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House bill on Anti- Terrorism
104th Congress H. R. 1710 As Introduced in the House
Note: This document is the unofficial version of a Bill or Resolution.
The printed Bill and Resolution produced by the Government Printing
Office is the only official version.
VERSION As Introduced in the House
CONGRESS 104th CONGRESS
1st Session
BILL H. R. 1710
TITLE To combat terrorism.
--------------------
IN THE HOUSE OF REPRESENTATIVES
MAY 25, 1995
Mr. Hyde (for himself, Mr. McCollum, Mr. Smith of Texas, Mr. Gekas,
Mr. Canady of Florida, Mr. Hoke, and Mr. Bono) introduced the
following bill; which was referred to the Committee on the
Judiciary
--------------------
TEXT A BILL
To combat terrorism.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Comprehensive Antiterrorism Act of
1995`.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I - NEW OFFENSES
Sec. 101. Protection of Federal employees.
Sec. 102. Providing financial support to terrorist organizations.
Sec. 103. Modification of material support provision.
Sec. 104. Acts of terrorism transcending national boundaries.
Sec. 105. Conspiracy to harm people and property overseas.
Sec. 106. Clarification and extension of criminal jurisdiction over
certain terrorism offenses overseas.
Sec. 107. Expansion and modification of weapons of mass destruction
statute.
Sec. 108. Addition of terrorism offenses to the money laundering
statute.
Sec. 109. Expansion of Federal jurisdiction over bomb threats.
Sec. 110. Clarification of maritime violence jurisdiction.
Sec. 111. Possession of stolen explosives prohibited.
TITLE II - INCREASED PENALTIES
Sec. 201. Mandatory minimum for certain explosives offenses.
Sec. 202. Increased penalty for explosive conspiracies.
Sec. 203. Increased and alternate conspiracy penalties for
terrorism offenses.
Sec. 204. Mandatory penalty for transferring a firearm knowing that
it will be used to commit a crime of violence.
Sec. 205. Mandatory penalty for transferring an explosive material
knowing that it will be used to commit a crime of
violence.
Sec. 206. Directions to sentencing commission.
TITLE III - INVESTIGATIVE TOOLS
Sec. 301. Interceptions of communications.
Sec. 302. Pen registers and trap and trace devices in foreign
counterintelligence investigations.
Sec. 303. Disclosure of information and consumer reports to Federal
Bureau of Investigation for foreign
counterintelligence purposes.
Sec. 304. Access to records of common carriers, public
accommodation facilities, physical storage facilities
and vehicle rental facilities in foreign
counterintelligence and counterterrorism cases.
Sec. 305. Study of tagging explosive materials, rendering explosive
components inert, and imposing controls of precursors
of explosives.
Sec. 306. Limitation of statutory exclusionary rule concerning
intercepted wire or oral communications.
Sec. 307. Authority for wiretaps in any terrorism-related or
explosives felony.
Sec. 308. Temporary emergency wiretap authority involving
terroristic crimes.
Sec. 309. Expanded authority for multi-point wiretaps.
Sec. 310. Enhanced access to telephone billing records.
Sec. 311. Requirement to preserve evidence.
Sec. 312. Military assistance with respect to offenses involving
weapons of mass destruction.
Sec. 313. Detention hearing.
Sec. 314. Reward authority of the Attorney General.
Sec. 315. Definition of terrorism.
TITLE IV - NUCLEAR MATERIALS
Sec. 401. Expansion of nuclear materials prohibitions.
TITLE V - CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES
Sec. 501. Definitions.
Sec. 502. Requirement of detection agents for plastic explosives.
Sec. 503. Criminal sanctions.
Sec. 504. Exceptions.
Sec. 505. Investigative authority.
Sec. 506. Effective date.
TITLE VI - IMMIGRATION-RELATED PROVISIONS
SUBTITLE A - REMOVAL OF ALIEN TERRORISTS
PART 1 - Removal Procedures for
Alien Terrorists
Sec. 601. Removal procedures for alien terrorists.
Sec. 602. Funding for detention and deportation of alien
terrorists.
PART 2 - Exclusion and Denial of
Asylum for Alien Terrorists
Sec. 611. Membership in terrorist organization as ground for
exclusion.
Sec. 612. Denial of asylum to alien terrorists.
Sec. 613. Denial of other relief for alien terrorists.
SUBTITLE B - EXPEDITED EXCLUSION
Sec. 621. Inspection and exclusion by immigration officers.
Sec. 622. Judicial review.
Sec. 623. Exclusion of aliens who have not been inspected and
admitted.
SUBTITLE C - IMPROVED INFORMATION AND PROCESSING
PART 1 - Immigration Procedures
Sec. 631. Access to certain confidential INS files through court
order.
Sec. 632. Waiver authority concerning notice of denial of
application for visas.
PART 2 - Asset Forfeiture for
Passport and Visa Offenses
Sec. 641. Criminal forfeiture for passport and visa related
offenses.
Sec. 642. Subpoenas for bank records.
Sec. 643. Effective date.
TITLE VII - FUNDING
Sec. 701. Authorization of appropriations.
Sec. 702. Civil monetary penalty surcharge and telecommunications
carrier compliance payments.
TITLE I - NEW OFFENSES
SEC. 101. PROTECTION OF FEDERAL EMPLOYEES.
(a) Homicide . - Section 1114 of title 18, United States Code,
is amended to read as follows:
`Sec. 1114. Protection of officers and employees of the United
States
`Whoever kills or attempts to kill any officer or employee of the
United States or of any agency in any branch of the United States
Government (including any member of the uniformed services) while
such officer or employee is engaged in or on account of the
performance of official duties, or any person assisting such an
officer or employee in the performance of such duties or on account
of that assistance, shall be punished, in the case of murder, as
provided under section 1111, or in the case of manslaughter, as
provided under section 1112, except that any such person who is
found guilty of attempted murder shall be imprisoned for not more
than 20 years.`.
(b) Threats Against Former Officers and Employees . - Section
115(a)(2) of title 18, United States Code, is amended by inserting
`, or threatens to assault, kidnap, or murder, any person who
formerly served as a person designated in paragraph (1), or` after
`assaults, kidnaps, or murders, or attempts to kidnap or murder`.
SEC. 102. PROVIDING FINANCIAL SUPPORT TO TERRORIST ORGANIZATIONS.
(a) In General . - That chapter 113B of title 18, United States
Code, that relates to terrorism is amended by adding at the end the
following:
`Sec. 2339B. Providing financial support to terrorist organizations
`(a) Offense . - Whoever, within the United States, knowingly
provides material support or resources in or affecting interstate
or foreign commerce, to any organiza- tion designated by the
President under section 212(a)(3)(B)(iv) of the Immigration and
Nationality Act as a terrorist organization shall be fined under
this title or imprisoned not more than 10 years, or both.
`(b) Definition . - As used in this section, the term `material
support or resources` has the meaning given that term in section
2339A of this title.`.
(b) Clerical Amendment . - The table of sections at the
beginning of chapter 113B of title 18, United States Code, is
amended by adding at the end the following new item:
`2339B. Providing financial support to terrorist organizations.`.
SEC. 103. MODIFICATION OF MATERIAL SUPPORT PROVISION.
Section 2339A of title 18, United States Code, is amended read as
follows:
`Sec. 2339A. Providing material support to terrorists
`(a) Offense . - Whoever, within the United States, provides
material support or resources or conceals or disguises the nature,
location, source, or ownership of material support or resources,
knowing or intending that they are to be used in preparation for or
in carrying out, a violation of section 32, 37, 351, 844(f) or (i),
956, 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, 2332a,
or 2332b of this title or section 46502 of title 49, or in
preparation for or in carrying out the concealment or an escape
from the commission of any such violation, shall be fined under
this title, imprisoned not more than ten years, or both.`.
