104TH CONGRESS H R 1635 1ST SESSION • •
To combat domestic terrorism.
IN THE HOUSE OF REPRESENTATIVES
AlAy 15, 1995
~[r. GEPHARDT (by request) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Banking and Financial Sen;ces and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL To combat domestic terrorism.
1 Be it enacted by the Senate and House of Representa·
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Antiterrorism Anlend-
5 ments Act of 1995".
6 SEC. 2. TABLE OF CONTENTS.
7 The following is the table of contents for this Act:
Sec. 1. Short title. Sec. 2. Table of contents.
2
TITLE I-SUBST Al~TIVE I~TYESTIGATIVE E~HAXCE:\[E~TS
Sec. 101. Pen registers and trap and trace de\ices in foreign counterintelligence and counterterrorism investigations.
Sec. 102. Disclosure of infornlation and consumer reports to FBI for foreign counterintelligence purposes.
Sec. 103. Study and requirements for tagging of explosive materials, and study and recommendations for rendering e>.-plosi\'e components inert and imposing controls on precursors of e>.-plosivcs.
Sec. 104. Access to records of common carriers, public accommodation facilities, physical storage facilities and vehicle rental facilities in foreign counterintelligence and counterterrorism cases.
Sec. 105. Limitation of statutory exclusionary rule. Sec. 106. Authority for \\iretaps in any terrorism-related or e>.-plosives felony. Sec. 107. Temporary emergency \\iretap authority invohing terroristic crimes. Sec. 108. Expanded authority for roving \\iretaps. Sec. 109. Enhanced access to telephone billing records. Sec. 110. Requirement to preserve evidence. Sec. 111. Permission to request military assistance \\ith respect to offenses in
vohing chemical and biological weapons. Sec. 112. General reward authority of the Attorney General.
TITLE II-SUBSTANTIVE PROSECUTIVE ENlLL,\CElIEXTS
Sec. 201. Possession of stolen e>..-plosives. Sec. 202. Protection of Federal employees on account of the performance of
their official duties.
TITLE III-CRIlIINAL PENALTIES
Sec. 301. Mandatory penalty for transferring a firearm kno\\ing that it \\ill be used to commit a crime of \iolence.
Sec. 302. Mandatory penalty for transferring an explosive material kno\\;ng that it \\ill be used to commit a crime of ,iolence.
Sec. 303. Increase period of limitations for National Firearms Act.
TITLE IV-FUNDING
Sec. 401. Civil monetary penalty surcharge and telecommunications carrier compliance payments.
1 TITLE I-SUBSTANTIVE INVESTIGATIVE
2 ENHANCEMENTS
3 SEC. 101. PEN REGISTERS AND TRAP AND TRACE DEVICES
4 IN FOREIGN COUNTERINTELLIGENCE AND
5 COUNTERTERRORISM INVESTIGATIONS.
6 (a) Chapter 206, title 18, United States Code, IS
7 amended-
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I (1) by redesignating section 3127 as section
2 3128; and
3 (2) by adding the following ne,v section 3127:
4 § 3127. Pen register or a trap and trace device in
5
6
foreign counterintelligence and counter
terrorism investigations
7 "(a) Notwithstanding any other la,v, the provisions
8 of this chapter shall be applicable to foreign counterintel-
9 ligence and international terrorism investigations con-
10 ducted by the Federal Bureau of Investigation.
11 "(b) An application under this section for an order
12 or an extension of an order under section 3123 of this
13 title shall include-
14 "(1) the identity of the attorney for the Govern-
15 ment and the fact that the investigation is being
16 conducted by the Federal Bureau of Investigation;
17 and
18 "(2) a certification by the applicant that the in-
19 formation likely to be obtained is relevant to an on-
20 going foreign counterintelligence or international ter-
21 rorism investigation being conducted by the Federal
22 Bureau of Investigation.
23 "( c) All applications and orders under this section
24 shall be maintained by the Federal Bureau of Inv~stiga-
25 tion.".
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1 (b) CLERICAL A:\IEND~[ENT .-The table of sections
2 at the beginning of chapter 206 is amended-
3 (1) to renumber section 3128 as redesignated;
4 and
5 (2) by adding after the item relating to section
6 3126 the following:
"3127. Pen register or a trap and trace device in foreign counterintelligence and counterterrorism investigations.".
7 SEC. 102. DISCLOSURE OF INFORMATION AND CONSUMER
8 REPORTS TO FBI FOR FOREIGN COUNTER-
9 INTELLIGENCE PURPOSES.
10 (a) IN GE~~RAL.-The Fair Credit Reporting Act
11 (15 U.S.C. 1681 et seq.) is amended by adding after sec-
12 tion 623 the follo\ving new section:
13 "§ 624. Disclosures to FBI for foreign counterintel-
14 ligence purposes
15 "(a) IDENTITY OF FINANCIAL INSTITUTIONS.-Not-
16 withstanding section 604 or any other provision of this
17 title, a consumer reporting agency shall furnish to the
18 Federal Bureau of Investigation the names and addresses
19 of all financial institutions (as that term is defined in sec-
20 tion 1101 of the Right to Financial Privacy Act of 1978)
21 at which the consumer maintains or has maintained an
22 account, to the extent that information is in the files of
23 the agency, \vhen presented with a written request for that
24 information, signed by the Director of the Federal Bureau
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1 of Investigation, or the Director's designee (\\rho shall be
2 an individual with the rank and title of Deputy Assistant
3 Director or above), \vhich certifies compliance \\;th this
4 section. The Director or the Director's designee may make
5 such a certification only if the Director or the Director's
6 designee has determined in writing that-
7 "(1) such information is necessary for the con-
8 duct of an authorized foreign counterintelligence in-
9 vestigation; and
10 "(2) there are specific and articulable facts giv-
11 ing reason to believe that the consumer-
12 "(A) is a foreign power (as defined in sec-
13 tion 101 of the Foreign Intelligence Surveil-
14 lance Act (50 U.S.C. 1801) or a person who is
15 not a United States person (as defined in such
16 section 101) and is an official of a foreign
17 po,ver; or
18 "(B) is an agent of a foreign power and is
19 engaging or has engaged in international terror-
20 ism (as that term is defined by 18 U.S.C.
21 2331) or clandestine intelligence activities that
22 involve a violation of criminal statutes of the
23 United States.
24 "(b) IDENTIFYING INFORMATION.-Nohvithstanding
25 the provisions of section 604 or any other provision of this
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1 title, a consumer reporting agency shall furnish identifying
2 information respecting a consumer, limited to name, ad-
3 dress, former addresses, places of employment, or former
4 places of employment, to the Federal Bureau ~f Investiga-
5 tion when presented ,vith written request, signed by Direc-
6 tor or the Director's authorized designee, which certifies
7 compliance with this subsection. The Director or the Di
S rector's authorized designee may make such a certification
9 only if the Director or the Director's authorized designee
10 has determined in writing that-
11 "(1) such information is necessary for the con-
12 duct of an authorized foreign counterintelligence in-
13 vestigation; and
14 "(2) there is information giving reason to be-
15 lieve that the consumer has been, or is about to be,
16 in contact with a foreign po\ver or an agent of a for-
17 eign power (as defined in section 101 of the Foreign
18 Intelligence Surveillance Act (50 U.S.C. 1801».
19 "(c) COURT ORDER FOR DISCLOSURE OF CONSUl\IER
20 REPORTS.-Notwithstanding section 604 or any other
21 provision of this title, if requested in writing by the Direc-
22 tor of the Federal Bureau of Investigation, or authorized
23 designee of the Director, a court may issue an order ex
24 parte directing a consumer reporting agency to furnish a
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1 consumer report to the Federal Bureau of Investigation,
2 upon a showing in camera that-
3 "(1) the consumer report is necessary for the
4 conduct of an authorized foreign counterintelligence
5 investigation; and
6 "(2) there are specific and articulable facts giv-
7 Ing reason to believe that the consumer whose
8 consumer report is sought-
9 "(A) is an agent of a foreign po\ver; and
10 "(B) is engaging or has engaged in inter-
11 national terrorism (as that term is defined in
12 18 U.S.C. 2331) or clandestine intelligence ac-
13 tivities that involve a violation of criminal stat-
14 utes of the United States.
15 The terms of an order issued under this subsection shall
16 not disclose that the order is issued for purposes of a for-
17 eign counterintelligence investigation.
18 "(d) CONFIDENTIALITY.-No consumer reporting
19 agency or officer, employee, or agent of a consumer report-
20 ing agency shall disclose to any person, other than those
21 officers, employees, or agents of a consumer reporting
22 agency necessary to fulfill the requirement to disclosure
23 information to the Federal Bureau of Investigation under
24 this section, that the Federal Bureau of Investigation has
25 sought or obtained the identify of financial institutions or
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1 a consumer report respecting any consumer under sub-
2 section (a), (b), or (c) and no consumer reporting agency
3 or officer, employee, or agent of a consumer reporting .
4 agency shall include in any consumer report any informa-
5 tion that \vould indicate that the Federal Bureau of Inves-
6 tigation has sought or obtained such information or a
7 consumer report.
8 "(e) PATIIENT OF FEES.-The Federal Bureau of
9 Investigation shall, subject to the availability of appropria-
lOtions, pay to a consumer reporting agency assembling or
11 providing reports or information in accordance with proce-
12 dures established under this section, a fee for reinlburse-
13 ment for such costs as are reasonably necessary and \vhich
14 have been directly incurred in searching, reproducing or
15 transporting books, papers, records, or other data required
16 or requested to be produced under this section.
17 "(f) LI~nT ON DISSEMINATION.-The Federal Bu-
18 reau of Investigation may not disseminate information ob-
19 tained pursuant to this section outside of the Federal Bu-
20 reau of Investigation, except as may be necessary for the
21 approval or conduct of a foreign counterintelligence inves-
22 tigation, or, where the information concerns a person sub-
23 ject to the Uniform Code of Military Justice to appro-
24 priate investigative authorities within the military depart-
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1 ment concerned as nlay be necessary for the conduct of
2 a joint foreign counterintelligence investigation.
3 "(g) RCLES OF CO~STRUCTION.-Nothing In this
4 section shall be construed to prohibit infornlation fronl
5 being furnished by the Federal Bureau of Investigation
6 pursuant to a subpoena or court order, or in connection
7 with a judicial or administrative proceeding to enforce the
8 provisions of this Act. Nothing in this section shall be con-
9 strued to authorize or permit the \\;thholding of informa-
lOtion from the Congress.
11 "(h) REPORTS TO CONGRESS.-On a senliannual
12 basis, the Attorney General of the United States shall full~'
13 inform the Permanent Select Committee on Intelligence
14 and the Committee on Banking and Financial Ser\;ces of
15 the House of Representatives, and the Select Comnlittee
16 on Intelligence and the Committee on Banking, Housing,
17 and Urban Mfairs of the Senate concerning all requests
18 made pursuant to subsections (a), (b), and (c).
19 "(i) DAl\lAGES.-Any agency or department of the
20 United States obtaining or disclosing any consumer re-
21 ports, records, or information contained therein in viola-
22 tion of this section is liable to the consumer to ,,-hOlll such
23 consumer reports, records, or information relate in an
24 amount equal to the sum of-
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1 "(1) $100, \vithout regard to the volume of
2 consumer reports, records, or information involved;
3 "(2) any actual damages sustained by the
4 consumer as a result of the disclosure;
5 "(3) if the violation is found to have been \vill-
6 ful or intentional, such punitive damages as a court
7 may allow; and
8 "( 4) in the case of any successful action to en-
9 force liability under this subsection, the costs of the
10 action, together with reasonable attorney fees, as de-
II termined by the court.
12 "(j) DISCIPLINARY ACTIONS FOR VIOLATIONS.-If a
13 court determines that any agency or department of the
14 United States has violated any provision of this section
15 and the court .finds that the circumstances surrounding
16 the violation raise questions of \\Thether or not an officer
17 or employee of the agency or department acted willfully
18 or intentionally with respect to the violation, the agency
19 or department shall promptly initiate a proceeding to de-
20 termine whether or not disciplinary action is warranted
21 against the officer or employee who was responsible for
22 the violation.
23 "(k) GOOD FAITH EXCEPTION.-Notwithstanding
24 any other provision of this title, any consumer reporting
25 agency or agent or employee thereof making disclosure of
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1 consumer reports or identifj;ng information pursuant to
2 this subsection in good-faith reliance upon a certification
3 of the Federal Bureau of Investigation pursuant to provi-
4 sions of this section shall not be liable to any person for
5 such disclosure under this title, the constitution of any
6 State, or any law or regulation of any State or any politi-
7 cal subdivision of any State.
8 "(1) LI)IITATION OF RElIEDIES.-Not,,·;thstanding
9 any other provision of this title, the remedies and sanc-
lOtions set forth in this section shall be the only judicial
11 remedies and sanctions for violation of this section.
12 "(m) INJUNCTIVE RELIEF.-In addition to any other
13 remedy contained in this section, injunctive relief shall be
14 available to require compliance ,,,;th the procedures of this
15 section. In the event of any successful action under this
16 subsection, costs together "rith reasonable attorney fees,
17 as determined by the court, may be recovered.".
18 (b) CLERICAL MIENDl\IENT .-The table of sections
19 at the beginning of the Fair Credit Reporting Act (15
20 U.S.C. 1681a et seq.) is amended by adding after the item
21 relating to section 623 the follo,ving:
"624. Disclosures to FBI for foreign counterintelligence purposes!'.
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1 SEC. 103. STUDY AND REQUIREMENTS FOR TAGGING OF EX·
2 PLOSIVE MATERIALS, AND STUDY AND REC·
3 OMMENDATIONS FOR RENDERING EXPLO-
4 SIVE COMPONENTS INERT AND IMPOSING
5 CONTROLS OR PRECURSORS OF EXPLOSIVES.
6 (a) The Secretary of the Treasury shall conduct a
7 study and make recommendations concerning-
8 (1) the tagging of explosive materials for pur-
9 poses of detection and identification;
10 (2) ,vhether common chemicals used to manu-
11 facture explosive materials can be rendered insert
12 and whether it is feasible to require it; and
13 (3) whether controls can be imposed on certain
14 precursor chemicals used to manufacture explosive
15 materials and whether it is feasible to require it.
16 In conducting the study, the Secretary shall consult ,vith
17 other Federal, State and local officials with expertise in
18 this area and such other individuals as shall be deemed
19 necessary. Such study shall be complete \vithin 12 months
20 after the enactment of this Act and shall be submitted
21 to the Congress and made available to the public. Such
22 study may include, if appropriate, recommendations for
23 legislation.
24 (b) There are authorized to be appropriated for the
25 study and recommendations contained in paragraph (a)
26 such sums as may be necessary.
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1 (c) Section 842, of title 18, United States Code, is
2 amended by inserting after subsection (k), a ne\\· sub-
3 section (1) \\'hich reads as follows:
4 "(1) It shall be unla,\ful for any person to manufac-
5 ture, import, ship, transport, receive, possess, transfer, or
6 distribute any explosive material that does not contain a
7 tracer element as prescribed by the Secretary pursuant to
8 regulation, knowing or having reasonable cause to believe
9 that the explosive material does not contain the required
10 tracer element.".
11 (d) Section 844, of title 18, United States Code, is
12 amended by inserting after "(a) through (i)" the phrase
13 "and (1)".
14 (e) Section 846, of title 18, United States Code, IS
15 amended by designating the present section as "(a)," and
16 by adding a new subsection (b) reading as follo\vs:
17 "(b) To facilitate the enforcement of this chapter, the
18 Secretary may provide by regulation for the addition of
19 tracer elements to explosive materials manufactured in or
20 imported into the United States. Tracer elements to be
21 added to explosive materials under provisions of this sub-
22 section shall be of such character and in such quantity
23 as the Secretary may authorize or require, and such as
24 will not substantially impair the quality of the explosive
25 materials for their intended lawful use, be unreasonably
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1 unsafe, or have a substantially adverse effect on the en\;-
2 ronment.".
3 (f) The penalties provided for herein, shall not take
4 effect until the later of one year from the date of enact-
5 ment of this Act or 90 days from the date of promulgation
6 of the regulations provided for herein.
7 SEC. 104. ACCESS TO RECORDS OF COMMON CARRIERS,
8
9
10
11
PUBLIC ACCOMMODATION FACILITIES, PHYS·
ICAL STORAGE FACILITIES AND VEHICLE
RENTAL FACILITIES IN FOREIGN COUNTER·
INTELLIGENCE AND COUNTERTERRORISM
12 CASES.
13 Title 18, United States Code, is amended by inserting
14 after chapter 121 the following ne,,' chapter:
15 "CHAPTER 122-ACCESS TO CERTAIN RECORDS
16 "§ 2720. Access to records of common caniers, public
17 accommodation facilities, physical
18 storage facilities and vehicle rental
19 facilities in counterintelligence and
20 counterterrorism cases
21 "(a) Any common carrier, public accommodation fa-
22 cility, physical storage facility or vehicle rental facility
23 shall comply with a request for records in its possession
24 made pursuant to this section by the Federal Bureau of
25 Investigation when the Director or designee (whose rank
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1 shall be no lo,,·er than Assistant Special Agent in Charge)
2 certifies in \\Titing to the common carrier, public accom-
3 modation facility, physical storage facility or vehicle rental
4 facility that such records are sought for foreign counter-
5 intelligence purposes and that there are specific and
6 articulable facts giving reason to believe that the person
7 to ,vhom the records sought pertain, is a foreign po,,"er
8 or an agent of a foreign power as defined in section 101
9 of the Foreign Intelligence Surveillance Act (50 U.S.C.
10 1$01).
11 "(b) No common carrier, public accommodation facil-
12 ity, physical storage facility or vehicle rental facility or any
13 officer, employee or agent of such common carrier, public
14 accommodation facility, physical storage facility or vehicle
15 rental facility shall disclose to any person, other than
16 those officers, agents or employees of the comnlon carrier,
17 public accommodation facility, physical storage facility or
18 vehicle rental facility necessary to fulfill the requirement
19 to disclose the information to the Federal Bureau of Inves-
20 tigation under this section, that the Federal Bureau of
21 Investigation has sought or obtained the records re-
22 quested.
23 "( c) AB used in this chapter-
24 "( 1) the term 'common carrier' means a loco-
25 motive, a rail carrier, a bus carrying passengers, a
lIB. 1681 m
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1 ,vater common carrier, an air common carrier, or a
2 private commercial interstate carrier for the delivery
3 of packages and other objects;
4 '~(2) the term 'public accommodation facility'
5 means any inn, hotel, motel or other establishment
6 which provides lodging to transient guests;
7 "(3) the term 'physical storage facility' means
8 any business or entity which provides space for the
9 storage of goods or materials, or services related to
10 the storage of goods or materials to the public or
11 any segment thereof; and
12 "( 4) the term 'vehicle rental facility' nleans any
13 person or entity which provides vehicles for rent,
14 lease, loan or other similar use, to the public or any
15 segment thereof.".
16 SEC. 105. LIMITATION OF STATUTORY EXCLUSIONARY
17 RULE.
18 Section 2515 of title 18, United States Code, IS
19 amended by adding at the end the follo,ving: "This section
20 shall not apply to the disclosure by the United States in
21 a criminal trial or hearing or before a grand jury of the
22 contents of a wire or oral communication, or· evidence de-
23 rived therefrom, unless the violation of this chapter in-
24 volved bad faith by law enforcement.".
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17 1 SEC. 106. AUTHORITY FOR WIRETAPS IN ANY TERRORISM.
2 RELATED OR EXPLOSIVES FELONY.
3 (a) Section 2516(1) of title 18, United States Code,
4 is amended-
5
6
7
8
9
10
11
12
13
14
15
16-
17
18
19
20
21
22
(1) by inserting after the words "section 224
(bribery in sporting contests)", the \vords "section
842 (relating to explosives violations)".
(2) by striking "and" at the end of paragraph
(n);
(3) by striking the period at the end of para-
graph (0) and inserting "; and"; and
(4) by adding a new paragraph (p) as follo\vs:
"(p) any other felony under the la\vs of the
United States if the Attorney General, the Deputy
Attorney General, or the Assistant Attorney General
for the Criminal Division (or an official acting in
any such capacity) certifies to the court under seal
that there is reason to believe the felonv involves or ...
may involve domestic terrorism or international ter
rorism (as those terms are defined in 18 U.S.C.
