUCLEAR MATERIALS
SEC. 401. EXPANSION OF NUCLEAR MATERIALS PROHIBI-
TIONS.
(a) EXPANSION
OF SCOPE
AND JURISDICTIONAL
BASES.—Section 831 of title 18, United States Code, is
amended—
(1) in subsection (a), by striking ‘‘nuclear mate-
rial’’ each place it appears and inserting ‘‘nuclear
material or nuclear byproduct material’’;
(2) in subsection (a)(1)(A), by inserting ‘‘or the
environment’’ after ‘‘property’’;
(3) so that subsection (a)(1)(B) reads as fol-
lows:
‘‘(B)(i) circumstances exist which are likely
to cause the death of or serious bodily injury to
any person or substantial damage to property
or the environment; or (ii) such circumstances
are represented to the defendant to exist;’’;
(4) in subsection (a)(6), by inserting ‘‘or the
environment’’ after ‘‘property’’;
(5) so that subsection (c)(2) reads as follows:
‘‘(2) an offender or a victim is a national of the
United States or a United States corporation or
other legal entity;’’;
(6) in subsection (c)(3), by striking ‘‘at the
time of the offense the nuclear material is in use,
storage, or transport, for peaceful purposes, and’’;
(7) by striking ‘‘or’’ at the end of subsection
(c)(3);
(8) in subsection (c)(4), by striking ‘‘nuclear
material for peaceful purposes’’ and inserting ‘‘nu-
clear material or nuclear byproduct material’’;
(9) by striking the period at the end of sub-
section (c)(4) and inserting ‘‘; or’’;
(10) by adding at the end of subsection (c) the
following:
‘‘(5) the governmental entity under subsection
(a)(5) is the United States or the threat under sub-
section (a)(6) is directed at the United States.’’;
(11) in subsection (f)(1)(A), by striking ‘‘with
an isotopic concentration not in excess of 80 percent
plutonium 238’’;
(12) in subsection (f)(1)(C) by inserting ‘‘en-
riched uranium, defined as’’ before ‘‘uranium’’;
(13) in subsection (f), by redesignating para-
graphs (2), (3), and (4) as (3), (4), and (5), respec-
tively;
(14) by inserting after subsection (f)(1) the
following:
‘‘(2) the term ‘nuclear byproduct material’
means any material containing any radioactive iso-
tope created through an irradiation process in the
operation of a nuclear reactor or accelerator;’’;
(15) by striking ‘‘and’’ at the end of subsection
(f)(4), as redesignated;
(16) by striking the period at the end of sub-
section (f)(5), as redesignated, and inserting a semi-
colon; and
(17) by adding at the end of subsection (f) the
following:
‘‘(6) the term ‘national of the United States’
has the meaning prescribed 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, district, commonwealth, territory or
possession of the United States.’’.
TITLE V—CONVENTION ON THE
MARKING OF PLASTIC EXPLO-
SIVES
SEC. 501. DEFINITIONS.
Section 841 of title 18, United States Code, is
amended by adding at the end the following new sub-
sections:
‘‘(o) ‘Convention on the Marking of Plastic Explo-
sives’ means the Convention on the Marking of Plastic Ex-
plosives for the Purpose of Detection, Done at Montreal
on 1 March 1991.
‘‘(p) ‘Detection agent’ means any one of the sub-
stances 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 explo-
sive, including—
‘‘(1) 
Ethylene 
glycol 
dinitrate 
(EGDN),
C2H4(NO3)2, molecular weight 152, when the mini-
mum 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 mini-
mum 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 tempera-
ture.’’.
SEC. 502. REQUIREMENT OF DETECTION AGENTS FOR
PLASTIC EXPLOSIVES.
Section 842 of title 18, United States Code, is
amended by adding at the end the following:
possession of any plastic explosive, which was imported,
brought into, or manufactured in the United States before
such effective date by any person.
‘‘(B) During the 15-year period that begins on the
date of entry into force of the Convention on the Marking
of Plastic Explosives with respect to the United States,
paragraph (1) shall not apply to the shipment, transpor-
tation, transfer, receipt, or possession of any plastic explo-
sive, which was imported, brought into, or manufactured
in the United States before the effective date of this sub-
section 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 Na-
tional Guard of any State.