`(b) Definition . - In this section, the term `material support
or resources` means currency or other financial securities,
financial services, lodging, training, safehouses, false
documentation or identification, communications equipment,
facilities, weapons, lethal substances, explosives, personnel,
transportation, and other physical assets.`.
SEC. 104. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.
(a) Offense . - Title 18, United States Code, is amended by
inserting after section 2332a the following:
`Sec. 2332b. Acts of terrorism transcending national boundaries
`(a) Prohibited Acts . -
`(1) Whoever, involving any conduct transcending national
boundaries and in a circumstance described in subsection (b) -
`(A) kills, kidnaps, maims, commits an assault resulting
in serious bodily injury, or assaults with a dangerous
weapon any individual within the United States; or
`(B) creates a substantial risk of serious bodily injury
to any other person by destroying or damaging any
structure, conveyance, or other real or personal property
within the United States;
in violation of the laws of any State or the United States
shall be punished as prescribed in subsection ©.
`(2) Whoever threatens to commit an offense under paragraph
(1), or attempts or conspires to do so, shall be punished as
prescribed in subsection ©.
`(b) Jurisdictional Bases . - The circumstances referred to in
subsection (a) are -
`(1) any of the offenders travels in, or uses the mail or any
facility of, interstate or foreign commerce in furtherance of
the offense or to escape apprehension after the commission of
the offense;
`(2) the offense obstructs, delays, or affects interstate or
foreign commerce, or would have so obstructed, delayed, or
affected interstate or foreign commerce if the offense had been
consummated;
`(3) the victim, or intended victim, is the United States
Government or any official, officer, employee, or agent of the
legislative, executive, or judicial branches, or of any
department or agency, of the United States;
`(4) the structure, conveyance, or other real or personal
property is, in whole or in part, owned, possessed, used by, or
leased to the United States, or any department or agency
thereof;
`(5) the offense is committed in the territorial sea
(including the airspace above and the seabed and subsoil below,
and artificial islands and fixed structures erected thereon) of
the United States; or
`(6) the offense is committed in those places within the
United States that are in the special maritime and territorial
jurisdiction of the United States.
Jurisdiction shall exist over all principals and co-conspirators of
an offense under this section, and accessories after the fact to
any offense under this section, if at least one of such
circumstances is applicable to at least one offender.
`© Penalties . -
`(1) Whoever violates this section shall be punished -
`(A) for a killing or if death results to any person from
any other conduct prohibited by this section by death, or
by imprisonment for any term of years or for life;
`(B) for kidnapping, by imprisonment for any term of
years or for life;
`(C) for maiming, by imprisonment for not more than 35
years;
`(D) for assault with a dangerous weapon or assault
resulting in serious bodily injury, by imprisonment for not
more than 30 years;
`(E) for destroying or damaging any structure,
conveyance, or other real or personal property, by
imprisonment for not more than 25 years;
`(F) for attempting or conspiring to commit an offense,
for any term of years up to the maximum punishment that
would have applied had the offense been completed; and
`(G) for threatening to commit an offense under this
section, by imprisonment for not more than 10 years.
`(2) Notwithstanding any other provision of law, the court
shall not place on probation any person convicted of a
violation of this section; nor shall the term of imprisonment
imposed under this section run concurrently with any other term
of imprisonment.
`(d) Limitation on Prosecution . - No indictment shall be sought
nor any information filed for any offense described in this section
until the Attorney General, or the highest ranking subordinate of
the Attorney General with responsibility for criminal prosecutions,
makes a written certification that, in the judgment of the
certifying official, such offense, or any activity preparatory to
or meant to conceal its commission, is terrorism, as defined in
section 2331 of this title.
`(e) Proof Requirements . -
`(1) The prosecution is not required to prove knowledge by
any defendant of a jurisdictional base alleged in the
indictment.
`(2) In a prosecution under this section that is based upon
the adoption of State law, only the elements of the offense
under State law, and not any provisions pertaining to criminal
procedure or evidence, are adopted.
`(f) Extraterritorial Jurisdiction . - There is extraterritorial
Federal jurisdiction -
`(1) over any offense under subsection (a), including any
threat, attempt, or conspiracy to commit such offense; and
`(2) over conduct which, under section 3 of this title,
renders any person an accessory after the fact to an offense
under subsection (a).
`(g) Definitions . - As used in this section -
`(1) the term `conduct transcending national boundaries`
means conduct occurring in another country in addition to the
conduct occurring in the United States;
`(2) the term `facility of interstate or foreign commerce`
has the meaning given that term in section 1958(b)(2) of this
title;
`(3) the term `serious bodily injury` has the meaning
prescribed in section 1365(g)(3) of this title; and
`(4) the term `territorial sea of the United States` means
all waters extending seaward to 12 nautical miles from the
baselines of the United States determined in accordance with
international law.`.
(b) Clerical Amendment . - The table of sections at the
beginning of the chapter 113B of title 18, United States Code, that
relates to terrorism is amended by inserting after the item
relating to section 2332a the following new item:
`2332b. Acts of terrorism transcending national boundaries.`
© Statute of Limitations Amendment . - Section 3286 of title
18, United States Code, is amended by -
(1) striking `any offense` and inserting `any non-capital
offense`;
(2) striking `36` and inserting `37`;
(3) striking `2331` and inserting `2332`;
(4) striking `2339` and inserting `2332a`; and
(5) inserting `2332b (acts of terrorism transcending national
boundaries),` after `(use of weapons of mass destruction),`.
(d) Presumptive Detention . - Section 3142(e) of title 18,
United States Code, is amended by inserting `, 956(a), or 2332b`
after `section 924©`.
SEC. 105. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS.
(a) In General . - Section 956 of chapter 45 of title 18, United
States Code, is amended to read as follows:
`Sec. 956. Conspiracy to kill, kidnap, maim, or injure persons or
damage property in a foreign country
`(a)(1) Whoever, within the jurisdiction of the United States,
conspires with one or more other persons, regardless of where such
other person or persons are located, to commit at any place outside
the United States an act that would constitute the offense of
murder, kidnapping, or maiming if committed in the special maritime
and territorial jurisdiction of the United States shall, if any of
the conspirators commits an act within the jurisdiction of the
United States to effect any object of the conspiracy, be punished
as provided in subsection (a)(2).
`(2) The punishment for an offense under subsection (a)(1) of
this section is -
`(A) imprisonment for any term of years or for life if the
offense is conspiracy to murder or kidnap; and
`(B) imprisonment for not more than 35 years if the offense
is conspiracy to maim.
`(b) Whoever, within the jurisdiction of the United States,
conspires with one or more persons, regardless of where such other
person or persons are located, to damage or destroy specific
property situated within a foreign country and belonging to a
foreign government or to any political subdivision thereof with
which the United States is at peace, or any railroad, canal,
bridge, airport, airfield, or other public utility, public
conveyance, or public structure, or any religious, educational, or
cultural property so situated, shall, if any of the conspirators
commits an act within the jurisdiction of the United States to
effect any object of the conspiracy, be imprisoned not more than 25
years.`.
(b) Clerical Amendment . - The 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 following:
`(3) 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)).`.