2331)."
(b) Section 2510(12) of title 18, United States Code,
23 is amended-
24 (1) by striking "or" at the end of subparagraph
25 (B);
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1 (2) by inserting "or" at the end of subpara-
2 graph (C); and
3 (3) by adding a new subparagraph (D), as fol-
4 lo\vs:
5 "(D) information stored in a conlmunlca-
6 tions system used for the electronic storage and
7 transfer of funds;"
8 (c) Section 2510(16) of title 18, United States Code,
9 is amended-
10 (1) by inserting "or" at the end of subpara-
11 graph (D);
12 (2) by striking "or" at the end of subparagraph
13 (E); and
14 (3) by striking subparagraph (F).
15 SEC. 107. TEMPORARY EMERGENCY WIRETAP AUTHORITY
16 INVOLVING TERRORISTIC CRIMES.
17 (a) Section 2518(7)(a)(III) of title 18, United States
18 Code, is amended by inserting "or domestic terrorism or
19 international terrorism (as those terms are defined in sec-
20 tion 2331 of this title)" after "organized crime".
21 (b) Section 2331 of title 18, United States Code, is
22 amended by inserting the following after paragraph (4):
23 "(5) the term 'domestic terrorism' means any
24 activities that involve violent acts or acts dangerous
25 to human life that are a violation of the criminal
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1 la\\"s of the United States or of any State and \\"hich
2 appear to be intended to intinlidate or coerce a civil-
3 ian population or to influence the policy of a govern-
4 ment by intimidation or coercion; or to affect the
5 conduct of a government by assassination or kidnap-
6 ping."
7 SEC. 108. EXPANDED AUTHORITY FOR ROVING WIRETAPS.
8 Section 2518(11) of title 18, United States Code, is
9 amended to read as follo,vs:
10 "(11) The requirements of subsections (l)(b)(ii) and
11 (3)(d) of this section relating to the specification of facili-
12 ties from ,vhich or the place "rhere the communication is
13 to be intercepted do not apply if in the case of an applica-
14 tion "rith respect to the interception of ,vire, oral or elec-
15 tronic communications-
16 "(a) the application is by a federal investigative
17 or law enforcement officer, and is approved by the
18 Attorney General, the Deputy Attorney General, the
19 Associate Attorney General, or an Assistant Attor-
20 ney General (or an official acting in any such capac-
21 ity);
22 "(b) the application contains a full and com-
23 plete statement as to why such specification is not
24 practical and identifies the person committing the
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1 offense and \vhose conlmunications are to be inter-
2 cepted; and
3 "(c) the judge finds that such specification IS
4 not practicaL".
5 SEC. 109. ENHANCED ACCESS TO TELEPHONE BILLING
6 RECORDS.
7 (a) Section 2709(b) of title 18, United States Code,
8 is amended-
9 (1) in paragraph (I)(A), by inserting "local and
10 long distance" before "toll billing records"; and
11 (2) by adding at the end a ne'v paragraph (3),
12 as follo,vs:
13 "(3) request the name, address, length of serv-
14 Ice, and local and long distance toll billing records
15 of a person or entity if the Director (or designee in
16 a position not lower than Deputy Assistant Director)
17 certifies in writing to the wire or electronic commu-
18 nication service provider to which the request is
19 made that the information sought is relevant to an
20 authorized domestic terrorism (as that term is de-
21 fined in section 2331(5) of this title) investigation.".
22 (b) Section 2703(c)(I)(C) of title 18, United States
23 Code, is amended by inserting "local and long distance"
24 before "telephone toll billing records".
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21 I SEC. 110. REQUIREMENT TO PRESERVE EVIDENCE.
2 Section 2703 of title 18, United States Code, l~
3 anlended by adding a ne,,, subsection (f), as follo"os:
4 "(f) REQGIRE:\IE~T To PRESERYE EYIDE:\CE.-.A.
5 provider of \\;re or electronic conlmunication scn;ccs or
6 a remote computing service, upon the requcst of a goYcrn-
7 mental entity, shall take all necessary steps to prescnoe
8 records and other evidence in its possession pending the
9 issuance of a court order or other process. Such records
10 shall be retained for a period of 90 days, "'hich period
II shall be e:d:ended for an additional 90-da~~ period upon a
12 rene,ved request by the governnlental entity." °
13 SEC. Ill. PERMISSION TO REQUEST MILITARY ASSISTANCE
14 WITH RESPECT TO OFFENSES INVOLVING
15 CHEMICAL AND BIOLOGICAL WEAPONS.
16 (a) Section 175 of title 18, United States Code, IS
17 anlended by adding a ne,y subsection (c), as follo,,·s:
18 "(c)(l) JIILITARY AsSIST..L~CE.-~ot";thstancling
19 any other provision of la,v, the Attorney General nlay re-
20 quest that the Secretary of Defense provide technical as-
21 sistance in support of Department of Justice activities re-
22 lating to the enforcement of this section in situations in-
23 volving biological weapon enlergencies. Departlnent of De-
24 fense resources, including civilian personnel and menlbers
25 of the uniformed services, may be used to provide such
26 technical assistance if:
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1 "(A) The Secretary of Defense and the Attor-
2 ney General determine that an emergency situation
3 involving biological weapons of mass destruction ex-
4 ists; and
5 "(B) The Secretary of Defense determines that
6 the provision of such assistance will not adversely af-
7 fect the military preparedness of the United States.
8 "(2) As used in this section, 'emergency situation'
9 means a circumstance-
10 "(A) that poses a serious threat to the interests
11 of the United States; and
12 "(B) in which-
13 "(i) enforcenlent of the law would be seri-
14 ously impaired if the assistance \vere not pro-
15 vided;
16 "( ii) mili tary technical assistance and ex-
17 pertise is needed to counter the threat posed by
18 the biological agent involved; and
19 "(iii) civilian law enforcement expertise is
20 not available to provide the required technical
21 assistance.
22 "(3) As used in this section, 'technical assistance'
23 means the provision of equipment and technical expertise
24 to law enforcement officials in the investigation of viola-
25 tions of this section, such as technical assistance in con-
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1 ducting searches that seek evidence or instrumentalities
2 of violations of this section, technical assistance in taking
3 and collecting evidence related to violations of this section,
4 and technical assistance in disarming and disabling indi-
5 viduals in possession of contraband under this section. It
6 does not include authority to apprehend or arrest.
7 "( 4) The Secretary of Defense may require relnl-
8 bursement as a condition of assistance under this section.
9 "( 5) The Attorney General may delegate the Attorney
10 General's function under this subsection only to a Deputy,
11 Associate, or Assistant Attorney GeneraL".
12 (b) Chapter 113B of title 18, United States Code,
13 is amended by adding after section 2332a the follo\ving
14 new section:
15 "§ 2332b. Use of chemical weapons
16 "(a) OFFENSE.-A person who \vithout 1 a\vfu 1 au-
17 thority uses, or attempts or conspires to use, a chemical
18 weapon-
19 "(1) against a national of the United States
20 \vhile such national is outside of the United States;
21 "(2) against any person within the United
22 States; or
23 "( 3) against any property that is owned, leased
24 or used by the United States or by any department
11K 1835 IH
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1 or agency of the United States, whether the property
2 is ,vithin or outside of the United States,
3 shall be imprisoned for any term of years or for life, and
4 if death results, shall be punished by death or inlprisoned
5 for any term of years or for life.
6 "(b) DEFINITION.-For purposes of this section-
7 "(1) the term 'national of the United States'
8 has the meaning given in section IOI(a)(22) of the
9 Immigration and Nationality Act (8 U.S.C.
10 1101(a)(22»; and
11 "(2) the term 'chemical weapon' means any
12 ,veapon that is designed to cause death or serious,
13 bodily injury through the release, dissemination, or
14 inlpact of toxic or poisonous chemicals or their pre-
15 cursors.
16 "(cHI) MILITARY AsSISTANCE.-Nonvithstanding
17 any other provision of law, the Attorney General may re-
18 quest that the Secretary of Defense provide technical as-
19 sistance in support of Department of Justice activities re-
20 lating to the enforcement of this section in situations in-
21 volving chemical weapon emergencies. Department of De-
22 fense resources, including civilian personnel and members
23 of the uniformed services, may be used to provide such
24 technical assistance if:
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1 "(A) The Secretary of Defense and the Attor-
2 ney General determine that an enlergency situation
3 involving chemical \veapons of mass destruction ex-
4 ists; and
5 "(B) The Secretary of Defense deternlines that
6 the provision of such assistance \\till not adversely af-
7 fect the military preparedness of the United States.
8 "(2) As used in this section, 'emergency situation'
9 means a circumstance-
10 "(A) that poses a serious threat to the interests
11 of the United States; and
12 "(B) in \vhich-
13 "(i) enforcement of the la\v \vould be seri-
14 ously impaired if the assistance \vere not pro-
15 vided;
16 "( ii ) military technical assistance and ex-
17 pertise is needed to counter the threat posed by
18 the chemical agent involved; and
19 "(iii) civilian law enforcement expertise is
20 not available to provide the required technical
21 assistance.
22 "(3) As used in this section, 'technical assistance'
23 means the provision of equipment and technical expertise
24 to law enforcement officials in the investigation of viola-
25 tions of this section, such as technical assistance in con-
11K 1835 IH
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1 ducting searches that seek evidence or instrumentalities
2 of violations of this section, technical assistance in taking
3 and collecting evidence related to violations of this section,
4 and technical assistance in disarming and disabling indi-
5 viduals in possession of contraband under this section. It
6 does not include authority to apprehend or arrest.
7 "( 4) The Secretary of Defense may require relm-
8 bursement as a condition of assistance under this section.
9 "(5) The Attorney General may delegate the Attorney
10 General's function under this subsection only to a Deputy,
11 Associate, or Assistant Attorney GeneraL".
12 (c) CLERICAL ~fENDl\IENT.-The chapter analysis
13 for chapter 113B of title 18, United States Code, is
14 amended by adding after the item relating to section
15 2332a the follo\ving:
"§ 2332b. Use of chemical weapons".
16 (d) Section 2332a of title 18, United States Code,
17 is amended by inserting behveen the \vords "A person
18 ,vho" and "uses, or attempts", the ,vords ",vithout la,vful
19 authority", at the beginning of subsection (a).
20 SEC. 112. GENERAL REWARD AUTHORITY OF THE ATrOR-
21 NEY GENERAL.
22 Chapter 203 of title 18, United States Code, is here-
23 by amended by adding after section 3059A the follo"ing
24 section:
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1 "§ 3059B. General reward authority
2 "(a) ~ot\\;thstanding any other provision of la\v, the
3 Attorney General may pay re\\yards and receive from any
4 department or agency, funds for the pajment of re\vards
5 under this section, to any individual who assists the De-
6 partment of Justice in performing its functions.
7 "(b) If the re\vard exceeds $100,000, the Attorney
8 General, \\;thin thirty (30) days of having authorized the
9 payment of such a re\vard, shall give notice to the respec-
10 tive Chairmen of the Committees on Appropriations and
11 the Committees on the Judiciary of the Senate and the
12 House of Representatives.
13 "( c) A determination made by the Attorney General
14 as to \vhether to authorize an award under this section
15 and as to the amount of any re\vard authorized shall be
16 final and conclusive, and no court shall have po,ver or ju-
17 risdiction to review it." .
18 TITLE II-SUBSTANTIVE PROSECUTIVE
19 ENHANCEMENT
20 SEC. 201. POSSESSION OF STOLEN EXPLOSIVES.
21 Section 842(h) of title 18, United States Code, IS
22 amended to read as follows:
23 "(h) It shall be unlawful for any person to receive,
24 possess, transport, ship, conceal, store, barter, sell, dispose
25 of, or pledge or accept as security for a loan, any stolen
26 explosive materials which are moving as, which are part
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1 of, \\·hich constitute, or \vhich have been shipped or trans-
2 ported in, interstate or foreign commerce, either before or
3 after such materials \vere stolen, knowing or having rea-
4 sonable cause to believe that the explosive materials \vere
5 stolen. " .
6 SEC. 202. PROTECTION OF FEDERAL EMPLOYEES ON AC·
7 COUNT OF THE PERFORMANCE OF THEm OF·
8 FICIAL DUTIES.
9 (a) Section 1114 of title 18, United States Code, is
10 amended to read as follows:
11 "§ 1114. Protection of officers and employees of the
12 United States
13 "(a) Whoever kills or attempts to kill any United
14 States official, United States judge, Federal la\v enforce-
15 ment officer, or member of the uniformed services, or any
16 other officer or employee of the United States or any agen-
17 cy of the executive, legislative, or judicial branch thereof,
18 while such officer or employee is engaged in or on account
19 of the performance of official duties or any person assist-
20 ing such an official, judge, officer, or employee in, or on
21 account of the person's assistance in, the performance of
22 such duties shall be punished, in the case of murder, as
23 provided under section 1111, or in the case of man-
24 slaughter, as provided under section 1112, except that any
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1 such person who is found guilty of attempted murder shall
2 be imprisoned for not more than twenty years.
3 "(b) As used in this section, the tenns 'United States
4 Official; 'United States judge', and 'Federal la\v enforce-
5 ment officer' have the meanings prescribed in section 115
6 of this title.".
7 (b) Section 115(a)(2) of title 18, United States Code,
8 is amended by inserting", or threatens to assault, kidnap,
9 or murder, any person ,vho formerly served as a person
10 designated in paragraph (1), or" after "Assaults, kidnaps,
11 or murders, or attempts to kidnap or murder" .
12 TITLE III-CRIMINAL PENALTIES
13 SEC. 301. MANDATORY PENALTY FOR TRANSFERRING A
14 FIREARM KNOWING THAT IT wn.L BE USED
15 TO COMMIT A CRIME OF VIOLENCE.
16 Section 924(h) of title 18, United States Code, IS
17 amended by-
18 ( 1) inserting "or having reasonable cause to be-
19 lieve" after "kno,ving", and
20 (2) striking "not more than" and inserting "not
21 less than".
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1 SEC. 302. MANDATORY PENALTY FOR TRANSFERRING AN
2
3
EXPLOSIVE MATERIAL KNOWING THAT IT
WILL BE USED TO COMMIT A CRIME OF VIO-
4 LENCE.
5 Section 844 of title 18, United States Code, IS
6 amended by adding at the end, the following:
7 "(n) Whoever knowingly transfers an explosive mate-
8 rial, knowing or having reasonable cause to believe that
9 such explosive material will be used to commit a crime
10 of violence (as defined in section 924(c)(3) of this title)
11 or drug trafficking crime (as defined in section 924(c)(2)
12 of this title) shall be imprisoned for not less than 10 years,
13 fined in accordance with this title, or both." .
14 SEC. 303. INCREASED PERIOD OF LIMITATIONS FOR NA-
15 TIONAL FmEARMS ACT.
16 Section 6531 of the Internal Revenue Code of 1986
17 (26 U.S.C. 6531) is amended by amending the matter pre-
18 ceding paragraph (1) to read as follows: "No person shall
19 be prosecuted, tried, or punished for any of the various
20 offenses arising under the internal revenue laws unless the
21 indictment is found -or the information instituted within
22 3 years next after the- commission of the offense, except
23 that the period of limitation shall be 5 years for offenses
24 described in section 58612 (relating to firearms and other
25 devices) and shall be 6 years-".
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1 TITLE IV-FUNDING
2 SEC. 401. CIVIL MONETARY PENALTY SURCHARGE AND
3 TELECOMMUNICATIONS CARRIER COMPLI-
4 ANCE PAYMENTS.
5 Public La,v 103-414, October 25, 1994, 108 Stat.
6 4279, is amended by inserting at its conclusion a ne\v title
7 IV, as follo,vs:
8 "TITLE IV-CIVIL MONETARY PENALTY
9 SURCHARGE AND TELECOMMUNI.
10 CATIONS CARRIER COMPLIANCE PAY.
11 MENTS
12 "SEC. 401. CIVIL MONETARY PENALTY SURCHARGE.
13 "(a) Il\IPOSITION.-Notwithstanding any other provi-
14 sion of la,v, and subject to section 402(c) of this title, a
15 surcharge of 40 percent of the principal amount of a civil
16 monetary penalty shall be added to each civil monetary
17 penalty at the time it is assessed by the United States
18 or an agency thereof.
19 "(b) APPLICATION OF PAnIENTS.-Payments relat-
20 ing to a civil monetary penalty shall be applied in the fol-
21 lo,ving order: (1) to costs; (2) to principal; (3) to sur-
22 charges required by subsection (a) of this section; and (4)
23 to interest.
24 "(c) EFFECTIVE DATES.-(l) A surcharge under
25 subsection (a) of this section shall be added to all civil
11K 1635 IH
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1 monetary penalties assessed on or after October 1, 1995,
2 or the date of enactment of this title, \\~hichever is later.
3 "(2) The authority to add a surcharge under this sec-
4 tion shall terminate on October 1, 1998.
5 "(d) LI)IITATION.-The provisions of this section
6 shall not apply to any civil monetary penalty assessed
7 under title 26, United States Code.
8 "SEC. 402. DEPARTMENT OF JUSTICE TELECOMMUNI·
9 CATIONS CARRIER COMPLIANCE FUND.
10 "(a) ESTABLISIDIENT OF FUl\TJ>.-There is hereby
11 established in the United States Treasury a fund to be
12 known as the Department of Justice Telecommunications
13 Carrier Compliance Fund (hereinafter referred to as 'the
14 Fund'), which shall be available to the Attorney General
15 to the extent and in the amounts authorized by subsection
16 (c) of this section to make payments to telecommuni-
17 cations carriers, as authorized by section 109 of the Com-
18 munications Assistance for Law Enforcement Act.
19 "(b) OFFSETTING COLLECTIONS.-Notwithstanding
20 section 3302 of title 31, United States Code, the Attorney
21 General may credit surcharges added pursuant to section
22 401 of this title to the Fund as offsetting collections.
23 "(c) REQUIREMENTS FOR APPROPRIATIONS OFF-
24 SET.-(l) Surcharges added pursuant to section 401 of
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1 this title are authorized only to the e~1:ent and in the
2 amounts provided for in advance in appropriations acts.
3 "(2)(A) Collections credited to the Fund are author-
4 ized to be appropriated in such amounts as nlay be nec-
5 essary, but not to exceed $100,000,000 in fiscal year
6 1996, $305,000,000 in fiscal year 1997, and $80,000,000
7 in fiscal year 1998.
8 "(B) Amounts described in subparagraph (A) of this
9 paragraph are authorized to be appropriated ,vithout fiscal
10 year limitation.
11 "(d) TERlIINATION.-(1) The Attorney General may
12 termina te the Fund at such time as the Attorney General
13 determines that the Fund is no longer necessary.
14 "(2) Any balance in the Fund at the time of its termi-
15 nation shall be deposited in the general fund of the Treas-
16 ury.
17 "( 3) A decision of the Attorney General to terminate
18 the Fund shall not be subject to judicial revie,,,".
19 "SEC. 403. DEFINITIONS.
20 "For purposes of this title, the terms 'agency' and
21 'civil m9netary penalty' have the meanings given to thenl
22 by section 3 of the Federal Civil Penalties Inflation Ad-
23 justment Act of 1990, Public Law 101-410, Oct. 5, 1990,
24 104 Stat. 890 (28 U.S.C. 2461 note).".
o
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•
104TH COXGRESS H R 171 0 1ST SESSIOX • • To combat terrorism.
IN THE HOUSE OF REPRESENTATIVES
l\'lAY 25, 1995
lIr. HYDE (for himself, l'Ir. l\ICCOLLUl1, l\Ir. SliITH of Texas, ~[r. GEKAS,
~Ir. CA.'JADY of Florida, ~Ir. HOKE, and ~Ir. Boxo) introduced the following bill; which was referred to the Committee on the .Judiciary
A BILL To combat terrorism.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Comprehensive
5 Antiterrorism Act of 1995" .
6 SEC. 2. TABLE OF CONTENTS.
7 The table of contents for this Act is as follo\vs:
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. &>t-. 106.
&-e. 107. Sec. 10~.
SC(l. 109. SC('. 110. ~cc. 111.
Sec. 201. Scc. 202. Scc. 20:3. Scc. 204.
Sec. 205.