‘‘(o) It shall be unlawful for any person, other than
an agency of the United States (including any military re-
serve component) or the National Guard of any State, pos-
sessing any plastic explosive on the effective date of this
subsection, to fail to report to the Secretary within 120
days after the effective date of this subsection the quantity
of such explosives possessed, the manufacturer or im-
porter, any marks of identification on such explosives, and
such other information as the Secretary may by regula-
tions prescribe.’’.
SEC. 503. CRIMINAL SANCTIONS.
Section 844(a) of title 18, United States Code, is
amended to read as follows:
‘‘(a) Any person who violates subsections (a) through
(i) or (l) through (o) of section 842 of this title shall be
fined under this title, imprisoned not more than 10 years,
or both.’’.
SEC. 504. 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 ‘‘sub-
sections’’;
(2) in subsection (a)(1), by inserting ‘‘and
which pertains to safety’’ before the semicolon; and
(3) by adding at the end the following:
‘‘(c) It is an affirmative defense against any proceed-
ing involving subsection (l), (m), (n), or (o) of section 842
of this title if the proponent proves by a preponderance
of the evidence that the plastic explosive—
‘‘(1) consisted of a small amount of plastic ex-
plosive intended for and utilized solely in lawful—
‘‘(A) research, development, or testing of
new or modified explosive materials;
‘‘(B) training in explosives detection or de-
velopment or testing of explosives detection
equipment; or
‘‘(C) forensic science purposes; or
‘‘(2) was plastic explosive which, within 3 years
after the effective date of this paragraph, will be or
is incorporated in a military device within the terri-
tory 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 (in-
cluding any military reserve component) or the Na-
tional Guard of any State, wherever such device is
located. For purposes of this subsection, the term
‘military device’ includes shells, bombs, projectiles,
mines, missiles, rockets, shaped charges, grenades,
perforators, and similar devices lawfully manufac-
tured exclusively for military or police purposes.’’.
SEC. 505. INVESTIGATIVE AUTHORITY.
Section 846 of title 18, United States Code, is
amended—
(1) by inserting ‘‘subsection (m) or (n) of sec-
tion 842 or’’ before ‘‘subsection (d)’’; and
(2) by adding at the end the following: ‘‘The
Attorney General shall have exclusive authority to
conduct investigations with respect to violations of
subsection (m) or (n) of section 842 to the extent
such violations appear to be terrorism (as defined in
section 2331 of this title. Upon request, the Sec-
retary may assist the Attorney General in such in-
vestigations.’’.
SEC. 506. EFFECTIVE DATE.
The amendments made by this title shall take effect
1 year after the date of the enactment of this Act.
TITLE VI—IMMIGRATION-
RELATED PROVISIONS
Subtitle A—Removal of Alien
Terrorists
PART 1—REMOVAL PROCEDURES FOR ALIEN
TERRORISTS
SEC. 601. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended—
(1) by adding at the end of the table of con-
tents the following:
‘‘TITLE V—SPECIAL REMOVAL PROCEDURES FOR ALIEN
TERRORISTS
‘‘Sec. 501. Definitions.
‘‘Sec. 502. Establishment of special removal court; panel of attorneys to assist
with classified information.
‘‘Sec. 503. Application for initiation of special removal proceeding.
‘‘Sec. 504. Consideration of application.
‘‘Sec. 505. Special removal hearings.
‘‘Sec. 506. Consideration of classified information.
‘‘Sec. 507. Appeals.
‘‘Sec. 508. Detention and custody.
and
(2) by adding at the end the following new title:
‘‘TITLE V—SPECIAL REMOVAL PROCEDURES
FOR ALIEN TERRORISTS
‘‘DEFINITIONS
‘‘SEC. 501. In this title:
‘‘(1) The term ‘alien terrorist’ means an alien
described in section 241(a)(4)(B).
‘‘(2) The term ‘classified information’ has the
meaning given such term in section 1(a) of the Clas-
sified Information Procedures Act (18 U.S.C. App.).
‘‘(3) The term ‘national security’ has the mean-
ing given such term in section 1(b) of the Classified
Information Procedures Act (18 U.S.C. App.).
‘‘(4) The term ‘special attorney’ means an at-
torney who is on the panel established under section
502(e).
‘‘(5) The term ‘special removal court’ means
the court established under section 502(a).