(b) Destruction of Aircraft or Aircraft Facilities . - 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 following:
`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 aircraft; 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 prescribed in section
101(a)(22) of the Immigration and Nationality Act.`.
© 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 Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).`; and
(2) in subsection ©, by striking the first sentence and
inserting the following: `If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise jurisdiction
over the offense if (1) the victim is a representative,
officer, employee, or agent of the United States, (2) an
offender is a national of the United States, or (3) an offender
is afterwards found in the United States.`.
(d) Protection of Foreign Officials and Certain Other Persons .
- Section 112 of title 18, United States Code, is amended -
(1) in subsection ©, by inserting `national of the United
States,` before `and`; and
(2) in subsection (e), by striking the first sentence and
inserting the following: `If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise jurisdiction
over the offense if (1) the victim is a representative,
officer, employee, or agent of the United States, (2) an
offender is a national of the United States, or (3) an offender
is afterwards found in the United States.`.
(e) Threats and Extortion Against Foreign Officials and Certain
Other Persons . - Section 878 of title 18, United States Code, is
amended -
(1) in subsection ©, by inserting `national of the United
States,` before `and`; and
(2) in subsection (d), by striking the first sentence and
inserting the following: `If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise jurisdiction
over the offense if (1) the victim is a representative,
officer, employee, or agent of the United States, (2) an
offender is a national of the United States, or (3) an offender
is afterwards found in the United States.`.
(f) Kidnapping of Internationally Protected Persons . - Section
1201(e) of title 18, United States Code, is amended -
(1) by striking the first sentence and inserting the
following: `If the victim of an offense under subsection (a) is
an internationally protected person outside the United States,
the United States may exercise jurisdiction over the offense if
(1) the victim is a representative, officer, employee, or agent
of the United States, (2) an offender is a national of the
United States, or (3) an offender is afterwards found in the
United States.`; and
(2) by adding at the end the following: `For purposes of this
subsection, the term `national of the United States` has the
meaning 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 victim is a
national of the United States (as defined in section 101(a)(22)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)))`
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 paragraph (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 authority` after `A
person who`;
(B) by inserting `threatens,` before `attempts 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 commerce` before the semicolon at the end of
paragraph (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 release, dissemination,
or impact of toxic or poisonous chemicals, or their
precursors;`;
(3) by redesignating subsection (b) as subsection ©; and
(4) by inserting after subsection (a) the following 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©(7)(B)(ii) of title 18, United States Code, is amended by
striking `or extortion;` and inserting `extortion, murder, or
destruction of property by means of explosive or fire;`.
(b) Specific Offenses . - Section 1956©(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 international airports), section
115 (relating to influencing, impeding, or retaliating against
a Federal official by threatening or injuring a family
member),`;
(2) by inserting after `section 215 (relating to commissions
or gifts for procuring loans),` the following: `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 destruction 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 following: `section 1111 (relating
to murder), section 1114 (relating to protection of officers
and employees of the United States), section 1116 (relating to
murder of foreign officials, official guests, or
internationally protected persons),`;
(6) by inserting after `section 1203 (relating to hostage
taking)` the following: `section 1361 (relating to willful
injury of Government property), section 1363 (relating to
destruction of property within the special maritime and
territorial jurisdiction),`;
(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: `section 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 destruction), section 2332b (relating to international
terrorist acts transcending national boundaries), 2339A
(relating to providing material support to terrorists) of this
title, section 46502 of title 49, United States Code,`.
SEC. 109. EXPANSION OF FEDERAL JURISDICTION OVER BOMB THREATS.
Section 844(e) of title 18, United States Code, is amended by
striking `commerce,` and inserting `interstate or foreign commerce,
or in or affecting interstate or foreign commerce,`
SEC. 110. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION.
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 PROHIBITED.
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 transported in, interstate or foreign
commerce, either before or after such materials were stolen,
knowing or having reasonable cause to believe that the explosive
materials were stolen.`.
TITLE II - INCREASED PENALTIES
SEC. 201. MANDATORY MINIMUM FOR CERTAIN EXPLOSIVES 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, possessed, 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 imprisonment 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 CONSPIRACIES.
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 conspiracy.`.
SEC. 203. INCREASED AND ALTERNATE CONSPIRACY PENALTIES 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 `attempts`.
(2) Section 115(b)(2) of title 18, United States Code, is
amended by striking `or attempted kidnapping` both places it
appears and inserting `, attempted 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 conspiracy to murder`.
(B) Section 115(b)(3) of title 18, United States Code, is
amended by striking `and 1113` and inserting `, 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 conspiring` 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 © on a
transferee for a first conviction for the use or carrying of
the firearm.`.
SEC. 205. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE MATERIAL
KNOWING THAT IT WILL BE USED TO COMMIT A CRIME OF
VIOLENCE.
Section 844 of title 18, United States Code, is amended by adding
at the end the following:
`(n) Whoever knowingly transfers any explosive materials, 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©(3) of this title) or drug trafficking crime (as defined in
section 924©(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
materials.`.
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 subparagraph (n);
(2) by redesignating subparagraph (o) as subparagraph (q);
(3) by inserting after paragraph (n) the following:
`(o) any violation of section 842 (relating to explosives
violations), section 956 or section 960 (relating to certain
actions against foreign nations), section 1114 (relating to
protection of officers and employees of the United States),
section 1116 (relating to murder of foreign officials, official
guests, or internationally protected persons), section 1751
(relating to Presidential assassination), section 2332
(relating to terrorist acts abroad), section 2332a (relating to
weapons of mass destruction, section 2332b (relating to acts of
terrorism transcending national boundaries), section 2339A
(relating to providing material support to terrorists), section
37 (relating to violence at international airports) of title
18, United States Code, or;
`(p) any violation of section 46502 of title 49, United
States Code; and`.
(b) Reports Concerning Intercepted Communications . - 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 attorney 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 INVESTIGATIONS.
(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 counterintelligence` 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 INVESTIGATION FOR FOREIGN
COUNTERINTELLIGENCE PURPOSES.
(a) In General . - Chapter 33 of title 28, United States Code,
is amended by adding at the end the following:
`Sec. 540B. Disclosures for counterintelligence purposes
`(a) Identity of Financial Institutions . - Notwithstanding any
provision of the Fair Credit Reporting Act, a consumer reporting
agency shall furnish to the Federal Bureau of Investigation the
names and addresses of all financial institutions (as that term is
defined in section 1101 of the Right to Financial Privacy Act of
1978) at which a consumer maintains or has maintained an account,
to the extent that information is in the files of the agency, 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 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 for the conduct of an
authorized foreign counterintelligence investigation; and
`(2) there are specific and articulable facts giving reason
to believe that the consumer -
`(A) is a foreign power (as defined in section 101 of the
Foreign Intelligence Surveillance Act of 1978) or a person
who is not a United States person (as defined in such
section 101) and is an official of a foreign power; or
`(B) is an agent of a foreign power and is engaging or
has engaged in international terrorism (as that term is
defined in section 101© 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 information 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 Director or the
Director`s designee, which certifies compliance 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 conduct of an
authorized foreign counterintelligence investigation; and
`(2) there is information giving reason to believe that the
consumer has been, or is about to be, in contact with a foreign
power or an agent of a foreign power (as defined in section 101
of the Foreign Intelligence Surveillance Act of 1978).