2
Conspirac~' to hann pcople and propcrty o\'en;cas. Clarifil'ation and e!\1ensiou of criminal jurisdidion o\'cr ccrtain tcrror-
ism offenses o\'crscas. E!\llansion and modification of weapons of mass dcstnlction statutc. Addition of terroriHm offenses to the mOlle~' lmuulcrillg' statutt.'. E!\l>clllSioll of Fl'tleral jurisdietion O\'cr homh threats. Clarifi(~ation of maritimc \;olcnce jUl'iHdiction. Possessiou of stolen e!\lllosh'eH prohihited.
TITLE II-IXCREASED PEXALTIES
~lalldatOl';\' minimum for ccrtain explosh'es offcnscs. Increased pCllalt~· for e!\-plosi\'e conHpiracies. Increased and altenlate conspiracy penalties for terrorism offcnSl'S. ~landatOl';\' penalt), for trclnHferring a firearm knowing' that it will hc
uHed to commit a crime of \;olence. ~Iandatory peJlalt~, for tranHferring an e!\l>losi\'e material knowing
that it will be used to commit a crime of \;olencc. Sec. 206. Directions to sentencing commission.
TITLE III-IXVESTIGATIVE TOOLS
Sec. 301. Interceptions of communications. Sec. 302. Pen registen; and trap and trace de\;ces in foreign couuterintelligem:e
in\'estig-cltions. Sec. :10:3. Disclosure of infonnation and consumer reports to Federal Bureau
of Investigation for foreign counterintelligence pur'poses. Sec. 304. Access to records of common carrien;, public accommodation faeili
ties, ph)'Sical storage facilities and vehicle rental facilities ill foreign counterintelligence and counterterrorism cases.
Sec. :105. Study of tagging explosive materials, rendering explosh'e compollellts inert, and imposing controls of precursors of e!\-plosi\'es.
Scc. 306. Limitation of statutory exclusionary rule concerning intel'cepted wire or oral communications. .
Sec. 307. Authorit), for \\;retaps in any terrorism-related or e!\lllosh'es felony. Sec. 308. Temporary emergency wiretap authority inyoh;ng terroristic crimes. Sec. 309. Expanded authority for multi-point wiretaps. Sec. 310. Enhanced access to telephone billing records. Sec. 311. Requirement to presen'e evidence. Sec. 312. llilitary assistance with respect to offenses iuvol,;ng weapons of mass
destruction. Sec. 313. Detention hearing. Sec. 314. Reward authority of the Attorney General. Sec. 315. Definition of terrorism.
TITLE IV-NVCLEAR ~IA TERL\LS
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. 50:3. Criminal sanctions. Sec. 504. Exceptions. Sec. 505. Im'estigati\'e authority .
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1
3 See. ;)06. Effet'tiw date.
TITLE \l-DDIIGRATIO~-RELATED PHO\18IO~~
~lIhtitle A-Remm'al of Alien Terrorists
PART l-RE)[()\'.\L PROCEDl'RE!'5 FOR .ALIE~ TERHOHI:-;TS
Se('. (iO 1. {{l'monil proeedures for alien ter'ror·ists. ~e(·. HO~. Fundillg for detelltioll and deportation of alien terr-orists
See. 611. Sec. 61~.
Sec. H 1:J,
See. 621. Sec. ()22.
~ec. 6~:~.
:\Iemhership in terrorist org-dnizatiou as ~".ound for' exdllsioll. Denial of aS~'lum to alien terrorists . Denial of other relief for alien terrorists.
Subtitle B-E:q>edited Exclusion
Iuspection and exclusion by immigration officers. ,Iudicial re\ie\\,. Exclusion of aliens who ha\'e not been inspected and admitted.
Subtitle C-Impro\'ed Information and Processing
PART I-hl)nGRATIO~ PnOCEDL'RES
Sec. 6:31. Access to eer·tain confidential I~S files through cour·t order Sec. 6:32. \Yah'er authority cOllcenlillg notice of denial of application for \;sas.
PART 2-As~ET FORFEITl'RE FOR PASSPORT A.,\D VISA OFFE~SES
Sec. 641. Criminal forfeiture for passport and visa related offenses. Sec. 642. Subpoenas for bank records. Sec. 643. Effecth'e date.
TITLE VII-FUXDI~G
Sec. 701. Authorization of appropriations. Sec. 702. Civil monetary pellalty surcharge and telecommunications carrier
compliance payments.
TITLE I-NEW OFFENSES
2 SEC. 101. PROTECTION OF FEDERAL EMPLOYEES •
3 (a) HO)IICIDE.-Section 1114 of title 18, lTnited
4 States Code, is amended to read as follows:
5 "§ 1114. Protection of officers and employees of the
6 United States
7 "vVhoever kills or attempts to kill any officer or em-
8 ployee of the United States or of any agency in any branch
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1 of the United States Government (including any member
2 of the uniformed services) \vhile such officer or employee
3 is engaged in or on account of the performance of official
4 duties, or any person assisting such an officer or employee
5 in the performance of such duties or on account of that
6 assistance, shall be punished, in the case of murder, as
7 provided under section 1111, or in the case of lnan-
8 slaughter, as provided under section 1112, except that any
9 such person \vho is found guilty of attempted nlurder shall
10 be imprisoned for not more than 20 years.".
11 (b) THREATS AGAIXST FOR~IER OFFICERS A.'\D E~I-
12 PLOYEEs.-Section 115(a)(2) of title 18, United States
13 Code, is amended by inserting", or threatens to assault,
14 kidnap, or murder, any person \vho formerly served as a
15 person designated in paragraph (1), or" after "assaults,
16 kidnaps, or murders, or attempts to kidnap or murder".
17 SEC. 102. PROVIDING FINANCIAL SUPPORT TO TERRORIST
18 ORGANIZATIONS.
19 (a) I~ GENERAL.-That chapter 113B of title 18,
20 United States Code, that relates to terrorism. is amended
21 by adding at the end the following:
22 "§ 2339B. Providing financial support to terrorist or-
23 ganizations
24 "(a) OFFE~SE.-\Vhoever, \vithin the United States,
25 kno\vingly provides material support or resources in or af-
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1 migration and Nationality Act (8 U.S.C.
2 1101(a)(22))."; and
3 (2) in subsection (c), by striking the first sen-
4 tence and inserting the follo\ving: "If the victim of
5 an offense under subsection (a) is an internationally
6 protected person outside the United States, the
7 United States may exercise jurisdiction over the of-
8 fense if (1) the victim is a representative, officer,
9 employee, or agent of the United States, (2) an of-
10 fender is a national of the United States, or (3) an
11 offender is aftenvards found in the United States.".
12 (d) PROTECTION OF FOREIG~ OFFICIALS AXD CER-
13 TAI~ OTHER PERso~S.-Section 112 of title 18, United
14 States Code, is amended-
15 (1) in subsection (c), by inserting "national of
16 the United States," before "and"; and
17 (2) in subsection (e), by striking the first sen-
18 tence and inserting the following: "If the victim of
19 an offense under subsection (a) is an internationally
20 protected person outside the United States, the
21 United States may exercise jurisdiction over the of-
22 fense if (1) the victim is a representative, officer,
23 employee, or agent of the United States, (2) an of-
24 fender is a national of the United States, or (3) an
25 offender is afterwards found in the United States.".
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1 scribed in section 101(a)(22) of the Imnlig,.ation
2 and Nationality Act (8 U.S.C. 1101(a)(22)).".
3 (b) DESTRCCTIOX OF AIRCRAFT OH AIH('HAP'r FA-
4 CILITIES.- Section 32(b) of title 18, United States Code,
5 is anlended-
6 (1) by striking ", if the offender is later found
7 in the United States,"; and
8 (2) by inserting at the end the follo\ving the fol-
9 lo\ving: "There is jurisdiction over an offense under
10 this subsection if a national of the United States
11 ,vas on board, or \vould have been on board, the air-
12 craft; an offender is a national of the United States;
13 or an offender is aftenvards found in the United
14 States. For purposes of this subsection, the term
15 'national of the United States' has the meaning pre-
16 scribed in section 10I(a)(22) of the Immigration
17 and Nationality Act.".
18 (c) MURDER OF FOREIGN OFFICIALS ~"D CERTAlX
19 OTHER PERSONS.-Section 1116 of title 18, United
20 States Code, is amended-
21 (1) in subsection (b), by adding at the end the
22 following:
23 "(7) 'National of the United States' has the
24 meaning prescribed in section 10I(a)(22) of the Im-
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1 (b) CLERICAL ~'[EXD:\IE~T.-The item relating to
2 section 956 in the table of sections at the beginning of
3 chapter 45 of title 18, United States Code, is amended
4 to read as follo\vs:
·'9;J(i. COllspirue.\' to kill, kidnap, maim. or i1tjur'e persolls or dUIllClg'l' propl·rt.," ill a foreign (·OUllt!)'.".
5 SEC. 106. CLARIFICATION AND EXTENSION OF CRIMINAL
6 JURISDICTION OVER CERTAIN TERRORISM
7 OFFENSES OVERSEAS.
8 (a) AIRCRAFT PIRACY.-Section 46502(b) of title 49,
9 United States Code, is amended-
10 (1) in paragraph (1), by striking "and later
11 found in the United States";
12 (2) so that paragraph (2) reads as follo\vs:
13 "(2) There is jurisdiction over the offense 111
14 paragraph (1) if-
15 "(A) a national of the United States ,vas
16 aboard the aircraft;
17 "(B) an offender IS a national of the
18 United States; or
19 "(C) an offender is aftenvards found in the
20 United States."; and
21 (3) by inserting after paragraph (2) the follo\v-
22 Ing:
23 "(3) For purposes of this subsection, the term
24 'national of the United States' has the meaning pre-
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1 or maiming if committed in the special maritime and terri-
2 torial jurisdiction of the United States shall, if any of the
3 conspirators commits an act ,vithin the jurisdiction of the
4 United States to effect any object of the conspiracy, be
5 punished as provided in subsection (a)(2).
6 "(2) The punishment for an offense under subsection
7 (a)( 1) of this section is-
8 "(A) imprisonment for any term of years or for
9 life if the offense is conspiracy to murder or kidnap;
10 and
11 "(B) imprisonment for not more than 35 years
12 if the offense is conspiracy to maim.
13 "(b) '\Vhoever, within the jurisdiction of the United
14 States, conspires with one or more persons, regardless of
15 ,vhere such other person or persons are located, to damage
16 or destroy specific property situated within a foreign coun-
17 try and belonging to a foreign government or to any politi-
18 cal subdivision thereof with which the United States is at
19 peace, or any railroad, canal, bridge, airport, airfield, or
20 other public utility, public conveyance, or public structure,
21 or any religious, educational, or cultural property so situ-
22 ated, shall, if any of the conspirators commits an act with-
23 in the jurisdiction of the United States to effect any object
24 of the conspiracy, be imprisoned not more than 25 years.".
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1 (c) STATUTE OF LI~nTATIO~S AlIE~D)IE~T.-Sec-
2 tion 3286 of title 18, United States Code, is amended by-
3 (1) striking "any offense" and inserting "any
4 non-capital offense";
5 (2) striking "36" and inserting "37";
6 (3) striking "2331" and inserting "2332";
7 (4) striking "2339" and inserting "2332a"; and
8 (5) inserting "2332b (acts of terrorism tran-
9 scending national boundaries)," after "( use of \veap-
lOons of mass destruction),".
11 (d) PRESV)IPTIVE DETE~TION.-Section 3142(e) of
12 title 18, United States Code, is amended by inserting ",
13 956(a), or 2332b" after "section 924(c)".
14 SEC. 105. CONSPIRACY TO HARM PEOPLE AND PROPERTY
15 OVERSEAS.
16 (a) IN GENERAL.-Section 956 of chapter 45 of title
17 18, United States Code, is amended to read as follo\vs:
18 "§ 956. Conspiracy to kill, kidnap, maim, or injure
19 persons or damage property in a foreign
20 country
21 "(a)(l) Whoever, within the jurisdiction of the United
22 States, conspires with one or more other persons, regard-
23 less of where such other person or persons are located,
24 to commit at any place outside the United States an act
25 that \vould constitute the offense of nlurder, kidnapping,
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1 "(2) over conduct \vhich, under section 3 of this
2 title, renders any person an accessory after the fact
3 to an offense under subsection (a).
4 "(go) DEFI:;\ITIO:;\S.-As used in this section-
S "(1) the term 'conduct transcending national
6 boundaries' means conduct occurrulg In another
7 country in addition to the conduct occurring in the
8 United States;
9 "(2) the term 'facility of interstate or foreigl1
10 comnlerce' has the meaning given that term in sec-
11 tion 1958(b)(2) of this title;
12 "(3) the term 'serious bodily injury' has the
13 meaning prescribed in section 1365(g)(3) of this
14 title; and
15 "( 4) the term 'territorial sea of the United
16 States'means all \vaters extending sea\vard to 12
17 nautical miles from the baselines of the United
18 States determined in accordance with international
19 law.".
20 (b) CLERICAL A.lIE~D)IE:;\T .-The table of sections
21 at the beginning of the chapter 113B of title 18, United
22 States Code, that relates to terrorism is amended by in-
23 setting after the item relating to section 2332a the follo\v-
24 ing new item:
"2332b. Acts of terrol"ism transcending national boulldaries."
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1 run concurrently \\;th any other tern1 of in1prison-
2 Inent.
3 "(d) LI~IITATIO~ ox PROSECl·TIOX.-No indictlnent
4 shall be soug·ht nor any infornlation filed for any offense
5 described in this section until the Attorney General, or the
6 highest ranking subordinate of the Attorney General \\;th
7 responsibility for criminal prosecutions, makes a \vritten
8 certification that, in the judgment of the certifJ;ng official,
9 such offense, or any activity preparatory to or n1eant to
10 conceal its commission, is terrorism, as defined in section
11 2331 of this title.
12 "(e) PROOF REQrIRE~IEXTS.-
13 "( 1) The prosecution is not required to proye
14 kno\vledge by any defendant of a jurisdictional base
15 alleged in the indictment.
16 "(2) In a prosecution under this section that is
17 based upon the adoption of State la\v, only the ele-
18 ments of the offense under State la,v, and not any
19 provisions pertaining to criminal procedure or evi-
20 dence, are adopted.
21 "(f) EXTRATERRITORL\L JURISDICTIo~.-There IS
22 extraterritorial Federal jurisdiction-
23 "(1) over any offense under subsection (a), in-
24 eluding any threat, attempt, or conspiracy to commit
25 such offense; and
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9
1 this section by death, or by imprisonment for
2 any term of years or for life;
3 "(B) for kidnapping, by imprisonment for
4 any term of years or for life;
5 "(C) for maiming, by imprisonment for not
6 more than 35 years;
7 "(D) for assault \vith a dangerous \veapon
8 or assault resulting in serious bodily injury, by
9 imprisonment for not more than 30 years;
10 "(E) for destroying or damaging any
11 structure, conveyance, or other real or personal
12 property, by imprisonment for not more than
13 25 years;
14 "(F) for attempting or conspiring to com-
15 mit an offense, for any term of years up to the
16 ma.ximum punishment that would have applied
17 had the offense been completed; and
18 "( G) for threatening to commit an offense
19 under this section, by imprisonment for not
20 more than 10 years.
21 "(2) Notwithstanding any other prOVISIon of
22 law, the court shall not place on probation any per-
23 son convicted of a violation of this section; nor shall
24 the term of imprisonment imposed under this section
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1 cial branches, or of any department or agency, of
2 the United States;
3 "( 4) the structure, conveyance, or other real or
4 personal property is, in whole or in part, o,vned, pos-
5 sessed, used by, or leased to the United States, or
6 any department or agency thereof;
7 "(5) the offense is committed in the territorial
8 sea (including the airspace above and the seabed and
9 subsoil belo\v, and artificial islands and fixed struc-
10 tures erected thereon) of the United States; or
11 "( 6) the offense is committed in those places
12 ,vithin the United States that are in the special nlar-
13 itime and territorial jurisdiction of the United
14 States.
15 Jurisdiction shall exist over all principals and co-conspira-
16 tors of an offense under this section, and accessories after
17 the fact to any offense under this section, if at least one
18 of such circumstances is applicable to at least one of-
19 fender.
20 "(c) PENALTIES.-
21 "(1) Whoever violates this section shall be pun-
22 ished-
23 "(A) for a killing or if death results to any
24 person from any other conduct prohibited by
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7
1 "(B) creates a substantial risk of serious
2 bodily injury to any other person by destro~;ng
3 or damaging any structure, conveyance, or
4 other real or personal property \\;thin the
5 United States;
6 in violation of the la\vs of any State or the United
7 States shall be punished as prescribed in subsection
8 (c).
9 "(2) vVhoever threatens to comnlit an offense
10 under paragraph (1), or attempts or conspires to do
11 so, shall be punished as prescribed in subsection (c).
12 "(b) J'CRISDICTIOXAL BASES.-The circumstances
13 referred to in subsection (a) are-
14 "( 1) any of the offenders travels in, or uses the
15 mail or any facility of, interstate or foreign com-
16 merce in furtherance of the offense or to escape ap-
17 prehension after the commission of the offense;
18 "(2) the offense obstructs, delays, or affects
19 interstate or foreign commerce, or \vould have so ob-
20 structed, delayed, or affected interstate or foreign
21 commerce if the offense had been consummated;
22 "( 3) the victim, or intended victim, is the U nit-
23 ed States Government or any official, officer, em-
24 ployee, or agent of the legislative, executive, or judi-
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1 preparation for or in carrying out the concealment or an
2 escape fronl the commission of any such violation, shall
3 be fined under this title, imprisoned not more than ten
4 years, or both.".
5 "(b) DEFIXITIOx.-In this section, the ternl 'nlate-
6 rial support or resources' means currency or other finan-
7 cial securities, financial services, lodging, training,
8 safehouses, false documentation or identification, comnlU-
9 nications equipment, facilities, \veapons, lethal substances,
10 e:X1Jlosives, personnel, transportation, and other physical
11 assets.".
12 SEC. 104. ACTS OF TERRORISM TRANSCENDING NATIONAL
13 BOUNDARIES.
14 (a) OFFEXSE.-Title 18, United States Code, is
15 amended by inserting after section 2332a the follo,ving:
16 "§ 2332b. Acts of terrorism transcending national
17 boundaries
18 "(a) PROHIBITED ACTS.-
19 "(1) Whoever, involving any conduct transcend-
20 lng national boundaries and in a circumstance de-
21 scribed in subsection (b)-
22 "(A) kills, kidnaps, maims, commits an as-
23 sault resulting in serious bodily injury, or as-
24 saults with a dangerous weapon any individual
25 ,vithin the United States; or
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1 fecting interstate or foreign commerce, to any organiza-
2 tion designated by the President under section
3 212(a)(3)(B)(iv) of the Immigration and Nationality,A.ct
4 as a terrorist organization shall be fined under this title
5 or imprisoned not more than 10 years, or both.
6 "(b) DEFIXITION.-As used in this section, the term
7 'material support or resources' has the meaning given that
8 term in section 2339A of this title.".
9 (b) CLERICAL A.)IE~D:\:IENT .-The table of sections
10 at the beginning of chapter 113B of title 18, United
11 States Code, is amended by adding at the end the follo,v-
12 ing ne'v item:
"2339B. Prm;ding financial support to terrorist organizations. tt.
13 SEC. 103. MODIFICATION OF MATERIAL SUPPORT PROVI·
14 SION.
15 Section 2339A of title 18, United States Code, IS
16 amended read as follows:
17 "§ 2339A. Providing material support to terrorists
18 "(a) OFFENSE.-Whoever, ,vithin the United States,
19 provides material support or resources or conceals or dis-
20 guises the nature, location, source, or ownership of mate-
21 rial support or resources, kno\ving or intending that they
22 are to be used in preparation for or in carrying out, a
23 violation of section 32, 37, 351, 844(f) or (i), 956, 1114,
24 1116, 1203, 1361, 1363, 1751,2280,2281,2332, 2332a,
25 or 2332b of this title or section 46502 of title 49, or in
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17
1 (e) THREATS A .. '\D EXTORTIOX AGAI~8T FOHEIG~
2 OFFICL\LS AXD CERTAI~ OTHER PERSO~S.-Section 878
3 of title 18, United States Code, is amended-
4 (1) in subsection (c), by inserting "national of
5 the United States," before "and"; and
6 (2) in subsection (d), by striking- the first sell-
7
8
9
tence and inserting the follo\ving-: "If the victinl of
an offense under subsection (a) is an internationally
protected person outside the United States, the
IOU nited States may exercise jurisdiction over the of-
11 fense if (1) the victim is a representative, officer,
12 enlployee, or agent of the United States, (2) an of-
13 fender is a national of the United States, or (3) an
14 offender is aftenvards found in the United States.".