‘‘(6) The term ‘special removal hearing’ means
a hearing under section 505.
‘‘(7) The term ‘special removal proceeding’
means a proceeding under this title.
‘‘ESTABLISHMENT OF SPECIAL REMOVAL COURT; PANEL
OF ATTORNEYS TO ASSIST WITH CLASSIFIED INFOR-
MATION
‘‘SEC. 502. (a) IN GENERAL.—The Chief Justice of
the United States shall publicly designate 5 district court
judges from 5 of the United States judicial circuits who
shall constitute a court which shall have jurisdiction to
conduct all special removal proceedings.
‘‘(b) TERMS.—Each judge designated under sub-
section (a) shall serve for a term of 5 years and shall be
eligible for redesignation, except that the four associate
judges first so designated shall be designated for terms
of one, two, three, and four years so that the term of one
judge shall expire each year.
‘‘(c) CHIEF JUDGE.—The Chief Justice shall publicly
designate one of the judges of the special removal court
to be the chief judge of the court. The chief judge shall
promulgate rules to facilitate the functioning of the court
and shall be responsible for assigning the consideration
of cases to the various judges.
‘‘(d) EXPEDITIOUS AND CONFIDENTIAL NATURE OF
PROCEEDINGS.—The provisions of section 103(c) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803(c)) shall apply to proceedings under this title in the
same manner as they apply to proceedings under such Act.
‘‘(e) ESTABLISHMENT OF PANEL OF SPECIAL AT-
TORNEYS.—The special removal court shall provide for the
designation of a panel of attorneys each of whom—
‘‘(1) has a security clearance which affords the
attorney access to classified information, and
‘‘(2) has agreed to represent permanent resi-
dent aliens with respect to classified information
under section 506 in accordance with (and subject to
the penalties under) this title.
‘‘APPLICATION FOR INITIATION OF SPECIAL REMOVAL
PROCEEDING
‘‘SEC. 503. (a) IN GENERAL.—Whenever the Attor-
ney General has classified information that an alien is an
alien terrorist, the Attorney General, in the Attorney Gen-
eral’s discretion, may seek removal of the alien under this
title through the filing of a written application described
in subsection (b) with the special removal court seeking
an order authorizing a special removal proceeding under
this title. The application shall be submitted in camera
and ex parte and shall be filed under seal with the court.
‘‘(b) CONTENTS OF APPLICATION.—Each application
for a special removal proceeding shall include all of the
following:
‘‘(1) The identity of the Department of Justice
attorney making the application.
‘‘(2) The approval of the Attorney General or
the Deputy Attorney General for the filing of the ap-
plication based upon a finding by that individual
that the application satisfies the criteria and re-
quirements of this title.
‘‘(3) The identity of the alien for whom author-
ization for the special removal proceedings is sought.
‘‘(4) A statement of the facts and cir-
cumstances relied on by the Department of Justice
to establish that—
‘‘(A) the alien is an alien terrorist and is
physically present in the United States, and
‘‘(B) with respect to such alien, adherence
to the provisions of title II regarding the depor-
tation of aliens would pose a risk to the na-
tional security of the United States.
‘‘(5) An oath or affirmation respecting each of
facts and statements described in the previous para-
graphs.
‘‘(c) RIGHT TO DISMISS.—The Department of Jus-
tice retains the right to dismiss a removal action under
this title at any stage of the proceeding.
‘‘CONSIDERATION OF APPLICATION
‘‘SEC. 504. (a) IN GENERAL.—In the case of an ap-
plication under section 503 to the special removal court,
a single judge of the court shall be assigned to consider
the application. The judge, in accordance with the rules
of the court, shall consider the application and may con-
sider other information, including classified information,
presented under oath or affirmation. The judge shall con-
sider the application (and any hearing thereof) in camera
and ex parte. A verbatim record shall be maintained of
any such hearing.
‘‘(b) APPROVAL OF ORDER.—The judge shall enter
ex parte the order requested in the application if the judge
finds, on the basis of such application and such other in-
formation (if any), that there is probable cause to believe
that—
‘‘(1) the alien who is the subject of the applica-
tion has been correctly identified and is an alien ter-
rorist, and
‘‘(2) adherence to the provisions of title II re-
garding the deportation of the identified alien would
pose a risk to the national security of the United
States.