`© Court Order for Disclosure of Consumer Reports . -
Notwithstanding any provision of the Fair Credit Reporting Act, if
requested in writing by the Director of the Federal Bureau of
Investigation, or a designee of the Director, a court may issue an
order ex parte directing a consumer reporting agency to furnish a
consumer report to the Federal Bureau of Investigation, upon a
showing in camera that -
`(1) the consumer report is necessary for the conduct of an
authorized foreign counterintelligence investigation; and
`(2) there are specific and articulable facts giving 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 international
terrorism (as that term is defined in section 2331 of this
title) or clandestine intelligence 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 reporting 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 information to the Federal Bureau of
Investigation under
this section, that the Federal Bureau of Investigation has sought
or obtained the identity of financial institutions or a consumer
report respecting any consumer under subsection (a), (b), or ©
and no consumer reporting agency or officer, employee, or agent of
a consumer reporting agency shall include in any consumer report
any information that would indicate that the Federal Bureau of
Investigation has sought or obtained such information or a consumer
report.
`(e) Payment of Fees . - The Federal Bureau of Investigation
shall, subject to the availability of appropriations, pay to the
consumer reporting agency assembling or providing reports or
information in accordance with procedures established under this
section, a fee for reimbursement for such costs as are reasonably
necessary and which have been directly incurred in searching,
reproducing, or transporting books, papers, records, or other data
required or requested to be produced under this section.
`(f) Limit on Dissemination . - The Federal Bureau of
Investigation may not disseminate information obtained pursuant to
this section outside of the Federal Bureau of Investigation, except
to the Department of Justice as may be necessary for the approval
or conduct of a foreign counterintelligence investigation, or,
where the information concerns a person subject to the Uniform Code
of Military Justice, to appropriate investigative authorities
within the military department concerned as may be necessary for
the conduct of a joint foreign counterintelligence investigation.
`(g) Rules of Construction . - Nothing in this section shall be
construed to prohibit information from being furnished by the
Federal Bureau of Investigation pursuant to a subpoena or court
order, or in connection with a judicial or administrative
proceeding to enforce the provisions of this Act. Nothing in this
section shall be construed to authorize or permit the withholding
or information 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 © during the
preceding year.
`(i) Damages . - Any agency or department of the United States
obtaining or disclosing any consumer reports, records, or
information contained therein in violation of this section is
liable to the consumer to whom such consumer reports, records, or
information relate in an amount equal to the sum of -
`(1) $100, without regard to the volume of consumer reports,
records, or information involved;
`(2) any actual damages sustained by the consumer as a result
of the disclosure;
`(3) if the violation is found to have been willful or
intentional, such punitive damages as a court may allow; and
`(4) in the case of any successful action to enforce
liability under this subsection, the costs of the action,
together with reasonable attorney fees, as determined by the
court.
`(j) Disciplinary Actions for Violations . - If a court
determines that any agency or department of the United States has
violated any provision of this section and the court finds that the
circumstances surrounding the violation raise questions of whether
or not an officer or employee of the agency or department acted
willfully or intentionally with respect to the violation, the
agency or department shall promptly initiate a proceeding to
determine whether or not disciplinary action is warranted against
the officer or employee who was responsible for the violation.
`(k) Good-Faith Exception . - Notwithstanding any other
provision of the Fair Credit Reporting Act, any consumer reporting
agency or agent or employee thereof making disclosure of consumer
reports or identifying information pursuant to this subsection in
good-faith reliance upon a certification of the Federal Bureau of
Investigation pursuant to provisions of this section shall not be
liable to any person for such disclosure under 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 remedies 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 Reporting 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, PHYSICAL STORAGE FACILITIES
AND VEHICLE RENTAL FACILITIES IN FOREIGN
COUNTERINTELLIGENCE 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.
`Sec. 2720. Access to records of common carriers, public
accommodation facilities, physical storage facilities,
and vehicle rental facilities in counterintelligence
and counterterrorism cases
`(a) Any common carrier, public accommodation facility, 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 person 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 subsection, 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, physical storage facility,
or vehicle rental facility necessary to fulfill the requirement to
disclose the information to the Federal Bureau of Investigation
under this section,
`(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 prohibition during that period is necessary to
the success of an ongoing investigation.
`© As used in this section -
`(1) the term `common carrier` has the meaning 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 objects;
`(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 following new item:
`122. Access to certain records 2729`.
SEC. 305. STUDY OF TAGGING EXPLOSIVE MATERIALS, RENDERING 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 concerning -
(1) the tagging of explosive materials for purposes of
detection and identification;
(2) whether common chemicals used to manufacture 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 General 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 derived therefrom, unless the violation
of this chapter involved bad faith by law enforcement.`
SEC. 307. AUTHORITY FOR WIRETAPS IN ANY TERRORISM-RELATED OR
EXPLOSIVES FELONY.
(a) Definition of `electronic communication` . - 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 subparagraph ©; and
(3) by adding a new subparagraph (D), as follows:
`(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 subparagraph (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 following:
`(iii) conspiratorial activities involving domestic
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 paragraph (18) and
inserting `; and`; and
(3) by inserting after paragraph (18) the following:
`(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 facilities from which
or the place where the communication is to be intercepted to do not
apply if, in the case of an application with respect to the
interception of oral, wire, or electronic communications -
`(a) the application is by a Federal investigative or law
enforcement officer, and is approved by the Attorney General,
the Deputy Attorney General, the Associate Attorney General, or
an Assistant Attorney General (or an official acting in any
such capacity);
`(b) the application contains a full and complete statement
as to why such specification is not practical and identifies
the person committing the offense and whose communications are
to be intercepted; and
`© 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 paragraph (2) and
inserting `; and`; and
(4) by adding at the end a new paragraph (3), as follows:
`(3) request the name, address, length of service, 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 Assistant 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 investigation.`.
(b) Section 2703 . - Section 2703©(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 governmental entity, shall take all necessary
steps to preserve records, and other evidence in its possession
pending the issuance of a court order or other process. Such
records shall be retained for a period of 90 days, which period
shall be extended for an additional 90-day period upon a renewed
request by the governmental entity.`
SEC. 312. MILITARY ASSISTANCE WITH RESPECT TO OFFENSES INVOLVING
WEAPONS OF MASS DESTRUCTION.
(a) Request for Assistance . - The Attorney General may request
the Secretary of Defense to provide technical and logistical
assistance by civilian and military personnel of the Department of
Defense in support of Department 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.
© Assistance to Exclude Arrest or Apprehension . - 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 assistance under this
section.
(e) Delegation . - The Attorney General may delegate a function
under this section only to a Deputy Attorney General, Associate
Attorney General, or Assistant Attorney 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 GENERAL.
(a) In General . - Title 18, United States Code, is amended by
striking sections 3059 through 3059A and inserting the following:
`Sec. 3059 Reward authority of the Attorney General
`(a) The Attorney General may pay rewards and receive from any
department or agency, funds for the payment of rewards under this
section, to any individual who 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,.
`© 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 entity 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 Attorney General, participate in the Attorney
General`s witness 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.`.
© Conforming Amendment . - Section 1751 of title 18, United
States Code, is amended by striking subsection (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 following:
`(2) the term `international terrorism` means terrorism that
occurs primarily outside the territorial jurisdiction of the
United States, or transcends national boundaries in terms of
the means by which it is accomplished, the persons it appears
intended 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), respectively.
TITLE IV - NUCLEAR MATERIALS
SEC. 401. EXPANSION OF NUCLEAR MATERIALS PROHIBITIONS.