15 (f) KID~APPI~G OF I~TER~ATIOKALLY PROTECTED
16 PERSoxS.-Section 1201(e) of title 18, United States
17 Code, is amended-
18 (1) by striking the first sentence and inserting
19 the follo\ving: "If the victim of an offense under sub-
20 section (a) is an internationally protected person
21 outside the United States, the United States may
22 exercise jurisdiction over the offense if (1) the victinl
23 is a representative, officer, employee, or agent of the
24 United States, (2) an offender is a national of the
HR 1710 IH-2
18
1 United States, or (3) an offender IS aftenvards
2 found in the United States."; and
3 (2) by adding at the end the follo\ving: "For
4 purposes of this subsection, the term 'national of the
5 United States' has the nleaning prescribed in section
6 101(a)(22) of the Immigration and Nationality Act
7 (8 U.S.C. 1101(a)(22».".
8 (g) VIOLEXCE AT I::\TERXATIO::\AL AIRPORTS.-
9 Section 37(b)(2) of title 18, United States Code, is
10 amended-
11 ( 1) by inserting "(A)" before "the offender is
12 later found in the United States"; and
13 (2) by inserting "; or (B) an offender or a vic-
14 tim is a national of the United States (as defined in
15 section lOl(a)(22) of the Immigration and National-
16 ity Act (8 U.S.C. 110I(a)(22»)" after "the offender
17 is later found in the United States".
18 (h) BIOLOGICAL WEAPONS.-Section 178 of title 18,
19 United States Code, is amended-
20 (1) by striking "and" at the end of paragraph
21 (3);
22 (2) by striking the "period" at the end of para-
23 graph (4) and inserting "; and"; and
24 (3) by adding the following at the end:
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1 "(5) the ternl 'national of the r"nited States'
2 has the Ineaning' prescribed in section 10 1 (a)(~~) of
3 the InlnligTation and Nationality ~\et (8 l~ .S.C.
4 1101(a)(22)).".
5 SEC. 107. EXPANSION AND MODIFICATION OF WEAPONS OF
6 MASS DESTRUCTION STATUTE.
7 Section 2332a of title 18, United States Code, IS
8 anlended-
9 (1) in subsection (a)-
10 (A) by inserting ", \vithout I a\vfu 1 author-
11 ity" after "A person \"ho";
12 (B) by inserting "threatens," before "at-
13 tempts or conspires to use, a \veapon of nU1SS
14 destruction"; and
15 (C) by inserting "and the results of such
16 use affect interstate or foreign commerce or, in
17 the case of a threat, attempt, or conspiracy,
18 would have affected interstate or foreign com-
19 merce" before the semicolon at the end of para-
20 gTaph (2); "
21 (2) in subsection (b), so that subparagTaph (B)
22 of paragraph (2) reads as follows:
23 "(B) any weapon that is designed to cause
24 death or serious bodily injury through the re-
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2
3
20
lease, dissenlination, or impact of toxic or poi-
sonous cheluicals, or their precursors;";
(3) by redesig11atingo subsection (b) as sub-
4 section (c); and
5 (4) by inselting after subsection (a) the fo110\,·-
6 iug ne\\" subsection:
7 "(b) Any national of the United States \vho, \,;thout
8 I a\vfu I authority and outside the United States, uses, or
9 threatens, attenlpts, or conspires to use, a \veapon of nU1SS
10 destruction shall be inlprisoned for any ternl of years or
11 for life, and if death results, shall be punished by death,
12 or by itnprisonment for any term of years or for life.".
13 SEC. 108. ADDITION OF TERRORISM OFFENSES TO THE
14 MONEY LAUNDERING STATUTE.
15 (a) l\tIGRDER AXD DESTRGCTIOX OF PHOPERTY.-
16 Section 1956(c)(7)(B)(ii) of title 18, United States Code,
17 is anlended by striking "or extortion;" and inserting "ex-
18 tortion, murder, or destruction of property by nleans of
19 explosive or fire;" .
20 (b) SPECIFIC OFFEXSES.-Section 1956(c)(7)(D) of
21 title 18, United States Code, is amended-
22 (1) by inserting after "an offense under" the
23 following: "section 32 (relating to the destruction of
24 aircraft), section 37 (relating to violence at inter-
25 national airports), section 115 (relating to influenc-
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21
1 lUg', irnpeding, or retaliating against a Federal ofti-
2 cial by threatening or injuring a faluily Ineruber),";
3 (2) by inserting- after "section 215 (relating' to
4 cOl1unissions or gifts for proeuring' loans)," the fol-
5 lo\\ing: ~'section 351 (relating to COllgTessiollal 01'
6 Cabinet officer assassination),";
7 (3) by inserting after "section 793, 794, or 798
8 (relating to espionage)," the follo\ving: "section 831
9 (relating' to prohibited transactions involving nuclear
10 nlaterials), section 844 (f) or (i) (relating to destruc-
11 tion by e)q)losives or fire of Government property or
12 property affecting interstate or foreign commerce),";
13 (4) by inserting after "section 875 (relating to
14 interstate communications)," the follo\ving: "section
15 956 (relating to conspiracy to kill, kidnap, maim, or
16 injure certain property in a foreign country),";
17 (5) by inserting after "section 1032 (relating to
18 concealment of assets from conservator, receiver, or
19 liquidating agent of financial institution)," the fol-
20 lo\ving: "section 1111 (relating to murder), section
21 1114 (relating to protection of officers and employ-
22 ees of the United States), section 1116 (relating to
23 murder of foreign officials, official guests, or inter-
24 nationally protected persons),";
.HR 1710 m
22
1 (6) by inserting after "section 1203 (relating to
2 hostage taking)" the follo\ving: "section 1:361 (relat-
3 ing to \\;llfhl injury of Governnlent property), sec-
4 tion 1363 (relating to dest111ction of property \\ithin
5 the special maritinle and territorial jurisdiction},";
6 (7) by inserting after "section 1708 (theft fronl
7 themail);"thefollo\\;ng:"section1751 (relating' to
8 Presidential assassination),";
9 (8) by inserting after "2114 (relating to bank
10 and postal robbery and theft)," the follo\\;ng': '·sec-
11 tion 2280 (relating to violence against Inaritilne
12 navigation), section 2281 (relating to violence
13 against maritime fixed platforms),"; and
14 (9) by striking "of this title" and inserting' the
15 follo\ving: "section 2332 (relating to terrorist acts
16 abroad against United States nationals), section
17 2332a (relating to use of \veapons of mass destruc-
18 tion), section 2332b (relating to international terror-
19 ist acts transcending national boundaries), 2339.A.
20 (relating to providing material support to terrorists)
21 of this title, section 46502 of title 49, United States
22 Code," .
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23 1 SEC. 109. EXPANSION OF FEDERAL JURISDICTION OVER
2 BOMB THREATS.
3 Section 844(e) of title 18, United States Code, is
4 aillended by striking "conlnlerce," and inserting "inter
S state or foreig11 commerce, or in or affecting interstate or
6 foreign comnlerce,"
7 SEC. 110. CLARIFICATION OF MARITIME VIOLENCE JURIS-
8 DICTION.
9 Section 2280(b)(I)(A) of title 18, United States
10 Code, is anlended-
11 (1) in clause (ii), by striking "and the acti\;ty
12 is not prohibited as a crime by the State in ,vhich
13 the activity takes place"; and
14 (2) in clause (iii), by striking "the activity takes
15 place 011 a ship flj;ng the flag of a foreign country
16 or outside of the United States,".
17 SEC. 111. POSSESSION OF STOLEN EXPLOSIVES PROHIB-
18 HED.
19 Section 842(h) of title 18, United States Code, IS
20 anlended to read as follo\vs:
21 "(h) It shall be unlawful for any person to receive,
22 possess, transport, ship, conceal, store, barter, sell, dispose
23 of, or pledge or accept as security for a loan, any stolen
24 explosive materials \vhich are moving as, \vhich are part
25 of, \vhich constitute, or \vhich have been shipped or trans-
26 ported in, interstate or foreign commerce, either before or
.BB. 1710 m
24
1 after such materials \vere stolen, kno\ving or ha\;ng rea-
2 sonable cause to believe that the explosive materials \"ere
3 stolen.".
4
5
TITLE II-INCREASED PENALTIES
6 SEC. 201. MANDATORY MINIMUM FOR CERTAIN EXPLO-
7 SIVES OFFENSES.
8 Section 844(f) of title 18, United States Code, IS
9 amendedto read as follo\vs:
10 "(f) \Vhoever damages or destroys, or attenlpts to
11 damage or destroy, by means of fire or an e~lllosi\·e, any
12 personal or real property in \vhole or in part 0\\11ed, pOS-
13 sessed, or used by, or leased to, the United States, or any
14 department or agency thereof, shall be fined under this
15 title or imprisoned for not more than 25 years, or both,
16 but-
17 "( 1) if personal injury results to any person
18 other than the offender, the term of imprisonment
19 shall be not more than 40 years;
20 "(2) if fire or an explosive is used and its use
21 creates a substantial risk of serious bodily injury to
22 any person other than the offender, the term of im-
23 prisonment shall not be less than 20 years; and
24 "(3) if death results to any person other than
25 the offender, the offender shall be subject to the
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25
1 death penalty or inlprisonnlent for anv ternl of veal's .. ~
2 not less than 30, or for life.".
3 SEC. 202. INCREASED PENALTY FOR EXPLOSIVE CONSPIR-
4 ACIES.
5 Section 844 of title 18, United States Code, IS
6 alllended by adding at the end the follo\\;ng:
7 "(n) Except as othenvise provided in this section, a
8 person \vho conspires to commit any offense defined in this
9 chapter shall be subject to the sanIe penalties (other than
10 the penalty of death) as those prescribed for the offense
11 the cOlumission of \vhich \vas the object of the consplr-
12 acy.".
13 SEC. 203. INCREASED AND ALTERNATE CONSPIRACY PEN-
14 ALTIES FOR TERRORISM OFFENSES.
15 (a) TITLE 18 OFFEXSES.-
16 (1) Sections 32(a)(7), 32(b)( 4), 37(a),
17 115(a)(I)(A), 115(a)(2), 1203(a), 2280(a)(I)(H),
18 2281(a)(I)(F), of title 18, United States Code, are
19 each amended by inserting "or conspires" after "at-
20 tempts".
21 (2) Section 115(b)(2) of title 18, United States
22 Code, is amended by striking "or attempted kidnap-
23 ping" both places it appears and inserting ", at-
24 tempted kidnapping, or conspiracy to kidnap".
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1 (3)(A) Section 115(b)(3) of title 18, Lllited
2 States Code, is aluended by striking "or attell1pted
3 nlurder" and inserting", attenlptecl nlurder, or COIl-
4 spiracy to 111urder".
5 (B) Section 115(b)(3) of title 18, United State~
6 Code, is anlended by striking "and 1113" and ill-
7 serting' ", 1113, and 1117".
8 (4) Section 175(a) of title 18, United State~
9 Code, is amended by inserting "or conspires to do
10 so," after "any organization to do so,".
11 (b) AIncRAFT PIRACY.-
12 (1) Section 46502(a)(2) of title 49, United
13 States Code, is anlended by inserting "or conspir-
14 ing" after "attempting".
15 (2) Section 46502(b)(1) of title 49, United
16 States Code, is amended by inserting "or conspiring'
17 to commit" after "committing".
18 SEC. 204. MANDATORY PENALTY FOR TRANSFERRING A
19 FmEARM KNOWING THAT IT WILL BE USED
20 TO COMMIT A CRIME OF VIOLENCE.
21 Section 924(h) of title 18, United States Code, IS
22 amended-
23 (1) by inserting "or having reasonable cause to
24 believe" after "kno\ving"; and
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1 (2) by striking "inlprisoned not nlore than 1 ()
2 years, fined in accordance \\;th this title, or hoth."
3 and inserting "suQject to the saIne penalties as Il1ay
4 be iInposed under subsection (c) on a transferee for
5 a first COIl\;ction for the use or ccu'I);ng' of the fire-
6 arnl.".
7 SEC. 205. MANDATORY PENALTY FOR TRANSFERRING AN
8 EXPLOSIVE MATERIAL KNOWING THAT IT
9 WILL BE USED TO COMMIT A CRIME OF VIO-
10 LENCE.
11 Section 844 of title 18, United States Code, IS
12 anlended by adding at the end the follo\ving:
13 "(n) \Vhoever kno\vingly transfers any e~q)losive Ina-
14 terials, kno\ving or ha'\t;ng reasonable cause to believe that
15 such eA~losive materials \vill be used to commit a critne
16 of violence (as defined in section 924(c)(3) of this title)
17 or drug trafficking crime (as defined in section 924(c)(2)
18 of this title) shall be subject to the same penalties as may
19 be imposed under subsection (h) on a transferee for a first
20 conviction for the use or carrying of the explosive nlate-
21 rials." .
22 SEC. 206. DIRECTIONS TO SENTENCING COMMISSION.
23 The United States Sentencing Commission shall
24 forthwith, in accordance with the procedures set forth in
25 section 21(a) of the Sentencing Act of 1987, as though
.HR 1710 IH
28
1 the authority under that section had not expired, arnend
2 the sentencing guidelines so that the chapter 3 adjustnlent
3 relating to international terrorism also applies to donlestic
4 terrorism.
5 TITLE III-INVESTIGATIVE 6 TOOLS 7 SEC. 301. INTERCEPTIONS OF COMMUNICATIONS.
8 (a) AUTHORIZATION OF IXTERCEPTIOXS IX CERTAIX
9 TERRORIS~I RELATED OFFEXSES.-Section 2516(1) of
10 title 18, United States Code, is amended-
11 (1) by striking "and" at the end of subpara-
12 graph (n);
13 (2) by redesignating subparagTaph (0) as sub-
14 paragraph (q);
15 (3) by inserting after paragraph (n) the follo\v-
16 lng:
17 "(0) any violation of section 842 (relating to ex-
18 plosives violations), section 956 or section 960 (re-
19 lating to certain actions against foreign nations),
20 section 1114 (relating to protection of officers and
21 employees of the United States), section 1116 (relat-
22 ing to murder of foreign officials, official guests, or
23 internationally protected persons), section 1751 (re-
24 lating to Presidential assassination), section 2332
25 (relating to terrorist acts abroad), section 2332a (re-
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29
1 lating to \veapons of mass destruction, section 2332b
2 (relating to acts of terrorism transcending national
3 boundaries), section 23:39A (relatino- to pro\idiuo-'=' '='
4 tnaterial support to terrorists), section 37 (relating
5 to violence at international airports) of title 18,
6 United States Code, or;
7 "(p) any violation of section 46502 of title 49,
8 United States Code; and".
9 (b) REPORTS COXCERXIXG IXTERCEPTED CO:\I:\Il"-
10 XICATIOX8.-Subsection (6) of section 2518 of the United
11 States Code is amended to read as follo\vs:
12 "( 6) \Vhenever an order authorizing interc~ption IS
13 entered under this chapter, the order shall require the at-
14 torney for the Government to file a report \vith the judge
15 \vho issued the order sho\ving \vhat progress has been
16 nlade to\vard achievement of the authorized objective and
17 the need for continued interception. Such report shall be
18 made 15 days after the interception has begun. No other
19 reports shall be made to the judge under this subsection.".
20 SEC. 302. PEN REGISTERS AND TRAP AND TRACE DEVICES
21 IN FOREIGN COUNTERINTELLIGENCE INVES-
22 TIGATIONS.
23 (a) APPLlcATIO~.-Section 3122(b)(2) of title 18,
24 United States Code, is amended by inserting "or foreign
25 eounterintelligence" after "criminal" .
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30
1 (b) ORDEH.-
2 (1) Section 3123(a) of title 18, United States
3 Code, is amended by inserting "or foreign counter-
4 intelligence" after "criminal".
5 (2) Section 3123(b)(l) of title 18, United
6 States Code, is amended in subparagraph (B), by
7 striking "criminal".
8 SEC. 303. DISCLOSURE OF INFORMATION AND CONSUMER
9 REPORTS TO FEDERAL BUREAU OF INVES-
10 TIGATION FOR FOREIGN COUNTERINTEL-
11 LIGENCE PURPOSES.
12 (a) Ix GEXERAL.-Chapter 33 of title 28, United
13 States Code, is amended by adding at the end the fo11o,,·-
14 lng:
15 "§ 540B. Disclosures for counterintelligence purposes
16 "(a) IDE~TITY OF FI~~~CIAL INSTITCTIOXS.-Not-
17 ,vithstanding any provision of the Fair Credit Reporting
18 Act, a consumer reporting agency shall furnish to the Fed-
19 eral Bureau of Investigation the names and addresses of
20 all financial institutions (as that term is defined in section
21 1101 of the Right to Financial Privacy Act of 1978) at
22 ,vhich a consumer maintains or has maintained an ac-
23 count, to the extent that information is in the files of the
24 agency, when presented with a 'vritten request for that
25 information, signed by the Director of the Federal Bureau
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31
1 of Investig'ation, or the Direetor's desig11ee (in a position
2 not lo\ver than Deputy .4\ssistant Director), \"hich certifies
3 COlllpliance \vith this section. The Director or the Direc-
4 tor's designee nlay nlake such a certification only if the
5 Director or the Director's designee has deterlninecl ill \\Tit-
6 ingthat-
7 "( 1) such infornlation is necessary for the COIl-
g duct of an authorized foreign counterintelligence in-
9 vestigation; and
10 "(2) there are specific and articulable facts gi\"-
11 ing reason to believe that the conSluner-
12 "(A) is a foreign po\ver (as defined in sec-
13 tion 101 of the Foreign Intellig'ence Surveil-
14 lance Act of 1978) or a person \"ho is not a
15 United States person (as defined in such sec-
16 tion 101) and is an official of a foreign po\ver;
17
18
19
20
21
22
23
24
or
"(B) is an agent of a foreign po\ver and is
engaging or has engaged in international terror
ism (as that term is defined in section 101 (c)
of the Foreign Intelligence Surveillance Act of
1978) or clandestine intelligence activities that
involve or may involve a violation of criminal
statutes of the United States.
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32
1 "(b) IDEXTIFYIXG IXFOR~L\TIOX.-Not\vithstanding
2 any pro\;sion of the Fair Credit Reporting Act, a
3 consunler reporting agency shall furnish identifying infor-
4 nlation respecting a consunler, limited to nanIe, address,
5 fornler addresses, places of employment, or fornler places
6 of emploYIuent, to the Federal Bureau of Investig'ation
7 \vhen presented \vith a \vritten request, signed by the Di-
8 rector or the Director's designee, \vhich certifies conlpli-
9 ance \vith this subsection. The Director or the Director's
10 designee may make such a certification only if the Director
11 or the Director's designee has determined in \vriting
12 that-
13 "(1) such information is necessary to the con-
14 duct of an authorized foreign counterintelligence in-
15 vestigation; and
16 "(2) there is information gn7}ng reason to be-
17 lieve that the consumer has been, or is about to be,
18 in contact with a foreign power or an agent of a for-
19 eign po\ver (as defined in section 101 of the Foreign
20 Intelligence Surveillance Act of 1978).
21 "(c) COURT ORDER FOR DISCLOSURE OF COXSU:\IER
22 REPORTS.-Notwithstanding any provision of the Fair
23 Credit Reporting Act, if requested in writing by the Direc-
24 tor of the Federal Bureau of Investigation, or a designee
25 of the Director, a court may issue an order ex parte direct-
.RR 1710 IH
33
1 ing a consunler reporting agency to furnish a conSluner
2 report to the Federal Bureau of InYestig'ation, upon a
3 sho\\ing in canlera that-
4 "( 1) the consumer repolt is necessary for the
5 conduct of an authorized foreign counterintelligence
6 investigation; and
7 "(2) there are specific and articulable facts giy-
8 lng reason to believe that the consunler \vhose
9 conSUlner report is sought-
10 "(A) is an agent of a foreign po\ver; and
11 "(B) is engaging or has engaged in inter-
12 national terrorism (as that term is defined in
13 section 2331 of this title) or clandestine intel-
14 ligence activities that involve or may involve a
15 violation of criminal statutes of the United
16 States.
17 The terms of an order issued under this subsection shall
18 not disclose that the order is issued for purposes of a
19 counterintelligence investigation.