‘‘(c) DENIAL OF ORDER.—If the judge denies the
order requested in the application, the judge shall prepare
a written statement of the judge’s reasons for the denial.
‘‘(d) EXCLUSIVE PROVISIONS.—Whenever an order is
issued under this section with respect to an alien—
‘‘(1) the alien’s rights regarding removal and
expulsion shall be governed solely by the provisions
of this title, and
‘‘(2) except as they are specifically referenced,
no other provisions of this Act shall be applicable.
‘‘SPECIAL REMOVAL HEARINGS
‘‘SEC. 505. (a) IN GENERAL.—In any case in which
the application for the order is approved under section
504, a special removal hearing shall be conducted under
this section for the purpose of determining whether the
alien to whom the order pertains should be removed from
the United States on the grounds that the alien is an alien
terrorist. Consistent with section 506, the alien shall be
given reasonable notice of the nature of the charges
against the alien and a general account of the basis for
the charges. The alien shall be given notice, reasonable
under all the circumstances, of the time and place at which
the hearing will be held. The hearing shall be held as expe-
ditiously as possible.
‘‘(b) USE OF SAME JUDGE.—The special removal
hearing shall be held before the same judge who granted
the order pursuant to section 504 unless that judge is
deemed unavailable due to illness or disability by the chief
judge of the special removal court, or has died, in which
case the chief judge shall assign another judge to conduct
the special removal hearing. A decision by the chief judge
pursuant to the preceding sentence shall not be subject
to review by either the alien or the Department of Justice.
‘‘(c) RIGHTS IN HEARING.—
‘‘(1) PUBLIC
HEARING.—The special removal
hearing shall be open to the public.
‘‘(2) RIGHT OF COUNSEL.—The alien shall have
a right to be present at such hearing and to be rep-
resented by counsel. Any alien financially unable to
obtain counsel shall be entitled to have counsel as-
signed to represent the alien. Such counsel shall be
appointed by the judge pursuant to the plan for fur-
nishing representation for any person financially un-
able to obtain adequate representation for the dis-
trict in which the hearing is conducted, as provided
for in section 3006A of title 18, United States Code.
All provisions of that section shall apply and, for
purposes of determining the maximum amount of
compensation, the matter shall be treated as if a fel-
ony was charged.
‘‘(3) INTRODUCTION OF EVIDENCE.—The alien
shall have a right to introduce evidence on the
alien’s own behalf.
‘‘(4) EXAMINATION OF WITNESSES.—Except as
provided in section 506, the alien shall have a rea-
sonable opportunity to examine the evidence against
the alien and to cross-examine any witness.
‘‘(5) RECORD.—A verbatim record of the pro-
ceedings and of all testimony and evidence offered or
produced at such a hearing shall be kept.
‘‘(6) DECISION BASED ON EVIDENCE AT HEAR-
ING.—The decision of the judge in the hearing shall
be based only on the evidence introduced at the
hearing, including evidence introduced under section
505(e).
‘‘(7) NO RIGHT TO ANCILLARY RELIEF.—In the
hearing, the judge is not authorized to consider or
provide for relief from removal based on any of the
following:
‘‘(A) Asylum under section 208.
‘‘(B) Withholding of deportation under sec-
tion 243(h).
‘‘(C) Suspension of deportation under sec-
tion 244(a) or 244(e).
‘‘(D) Adjustment of status under section
245.
‘‘(E) Registry under section 249.
‘‘(d) SUBPOENAS.—
‘‘(1) REQUEST.—At any time prior to the con-
clusion of the special removal hearing, either the
alien or the Department of Justice may request the
judge to issue a subpoena for the presence of a
named witness (which subpoena may also command
the person to whom it is directed to produce books,
papers, documents, or other objects designated
therein) upon a satisfactory showing that the pres-
ence of the witness is necessary for the determina-
tion of any material matter. Such a request may be
made ex parte except that the judge shall inform the
Department of Justice of any request for a subpoena
by the alien for a witness or material if compliance
with such a subpoena would reveal evidence or the
source of evidence which has been introduced, or
which the Department of Justice has received per-
mission to introduce, in camera and ex parte pursu-
ant to subsection (e) and section 506, and the De-
partment of Justice shall be given a reasonable op-
portunity to oppose the issuance of such a subpoena.