(a) Expansion of Scope and Jurisdictional Bases . - Section 831
of title 18, United States Code, is amended -
(1) in subsection (a), by striking `nuclear material` 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 follows:
`(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 ©(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 ©(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 ©(3);
(8) in subsection ©(4), by striking `nuclear material for
peaceful purposes` and inserting `nuclear material or nuclear
byproduct material`;
(9) by striking the period at the end of subsection ©(4)
and inserting `; or`;
(10) by adding at the end of subsection © the following:
`(5) the governmental entity under subsection (a)(5) is the
United States or the threat under subsection (a)(6) is directed
at the United States.`;
(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 `enriched uranium,
defined as` before `uranium`;
(13) in subsection (f), by redesignating paragraphs (2), (3),
and (4) as (3), (4), and (5), respectively;
(14) by inserting after subsection (f)(1) the following:
`(2) the term `nuclear byproduct material` means any material
containing any radioactive isotope created through an
irradiation process in the operation of a nuclear reactor or
accelerator;`;
(15) by striking `and` at the end of subsection (f)(4), as
redesignated;
(16) by striking the period at the end of subsection (f)(5),
as redesignated, and inserting a semicolon; 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 EXPLOSIVES
SEC. 501. DEFINITIONS.
Section 841 of title 18, United States Code, is amended by adding
at the end the following new subsections:
`(o) `Convention on the Marking of Plastic Explosives` means the
Convention on the Marking of Plastic Explosives for the Purpose of
Detection, Done at Montreal on 1 March 1991.
`(p) `Detection agent` means any one of the substances specified
in this subsection when introduced into a plastic explosive or
formulated in such explosive as a part of the manufacturing process
in such a manner as to achieve homogeneous distribution in the
finished explosive, including -
`(1) Ethylene glycol dinitrate (EGDN), C 2 H 4 (NO 3 )
2 , molecular weight 152, when the minimum concentration in the
finished explosive is 0.2 percent by mass;
`(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), C 6 H 12 (NO
2 ) 2 , molecular weight 176, when the minimum concentration in
the finished explosive is 0.1 percent by mass;
`(3) Para-Mononitrotoluene (p-MNT), C 7 H 7 NO 2 ,
molecular weight 137, when the minimum concentration in the
finished explosive is 0.5 percent by mass;
`(4) Ortho-Mononitrotoluene (o-MNT), C 7 H 7 NO 2 ,
molecular weight 137, when the minimum concentration in the
finished explosive is 0.5 percent by mass; and
`(5) any other substance in the concentration specified by
the Secretary, after consultation with the Secretary of State
and the Secretary of Defense, which has been added to the table
in part 2 of the Technical Annex to the Convention on the
Marking of Plastic Explosives.
`(q) `Plastic explosive` means an explosive material in flexible
or elastic sheet form formulated with one or more high explosives
which in their pure form have a vapor pressure less than 10- 4 Pa
at a temperature of 25 C., is formulated with a binder material,
and is as a mixture malleable or flexible at normal room
temperature.`.
SEC. 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:
`(l) It shall be unlawful for any person to manufacture any
plastic explosive which does not contain a detection agent.
`(m)(1) it shall be unlawful for any person to import or bring
into the United States, or export from the United States, any
plastic explosive which does not contain a detection agent.
`(2) During the 15-year period that begins with 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 importation or bringing into the United States, or the
exportation from the United States, of any plastic explosive which
was imported, brought into, or manufactured in the United States
before the effective date of this subsection by or on behalf of any
agency of the United States performing military or police functions
(including any military Reserve component) or by or on behalf of
the National Guard of any State.
`(n)(1) It shall be unlawful for any person to ship, transport,
transfer, receive, or possess any plastic explosive which does not
contain a detection agent.
`(2)(A) During the 3-year period that begins on the effective
date of this subsection, paragraph (1) shall not apply to the
shipment, transportation, transfer, receipt, or 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, transportation, transfer, receipt, or possession of
any plastic explosive, which was imported, brought into, or
manufactured in the United States before the effective date of this
subsection by or on behalf of any agency of the United States
performing a military or police function (including any military
reserve component) or by or on behalf of the National Guard of any
State.
`(o) It shall be unlawful for any person, other than an agency of
the United States (including any military reserve component) or the
National Guard of any State, possessing any plastic explosive on
the effective date of 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 importer, any marks of identification on such
explosives, and such other information as the Secretary may by
regulations 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 `subsections`;
(2) in subsection (a)(1), by inserting `and which pertains to
safety` before the semicolon; and
(3) by adding at the end the following:
`© It is an affirmative defense against any proceeding
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 explosive
intended for and utilized solely in lawful -
`(A) research, development, or testing of new or modified
explosive materials;
`(B) training in explosives detection or development or
testing of explosives detection equipment; or
`(C) forensic science purposes; or
`(2) was plastic explosive which, within 3 years after the
effective date of this paragraph, will be or is incorporated in
a military device within the territory of the United States and
remains an integral part of such military device, or is
intended to be, or is incorporated in, and remains an integral
part of a military device that is intended to become, or has
become, the property of any agency of the United States
performing military or police functions (including any military
reserve component) or the National Guard of any State, wherever
such device is located. For purposes of this subsection, the
term `military device` includes shells, bombs, projectiles,
mines, missiles, rockets, shaped charges, grenades,
perforators, and similar devices lawfully manufactured
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 section 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
Secretary may assist the Attorney General in such
investigations.`.
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 contents 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 Classified Information
Procedures Act (18 U.S.C. App.).
`(3) The term `national security` has the meaning 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 attorney 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 INFORMATION
`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 subsection (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.
`© 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© of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803©) 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 Attorneys . - 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 resident 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 Attorney General has
classified information that an alien is an alien terrorist, the
Attorney General, in the Attorney General`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 application based upon a
finding by that individual that the application satisfies the
criteria and requirements of this title.
`(3) The identity of the alien for whom authorization for the
special removal proceedings is sought.
`(4) A statement of the facts and circumstances 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 deportation of aliens
would pose a risk to the national security of the United
States.
`(5) An oath or affirmation respecting each of facts and
statements described in the previous paragraphs.
`© Right to Dismiss . - The Department of Justice 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 application
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 consider other information, including
classified information, presented under oath or affirmation. The
judge shall consider 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 information (if any), that there
is probable cause to believe that -
`(1) the alien who is the subject of the application has been
correctly identified and is an alien terrorist, and
`(2) adherence to the provisions of title II regarding the
deportation of the identified alien would pose a risk to the
national security of the United States.
`© 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 expeditiously 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.
`© 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 represented by counsel. Any
alien financially unable to obtain counsel shall be entitled to
have counsel assigned to represent the alien. Such counsel shall
be appointed by the judge pursuant to the plan for furnishing
representation for any person financially unable to obtain adequate
representation for the district 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 felony 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 reasonable opportunity to
examine the evidence against the alien and to cross-examine any
witness.
`(5) Record . - A verbatim record of the proceedings and of
all testimony and evidence offered or produced at such a hearing
shall be kept.
`(6) Decision based on evidence at hearing . - 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 section 243(h).
`(C) Suspension of deportation under section 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 conclusion 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
presence of the witness is necessary for the determination 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 permission to introduce, in camera and ex
parte pursuant to subsection (e) and section 506, and the
Department of Justice shall be given a reasonable opportunity to
oppose the issuance of such a subpoena.
`(2) Payment for attendance . - If an application 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 information . - Nothing in this
subsection is intended to allow an alien to have access to
classified information.