20 "'(d) CONFIDENTIALITY.-No consumer reporting
21 ag'ency or officer, employee, or agent of a consumer report-
22 ing agency shall disclose to any person, other than those
23 officers, employees, or agents of a consumer reporting
24 agency necessary to fulfill the requir~ment to disclose in-
25 formation to the Federal Bureau of Investigation under
HR 1710 IH-3
34
1 this section, that the Federal Bureau of Investigatioll has
2 sought or obtained the identity of financial institutions or
3 a consunler report respecting any consurner under sub-
4 section (a), (b), or (c) and no consumer reporting' ag'Clley
5 or officer, employee, or agent of a COnSUll1er reporting-
6 agency shall include in any consumer report any illf'ornlCl-
7 tion that \vould indicate that the Federal Bureau of Inyes-
8 tigation has sought or obtained such information or a
9 consumer report.
10 "(e) PAY1IEXT OF FEES.-The Federal Bureau of
11 Investigation shall, subject to the availability of appropria-
12 tions, pay to the consumer reporting agency asselllbling'
13 or providing- reports or information in accordance "ith
14 procedures established under this section, a fee for reilll-
15 bursenlent for such costs as are reasonably necessary and
16 \vhich have been directly incurred in searching', reproduc-
17 ing, or transporting books, papers, records, or other data
18 required or requested to be produced under this section.
19 "(f) LI:\IIT OX DISSE:\IIXATIO~.-The Federal Bu-
20 reau of Investigation may not disseminate information ob-
21 tained pursuant to this section outside of the Federal Bu-
22 reau of Investigation, except to the Department of Justice
23 . as nlay be necessary for the approval or conduct of a for-
24 eign counterintelligence investigation, or, \vhere the infor-
25 mation concerns a person subject to the U niforlu Code of
-HR 1710 Of
35
1 l\Iilitary Justice, to appropriate investigative authorities
2 "ithin the 111ilitary department concerned as Illay be nec-
3 essary for the conduct of a joint foreign counterintel-
4 lig'ence investig·ation.
5 "(g') RCLES OF COXSTRCCTIOX.-Nothing' in this
6 section shall be construed to prohibit information frol11
7 being furnished by the Federal Bureau of Investigation
8 pursuant to a subpoena or court order, or in connection
9 \\;th a judicial or adnlillistrative proceeding to enforce the
10 provisions of this Act. Nothing in this section shall be con-
11 strued to authorize or permit the ,vithholding' or infor111a-
12 tion froln the CongTess.
13 "(h) REPORTS TO COXGRESS.-In January of each
14 year, the Attorney General, shall report to the CongTess
15 concerning all requests made pursuant to subsections (a),
16 (b), and (c) during the preceding year.
17 "(i) DAJL\GES.-Any agency or departnlent of the
18 United States obtaining or disclosing any consumer re-
19 ports, records, or information contained therein in viola-
20 tion of this section is liable to the consumer to ,vhom such
21 consumer reports, records, or information relate in an
22 amount equal to the sum of.-
23 "( 1) $100, ,vithout regard to the volume of
24 COnSU111er reports, records, or information involved;
-1m 1710 m
j
L
36
1 "(2) any actual damages sustained by tIll'
2 consumer as a result of the disclosure;
3 "(3) if the violation is found to have been \\;11-
4 ful or intentional, such punitive danlages as a court
5 may allo\v; and
6 "( 4) in the case of any successful action to Cll-
7 force liability under this subsection, the costs of the
8 action, together ,,;th reasonable attorney fees, as de-
9 ternlined by the court.
10 "(j) DISCIPLIXARY ACTIOXS FOR VIOLu\TIOX::-;.-If a
11 court deternlines that any agency or department of the
12 United States has "iolated any provision of this section
13 and the court finds that the circnnlstances surrounding
14 the violation raise questions of \vhether or not an officer
15 or employee of the agency or department acted \villfully
16 or intentionally \vith respect to the violation, the ag'ency
17 or department shall promptly initiate a proceeding to de-
18 termine \vhether or not disciplinary action is \varranted
19 against the officer or employee who \vas responsible for
20 the violation.
21 "(k) GOOD-FAITH EXCEPTIOX.-Not\\;thstanding
22 any other provision of the Fair Credit Reporting Act, any
23 consumer reporting agency or agent or employee thereof
24 making disclosure of consumer reports or identifying in-
25 formation pursuant to this subsection in good-faith reli-
-RR 1710 m
37
1 ance upon a celtification of the Federal Bureau of Inyes-
2 tigation pursuant to provisions of this section shall not
3 be liable to any person for such disclosure under the Fair
4 Credit Reporting .t\ct, the constitution of allY State, or allY
5 la,," or regulation of any State or any political subdi\isioll
6 of any State.
7 "(I) LI~IITATIOX OF RE:\[EDIES.-Nohvithstancling'
8 any provision of the Fair Credit Reporting Act, the reln-
9 edies and sanctions set forth in this section shall be the
10 only judicial renledies and sanctions for \iolation of this
11 section.
12 "(nl) L~\JCXCTIYE RELIEF.-In addition to any other
13 renledy contained in this section, injunctive relief shall be
14 available to require cOlnpliance \\ith the procedures of this
15 section. In the event of any successful action under this
16 subsection, costs tog'ether \vith reasonable attorney fees,
17 as determined by the court, may be recovered
18 "(n) DEFIXITIoxs.-Any term used in this section
19 that is defined for the purposes of the Fair Credit RepOlt-
20 iug Act shall have the meaning given that term for those
21 purposes.".
22 (b) CLERICAL A..'IEXD)[E:\T .-The table of sections
23 at the beginning of the Fair Credit Reporting Act (15
24 U.S.C. 1681a et seq.) is alnended by adding after the item
25 relating to section 623 the follo\ving:
"624. Disclosures to ~"BI for' couuterintelligence purposes." .
• HR 1710 m
38
1 SEC. 304. ACCESS TO RECORDS OF COMMON CARRIERS,
2 PUBLIC ACCOMMODATION FACILITIES, PHYS-
3 ICAL STORAGE FACILITIES AND VEmCLE
4 RENTAL FACILITIES IN FOREIGN COUNTER-
S INTELLIGENCE AND COUNTERTERRORISM
6 CASES.
7 (a) Ix GEXEHAL.-Title 18, United States Code, is
8 anlended by inserting after chapter 121 the follo\,;ng ne,,'
9 chapter:
10 "CHAPTER 122-ACCESS TO CERTAIN RECORDS
"Sec. "2720. Access to records of common carriers, puhlic accommodation fa<·il
itics, physical storage facilities, and \'ehicle rental faeilitics ill counterintelligence and counterterrorism cases.
11 "§ 2720. Access to records of common carriers, public
12
13
14
accommodation facilities, physical stor
age facilities, and vehicle rental facilities
in counterintelligence and
15 counterterrorism cases
16 "(a) Any common carrier, public accommodation fa-
17 cility, physical storage facility, or vehicle rental facility
18 shall conlply \,,;th a request for records in its possession
19 made pursuant to this section by the Federal Bureau of
20 Investigation \vhen the Director or the Director's designee
21 (in a position not lower than Assistant Special Agent in
22 Charge) certifies in \vriting to the common carrier, public
23 accommodation facility, physical storage facility, or vehicle
-RR 1710 DI
39
1 rental facility that such records are sought for foreign
2 counterintelligence purposes and that there are specific
3 and articulable facts giving reason to believe that the per-
4 son or an ag'ent of a foreig11 po\ver as defined ill section
5 IO I of the Foreig11 Intelligence Surveillance .£\ct (;-)0
6 U.S.C. 1801).
7 "(b)( I) Except as othernlse provided in the sub-
8 section, no conlmon carrier, public accomnlodation facility,
9 physical storage facility, or vehicle rental facility, or allY
10 officer, enlployee, or agent of such conlmon carrier, public
11 acconlnlodation facility, physical storage facility, or vehicle
12 rental facility shall disclose to any person any infornuttion
13 about that request.
14 "(2) The prohibition of this subsection does not apply
15 to a disclosure to those officers, agents, or employees of
16 the comnlon carrier, public accommodation facility, phys-
17 ical storage facility, or vehicle rental facility necessary to
18 fulfill the requirement to disclose the i.nformation to the
19 Federal Bureau of Investigation under this section,
20 "( 3) The prohibition of this subsection ends 180 days
21 after the request is made under subsection (a), unless the
22 Director or the Director's designee certifies in writing, at
23 the beginning of each succeeding 180-day period, to the
24 recipient of the request that the continu(1,tion of the prohi-
-11K 1710 m
40
1 bition during that period is necessary to the success of
2 an ongoing inyestigation.
3 "( c) A~ used in this section-
4 "( 1) the term 'comnlon carrier' has the nlean-
5 Ing given that term in section 10102 of title 49,
6 United States Code, and also includes an air carrier
7 (as defined in section 40102 of title 49, United
8 States Code) and a private commercial interstate
9 carrIer for the delivery of packages and other ob-
10 jects;
11 "(2) the term 'public accommodation facility'
12 means any inn, hotel, motel, or other establishnlent
13 \vhich provides lodging to transient guests;
14 "( 3) the term 'physical storage facility' nleans
15 any business or entity \vhich provides space for the
16 storage of goods or materials, or services related to
17 the storage of goods or materials, to the public or
18 any segment thereof; and
19 "( 4) the term 'vehicle rental facility' means any
20 person or entity \vhich provides vehicles for rent,
21 lease, loan, or other similar use to the public or any
22 segment thereof.".
23 (b) CLERICAL ~IEXD:\IExT.-The table of chapters
24 for part I of title 18, United States Code, is amended by
.RR 1710 m
41
1 inserting after the item relating to chapter 121 the follo\\"-
2 ing ne\v item:
"122. Access to certain records .................................................... 2729".
3 SEC. 305. STUDY OF TAGGING EXPLOSIVE MATERIALS, REN-
4 DERING EXPLOSIVE COMPONENTS INERT,
5 AND IMPOSING CONTROLS OF PRECURSORS
6 OF EXPLOSIVES.
7 (a) STUDY.-The Attorney General, in consultation
8 ,vith other Federal, State and local officials ,vith e)..~ertise
9 in this area and such other individuals as the Attorney
10 General deems appropriate, shall conduct a study concern-
11 lUg-
12 (1) the tagging of e)..lllosive nlaterials for pur-
13 poses of detection and identification;
14 (2) \vhether common chemicals used to manu-
15 facture explosive materials can be rendered inert and
16 \vhether it is feasible to require it; and
17 (3) \vhether controls can be imposed on certain
18 precursor chemicals used to manufacture e)..lllosive
19 materials and \vhether it is feasible to require it.
20 (b) REPORT.-Not later than 180 days after the date
21 of the enactment of this Act, the Attorney General shall
22 submit to the Congress a report that contains the results
23 of the study required by this section. The Attorney Gen-
24 eral shall make the report available to the public .
• HR 1710 m
42
1 SEC. 306. LIMITATION OF STATUTORY EXCLUSIONARY
2 RULE CONCERNING INTERCEPTED WIRE OR
3 ORAL COMMUNICATIONS.
4 Section 2515 of title 18, United States Code, is
5 amended by adding at the end the follo\vingo: "This section
6 shall not apply to the disclosure by the United States in
7 a criminal trial or hearing or before a gTand jury of the
8 contents of a \vire or oral communication, or evidence de-
9 rived therefrom, unless the violation of this chapter in-
10 volved bad faith by la\v enforcenlent.' ,
11 SEC. 307. AUTHORITY FOR WIRETAPS IN ANY TERRORISM·
12 RELATED OR EXPLOSIVES FELONY.
13 (a) DEFINITIO~ OF "ELEC'l'RO:\IC CO:\L\IC:\ICA-
14 TIOX" .-Section 2510(12) of title 18, United States Code,
15 is amended-
16 ( 1) by striking or" at the end of subparagraph
17 (B);
18 (2) by inserting "or" at the end of subpara-
19 graph (c); and
20 (3) by adding a ne\v subparagraph (D), as fol-
21 lo\vs:
22 "(D) information stored in a communications system
23 used for the electronic storage and transfer of funds;"
24 . (b) DEFINITIOX OF "READILY ACCESSIBLE TO THE
25 GEXERAL prBLIC".-Section 2510(16) of title 18, United
26 States Code, is amended-
.RR 1710 m
43
1 (1) by inserting "or" at the end of subpara-
2 gTaph (D);
3 (2) by striking "or" at the end of subparagTaph
4 (E); and
5 (3) by striking subparagTaph (F).
6 SEC. 308. TEMPORARY EMERGENCY WIRETAP AUTHORITY
7 INVOLVING TERRORISTIC CRIMES.
8 (a) SECTIOX 2518.-Section 2518(7)(a) of title 18,
9 United States Code, is anlended-
10 (1) by striking' "or" at the end of subparag1'aph
11 (ii); and
12 (2) by inserting after subparagraph (ii) the fol-
13 lo\ving:
14 "(iii) conspiratorial activities involving do-
15 nlestic terrorism or international terrorism (as
16 that term is defined in section 2331 of this
1 7 title), or"; and
18 (3) by redesignating existing subparagTaph (iii)
19 as subparagraph (iv).
20 (b) DEFIXITIOK OF DO:\IESTIC TERRORISl\I.-Section
21 2510 of title 18, United States Code, is amended.-
22 (1) by striking "and" at the end of paragraph
23 (17);
24 (2) by striking the period at the end of para-
25 graph (18) and inserting' "; and"; and
-DR 1710 m
44
1 (3) by inserting after paragraph (18) the fol-
2 lo,,,;ng':
3 "( 19) 'domestic terrorisnl' nleans terrorisnl, as
4 defined in section 2331 of this title, that occurs
5 primarily inside the territorial jurisdiction of the
6 United States,".
7 SEC. 309. EXPANDED AUTHORITY FOR ROVING WIRETAPS.
8 Section 2518(11) of title 18, United States Code, is
9 amended to read as follo,vs:
10 "(11) The requirements of subsections (1)(b)(11) and
11 (3)(d) of this section relating to the specification of facili-
12 ties from ,vhich or the place ,vhere the communication is
13 to be intercepted to do not apply if, in the case of an appli-
14 cation ,vith respect to the interception of oral, ,vire, or
15 electronic communications-
16 "(a) the application is by a Federal investiga-
17 tive or la\v enforcement officer, and is approved by
18 the Attorney General, the Deputy Attorney General,
19 the Associate Attorney General, or an Assistant At-
20 torney General (or an official acting in any such ca-
21 pacity);
22 "(b) the application contains a full and conl-
23 plete statement as to ,vhy such specification is not
24 practical and identifies the person committing the
.RR 1710 m
45
1 offense and \vhose comnulnications are to be inter-
2 cepted; and
3 "(c) the judge finds that such specification IS
4 not practicaL".
5 SEC. 310. ENHANCED ACCESS TO TELEPHONE BILLING
6 RECORDS.
7 (a) SECTIOX 2709.-Section 2709(b) of title 18,
8 United States Code, is amended-
9 (1) in paragraph (l)(A), by inserting "local and
10 long distance" before "toll billing records"
11 (2) by striking "and" at the end of paragraph
12 (1);
13 (3) by striking the period at the end of para-
14 graph (2) and inserting "; and"; and
15 ( 4) by adding at the end a new paragraph (3),
16 as follows:
17 "(3) request the name, address, length of serv-
18 Ice, and local and long distance toll billing records
19 of a person or entity if the Director or the Director's
20 designee (in a position not lower than Deputy As-
21 sistant Director) certifies in writing to the wire or
22 electronic communication service provider to which
23 the request is made that the information sought is
24 relevant to an authorized domestic terrorism lnves-
25 tigation." .
• HR 1710 UI
46
1 (b) SECTIOX 2703.-Section 2703(c)(1)(C) of title
2 18, United States Code, is anlended by inserting "local
3 and long distance" before "telephone toll billing records".
4 SEC. 311. REQUIREMENT TO PRESERVE EVIDENCE.
5 Section 2703 of title 18, United States Code, IS
6 amended by adding at the end the follo\\;ng:
7 "(f) REQCIRE~IE~T TO PRESERVE E\1DE~CE.-A
8 provider of ,,,ire or electronic communication senices or
9 a remote computing service, upon the request of a govern-
10 mental entity, shall take all necessary steps to presen·e
11 records, and other evidence in its possession pending the
12 issuance of a court order or other process. Such records
13 shall be retained for a period of gO days, ,vhich period
14 shall be extended for an additional gO-day period upon a
15 rene\ved request by the governmental entity."
16 SEC. 312. MILITARY ASSISTANCE WITH RESPECT TO OF-
17 FENSES INVOLVING WEAPONS OF MASS DE-
18 STRUCTION.
19 (a) REQUEST FOR AsSISTAXCE.-The Attorney Gen-
20 eral may request the Secretary of Defense to provide tech-
21 nical and logistical assistance by civilian and military per-
22 sonnel of the Department of Defense in support of Depart-
23 ment of Justice activities relating to offenses involving
24 \veapons of mass destruction (as defined in section 2332a
.HR 1710 m
47
1 of title 18, United States Code) if the l"\.ttornev General '"
2 deternlines that-
3 (1) such assistance IS needed to counter the
4 threat posed by such a ,veapon or to enforce the
5 criminal la,vs relating to such ,veapons; and
6 (2) civilian la,v enforcement expertise IS not
7 available to provide the required assistance.
8 (b) PROVISIO~ OF AsSISTA..,\CE.-The Secretary of
9 Defense shall provide such assistance unless doing so
10 \vould adversely affect the nlilitary preparedness of the
11 United States.
12 (c) AsSISTAXCE TO EXCLCDE ARREST OR APPRE-
13 HE~SIOX .-For the purposes of this section, the tern1
14 "technical and logistical assistance" does not include the
15 apprehension or arrest of any person.
16 (d) REI~IBCRSE:\[EKT.-The Secretary of Defense
17 may require reimbursement as a condition of providing as-
18 sistance under this section.
19 (e) DELEGATIox.-The Attorney General may dele-
20 gate a function under this section only to a Deputy Attor-
21 ney General, Associate Attorney General, or Assistant At-
22 torney General.
23 SEC. 313. DETENTION HEARING.
24 Section 3142(f) of title 18, United States Code, is
25 amended by inserting "(not including any intermediate
.RR 1710 IH
48
1 Saturday, Sunday, or legal holiday)" after "five days" and
2 after "three days".
3 SEC. 314. REWARD AUTHORITY OF THE ATrORNEY GEN-
4 ERAL.
5 (a) 1:'\ GE:,\ERAL.-Title 18, United States Code, is
6 amended by striking sections 3059 through 3059A and in-
7 serting the follo\ving:
8 "§ 3059 Reward authority of the Attorney General
9 "(a) The Attorney General may pay re\vards and re-
10 ceive from any department or agency, funds for the pay-
11 ment of re\vards under this section, to any individual \vho
12 provides any information unkno\VIl to the Government
13 leading- to the arrest or prosecution of any individual for
14 Federal felony offenses.
15 "(b) If the re\vard exceeds $100,000, the Attorney
16 General shall give notice of that fact to the Senate and
17 the House of Representatives not later. than 30 days after
18 authorizing the payment of the reward,.
19 "( c) A determination made by the Attorney General
20 as to \vhether to authorize an award under this section
21 and as to the amount of any reward authorized shall be
22 final and conclusive, and no court shall have jurisdiction
23 to review it.
24 "(d) If the Attorney General determines that the
25 identity of the recipient of a re\vard or of the members
-HR 1710 IH
•
49
1 of the recipient's inlmediate family must be protected, the
2 Attorney General may take such nleasures in cOllnection
3 "ith the paylllent of the re,vard as the Attorney General
4 deenls necessary to effect such protection.
5 "(e) No officer or enlployee of any governlllental Cll-
6 tity lnay receive a re,vard under this section for conduct
7 in perfornlance of his or her official duties.