‘‘(2) PAYMENT FOR ATTENDANCE.—If an appli-
cation for a subpoena by the alien also makes a
showing that the alien is financially unable to pay
for the attendance of a witness so requested, the
court may order the costs incurred by the process
and the fees of the witness so subpoenaed to be paid
for from funds appropriated for the enforcement of
title II.
‘‘(3) 
NATIONWIDE
SERVICE.—A 
subpoena
under this subsection may be served anywhere in the
United States.
‘‘(4) WITNESS
FEES.—A witness subpoenaed
under this subsection shall receive the same fees and
expenses as a witness subpoenaed in connection with
a civil proceeding in a court of the United States.
‘‘(5) NO
ACCESS
TO
CLASSIFIED
INFORMA-
TION.—Nothing in this subsection is intended to
allow an alien to have access to classified informa-
tion.
‘‘(e) INTRODUCTION
OF
CLASSIFIED
INFORMA-
TION.—
‘‘(1) IN
GENERAL.—When classified informa-
tion has been summarized pursuant to section
506(b) or where a finding has been made under sec-
tion 506(b)(5) that no summary is possible, classi-
fied information shall be introduced (either in writ-
ing or through testimony) in camera and ex parte
and neither the alien nor the public shall be in-
formed of such evidence or its sources other than
through reference to the summary provided pursuant
to such section. Notwithstanding the previous sen-
tence, the Department of Justice may, in its discre-
tion and, in the case of classified information, after
coordination with the originating agency, elect to in-
troduce such evidence in open session.
‘‘(2) TREATMENT
OF
ELECTRONIC
SURVEIL-
LANCE INFORMATION.—
‘‘(A) USE
OF
ELECTRONIC
SURVEIL-
LANCE.—The Government is authorized to use
in a special removal proceedings the fruits of
electronic surveillance and unconsented physical
searches authorized under the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C.
1801 et seq.) without regard to subsections (c),
(e), (f), (g), and (h) of section 106 of that Act.
‘‘(B) NO DISCOVERY OF ELECTRONIC SUR-
VEILLANCE INFORMATION.—An alien subject to
removal under this title shall have no right of
discovery of information derived from electronic
surveillance authorized under the Foreign Intel-
ligence Surveillance Act of 1978 or otherwise
for national security purposes. Nor shall such
alien have the right to seek suppression of evi-
dence.
‘‘(C) CERTAIN PROCEDURES NOT APPLICA-
BLE.—The provisions and requirements of sec-
tion 3504 of title 18, United States Code, shall
not apply to procedures under this title.
‘‘(3) RIGHTS OF UNITED STATES.—Nothing in
this section shall prevent the United States from
seeking protective orders and from asserting privi-
leges ordinarily available to the United States to
protect against the disclosure of classified informa-
tion, including the invocation of the military and
state secrets privileges.
‘‘(f) INCLUSION OF CERTAIN EVIDENCE.—The Fed-
eral Rules of Evidence shall not apply to hearings under
this section. Evidence introduced at the special removal
hearing, either in open session or in camera and ex parte,
may, in the discretion of the Department of Justice, in-
clude all or part of the information presented under sec-
tion 504 used to obtain the order for the hearing under
this section.
‘‘(g) ARGUMENTS.—Following the receipt of evi-
dence, the attorneys for the Department of Justice and
for the alien shall be given fair opportunity to present ar-
gument as to 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 permitted to reply. The attorney for the De-
partment of Justice shall then be permitted to reply in
rebuttal. The judge may allow any part of the argument
that refers to evidence received in camera and ex parte
to be heard in camera and ex parte.
‘‘(h) BURDEN OF PROOF.—In the hearing the De-
partment of Justice has the burden of showing by clear
and convincing evidence that the alien is subject to re-
moval 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 pend-
ing removal from the United States. If the alien was re-
leased pending the special removal hearing, the judge shall
order the Attorney General to take the alien into custody.
‘‘(i) WRITTEN ORDER.—At the time of rendering a
decision 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 infor-
mation received in camera and ex parte pursuant to sub-
section (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 ap-
proved, the judge who granted the order shall consider
each item of classified information the Department of Jus-
tice proposes to introduce in camera and ex parte at the
special removal hearing and shall order the introduction
of such information pursuant to section 505(e) if the judge
determines the information to be relevant.