`(e) Introduction of Classified Information . -
`(1) In general . - When classified information has been
summarized pursuant to section 506(b) or where a finding has been
made under section 506(b)(5) that no summary is possible,
classified information shall be introduced (either in writing or
through testimony) in camera and ex parte and neither the alien nor
the public shall be informed of such evidence or its sources other
than through reference to the summary provided pursuant to such
section. Notwithstanding the previous sentence, the Department of
Justice may, in its discretion and, in the case of classified
information, after coordination with the originating agency, elect
to introduce such evidence in open session.
`(2) Treatment of electronic surveillance information . -
`(A) Use of electronic surveillance . - The Government
is authorized to use in a special removal proceedings the fruits of
electronic surveillance and unconsented physical searches
authorized under the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.) without regard to subsections ©, (e),
(f), (g), and (h) of section 106 of that Act.
`(B) No discovery of electronic surveillance 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 Intelligence Surveillance
Act of 1978 or otherwise for national security purposes. Nor shall
such alien have the right to seek suppression of evidence.
`(C) Certain procedures not applicable . - The
provisions and requirements of section 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 privileges ordinarily available to the United States
to protect against the disclosure of classified information,
including the invocation of the military and state secrets
privileges.
`(f) Inclusion of Certain Evidence . - The Federal 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, include all or part of the information presented under
section 504 used to obtain the order for the hearing under this
section.
`(g) Arguments . - Following the receipt of evidence, the
attorneys for the Department of Justice and
for the alien shall be given fair opportunity to present argument
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 Department 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 Department of
Justice has the burden of showing by clear and convincing evidence
that the alien is subject to removal because the alien is an alien
terrorist. If the judge finds that the Department of Justice has
met this burden, the judge shall order the alien removed and
detained pending removal from the United States. If the alien was
released pending the 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 information received in camera and ex parte pursuant
to subsection (e) shall not be made available to the alien or the
public.
`CONSIDERATION OF CLASSIFIED INFORMATION
`Sec. 506. (a) Consideration In Camera and Ex Parte . - In any
case in which the application for the order authorizing the special
procedures of this title is approved, the judge who granted the
order shall consider each item of classified information the
Department of Justice proposes to introduce in camera and ex parte
at the special removal hearing and shall order the introduction of
such 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 Justice shall prepare
a written summary of such classified information which does not
pose a risk to national 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 nature of the
evidence that the alien is an alien terrorist, and
`(B) to permit the alien to prepare a defense against
deportation.
The Department of Justice shall cause to be delivered to the
alien a copy of the summary.
`(3) Opportunity for correction and resubmittal . - If the
judge does not approve the summary, the judge shall provide the
Department a reasonable opportunity to correct the deficiencies
identified by the court and to submit a revised summary.
`(4) Conditions for termination of proceedings 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 unless 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 bodily 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 lawfully admitted
for permanent residence, the procedures described in
subsection © shall apply; and
`(B) in all cases the special removal hearing shall
continue, the Department of Justice shall cause to be
delivered to the alien a statement that no summary is
possible, and the classified information submitted in
camera and ex parte may be used pursuant to section 505(e).
`© Special Procedures for Access and Challenges 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 contained in the classified
information.
`(2) Restrictions on disclosure . - A special 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 violation of
subparagraph (A) shall be subject to a fine under title 18,
United States Code, imprisoned for not less than 10 years
or more than 25 years, or both.
`APPEALS
`Sec. 507. (a) Appeals of Denials of Applications for Orders . -
The Department of Justice may seek a review of the denial of an
order sought in an application by the United States Court of
Appeals for the District of Columbia Circuit by notice of appeal
which must be filed within 20 days. In such a case the entire
record of the proceeding shall be transmitted to the Court of
Appeals under seal and the Court of Appeals shall hear the matter
ex parte. In such a case the Court of Appeals shall review
questions of law de novo, but a prior finding on any question of
fact shall not be set aside unless such finding was clearly
erroneous.
`(b) Appeals of Determinations About Summaries of Classified
Information . - Either party may take an interlocutory appeal to
the United States Court of Appeals for the District of Columbia
Circuit of -
`(1) any determination by the judge pursuant to section
506(a) -
`(A) concerning whether an item of evidence may be
introduced in camera and ex parte, or
`(B) concerning the contents of any summary of evidence
to be introduced in camera and ex parte prepared pursuant
to section 506(b); or
`(2) the refusal of the court to make the findings permitted
by section 506(b)(4)(B).
In any interlocutory appeal taken pursuant to this subsection, 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.
`© 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 notice of
appeal.
`(2) Automatic appeals in cases of permanent resident aliens
in which no summary provided . -
`(A) In general . - Unless the alien waives the right to
a review under this paragraph, in any case involving an alien
lawfully admitted for permanent residence who is denied a written
summary of classified information under section 506(b)(4) and the
procedures of section 506© 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©(1) on behalf of the alien.
`(d) General Provisions Relating to Appeals . -
`(1) Notice . - A notice of appeal pursuant to subsection
(b) or © (other than under subsection ©(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 subsection (b) or © -
`(A) the entire record shall be transmitted to the Court
of Appeals, and
`(B) information received pursuant to section 505(e), and
any portion of the judge`s order that would reveal the
substance or source of such information, shall be
transmitted under seal.
`(3) Expedited appellate proceeding . - In an appeal or
review to the Court of Appeals pursuant to subsection (b) or ©:
`(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 uphold 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 review to the Court
of Appeals pursuant to subsection (b) or ©:
`(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 subsection ©(2) in
which an alien lawfully admitted for permanent residence
was denied a written 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 ©, either the alien or the
Department of Justice may petition the Supreme 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 Appeals 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 detention order, penalties for failure to
appear, penalties for an offense committed while on release, and
sanctions for violation of a release condition shall apply to an
alien to whom 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 Columbia 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 punishable by life imprisonment.
`(2) No review of continued detention . - The determinations
and actions of the Attorney General pursuant to section
508©(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 application under section 503 has been filed and,
notwithstanding any other provision of law, may retain such an
alien in custody in accordance with the procedures authorized by
this title.
`(2) Special rules for permanent resident aliens . - An
alien lawfully admitted for permanent residence shall be entitled
to a release hearing before the judge assigned to hear the special
removal hearing. Such an alien shall be detained pending 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 (including 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 submitted in
camera and ex parte in making a determination under this
paragraph.
`(3) Release if denial of order and no review sought . -
`(A) In general . - If a judge of the special removal
court denies the order sought in an application with respect to an
alien and the Department of Justice does not seek review of such
denial, subject to subparagraph (B), the alien shall be released
from custody.
`(B) Application of regular procedures . - 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 removal court
denies the order sought in an application 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
restrictive condition or combination of conditions of release
described in section 3142(b) and clauses (i) through (xiv) of
section 3142©(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 safety
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.
`© Custody and Release After Hearing . -
`(1) Release . -
`(A) In general . - Subject to subparagraph (B), if the
judge decides pursuant to section 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 pursuant to
section 505(i) that an alien shall be removed, the alien shall be
detained pending the outcome of any appeal. After the conclusion
of any judicial review thereof which affirms the removal 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 otherwise 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 removal of the alien to the country so
selected would impair a treaty obligation or adversely affect
United States foreign policy, the Attorney General shall cause the
alien to be transported to any country willing 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 custody. 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 representing 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 pursuant 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 ©(2), the Attorney General may hold in abeyance the
removal of an alien who has been ordered removed pursuant to this
title to allow the trial of such alien on any Federal or State
criminal charge and the service of any sentence of confinement
resulting from such a trial.
`(2) Maintenance of custody . - Pending the commencement of
any service of a sentence of confinement by an alien described in
paragraph (1), such an alien shall remain in the custody of the
Attorney General, unless the Attorney General determines that
temporary release of the alien to the custody of State authorities
for confinement in a State facility is appropriate and would not
endanger national security or public safety.