8 "(f) Any individual (and the inlmediate family of such
9 individual) \vho furnishes information ,vhich ,vould justify
10 a re,vard under this section or a re\vard by the Secretary
11 of State under section 36 of the State Department Basic
12 Authorities Act of 1956 may, in the discretion of the At-
13 torney General, participate in the Attorney General's \vit-
14 ness security program under chapter 224 of this title.".
15 (b) CLERICAL A.'IE!\D:\[E~T .-The table of sections
16 at the beginning of chapter 203 of title 18, United States
17 Code, is amended by striking the items relating to section
18 3059 and 3059A and inserting the following new item:
"3059. Reward authority of the Attonaey General." .
19 (c) CONFOR:\UKG &,\IENDl\tIENT.-Section 1751 of
20 title 18, United States Code, is amended by striking sub-
21 section (g).
22 SEC. 315. DEFINITION OF TERRORISM.
23 Section 2331 of title 18, United States Code, IS
24 anlended-
25 ( 1) so that paragraph (1) reads as follows:
HR 1710 IH-4
50
1 "(1) the term 'terrorisnl' means the use of force
2 or violence in violation of the criminal Ia\vs of the
3 United States or of any State, or that \vould be in
4 violation of the criminal la\vs of the United States
5 or of any State if committed "tithin the jurisdiction
6 of the United States or that State that appears to
7 be intended to achieve political or social ends by-
8 "(A) intimidating or coercing a segment of
9 the population;
10 "(B) influencing or coercing a goyernmellt
11 official or officials; or
12 "(C) affecting the conduct of a government
13 through assassination or kidnapping';";
14 (2) by inserting after paragraph (1) the follo\v-
15 lng:
16 "(2) the term 'international terrorism' means
17 terrorism that occurs primarily outside the terri-
18 torial jurisdiction of the United States, or tran-
19 scends national boundaries in terms of the means by
20 which it is accomplished, the persons it appears in-
21 tended to intimidate or coerce, or the locale in which
22 its perpetrators operate or seek asylum;"; and
23 (3) by redesignating existing paragraphs (2)
24 through (4) as paragraphs (3) through (5), respec-
25 tively .
• HR 1710 m
51
1 TITLE IV-NUCLEAR MATERIALS 2 SEC. 401. EXPANSION OF NUCLEAR MATERIALS PROHIBI-
3 TIONS.
4 (a) EXPAXHIOX OF SCOPE AXD ,,]t·HIHDH'T[()X.\L
5 BAHEs.-Section 831 of title 18, United States Code, is
6 cunended-
7 (1) in subsection (a), by striking "nuclear Inate-
8 rial" each place it appears and inserting' "nuclear
9 nU1.terial or nuclear byproduct material";
10 (2) in subsection (a)(l)(A), by inserting "01' the
11 environnlent" after "property";
12 (3) so that subsection (a)(l)(B) reads as fol-
13 lo\ys:
14 "(B)(i) circunlstances exist \vhich are likely
15 to cause the death of or serious bodily injury to
16 any person or substantial danlage to property
17 or the environment; or (ii) such circumstances
18 are represented to the defendant to exist;";
19 (4) in subsection (a)(6), by inserting "or the
20 environment" after "property";
21 (5) so that subsection (c)(2) reads as follo\vs:
22 "(2) an offender or a victim is a national of the
23 United States or a United States corporation or
24 other legal entity;";
.RR 1710 m
1 (6) in subsection (c)(3), by strikillg ~'Ht thp
2 tillle of the offense the uuclear Inaterial is in llse,
3 storag'e, 01' transport, for peaceful purposes, and";
4 (7) by striking' "or" at the end of' SUhSl~(~tion
5 (c)(3);
6 (8) In subsection (c)(4), by striking' '~llu('lear
7 Inaterial for peaceful purposes" and inserting' "nu-
8 clear 111aterial or nuclear b)l)roduct nlaterial";
9 (9) by striking the period at the end of suh-
10 section (c)(4) and inserting "; or";
11 (10) by adding' at the end of subsection (c) the
12 follo\\;ng:
13 "(5) the governnlental entity under subsectioll
14 (a)(5) is the United States or the threat under sub-
15 section (a)(6) is directed at the United States,";
16 (11) in subsection (f)(I)(A), by striking "\\;th
17 an isotopic concentration not in excess of 80 percent
18 plutoniu111 238";
19 (12) in subsection (f)(I)(C) by inserting "en-
20 riched uranium, defined as" before "uranium";
21 (13) in subsection (f), by redesignating para-
22 graphs (2), (3), and (4) as (3), (4), and (5), respec-
23 tively;
24 ( 14) by inserting after subsection (f) ( 1) the
25 follo\\ing:
.RR 1710 m
;):3
1 H(~) the terln 'nuclear byproduct 111att'l'ial'
2 llleans Cln,\' lnaterial containing' any radioactiyl' iso-
3 tope created thl'oug:h an irradiation prO('ess in the
4 operation of a nuclear reactor 01' accelenlt()l';";
5 ( 15) by striking' "and" at the end of Sll bSl,(·t ion
6 (f)( 4), as redesig11ated;
7 ( 1 ()) by striking the period at the end of sub-
8 section (f)(5), as redesig11ated, and inserting' a SlAllli-
9 colon; and
10 (17) by adding at the end of subsection (f) the
11 follo\\;ng':
12 '"(6) the ternl 'national of the United States'
13 has the Ineaning prescribed in section 101(a)(22) of
14 the InunigTation and Kationality .4\ct (8 lLS.C,
15 1101 (a)(22)); and
16 "( 7) the term 'United States corporation 01'
17 other legal entity' means any corporation or other
18 entity organized under the la\vs of the United States
19 or any State, district, comnl0n\vealth, territory or
20 possession of the United States." .
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1 TITLE V-CONVENTION ON THE 2 MARKING OF PLASTIC EXPLO-3 SIVES 4 SEC. 501. DEFINITIONS.
5 Section 841 of title 18, lTllited Statl)S COdll• is
6 aluellded by adding at the end the follo\\illg' He\\" suh-
7 sections:
8 "( 0) 'CollYention on the lVlarking of PlastiC' E:q>lo-
9 siyes' Uleans the Conyention on the l\Iarkillg' of Plastic Ex-
10 plosives for the Purpose of Detection, Done at Jlontl'eal
lIon 1 l\Iarch 1991.
12 "(p) 'Detection agent' Uleans anyone of the suh-
13 stances specified in this subsection \vhen introduced into
14 a plastic e~l)losiye or formulated in such e~l)losiye as a
15 part of the luanufacturing process in such a UUlnner as
16 to achieve homogeneous distribution in the finished explo-
17 sive, including-
18 "(1) Ethylene g'lycol dinitrate (EGDN"),
19 C2H4(N03)2, molecular ,veight 152, \,,'hen the luini-
20 Ulunl concentration in the finished e~l)losiye is 0.2
21 percent by nlass;
22 "(2) 2,3-Dimethyl-2,3-dinitrobutane (Dl\INB),
23 C6H12(N02)2, molecular ,veight 176, ,,-hen the luini-
24 UlUUl concentration in the finished e~lJlosiye is 0.1
25 percent by nlass;
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9
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1 1
Para-:\IoIlollitrotoluelle
C7H7~02, Inolecular ""eig-ht 1:37, \\"hen the nlininltUH
concentration ill the finished e:·q>losiYe is 0.;) perrent
by nl<lSS;
"(4) Ortho-l\Ionollitrotoluene (o-:\IXT),
C7H7N02, nlolecular \\"eig'ht 1:37, \\"hen the Inillinltul1
concentration in the finished e:q)iosiYe is 0.5 percent
by nlass; and
"( 5) any other substance in the concentration
specified by the Secretary, after consultation \\ith
the Secretary of State and the Secretary of Defense,
12 \vhich has been added to the table in part 2 of the
13 Technical Annex to the Convention on the l\Iarking
14 of Plastic E~1>losives.
15 "(q) 'Plastic explosive' means an explosive material
16 In flexible or elastic sheet form fornltllated \vith one or
17 nlore high explosives \vhich in their pure form have a
18 vapor pressure less than 10 - 4 Pa at a tenlperature of
19 25°C., is formulated ,vith a binder material, and is as a
20 mixture malleable or flexible at normal room tenlpera-
21 ture.".
22 SEC. 502. REQumEMENT OF DETECTION AGENTS FOR
23 PLASTIC EXPLOSIVES.
24 Section 842 of title 18, United States Code, IS
25 anlended by adding at the end the follo\ving:
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1 ""(1) It shall be Ullla\\TUI for any person to llHtllUfat-
2 ture any plastic e~q)losiye \\Ohich does not contain a detee-
3 tioll Clgellt.
4 "'(tn)(l) it shall be unla"Tul for all~· perSOll to irnpol"t
5 or bring- into the United States, or e~l)ort frOtH the to uited
6 States, any plastic e~l)losiye \\"hich does not contain a de-
7 tection ag·ent.
8 H(2) During- the 15-year period that beg-ins \\"ith the
9 date of entry into force of the Conyention on the Jlarkillg"
10 of Plastic E~l)losiyes \vith respect to the United Htates,
11 paragTaph (1) shall not apply to the inlportation or bring-
12 ing into the U llited States, or the e~l)ortation frOtH the
13 United States, of any plastic e~'"Plosive \vhich \\'cUi ill1-
14 ported, broug-ht into, or nlanufactured in the United
15 States before the effective date of this subsection by or
16 on behalf of any agency of the United States perfornlingo
17 luilitary or police functions (including any military Re-
18 serve component) or by or on behalf of the National Guard
19 of any State.
20 "(n)(l) It shall be unla\\ful for any person to ship,
21 transport, transfer, receive, or possess any plastic e~'"Plo-
22 sive \vhich does not contain a detection agent.
23 "(2)(A) During the 3-year period that begins on the
24 effective date of this subsection, paragTaph (1) shall not
25 apply to the shipment, transportation, transfer, receipt, or
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1 possession of allY plastic explosi\"e, \\'hieh \\'as illlPOI'tt'(l,
2 brollg'ht illto, or Iluulufaetured ill the l'" llited Htatt1s het'ol't·
3 sneil llffeeti\'e date by allY person,
4 "(B) During' the 15-yeal' period that hl·g'ins Oil thp
5 date of elltry into force of the Con\"entioll 011 the Jlal'kill~r
6 of Plastic E:q)losiYes ,,;th respect to the C"nited Htates,
7 paragTaph (1) shall not apply to the shiprnent, tl'ClnSpOr-
8 tation, transfer, receipt, or possession of any plastic explo-
9 siYe, "'hich \\'as illlported, brought into, or nutIlufaetul'ed
lOin the l~ nited States before the effectiYe date of this snb-
11 section by or on behalf of any agency of the United States
12 perfornling' a nlilitary or police function (including' allY
13 Inilitary reserye conlponent) or by or on behalf of the Na-
14 tional Guard of any State,
15 "(0) It shall be unla\vful for any perSOll, other than
16 an agency of the United States (including any Inilitary re-
17 serve component) or the National Guard of any State, pos-
18 sessing any plastic explosive on the effective date of this
19 subsection, to fail to report to the Secretary ,,;thin 120
20 days after the effective date of this subsection the quantity
21 of such explosives possessed, the manufacturer or inl-
22 porter, any nlarks of identification on such explosives, and
23 such other information as the Secretary nlay by regllla-
24 tions prescribe,".
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1 SEC. 503. CRIMINAL SANCTIONS.
2 Section 844( a) of title 18, United States Code, IS
3 alnended to read as follo\vs:
4 "(a) .. :-\llY person \vho violates subsections (a) through
5 (i) or (l) through (0) of section 842 of this title shall be
6 fined under this title, imprisoned not nlore than 10 years,
7 or both.".
8 SEC. 504. EXCEPTIONS.
9 Section 845 of title 18, United States Code, IS
10 amended-
11 (1) in subsection (a), by inserting- '~(l), (rn), (n),
12 or (0) of section 842 and subsections" after "sub-
13 sections";
14 (2) in subsection (a)(1), by inserting "and
15 \vhich pertains to safety" before the seluicolon; and
16 (3) by adding at the end the follo\\;ng:
1 7 "( c) It is an affirmative defense against any proceed-
18 iug involv;ng' subsection (1), (nl), (n), or (0) of section 842
19 of this title if the proponent proves by a preponderance
20 of the evidence that the plastic explosive-
21 "(1) consisted of a small anl0unt of plastic ex-
22 plosive intended for and utilized solely in la\vful-
23 "(A) research, development, or testing of
24 ne\\" or nlodified e~lliosive materials;
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1 ., (B) training' in explosiyes detection 01' dl~-
2 YelOplllellt or testi llg of e:~q)losiyes dl)tect ion
3 equiPluent; or
4 .• ( C) forensie s(~iellce purposes; or
5 "(:2) \\"as plastic explosiye \vhich, \vithin :3 yeal's
6 after the effectiYe date of this paragl'aph, \\"ill be 01'
7 is incorporated in a luilitary de\ice \\ithin the tl~rl'i-
8 tory of the C nited States and renulills an intcgl'al
9 part of such 111ilitary deyice, or is intended to be, 01'
lOis incorporated in, and reluains an integTal par't of
11 a 111ilitary cle\;ce that is intended to becollle, 01' has
12 becoille, the property of auy ag'ency of the l·ll i ted
13 States perfornling- nlilitary or police functions (i 11-
14 eluding any Inilital'Y reserve conlponent) or the ~ a-
15 tional Guard of any State, \vhereyer such de\;ce is
16 located, For purposes of this subsection, the ternl
17 'nlilitary device' includes shells, bonlbs, projectiles,
18 mines, missiles, rockets, shaped charg'es, gl'enades,
19 perforators, and similar deyices la\vfully Inanufac-
20 tured exclusiyely for Inilital'Y or police purposes,",
21 SEC. 505. INVESTIGATIVE AUTHORITY.
22 Section 846 of title 18, United States Code, IS
23 cunended-
24 (1) by inserting' "subsection (nl) or (n) of sec-
25 tion 842 or" before "subsection (d)"; and
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60
(2) by adding' at the end the t'ollo\\;ng:: "The
.Attorney General shall ha.\"e exelusi\'e authority to
conduct investigations \\;th respect to ,;olations of
subsection (In) or (n) of section 84:2 to the extent
such ,;olations appear to be terrOriS111 (as defined ill
section 2:331 of this title. Upon request, the See
retarv 111aV assist the Attornev General in such in-a ~ ~
9 SEC. 506. EFFECTIVE DATE.
10 The anlelldnlents made by this title shall take effect
11 1 year after the date of the enactment of this Act.
12 TITLE VI-IMMIGRATION-13 RELATED PROVISIONS 14 Subtitle A-ReDloval of Alien 15 Terrorists 16 PART I-REMOVAL PROCEDURES FOR ALIEN
17 TERRORISTS
18 SEC. 601. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.
19 (a) Ix GEXERAL.-The ImmigTation and Nationality
20 Act is anlended-
21 (1) by adding at the end of the table of con-
22 tents the following:
"TITLE V-SPECL\L RElIO\"AL PROCEDl"RES FOR ALIE:\, TERRORISTS
"8e<-. ;)01. Definitions. "Hct-. 50~. Estahlishmcnt of special rcmo\'al court; pancl of attOl'llcyS to assist
with elassiticd information, ":SC('. ;)0:1. Applic'ation for initiation of spccial remo\'al proceeding',
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HI "Sl'(· .. )04. ('ollsitil'mt iolt of appli('atioll. "Sl'(·. ;)0:). Spt'('ial n'IIlO\'al ht'HI·ill:"rs.
"Sl't· .. iOf). ('ollsi<il'f'Htioll of (·Iassitied illror-Illatioll. "!'-il'('. ;")07. .:\ppt'als.
"~t'( .. ,)():-I. Ddl'lItillll alld l'lIsto<i.,'.
alld
2 (2) by adding- at the end the follo\\"ing: lle\\" titk':
3 "TITLE \"'-~PECIAL RE:\IOY".AL PR()CEI)l~I{E~
4 I~OR .ALIE~ TERRORISTS
5 '~DEFI~ITIO~S
6 "SEC. 501. III this title:
7 ~'( 1) The tern1 'alien terrorist' IneallS all aliell
8 described ill section 241(a)(4)(B).
9 "(2) The tern1 'classified inforlllatioll' has the
10 111eaning' giyen such tern1 in section l(a) of the Clas-
11 sified Inforlnation Procedures Act (18 U.S.C. App.).
12 "(3) The ternl 'national security' has the luean-
13 iug' given such term in section 1 (b) of the Classified
14 Inforn1ation Procedures Act (18 U.S.C. App.).
15 "( 4) The term 'special attorney' nleans an at-
16 torney \vho is on the panel established under section
17 502(e).
18 "( 5) The ternl 'special removal court' means
19 the court established under section 502(a).
20 "(6) The term 'special removal hearing" means
21 a hearing under section 505.
22 "(7) The term 'special relTIoval proceeding'
23 means a proceeding under this title .
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1 ~'EST.\BLISIDIE:\T OF SPECIAL HE~[O\·.\L ('Ol"HT; P.\:\EL
2 OF' ATTO[{:\EYS TO ASSIST \\"["1'11 ('LASSIFIED I~F'()H-
3 ~L\TIO:\
4 "SEC. 50:2. (a) I~ G[<~~EH.\L.-The Chief' .. Justiee of
5 the [' nited States shall publicly desigllC:tte ;j distl'i~t ~ourt
6 judges froln 5 of the United States judicial circuits \\'ho
7 shall constitute a court \vhich shall lUHoe jurisdiction to
8 conduct all special ren10val proceedings.
9 "(b) TEB~IH.-Each judge desigl1ated under sub-
10 section (a) shall serve for a tern1 of 5 years and shall be
11 eligible for reclesigl1ation, except that the four associate
12 judges first so designated shall be desigl1ated for terlllS
13 of one, h\'o, three, and four years so that the tern1 of one
14 judge shall e~l>ire each year.
15 "(c) CUIEF Jl"DGE.-The Chief Justice shall publicly
16 desigl1ate one of the judges of the special removal court
17 to be the chief judge of the court. The chief judge shall
18 promulgate rules to facilitate the functioning of the court
19 and shall be responsible for assigning the consideration
20 of cases to the various judges.
21 "(d) EXPEDITIors AXD COXFIDEXTIi\L NATCRE OF
22 PROCEEDIXGS.-The provisions of section 103(c) of the
23 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
24 1803 ( c» shall apply to proceedings under this title in the
25 same manner as they apply to proceedings under such Act.
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'4(e) EHTABL[~IL\IE~T OF PA~EL OF ~PE(,L\L .:\'1'-
2 TOHXEYH.-The special renloyal court shall pro\ide for the
3 desig11ation of a panel of attorneys each of \\·honl-
4 "( 1) has a security clearance \\·hieh affords tht)
5 attorney access to classitied inforlnation, and
6 "(2) has agTeed to represent perlnancllt reSl-
7 dent aliens \\;th respect to classified infol·lnation
8 under section 506 in accordance \\"ith (aBd subject to
9 the penalties under) this title.
10 ".APPLIC'ATIOX FOR [XITIATIOX OP HPEl'lAL HE:\[{)\"AL
11 PHOCEED[XG
12 "SEC. 503. (a) Ix GEXERAL.-\\neneyer the i\ttor-
13 ney General has classified infornlation that an alien is an
14 alien terrorist, the Attorney General, in the Attorney Gen-
15 eral's discretion, nlay seek renloval of the alien under this
16 title through the filing of a \\Titten application described
17 in subsection (b) \\-;th the special renl0val court seeking
18 an order authorizing a special renloval proceeding under
19 this title. The application shall be subnlitted in camera
20 and ex parte and shall be filed under seal \vi th the court.
21 "(b) COXTEXTS OF APPLICATIOx.-Each application
22 for a special renl0val proceeding shall include all of the
23 follo\ving·:
24 "( 1) The identity of the Department of Justice
25 attorney making the application .
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1 H(2) The approyal of the Attorney (~elll)ral or
2 the Deputy .Attorney G·eneral for the filing: of the ap-
3 plication based upon a finding by that indhif!nal
4 that the application satisfies the criteria and re-
5 quirernents of this title.
6 "(:3) The identity of the alien for \\"h0111 Huthol'-
7 ization for the special renloyal proceeding'S is sought.