‘‘(b) PREPARATION
AND PROVISION
OF WRITTEN
SUMMARY.—
‘‘(1) PREPARATION.—The Department of Jus-
tice shall prepare a written summary of such classi-
fied information which does not pose a risk to na-
tional security.
‘‘(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
terrorist, and
‘‘(B) to permit the alien to prepare a de-
fense against deportation.
The Department of Justice shall cause to be deliv-
ered 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
opportunity described in paragraph (3), the
judge does not approve the summary, the judge
shall terminate the special removal hearing un-
less the judge makes the findings described in
subparagraph (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
summary,
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
SUMMARY.—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 BY SPECIAL ATTORNEYS 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
attorney 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 con-
tained in the classified information.
‘‘(2) RESTRICTIONS ON DISCLOSURE.—A spe-
cial attorney receiving classified information under
paragraph (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, im-
prisoned for not less than 10 years or 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 appli-
cation by the United States Court of Appeals for the Dis-
trict of Columbia Circuit by notice of appeal which must
be filed within 20 days. In such a case the entire record
of the proceeding shall be transmitted to the Court of Ap-
peals 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 find-
ing 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 evi-
dence 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 find-
ings 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
Department of Justice to the United States Court of
Appeals for the District of Columbia Circuit by no-
tice of appeal.
‘‘(2) AUTOMATIC APPEALS IN CASES OF PERMA-
NENT
RESIDENT
ALIENS
IN
WHICH
NO
SUMMARY
PROVIDED.—
‘‘(A) IN
GENERAL.—Unless the alien
waives the right to a review under this para-
graph, 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 the procedures of
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.—If any
issue relating to classified information arises in
such review, the alien shall be represented only
by the special attorney designated under section
506(c)(1) on behalf of the alien.
‘‘(d) GENERAL
PROVISIONS
RELATING
TO
AP-
PEALS.—
‘‘(1) NOTICE.—A notice of appeal pursuant to
subsection (b) or (c) (other than under subsection
(c)(2)) must be filed within 20 days, during which
time the order for which the appeal is sought 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 pursu-
ant 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
motions as the Court may require to be filed by
the parties.
‘‘(B) DISPOSITION.—The Court shall up-
hold or reverse the judge’s order within 60 days
after the date of the issuance of the judge’s
final order.
‘‘(4) DE NOVO REVIEW.—In an appeal or re-
view 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
section 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 Su-
preme Court for a writ of certiorari. In any such case,
any information 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 Ap-
peals or a Justice of the Supreme 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 de-
tention order, penalties for failure to appear, pen-
alties for an offense committed while on release, and
sanctions for violation of a release condition shall
apply to an alien to whom section 508(b)(1) applies.
In applying 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
connection with a charge of an offense punish-
able by life imprisonment.
‘‘(2) NO REVIEW OF CONTINUED DETENTION.—
The determinations and actions of the Attorney
General pursuant to section 508(c)(2)(D) shall not
be subject 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
paragraph (2), the Attorney General may take into
custody any alien with respect to whom an applica-
tion under section 503 has been filed and, notwith-
standing any other provision of law, may retain such
an alien in custody in accordance with the proce-
dures authorized by this title.
‘‘(2) SPECIAL
RULES
FOR
PERMANENT
RESI-
DENT ALIENS.—An alien lawfully admitted for per-
manent residence shall be entitled to a release hear-
ing before the judge assigned to hear the special re-
moval hearing. Such an alien shall be detained pend-
ing the special 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 DENIAL OF ORDER AND NO
REVIEW SOUGHT.—
‘‘(A) IN GENERAL.—If a judge of the spe-
cial removal court denies the order sought in an
application with respect to an alien and the De-
partment of Justice does not seek review of
such denial, subject to subparagraph (B), 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 DENIAL OF ORDER
AND REVIEW SOUGHT.—
‘‘(1) IN GENERAL.—If a judge of the special re-
moval court denies the order sought in an applica-
tion with respect to an alien and the Department of
Justice seeks review of such denial, the judge shall
release the alien from custody subject to the least re-
strictive condition or combination of conditions of re-
lease described 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
appearance of the alien at any future proceeding
pursuant to this title and will not endanger the safe-
ty of any other person or the community.