`(3) Subsequent removal . - Following the completion of a
sentence of confinement by an alien described in paragraph (1) or
following the completion of State criminal proceedings which do not
result in a sentence of confinement of an alien released
to the custody of State authorities pursuant to paragraph (2),
such an alien shall be returned to the custody of the Attorney
General who shall proceed to carry out the provisions of subsection
©(2) concerning 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 pursuant 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
providing representation services therefore. The Attorney 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 Immigration and Nationality Act (8 U.S.C.
1105a(b)) is amended by adding at the end the following sentence:
`Jurisdiction to review an order entered pursuant to the provisions
of section 235© concerning an alien excludable under section
212(a)(3)(B) shall rest exclusively in the United States Court of
Appeals for the District of Columbia Circuit.`.
© 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 paragraph (2) and
inserting `; or`, and
(3) by inserting after paragraph (2) the following new
paragraph:
`(3) who has been excluded from the United States pursuant to
subsection 235© 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
thereafter, without the permission of the Attorney General,
enters the United States or attempts to do so shall be fined
under title 18, United States Code, and imprisoned for a period
of 10 years, which sentence shall not run concurrently with any
other sentence.`.
(d) Elimination of Custody Review by Habeas Corpus . - Section
106(a) of such Act (8 U.S.C. 1105a(a)) is amended -
(1) by adding `and` at the end of paragraph (8),
(2) by striking `; and` at the end of paragraph (9) and
inserting a period, and
(3) by striking paragraph (10).
(e) Effective Date. - The amendments made by this section shall
take effect on the date of the enactment of this Act and shall
apply to all aliens without regard to the date of entry or
attempted entry into the United States.
SEC. 602. FUNDING FOR DETENTION AND DEPORTATION OF ALIEN
TERRORISTS.
In addition to amounts otherwise appropriated, there are
authorized to be appropriated for each fiscal year (beginning with
fiscal year 1996) $5,000,000 to the Immigration and Naturalization
Service for the purpose of detaining 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 Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)) is amended -
(1) in clause (i) -
(A) by striking `or` at the end of subclause (I),
(B) in subclause (II), by inserting `engaged in or` after
`believe,`, and
(C) by inserting after subclause (II) the following:
`(III) is a representative of a terrorist
organization, or
`(IV) is a member of a terrorist organization,`;
and
(2) by adding at the end the following:
`(iv) Terrorist organization defined . -
`(I) Designation by president . - For purposes
of this Act, the term `terrorist organization` means a foreign
organization designated in the Federal Register as a terrorist
organization by the President based upon a finding that the
organization engages in, or has engaged in, terrorist activity that
threatens the national security of the United States.
`(II) Process . - At least 3 days before
designating an organization as a terrorist organization through
publication in the Federal Register, the President shall notify the
Committees on the Judiciary of the House of Representatives and the
Senate of the intent to make such designation and the President`s
findings and basis for designation.
`(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 terrorist 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-designation period), the President may redesignate the
organization in conformity with the requirements of this clause for
designation of the organization.
`(V) Presidential removal authority . - The
President may remove the terrorist organization designation from
any organization previously designated as such an organization, at
any time, so long as the President publishes notice of the removal
in the Federal Register. The President is not required to report to
Congress prior to taking such an action.
`(v) Representative defined . - In this
subparagraph, the term `representative` includes an officer,
official, or spokesman of the organization and any person who
directs, counsels, commands or induces the organization or its
members to engage in terrorist activity. The determination by the
Secretary of State or the Attorney General that an alien is a
representative of a terrorist organization shall be controlling and
shall not be subject to review 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 Immigration 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 enactment of this Act and
apply to asylum determinations made on or after such date.
SEC. 613. DENIAL OF OTHER RELIEF FOR ALIEN TERRORISTS.
(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)`.
© Voluntary Departure . - Section 244(e)(2) of such Act (8
U.S.C. 1254(e)(2)) is amended by inserting `under section
241(a)(4)(B) or` after `who is deportable`.
(d) Adjustment of Status . - Section 245© of such Act (8
U.S.C. 1255©) 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 citizenship`.
(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 determines 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 persecution,
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 interview 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 determines
that the alien does not have a credible fear of persecution, the
officer shall order the alien excluded from the United States
without further hearing or review.
`(II) The Attorney General shall promulgate regulations 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 subparagraph to aliens who
may be eligible. An alien who is eligible for such interview may
consult with a person or persons of the alien`s choosing prior to
the interview or any review thereof, according to regulations
prescribed by the Attorney General. Such consultation shall be at
no expense to the Government and shall not delay the process.
`(v) For purposes of this subparagraph, the term `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 officer` means
an immigration officer who -
`(i) has had professional training in country conditions,
asylum law, and interview techniques; and
`(ii) is supervised by an officer who meets the condition in
clause (i).
`(E)(i) An exclusion order entered in accordance with
subparagraph (A) is not subject to administrative appeal, except
that the Attorney General shall provide by regulation for prompt
review of such an order against an alien who claims under oath, or
as permitted under penalty of perjury under section 1746 of title
28, United States Code, after having been warned of the penalties
for falsely making such claim under such conditions, to have been
lawfully admitted for permanent residence.
`(ii) In any action brought against an alien under section 275(a)
or section 276, the court shall not have jurisdiction to hear any
claim attacking the validity of an order of exclusion entered under
subparagraph (A).
`(2)(A) Except as provided in subparagraph (B), if the examining
immigration officer determines that an alien seeking entry is not
clearly and beyond a doubt entitled to enter, the alien shall be
detained for a hearing before a special inquiry officer.
`(B) The provisions of subparagraph (A) shall not apply -
`(i) to an alien crewman,
`(ii) to an alien described in paragraph (1)(A) or
(1)(C)(iii)(I), or
`(iii) if the conditions described in section 273(d) exist.
`(3) The decision of the examining immigration officer, 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 privilege to enter is so
challenged, before a special inquiry officer for a hearing on
exclusion of the alien.`.
(b) Conforming Amendment . - Section 237(a) of such Act (8
U.S.C. 1227(a)) is amended -
(1) in the second sentence of paragraph (1), by striking
`Deportation` and inserting `Subject to 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`.
© 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 subsection:
`(d)(1) Notwithstanding any other provision of law, and except as
provided in this subsection, no court shall have jurisdiction to
review any individual determination, or to entertain any other
cause or claim, arising from or relating to the implementation or
operation of section 235(b)(1). Regardless of the nature of the
action or claim, or the party or parties bringing the action, no
court shall have jurisdiction or authority to enter declaratory,
injunctive, 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 limited 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 specially excluded
under section 235(b)(1)(A); and
`(C) whether the petitioner can prove by a preponderance 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 Attorney 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 properly 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 accordance with section 235© or 273(d).
`(4) In determining whether an alien has been ordered specially
excluded, the court`s inquiry shall be limited to whether such an
order was in fact issued and whether it relates to the
petitioner.`.
(b) Preclusion of Collateral Attacks . - Section 235 of such Act
(8 U.S.C. 1225) is amended by adding at the end the following new
subsection:
`(d) In any action brought for the assessment of penalties for
improper entry or re-entry of an alien under sections 275 and 276,
no court shall have jurisdiction to hear claims collaterally
attacking the validity of orders of exclusion, special exclusion,
or deportation entered under this section or sections 236 and
242.`.