8 "( 4) A statement of the facts and eiro-
9 Ctll11stances relied on by the Departnlent of .. Justice
10 to establish that-
11 "(A) the alien is an alien terrorist and IS
12 physically present in the United States, and
13 "(B) \vith respect to such alien, adherence
14 to the provisions of title II regarding the depor-
15 tation of aliens w'Quld pose a risk to the na-
16 tional security of the United States.
17 "( 5) An oath or affirmation respecting each of
18 facts and statements described in the previous para-
19 graphs.
20 "(c) RIGHT TO DIS:\IISS.-The Department of Jus-
21 tice retains the right to dismiss a removal action under
22 this title at any stage of the proceeding.
23 "COXSIDERATIOX OF APPLICATIOX
24 "SEC. 504. (a) Ix GEXERAL.-In the case of an ap-
25 plication under section 503 to the special removal court,
26 a single judge of tl~e court shall be assigned to consider
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1 the application. The judge, in accordance ,vith the niles
2 of the court, shall consider the application and nlay COIl-
3 sider other infornlation, including classified infornlation,
4 presented under oath or affirmation. The judge shall COll-
5 sider the application (and any hearing thereof) in canlera
6 and ex parte. A verbatim record shall be maintained of
7 any such hearing.
8 "(b) APPROVAL OF ORDER.-The judge shall enter
9 ex parte the order requested in the application if the judge
10 finds, on the basis of such application and such other in-
11 formation (if any), that there is probable cause to believe
12 that-
13 "(1) the alien who is the subject of the applica-
14 tion has been correctly identified and is an alien ter-
15 rorist, and
16 "(2) adherence to the provisions of title II re-
17 garding the deportation of the identified alien would
18 pose a risk to the national security of the United
19 States.
20 "(c) DEXIAL OF ORDER.-If the judge denies the
21 order requested in the application, the judge shall prepare
22 a \\Titten statement of the judge's reasons for the denial.
23 "(d) EXCL{;SIVE PROVISIoxs.-Whenever an order is
24 issued under this section \\ith respect to an alien-
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1 "( 1) the alien's rights regarding relllOyal and
2 expulsion shall be governed solely by the proyisions
3 of this title, and
4 "(2) except as they are specifically referenced,
5 no other provisions of this Act shall be applicable.
6 "SPECIAL RE:\IOVAL HEARIXGS
7 "SEC. 505. (a) Ix GEXERAL.-Ill any case in \vhich
8 the application for the order is approved under section
9 504, a special removal hearing shall be conducted under
10 this section for the purpose of deternlining \vhether the
11 alien to \vhom the order pertains should be renloyed from
12 the United States on the grounds that the alien is an alien
13 terrorist. Consistent with section 506, the alien shall be
14 given reasonable notice of the nature of the charges
15 against the alien and a general account of the basis for
16 the charges. The alien shall be given notice, reasonable
17 under all the circumstances, of the time and place at \vhich
18 the hearing will be held. The hearing shall be held as expe-
19 ditiouslyas possible.
20 "(b) USE OF SA:\IE Jl"DGE.-The special renloval
21 hearing shall be held before the sanle judge \vho granted
22 the order pursuant to section 504 unless that judge is
23 deemed unavailable due to illness or disability by the chief
24 judg'e of the special removal court, or has died, in \vhich
25 case the chief judg'e shall assign another judge to conduct
26 the special removal hearing. A decision by the chief judg'e
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1 pursuant to the preceding sentence shall not be slll~je~t
2 to re\;e\v by either the alien or the Departlnent of Justice.
3 4'(C) RHHITH I~ HgARI~G.-
4 "( 1) PCBLIl' HE.uU~G.-The speeial renloyal
5 hearing shall be open to the public.
6 "(2) RICH-IT OF' COC~HEL.-The alien shall have
7 a right to be present at such hearing and to be rep-
8 resented by counsel. Any alien financially unable to
9 obtain counsel shall be entitled to have counsel as-
10 signed to represent the alien. Such counsel shall be
11 appointed by the judge pursuant to the plan for fnr-
12 nishing representation for any person financially nn-
13 able to obtain adequate representation for the dis-
14 trict in \vhich the hearing is conducted, as provided
15 for in section 3006A of title 18, United States Code.
16 All provisions of that section shall apply and, for
17 purposes of determining the maximum amount of
18 compensation, the matter shall be treated as if a fel-
19 ony,vas charged.
20 "(3) I~TRODLCTIO~ OF EVIDE~CE.-The alien
21 shall have a right to introduce evidence on the
22 alien's O\Vll behalf.
23 "(4) EXtUII~ATIOX OF \VITXESSEs.-Except as
24 provided in section 50.6, the alien shall have a rea-
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1 sonable opportunity to exanline the e\;dence against
2 the alien and to cross-exanline any \\;tness.
3 "(5) RECOHD.-A verbatim record of the 1>1'0-
4 ceedings and of all testimony and e\;dence offered or
5 produced at such a hearing shall be kept.
6 "(6) DECISIOX BASED OX EVIDEXCE AT HEAR-
7 IXG.-The decision of the judge in the hearing shall
8 be based only on the evidence introduced at the
9 hearing, including evidence introduced under section
10 505(e).
11 "(7) No RIGHT TO A..,\CILLARY RELIEF.-In the
12 hearing, the judge is not authorized to consider or
13 provide for relief from removal based on any of the
14 following:
15 "(A) Asylum under section 208.
16 "(B) Withholding of deportation under sec-
17 tion 243(h).
18 "(C) Suspension of deportation under sec-
19 tion 244(a) or 244(e).
20 "(D) Adjustment of status under section
21 245.
22 "(E) Registry under section 249.
23 "(d) SUBPOEXAS.-
24 "(1) REQUEST.-At any time prior to the con-
25 clusion of the special removal hearing, either the
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1 alien or the Department of Justice may request the
2 judge to issue a subpoena for the presence of a
3 nanled \\;tlless hvhich subpoena may also command
4 the person to \\·hom it is directed to produce books,
5 papers, documents, or other objects desig11ated
6 therein) upon a satisfactory sho\\;ng that the pres-
7 ence of the \vitness is necessary for the deternlina-
8 tion of any material matter. Such a request may be
9 made ex parte except that the judge shall inform the
10 Department of Justice of any request for a subpoena
11 by the alien for a witness or material if compliance
12 \vith such a subpoena \vould reveal evidence or the
13 source of evidence which has been introduced, or
14 \vhich the Department of Justice has received per-
15 mission to introduce, in camera and ex parte pursu-
16 ant to subsection (e) and section 506, and the De-
17 partment of Justice shall be given a reasonable op-
18 portunity to oppose the issuance of such a subpoena.
19 "(2) PAYMENT FOR ATTE~DANCE.-If an appli-
20 cation for a subpoena by the alien also makes a.
21 sho\\;ng that the alien is financially unable to pay
22 for the attendance of a witness so requested, the
23 court may order the costs incurred by the process
24 and the fees of the \vitness so subpoenaed to be paid
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1 for fronl funds appropriated for the ellforcenlent of
2 title II.
3 "(:3) NATIO~\\lDE SERVICE.-A subpoena
4 under this subsection nlay be served an)~vhere in the
5 U llited States.
6 "(4) WITXESS FEES.-A \vitrless subpoenaed
7 under this subsection shall receive the same fees and
8 expenses as a \,,;tness subpoenaed in connection ,,;th
9 a civil proceeding in a court of the United States.
10 "(5) No ACCESS TO CLASSIFIED I~FOH:\IA-
11 TIOX.-Nothing in this subsection is intended to
12 allo\v an alien to have access to classified informa-
13 tion.
14 "(e) IXTRODrCTIOX OF CLASSIFIED I~FOR:\L~-
15 TIOX.-
16 "( 1) Ix GEXERAL.-When classified informa-
17 tion has been summarized pursuant to section
18 506(b) or \vhere a finding has been made under sec-
19 tion 506(b)(5) that no summary is possible, classi-
20 tied information shall be introduced (either in \vrit-
21 ing or through testimony) in camera and ex parte
22 and neither the alien nor the public shall be in-
23 formed of such evidence or its sources other than
24 through reference to the summary provided pursuant
. 25 to such section. Not\vithstallding' the pre,;ous sen-
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1 tence, the Department of Justice may, in its discre-
2 tion and, in the case of classified infornlation, after
3 coordination ,vith the originating agency, elect to ill-
4 troduce such evidence in open session.
5 "(2) TREATJIEXT OF ELECTROXI(' HrH\~EIL-
6 LAXCE IXFORllATIOX.-
7 "(A) USE OF ELECTROXIC Hl·HYEIL-
8 LAxCE.-The Government is authorized to use
9 in a special removal proceedings the fruits of
10 electronic surveillance and unconsented physical
11 searches authorized under the Foreign Intel-
12 ligence Surveillance Act of 1978 (50 U.S.C.
13 1801 et seq.) ,vithout regard to subsections (c),
14 (e), (f), (g), and (h) of section 106 of that Act.
15 "(B) No DISCOVERY OF ELECTRO~IC SCR-
16 VEILLAXCE IXFOR:\lATION.-An alien subject to
17 removal under this title shall have no right of
18 discovery of information derived from electronic
19 surveillance authorized under the Foreign Intel-
20 ligence Surveillance Act of 1978 or othen\;se
21 for national security purposes. Nor shall such
22 alien have the right to seek suppression of evi-
23 dence.
24 "(C) CERT.AIX PROCEDURES ~OT APPLICA-
25 BLE.-The provisions and requirements of sec-
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1 tion 3504 of title 18, United States Code, shall
2 not apply to procedures under this title.
3 "(3) RIGHTS OF t"~aTED STATES.-Nothing in
4 this section shall prevent the United States from
5 seeking protective orders and from asserting privi-
6 leges ordinarily available to the United States to
7 protect against the disclosure of classified informa-
8 tion, including the invocation of the military and
9 state secrets privileges.
10 "(f) IXCLt"SION OF CERTAIN EVIDEXCE.-The Fed-
11 eral Rules of Evidence shall not apply to hearings under
12 this section. Evidence introduced at the special removal
13 hearing, either in open session or in camera and ex parte,
14 may, in the discretion of the Department of Justice, in-
15 clude all or part of the information presented under sec-
16 tion 504 used to obtain the order for the hearing under
17 this section.
18 "(g) ARGlj}IENTS.-Following the receipt of eVl-
19 dence, the attorneys for the Department of Justice and
20 for the alien shall be given fair opportunity to present ar-
21 gument as to \vhether the evidence is sufficient to justify
22 the removal of the alien. The attorney for the Department
23 of Justice shall open the argument. The attorney for the
24 alien shall be permitted to reply. The attorney for the De-
25 partnlent of Justice shall then be pernlitted to reply in
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1 rebuttal. The judge may allo\v any part of the arguInent
2 that refers to evidence received in camera and ex parte
3 to be heard in camera and ex parte.
4 "(h) BCHDEX 01-" PRooF.-In the hearing the De-
5 partnlent of Justice has the burden of sho\ving by clear
6 and convincing evidence that the alien is subject to re-
7 moyal because the alien is an alien terrorist. If the judge
8 finds that the Department of Justice has met this burden,
9 the judge shall order the alien removed and detained pend-
10 ing removal from the United States. If the alien \vas re-
11 leased pending the special removal hearing, the judge shall
12 order the Attorney General to take the alien into custody.
13 "(i) \VRITTEX ORDER.-At the time of rendering a
14 decision as to \vhether the alien shall be removed, the
15 judge shall prepare a written order containing a statement
16 of facts found and conclusions of law. Any portion of the
17 order that would reveal the substance or source of infor-
18 mation received in camera and ex parte pursuant to sub-
19 section (e) shall not be made available to the alien or the
20 public.
21 "COXSIDERATIOX OF CLASSIFIED IXFOR:\IATIOX
22 "SEC. 506. (a) COXSIDERATIOX Ix CA:\IERA AXD Ex
23 PAHTE.-In any case in \vhich the application for the
24 order authorizing the special procedures of this title is ap-
25 proyed, the judge \vho gTanted the order shall consider
26 each itelu of classified infornlation the Departnlent of Jus-
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1 tice proposes to introduce in canlera and ex parte at the
2 special renloval hearing and shall order the introduction
3 of such inforluation pursuant to section 505(e) if the judge
4 deternlines the information to be relevant.
5 "(b) PHgP.ARATIO~ A~D PROv1SIO~ oro' \VHITTE~
6 SCJL\L\RY.-
7 "(1) PREPAHATlo~.-The Department of Jus-
8 tice shall prepare a ,witten summary of such classi-
9 fied information ,vhich does not pose a risk to na-
10 tional security.
11 "(2) COXDITIO~S FOR APPROVAL BY -leDGE
12 AXD PROVISIOX TO ALIEx.-The judge shall approve
13 the summary so long as the judge finds that the
14 summary is sufficient-
15 "(A) to inform the alien of the general na-
16 ture of the evidence that the alien is an alien
17 terrorist, and
18 "(B) to permit the alien to prepare a de-
19 fense against deportation.
20 The Department of Justice shall cause to be deli\"-
21 ered to the alien a copy of the summary.
22 "(3) OPPORTVXITY FOR CORRECTIOX AXD
23 RESl.:BJIITTAL.-If the judge does not approve the
24 summary, the judge shall provide the Department a
25 reasonable opportunity to correct the deficiencies
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identified by the court and to subnlit a re\;sed SUlll
nlary.
"( 4:) COXDITIOX~ FOH TER)IIXATIOX OF' PHO
CEEDIxns IF' Hl':\L\L\HY XOT APPHO\~[).-
"CA.) Ix GEXEH.AL.-If, subsequent to the
opportunity described in paragraph (;3), the
7 judge does not approve the sumInary, the judg'e
8 shall terminate the special removal hearing' uu-
9 less the judge makes the findings described in
10 subparagraph (B).
11 "(B) FIXDIXGS.-The finding'S described
12 In this subparagraph are, \vith respect to an
13 alien, that-
14 "( i) the continued presence of the
15 alien in the United States, and
16 "(ii) the provision of the required
17 summary,
18 would likely cause serious and irreparable harm
19 to the national security or death or serious bod-
20 ily injury to any person.
21 "(5) CO~TINUATIOX OF HEARIXG \VITHOCT
22 sU:\C\'lARY.-If a judge makes the findings described
23 in paragraph (4)(B)-
24 "(A) if the alien involved' is an alien la\v-
25 fully admitted for permanent residence, the pro-
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cedures described in subsection (c) shall apply;
and
"( B) in all cases the special removal hear
ing shall continue, the Department of Justice
shall cause to be delivered to the alien a state
ment that no summary is possible, and the clas-
7 sified information submitted in camera and ex
8 parte may be used pursuant to section 505(e).
9 "(c) SPECIAL PROCEDURES FOR ACCESS A..,\D CIL\L-
10 LEXGES TO CLASSIFIED BY SPECIAL ATTOR~EYS IX CASE
11 OF LA'VFUL PER~:JAXEXT ALIEXS.-
12 "(1) Ix GEXERAL.-The procedures described
13 in this subsection are that the judge (under rules of
14 the special removal court) shall designate a special
15 attorney to assist the alien-
16 "(A) by reviewing in camera the classified
17 information on behalf of the alien, and
18 "(B) by challenging through an in camera
19 proceeding the veracity of the evidence con-
20 tained in the classified information.
21 "(2) RESTRICTIOXS ox DISCLosrRE.-A spe-
22 cial attorney receiving classified information under
23 paragTaph (1)-
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1 "(A) shall not disclosure the information to
2 the alien or to any other attorney representing
3 the alien, and
4 "(B) ,,"ho discloses such illfornlatioll in \;0-
5 lation of subparagraph (A) shall be sUQject to
6 a fine under title 18, United States Code, inl-
7 prisoned for not less than 10 years or nlore
8 than 25 years, or both.
9 "APPEALS
10 "SEC. 507. (a) APPEALS OF DEXlALS OF APPLICA-
11 TIOXS FOR ORDERS.-The Department of Justice may
12 seek a review of the denial of an order sought in an appli-
13 cation by the United States Court of Appeals for the Dis-
14 trict of Columbia Circuit by notice of appeal \vhich lllust
15 be filed within 20 days. In such a case the entire record
16 of the proceeding shall be transmitted to the Court of Ap-
17 peals under seal and the Court of Appeals shall hear the
18 lllatter ex parte. In such a case the Court of Appeals shall
19 review questions of law de novo, but a prior finding on
20 any question of fact shall not be set aside unless such find-
21 ing \vas clearly erroneous.
22 "(b) APPEALS OF DETER~nXATIOXS AHoeT SC:\I-
23 :\lARIES OF CLASSIFIED I:\FOR~lATIOX.-Either party
24 lllay take an interlocutory appeal to the United States
25 Court of Appeals for the District of Columbia Circuit of-
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1 "(1) any determination by the judge pursuant
2 to section 506(a)-
3 "(A) concerning \vhether an itenl of evi-
4 dence may be introduced in canlera and ex
5 parte, or
6 "(B) concerning the contents of any snnl-
7 mary of evidence to be introduced in calnera
8 and ex parte prepared pursuant to section
9 506(b); or
10 "(2) the refusal of the court to make the find-
11 iugs permitted by section 506(b)( 4)(B).
12 In any interlocutory appeal taken pursuant to this sub-
13 section, the entire recor~, including any proposed order
14 of the judge or summary of evidence, shall be transmitted
15 to the Court of Appeals under seal and the matter shall
16 be heard ex parte.
17 "(c) APPEALS OF DECISIOX IX HEARIXG.-
18 "(+) Ix GEXERAL.-Subject to paragraph (2),
19 the decision of the judge after a special removal
20 hearing may be appealed by either the alien or the
21 Department of Justice to the United States Court of
22 Appeals for the District of Columbia Circuit by no-
23 tice of appeal.
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1 "(2) .c\l'TO:\L\TH· APPEALH I~ ('.:\HES ()F PEH:\L\-
2 ~E~T HESIDE~T ALIE~S IX \\lIH 'II ~() Sl'~nL\HY
3 PH()\"IDED.-
4 "CA.) I~ GE~EI{'\L.-U nless the alien
5 \val\'es the right to a re\;e\v uncleI' this pal'a-
6 gTaph, in any case in\'olvillg' an alien la\\thlly
7 adnlitted for permanent residence \vho is denied
8 a \\Titten summary of classified inforlnation
9 under section 506(b)( 4) and the procedures of
10 section 506(c) apply, any order issued by the
11 judge shall be review'ed by the Court of Appeals
12 for the District of Colunlbia Circuit.
13 "(B) USE OF SPECIAL ATTORXEY.-If any
14 issue relating to classified information arises in
15 such review, the alien shall be represented only
16 by the special attorney designated under section
17 506(c)(l) on behalf of the alien.
18 "(d) GEXERAL PROVISIOXS RELATIXG TO M-
19 PEALS.-
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22
"( 1) N OTICE.-l\. notice of appeal pursuant to
subsection (b) or (c) (other than under subsection
(c)(2» must be filed within 20 days, during \vhich
23 tinle the order for \vhich the appeal is sought shall
24 not be executed .
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1 "(2) TRA~s~nTTAL O!<' RECOHD.-In an appeal
2 or revie\v to the Court of Appeals pursuant to sub-
3 section (b) or (c)-
4 "(A) the entire record shall be transnlitted
5 to the Court of Appeais, and
6 "(B) information received pursuant to sec-
7 tion 505(e), and any portion of the judge's
8 order that would reveal the substance or source
9 of such information, shall be transmitted under
10 seal.
11 "(3) EXPEDITED APPELLATE PROCEEDI~G.-In
12 an appeal or revie\v to the Court of Appeals pursu-
13 ant to subsection (b) or (c):
14 "(A) REVIE\v.-The appeal or revie\v shall
15 be heard as expeditiously as practicable and the
16 Court may dispense with full briefing and hear
17 the matter solely on the record of the judge of
18 the special removal court and on such briefs or
19 motions as the Court may require to be filed by
20 the parties.
21 "(B) DISPOSITION.-The Court shall up-
22 hold or reverse the judge's order within 60 days
23 after the date of the issuance of the judge's
24 final order.
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1 "( 4) DE :\0\"0 RE\1E\V.-In an appeal or re-
2 vie\v to the Court of Appeals pursuant to subsection
3 (b) or (c):
4 "(A) QCEHTIO:\S OF LA\\".-The COUIt of
5 Appeals shall revie\v all questions of len\" de
6 novo.