‘‘(2) NO RELEASE FOR CERTAIN ALIENS.—If
the judge finds no such condition or combination of
conditions, 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 the
order, 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 pur-
suant 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 or, if the alien was released
pursuant to paragraph (1)(A), shall take the
alien into 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 other-
wise adversely affect the foreign policy of
the United States.
‘‘(ii) ALTERNATE COUNTRIES.—If the
alien refuses to choose a country to which
the alien wishes to be transported, or if the
Attorney General, in consultation with the
Secretary of State, determines that re-
moval of the alien to the country so se-
lected would impair a treaty obligation or
adversely affect United States foreign pol-
icy, the Attorney General shall cause the
alien to be transported to any country will-
ing to receive such alien.
‘‘(C) 
CONTINUED
DETENTION.—If 
no
country is willing to receive such an alien, the
Attorney General may, notwithstanding any
other provision of law, retain the alien in cus-
tody. The Attorney General, in coordination
with the Secretary 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 represent-
ing the alien at the special removal hearing
alien a written report on the Attorney General’s
efforts. Any alien in custody pursuant to this
subparagraph shall be released 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 pursu-
ant to this subsection, or pursuant to an order
of exclusion because such alien is excludable
under section 212(a)(3)(B), the alien shall be
photographed and fingerprinted, and shall be
advised of the provisions of subsection 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 sen-
tence of confinement resulting from such a trial.
‘‘(2) MAINTENANCE OF CUSTODY.—Pending the
commencement of any service of a sentence of con-
finement by an alien described in paragraph (1),
such an alien shall remain in the custody of the At-
torney General, unless the Attorney General deter-
mines that temporary release of the alien to the cus-
tody of State authorities for confinement in a State
facility is appropriate and would not endanger na-
tional 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 re-
sult 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
custody of the Attorney General who shall proceed
to carry out the provisions of subsection (c)(2) con-
cerning removal of the alien.
‘‘(e) APPLICATION OF CERTAIN PROVISIONS.—For
purposes of section 751 and 752 of title 18, United States
Code, an alien in the custody of the Attorney General pur-
suant to this title shall be subject to the penalties provided
by those sections in relation to a person committed to the
custody of the Attorney General by virtue of an arrest on
a charge of 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
communicate 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
diplomatic or consular official of the alien’s country
of citizenship or nationality or of any country pro-
viding representation services therefore. The Attor-
ney General shall notify the appropriate embassy,
mission, or consular office of the alien’s detention.’’.
(b) JURISDICTION OVER EXCLUSION ORDERS FOR
ALIEN TERRORISTS.—Subsection 106(b) of the Immigra-
tion 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
section 235(c) concerning an alien excludable under sec-
tion 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
TERRORISTS.—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 subsection 235(c) because the
alien was excludable under subsection 212(a)(3)(B)
or who has been removed from the United States
pursuant to the provisions of title V, and who there-
after, without the permission of the Attorney Gen-
eral, 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 sen-
tence shall not run concurrently with any other sen-
tence.’’.
(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 DEPORTATION 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 deporting 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 Im-
migration 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 ‘‘en-
gaged in or’’ after ‘‘believe,’’, and
(C) by inserting after subclause (II) the
following:
‘‘(III) is a representative of a ter-
rorist organization, or
‘‘(IV) is a member of a terrorist
organization,’’; and
(2) by adding at the end the following:
‘‘(iv) TERRORIST ORGANIZATION DE-
FINED.—
‘‘(I) DESIGNATION
BY
PRESI-
DENT.—For purposes of this Act, the
term ‘terrorist organization’ means a
foreign organization designated in the
Federal Register as a terrorist organi-
zation by the President based upon a
finding that the organization engages
in, or has engaged in, terrorist activ-
ity that threatens the national secu-
rity 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
President shall notify the Committees
on the Judiciary of the House of Rep-
resentatives and the Senate of the in-
tent to make such designation and the
President’s findings and basis for des-
ignation.
‘‘(III) CONGRESSIONAL REMOVAL
AUTHORITY.—The Congress reserves
the authority to remove, by law, the
designation of an organization as a
terrorist organization for purposes of
this Act.