SEC. 623. EXCLUSION OF ALIENS WHO HAVE NOT BEEN INSPECTED AND
ADMITTED.
(a) In General . - Section 241 of the Immigration and
Nationality Act (8 U.S.C. 1251) is amended by adding at the end the
following new subsection:
`(d) Notwithstanding any other provision of this title, an alien
found in the United States who has not been admitted to the United
States after inspection in accordance with section 235 is deemed
for purposes of this Act to be seeking entry and admission to the
United States and shall be subject to examination and exclusion by
the Attorney General under chapter 4. In the case of such an alien
the Attorney General shall provide by regulation an opportunity for
the alien to establish that the alien was so admitted.`.
(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©(5) of the
Immigration and Nationality Act (8 U.S.C. 1255a©(5) is amended -
(1) by inserting `(i)` after `except the Attorney General`;
and
(2) by inserting after `title 13, United States Code` the
following: `and (ii) may authorize an application to a Federal
court of competent jurisdiction for, and a judge of such court
may grant, an order
authorizing disclosure of information contained in the
application of the alien to be used -
`(I) for identification of the alien when there is
reason to believe that the alien has been killed or
severely incapacitated; or
`(II) for criminal law enforcement purposes against
the alien whose application is to be disclosed if the
alleged criminal activity occurred after the
legalization application was filed and such activity
involves terrorist activity or poses either an
immediate risk to life or to national security, or
would be prosecutable as an aggravated 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 amended -
(1) in paragraph (5), by inserting `, except as allowed by a
court order issued pursuant to paragraph (6)` after `consent of
the alien`, and
(2) in paragraph (6), by inserting after the first sentence
the following:
`Notwithstanding the previous sentence, the Attorney General
may authorize an application to a Federal court of competent
jurisdiction for, and a judge of such court may grant, an order
authorizing disclosure of information contained in the
application of the alien to be used (i) for identification of
the alien when there is reason to believe that the alien has
been killed or severely incapacitated, or (ii) for criminal law
enforcement purposes against the alien whose application is to
be disclosed if the alleged criminal activity occurred after
the special agricultural worker application was filed and such
activity involves terrorist activity or poses either an
immediate risk to life or to national security, or would be
prosecutable as an aggravated felony, but without regard to the
length of sentence that could be imposed on the applicant.`.
SEC. 632. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF
APPLICATION FOR VISAS.
Section 212(b) of the Immigration and Nationality Act (8 U.S.C.
1182(b)) is amended -
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B);
(2) by striking `If` and inserting `(1) Subject to paragraph
(2), if`; and
(3) by inserting at the end the following paragraph:
`(2) With respect to applications for visas, the Secretary of
State may waive the application of paragraph (1) in the case of a
particular alien or any class or classes of aliens excludable under
subsection (a)(2) or (a)(3).`.
PART 2 - ASSET FORFEITURE FOR PASSPORT AND VISA OFFENSES
SEC. 641. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED
OFFENSES.
Section 982 of title 18, United States Code, is amended -
(1) in subsection (a), by inserting after paragraph (5) the
following new paragraph:
`(6) The court, in imposing sentence on a person convicted of a
violation of, or conspiracy to violate, section 1541, 1542, 1543,
1544, or 1546 of this title, or a violation of, or conspiracy to
violate, section 1028 of this title if committed in connection with
passport or visa issuance or use, shall order that the person
forfeit to the United States any property, real or personal, which
the person used, or intended to be used, in committing, or
facilitating the commission of, the violation, and any property
constituting, or derived from, or traceable to, any proceeds the
person obtained, directly or indirectly, as a result of such
violation.`, and
(2) in subsection (b)(1)(B), by inserting `or (a)(6)` after
`(a)(2)`.
SEC. 642. SUBPOENAS FOR BANK RECORDS.
Section 986(a) of title 18, United States Code, is amended by
inserting `1028, 1541, 1542, 1543, 1544, 1546,` before `1956`.
SEC. 643. EFFECTIVE DATE.
The amendments made by this subtitle shall take effect on the
first day of the first month that begins more than 90 days after
the date of the enactment of this Act.
TITLE VII - FUNDING
SEC. 701. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Federal Bureau of
Investigation such sums as are necessary -
(1) to hire additional personnel, and to procure equipment,
to support expanded investigations of domestic and
international terrorism activities;
(2) to establish a Domestic Counterterrorism Center to
coordinate and centralize Federal, State, and local law
enforcement efforts in response to major terrorist incidents,
and as a clearinghouse for all domestic and international
terrorism information and intelligence; and
(3) to cover costs associated with providing law enforcement
coverage of public events offering the potential of being
targeted by domestic or international terrorists.
SEC. 702. CIVIL MONETARY PENALTY SURCHARGE AND TELECOMMUNICATIONS
CARRIER COMPLIANCE PAYMENTS.
The Communications Assistance for Law Enforcement Act is amended
by adding at the end the following:
`TITLE IV - CIVIL MONETARY PENALTY SURCHARGE AND TELECOMMUNICATIONS
CARRIER COMPLIANCE PAYMENTS
`SEC. 401. CIVIL MONETARY PENALTY SURCHARGE.
`(a) Imposition . - Notwithstanding any other provision of law,
and subject to section 402©, 40 percent of the principal amount
of a civil monetary penalty assessed by the United States or an
agency thereof shall be added to the fund established in section
402.
`(b) Effective Dates . - (1) Subsection (a) shall apply with
respect to all civil monetary penalties assessed on or after
October 1, 1995, or the date of enactment of this title, whichever
is later.
`(2) The application of subsection (a) shall terminate on October
1, 1998.
`(d) Limitation . - This section does not apply to any civil
monetary penalty assessed under the Internal Revenue Code of 1986.
`SEC. 402. DEPARTMENT OF JUSTICE TELECOMMUNICATIONS CARRIER
COMPLIANCE FUND.
`(a) Establishment of Fund . - There is hereby established in
the United States Treasury a fund to be known as the Department of
Justice Telecommunications Carrier Compliance Fund (hereinafter in
this section referred to as the `Fund`), which shall be available
to the Attorney General to the extent and in the amounts authorized
by subsection © to make payments to telecommunications carriers,
as authorized by section 109 of the Communications Assistance for
Law Enforcement Act.
`(b) Offsetting Collections . - Notwithstanding section 3302 of
title 31, United States Code, the Attorney General may credit
amounts added pursuant to section 401 of this title to the Fund as
offsetting collections.
`© Requirements for Appropriations Offset . - (1) Amounts may
be added pursuant to section 401 only to the extent and in the
amounts provided for in advance in appropriations Acts.
`(2)(A) Collections credited to the Fund are authorized to be
appropriated in such amounts as may be necessary, but not to exceed
$100,000,000 in fiscal year 1996, $305,000,000 in fiscal year 1997,
and $80,000,000 in fiscal year 1998.
`(B) Amounts described in subparagraph (A) are authorized to be
appropriated without fiscal year limitation.
`(d) Termination . - (1) The Attorney General may terminate the
Fund at such time as the Attorney General determines that the Fund
is no longer necessary, but no later than the end of fiscal year
2000.
`(2) Any balance in the Fund at the time of its termination shall
be deposited in the general fund of the Treasury.
`(3) A decision of the Attorney General to terminate the Fund
shall not be subject to judicial review.
`SEC. 403. DEFINITIONS.
`For purposes of this title, the terms `agency` and `civil
monetary penalty` have the meanings given to them by section 3 of
the Federal Civil Penalties Inflation Adjustment Act of 1990 (28
U.S.C. 2461 note).`.
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