‘‘(IV) 
SUNSET.—Subject 
to
subclause (III), the designation under
this clause of an organization as a
terrorist organization shall be effective
for a period of 2 years from the date
of the initial publication of the terror-
ist organization designation by the
President. At the end of such period
(but no sooner than 60 days prior to
the termination of the 2-year-designa-
tion period), the President may redes-
ignate the organization in conformity
with the requirements of this clause
for designation of the organization.
‘‘(V) PRESIDENTIAL
REMOVAL
AUTHORITY.—The President may re-
move the terrorist organization des-
ignation from any organization pre-
viously designated as such an organi-
zation, at any time, so long as the
President publishes notice of the re-
moval in the Federal Register. The
President is not required to report to
Congress prior to taking such an ac-
tion.
‘‘(v) REPRESENTATIVE DEFINED.—In
this subparagraph, the term ‘representa-
tive’ includes an officer, official, or spokes-
man of the organization and any person
who directs, counsels, commands or in-
duces the organization or its members to
engage in terrorist activity. The determina-
tion by the Secretary of State or the Attor-
ney General that an alien is a representa-
tive of a terrorist organization shall be
controlling and shall not be subject to re-
view by any court.’’.
(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 Immigra-
tion and Nationality Act (8 U.S.C. 1158(a)) is amended
by adding at the end the following: ‘‘The Attorney General
may not grant an alien asylum if the Attorney General
determines that the alien is excludable under subclause
(I), (II), or (III) of section 212(a)(3)(B)(i) or deportable
under section 241(a)(4)(B).’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment 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
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 with respect to 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 deport-
able’’.
(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 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 de-
termines 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 per-
secution,
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
asylum under section 208 or a fear of persecution.
‘‘(C)(i) An asylum officer shall promptly conduct
interviews of aliens referred under subparagraph (B).
‘‘(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 perse-
cution, 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 eligi-
ble for such interview may consult with a person or per-
sons 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
‘credible 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 significant possibility, in light of such statements and
of such 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 of-
ficer’ 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 regula-
tion for prompt review of such an order against an alien
who claims under oath, or as permitted under penalty of
100
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 ju-
risdiction 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 enti-
tled to enter, the alien shall be detained for a hearing be-
fore 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
subject to challenge by any other immigration officer and
such challenge shall operate to take the alien whose privi-
101
lege to enter is so challenged, before a special inquiry offi-
cer 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
section 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 that begins more than 90 days after the date of
the enactment 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:
‘‘(d)(1) Notwithstanding any other provision of law,
and except as provided in this subsection, no court shall
102
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
available in habeas corpus proceedings, and shall be lim-
ited to determinations of—
‘‘(A) whether the petitioner is an alien, if the
petitioner makes a showing that the petitioner’s
claim of United States nationality is not frivolous;
‘‘(B) whether the petitioner was ordered spe-
cially 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-
103
erly subject to special exclusion under the regulations
adopted by the Attorney General, the court may order no
relief beyond requiring that the alien receive a hearing in
accordance with section 236, or a determination in accord-
ance with section 235(c) or 273(d).
‘‘(4) In determining whether an alien has been or-
dered specially excluded, the court’s inquiry shall be lim-
ited to whether such an order was in fact issued and
whether it relates to the petitioner.’’.
(b) PRECLUSION OF COLLATERAL ATTACKS.—Sec-
tion 235 of such Act (8 U.S.C. 1225) is amended by add-
ing 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-
tions 275 and 276, no court shall have jurisdiction to hear
claims collaterally attacking the validity of orders of exclu-
sion, special exclusion, or deportation entered under this
section or sections 236 and 242.’’.
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 add-
ing 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-
104
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 Attor-
ney General under chapter 4. In the case of such an alien
the Attorney General shall provide by regulation an oppor-
tunity for the alien to establish that the alien was so ad-
mitted.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (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 the Attor-
ney 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
105
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 incapaci-
tated; or
‘‘(II) for criminal law enforcement
purposes against the alien whose applica-
tion is to be disclosed if the alleged crimi-
nal activity occurred after the legalization
application was filed and such activity in-
volves terrorist activity or poses either an
immediate risk to life or to national secu-
rity, or would be prosecutable as an aggra-
vated felony, but without regard to the
length of sentence that could be imposed
on the applicant’’.
(b) SPECIAL AGRICULTURAL WORKER PROGRAM.—
Section 210(b) of such Act (8 U.S.C. 1160(b)) is amend-
ed—
(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