7 "(B) QCESTIO:\S OF FACT.-(i) SUQject to
8 clause (ii), a prior finding on any question of
9 fact shall not be set aside unless such finding-
10 \vas clearly erroneous.
11 "(ii) In the case of a revie\v under sub-
12 section (c)(2) in \vhich an alien la\vfully admit-
13 ted for permanent residence \vas denied a \\Tit-
14 ten summary of classified information under
15 section 506(b)( 4), the Court of Appeals shall
16 review questions of fact de novo.
17 "(e) CERTIORARI.-Following a decision by the Court
18 of Appeals pursuant to subsection (b) or (c), either the
19 alien or the Department of Justice may petition the Su-
20 preme Court for a writ of certiorari. In any such case,
21 any information transmitted to the Court of Appeals
22 under seal shall, if such information is also submitted to
23 the Supreme Court, be transmitted under seal. Any order
24 of removal shall not be stayed pending disposition of a
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1 \\Tit of certiorari except as provided by the Court of ~\p-
2 peals or a Justice of the Suprenle Court.
3 "(f) APPEALS OF DETEXTIOX ORDERS.-
4 "( 1) Ix GEXERAL.- The pro\;sions of sections
5 3145 throug'h 3148 of title 18, lTnited States Code,
6 pertaining to revie\v and appeal of a release or de-
7 tention order, penalties for failure to appear, pen-
8 alties for an offense committed \vhile on release, and
9 sanctions for violation of a release condition shall
10 apply to an alien to \vhom section 508(b)( 1) applies.
11 In applying the previous sentence-
12 "(A) for purposes of section 3145 of such
13 title an appeal shall be taken to the United
14 States Court of Appeals for the District of Co-
15 lumbia Circuit, and
16 "(B) for purposes of section 3146 of such
17 title the alien shall be considered released in
18 connection with a charge of an offense punish-
19 able by life imprisonment.
20 "(2) No REVIE,\V OF COXTIXlJED DETEXTIOX.-
21 The determinations and actions of the Attorney
22 General pursuant to section 508(c)(2)(D) shall not
23 be subject to judicial review, including application
24 for a \vrit of habeas corpus, except for a claim by
25 the alien that continued detention violates the alien's
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1 rights under the Constitution. Jurisdiction oyer any
2 such challenge shall lie exclusively in the United
3 States Court of Appeals for the District of C~olulnbia
4 Circuit.
5 "DETEXTIOX .:\XD CCS'rODY
6 "SEC. 508. (a) IXITIAL Cl9STODY.-
7 "(1) Upox FILIXG APPLICATIOX.-Subject to
8 paragTaph (2), the Attorney General may take into
9 custody any alien \vith respect to \vhom an applica-
10 tion under section 503 has been filed and, not,,;th-
11 standing any other provision of law, may retain such
12 an alien in custody in accordance ,\t;th the proce-
13 dures authorized by this title.
14 "(2) SPECIAL Rl"LES FOR PER:\L\XEXT RESI-
15 DEXT ALIExS.-An alien la\vfully admitted for per-
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manent residence shall be entitled to a release hear
ing before the judge assigned to hear the special re
moval hearing. Such an alien shall be detained pend
ing the special removal hearing, unless the alien
demonstrates to the court that-
"(A) the alien, if released upon such terms
and conditions as the court may prescribe (in
cluding the posting of any monetary amount),
is not likely to flee, and
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1 "(B) the alien's release ,vill not endanger
2 national security or the safety of any person or
3 the comnulnity.
4 The judge may consider classified inforlnation sub-
5 nlitted in camera and ex parte in nlaking a deter-
6 mination under this paragraph.
7 "(3) RELEASE IF DE~I.AL OF ORDER A~D ~()
8 REVIE\V SOl~GHT.-
9 "(A) I~ GE~ERAL.-If a judge of the spe-
10 cial renloval court denies the order sought in an
11 application ,vith respect to an alien and the De-
12 partment of Justice does not seek· re,;e,v of
13 such denial, subject to subparagraph (B), the
14 alien shall be released from custody.
15 "(B) APPLICATIO~ OF REGL"LAR PROCE-
16 DL"RES.-Subparagraph (A) shall not prevent
17 the arrest and detention of the alien pursuant
18 to title II.
19 "(b) COXDITIOXAL RELEASE IF DEXL\L OF ORDER
20 AXD REVIE\V SOCGHT.-
21 "(1) IN GEXERAL.-If a judge of the special re-
22 moval court denies the order sought in an applica-
23 tion ,vith respect to an alien and the Department of
24 Justice seeks revie\v of such denial, the judge shall
25 release the alien from custody subject to the least re-
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1 strictive condition or combination of conditions of rtl -
2 lease described in section 3142 (b) and clauses (i)
3 through (xiv) of section 3142(c)(I)(B) of title 18,
4 U llited States Code, that ,\~ll reasonabl~· assuloe the
5 appearance of the alien at any future proceedi ng'
6 pursuant to this title and ,vill not endanger the safe-
7 ty of any other person or the comn1l1nity.
8 "(2) No RELEASE FOR CERTAI~ ALIE~S.-If
9 the judge finds no such condition or combination of
10 conditions, the alien shall remain in custody until
11 the completion of any appeal authorized by this title.
12 "(c) CCSTODY A~D RELEASE AFTER HEARI~G.-
13 "(1) RELEASE.-
14 "(A) I~ GE~ERAL.-Subject to subpara-
15 graph (B), if the judge decides pursuant to sec-
16 tion 505(i) that an alien should not be removed,
17 the alien shall be released from custody.
18 "(B) CUSTODY PENDING APPEAL.-If the
19 Attorney General takes an appeal from the
20 order, the alien shall remain in custody, subject
21 to the provisions of section 3142 of title 18,
22 United States Code.
23 "(2) CUSTODY k'1D REl"IOVAL.-
24 "(A) CUSTODY.-If the judge decides pur-
25 suant to section 505(i) that an alien shall be re-
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luo\·ed, the alien shall be detained pending the
outconle of any appeal. After the conclusion of
any judicial re\ie\v thereof \vhich affirlus the re
nloval order, the Attorney General shall retain
the alien in custody or, if the alien \vas released
pursuant to paragraph (1) (A), shall take the
alien into custody and remove the alien to a
country specified under subparagraph (B).
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"(B) REllOVAL.-
"(i) Ix GEXERAL.-The renloval of an
alien shall be to any country \vhich the
alien shall designate if such designation
does not, in the judgment of the Attorney
General, in consultation with the Secretary
of State, impair the obligation of the
United States under any treaty (including
a treaty pertaining to extradition) or other
wise adversely affect the foreign policy of
the United States.
"(ii) ALTERNATE COUNTRIES.-If the
alien refuses to choose a country to which
the alien wishes to he transported, or if the
Attorney General, in consultation with the
Secretary of State, determines that re
moval of the alien to the .country so se-
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lected \vould inlpair a treaty oblio'atioll or .. e-
adversely affect United States foreigl1 pol
icy, the Attorney General shall cause the
alien to be transported to any country ,,·ill
iug- to receive such alien.
"(C) COXTIXCED DETEXTIOX.-If 110
country is willing to receive such an alien, the
Attorney General may, notwithstanding any
other provision of la\v, retain the alien in cus
tody. The Attorney General, in coordination
with the Secretary of State, shall nlake periodic
efforts to reach agreement with other countries
to accept such an alien and at least every 6
months shall provide to the attorney represent
ing the alien at the special removal hearing
alien a written report on the Attorney General's
efforts. Any alien in custody pursuant to this
subparagraph shall be released from custody
solely at the discretion of the Attorney General
and subject to such conditions as the Attorney
General shall deem appropriate.
"(D) FINGERPRINTING.-Before an alien
is transported out of the United States pursu
ant to this subsection, o~ pursuant to an order
of exclusion because such alien is excludable
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1 under section 212(a)(3)(B), the alien shall be
2 photographed and fingerprinted, and shall be
3 ach;sed of the provisions of subsection 276(b).
4 "(d) CO:,\TI:'\rED DETE:,\TIO~ PE:,\DI:'\G TRL\L.-
5 "( 1) DELAY 1:,\ RE:\IOVAL.-Not\vithstanding
6 the provisions of subsection (c)(2), the Attorney
7 General may hold in abeyance the removal of an
8 alien \vho has been ordered removed pursuant to this
9 title to allo\v the trial of such alien on any Federal
10 or State criminal charge and the service of any sen-
11 tence of confinement resulting from such a trial.
12 "(2) lVLuxTEXAXCE OF Cl:STODy.-Pending the
13 commencement of any service of a sentence of con-
14 finement by an alien described in paragraph ( 1),
15 such an alien shall remain in the custody of the At-
16 torney General, unless the Attorney General deter-
17 mines that temporary release of the alien to the cus-
18 tody of State authorities for confinement in a State
19 facility is appropriate and would not endanger na-
20 tional security or public safety.
21 "(3) SUBSEQUENT REMOVAL.-Following the
22 completion of a sentence of confinement by an alien
23 described in paragraph (1) or following the comple-
24 . tion of State criminal proceedings which do not re-
25 suit in a sentence of confinement of an alien released
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1 to the custody of State authorities pursuant to para-
2 graph (2), such an alien shall be returned to the
3 custody of the Attorney General \\tho shall proceed
4 to carry out the pro\;sions of subsection (c)(2) COll-
5 cernillg removal of the alien.
6 "(e) APPLICATIOX OF CERTAIX PROVISIOX!';.-For
7 purposes of section 751 and 752 of title 18, United States
8 Code, an alien in the custody of the Attorney General pur-
9 suant to this title shall be subject to the penalties provided
10 by those sections in relation to a person committed to the
11 custody of the Attorney General by virtue of an arrest on
12 a charge of felony.
13 "(f) RIGHTS OF ALIEXS IX CUSTODY.-
14 "(1) FA.,\IILY AXD ATTORXEY VISITS.-An alien
15 in the custody of the Attorney General pursuant to
16 this title shall be given reasonable opportunity to
17 communicate with and receive visits from members
18 of the alien's family, and to contact, retain, and
19 communicate with an attorney.
20 "(2) DIPLO)IATIC CONTACT.-An alien in the
21 custody of the Attorney General pursuant to this
22 title shall have the right to contact an appropriate
23 diplomatic or consular official of the alien's country
24 of citizenship or nationality or of any country pro-
25 viding representation services therefore. The Attor-
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1 ney General shall notify the appropriate embassy,
2 nlission, or consular office of the alien's detention.".
3 (b) JCRI8DICTIO~ OVER EXCLL"SIO~ ORDERS FOR
4 ALIE~ TERRORISTS.-Subsection 106(b) of the Imnligra-
5 tion and Nationality Act (8 U.S.C. 1105a(b)) is anlended
6 by adding at the end the follo\ving sentence: "Jurisdiction
7 to revie\v an order entered pursuant to the provisions of
8 section 235(c) concerning an alien excludable under sec-
9 tion 212(a)(3)(B) shall rest exclusively in the United
10 States Court of Appeals for the District of Columbia
11 Circuit.".
12 (c) CRI:\UXAL PEXALTY FOR REE~TRY OF ALIEX
13 TERRORISTs.-Section 276(b) of such Act (8 U.S.C.
14 1326(b») is amended-
15 ( 1) by striking "or" at the end of paragraph
16 (1),
17 (2) by striking the period at the end of para-
18 graph (2) and inserting "; or", and
19 (3) by inserting after paragraph (2) the follow-
20 ing new paragraph:
21 "(3) who has been excluded from the United
22 States pursuant to subsection 235(c) because the
23 alien was excludable under subsection 212(a)(3)(B)
24 or who has been removed from the United States
25 pursuant to the provisions of title V, and who there-
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1 after, \vithout the perlllission of the Attorney Gell-
2 eral, enters the iT nited States or attenlpts to do ~o
3 shall be fined under title 18, U Ilited States Code,
4 and inlprisoned for a period of 10 years, \\Ohich seil-
S tence shall not run concurrently \\;th an\· other sell-.... ..
6 tence. " .
7 (d) ELL\II~ATIO~ OF CCSTODY RE\lE\Y BY HABE.\S
8 CORpcs.-Section 106(a) of such Act (8 U.S.C.
9 1105a(a)) is anlended-
10 (1) by adding "and" at the end of paragTaph
11 (8),
12 (2) by striking "; and" at the end of paragraph
13 (9) and inserting a period, and
14 (3) by striking paragraph (10).
15 (e) EFFECTIVE DATE.-The amendments made by
16 this section shall take effect on the date of the enactment
17 of this Act and shall apply to all aliens without regard
18 to the date of entry or attempted entry into the United
19 States.
20 SEC. 602. FUNDING FOR DETENTION AND DEPORTATION OF
21 ALIEN TERRORISTS.
22 In addition to amounts otherwise appropriated, there
23 are authorized to be appropriated for each fiscal year (be-
24 ginning with fiscal year 1996) $5,000,000 to the Immigra-
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1 tion and Naturalization Service for the purpose of detain-
2 ing and deporting alien terrorists.
3 PART 2-EXCLUSION AND DENIAL OF ASYLUM
4 FOR ALIEN TERRORISTS
5 SEC. 611. MEMBERSHIP IN TERRORIST ORGANIZATION AS
6 GROUND FOR EXCLUSION.
7 (a) 1:\ GE~ERAL.-Section 212(a)(3)(B) of the Im-
8 migration and Nationality Act (8 U.S.C. 1182(a)(3)(B»
9 is amended-
10 (1) in clause (i)-
11 (A) by striking "or" at the end of
12 subclause (I),
13 (B) in subclause (II), by inserting "en-
14 gaged in or" after "believe,", and
15 (C) by inserting after subclause (II) the
16 following:
17 "(III) is a representative of a ter-
18 rorist organization, or
19 "(IV) is a member of a terrorist
20 . organization,"; and
21 (2) by adding at the end the following:
22 "(iv) TERRORIST ORGANIZATION DE-
23 FINED.-
24 "(I) DESIGNATION BY PRESI-
25 DENT.-For purposes of this Act, the
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tern1 'terrorist organization' n1eans a
foreigl1 organization desigl1ated in the
Federal Register as a terrorist org'ani
zation by the President based upon a
finding that the organization eng'ages
in, or has engaged in, terrorist activ
ity that threatens the national secu
rity of the United States.
"(II) PROCESS.-At least 3 days
before designating an organization as
a terrorist organization through publi
cation in the Federal Register, the
President shall notify the Committees
on the Judiciary of the House of Rep
resentatives and the Senate of the in
tent to make such designation and the
President's findings and basis for des
ignation.
"(III) CONGRESSIO~AL RE:\IOVAL
AL"THORITy.-The Congress reserves
the authority to remove, by la\v, the
designation of an organization as a
terrorist organization for purposes of
this Act.
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"(IV) S CXSET .-Subject to
subclause (III), the designation under
this clause of an organization as a
terrorist organization shall be effectiYe
for a period of 2 years fronl the date
of the initial publication of the terror
ist organization designation by the
President. At the end of such period
(but no sooner than 60 days prior to
the termination of the 2-year-designa
tion period), the President may redes
ignate the organization in confornlity
with the requirements of this clause
for designation of the organization.
"(V) PRESIDEXTIAL RElIOY'Al.J
Al"THORITy.-The President may re
move the terrorist organization des
ignation from any organization pre
viously designated as such an org'alli
zation, at any time, so long as the
President publishes notice of the re
moval in the Federal Register. The
President is not required to report to
Congress prior to taking such an ac
tion.
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1 "(v) REPRESE:\TATIVE DEFI:\ED.-In
2 this subparagraph, the term 'representa-
3 tive' includes an officer, official, or spokes-
4 n1an of the organization and any persoll
5 \vho directs, counsels, commands or 111-
6 duces the organization or its members to
7 engage in terrorist activity. The determilla-
8 tion bv the SecretarY of State or the Attor-~ ~
9 ney General that an alien is a representa-
10 tive of a terrorist organization shall be
11 controlling and shall not be subject to re-
12 vie\v by any court.".
13 (b) EFFECTIVE DATE.-The amendments made by
14 this section shall take effect on the date of the enactment
15 of this Act.
16 SEC. 612. DENIAL OF ASYLUM TO ALIEN TERRORISTS.
17 (a) I~ GEXERAL.-Section 208(a) of the Immigra-
18 tion and Nationality Act (8 U.S.C. 1158(a» is amended
19 by adding at the end the follo\ving: "The Attorney General
20 may not grant an alien asylum if the Attorney General
21 determines that the alien is excludable under subclause
22 (I), (II), or (III) of section 212(a)(3)(B)(i) or deportable
23 under section 241(a)(4)(B).".
24 (b) EFFECTIVE DATE.-The amendment made by
25 subsection (a) shall take effect on the date of the enact-
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1 ment of this Act and apply to asylum determinations nlade
2 on or after such date.
3 SEC. 613. DENIAL OF OTHER RELIEF FOR ALIEN TERROR·
4 ISTS.
5 (a) WITHHOLDI~G OF DEPORT.ATIo~.-Section
6 243(h)(2) of the Immigration and Nationality Act (8
7 U.S.C. 1253(h)(2» is amended by adding at the end the
8 follo\ving ne\v sentence: "For purposes of subparagraph
9 (D), an a.lien who is described in section 241(a)( 4)(B)
10 shall be considered to be an alien \vith respect to \vhom
11 there are reasonable grounds for regarding as a dang·er
12 to the security of the United States.".
13 (b) S,(;SPE~SIO~ OF DEPORTATIo~.-Section 244(a)
14 of such Act (8 U.S.C. 1254(a» is amended by striking
15 "section 241(a)(4)(D)" and inserting "subparagraph (B)
16 or (D) of section 241(a)( 4)".
17 (c) VOLl:XTARY DEPARTl:RE.-Section 244(e)(2) of
18 such Act (8 U.S.C. 1254(e)(2» is amended by inserting
19 "under section 241(a)(4)(B) or" after "\vho is deport-
20 able".
21 (d) ADJl:ST~IENT OF STAT'G8.-Section 245(c) of
22 such Act (8 U.S.C. 1255(c» is amended-
23 ( 1) by striking "or" before "( 5 )", and
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(~) by inserting' before the period at the end the
2 t'ollo\\'lllg': ", or (6) all alien \\'ho is deportable ulldeI'
3 section 2-! 1 (a)( -!)( B)".
4 (e) RE(H~THy.-Seetioll 249(d) of such A.ct (8 C.~.('.
5 1:259(d) is anlended by inselting "and is Hot deportable
6 under section 241(a)( 4)(B)" after "ineligible to citizen-
7 ship".
8 (f) EFFECTIVE DATE.-The amendments nlade by
9 this section shall take effect on the date of the enactnlent
10 of this Act and shall apply to applications filed before, on,
11 or after such date if final action has not been taken on
12 them before such date.
13 Su~title B-Expedited Exclusion 14 SEC. 621. INSPECTION AND EXCLUSION BY IMMIGRATION
15 OFFICERS.
16 (a) I~ GEXERAL.-Subsection (b) of section 235 of
17 the Immigration and Nationality Act (8 U.S.C. 1225) is
18 amended to read as follows:
19 "(b) (1 )(A) If the examining immigration officer de-
20 termines that an alien seeking entry-
21 "(i) is excludable under section 212(a)(6)(C) or
22 212(a)(7), and
23 "(ii) does not indicate either an intention to
24 apply for asylum under section 208 or a fear of per-
25 secution,
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1 the officer ~hall order the alien exc:luded frolH tIll' l"llitl~(l
2 StateR "ithout further hearing: 01' re\ie\\".
3 "(B) The excunining' inllnigTation ofticer shall refer
4 for an intel"\ie,,· by an ClRyhun officer under suhparagTaph
5 (C) any alien ,,·ho is excludable under Rectioll 212(a)((j){C)
6 or 212(a)(7) and has indicated an intention to apply for
7 asyhun under section 208 or a fear of persecution.
8 "(CHi) An asylulll officer shall prolllptly conduct
9 intervie\vs of aliens referred under subparagTaph (B).
10 "(ii) If the officer deterlllines at the tilue of the inter-
11 vie,," that an alien has a credible fear of persecution (as
12 defined in clause (v», the alien shall be detained for an
13 asylum hearing before an asylunl officer under section
14 208.
15 "(iii)(I) SUbject to subclause (II), if the officer deter-
16 mines that the alien does not have a credible fear of perse-
17 cution, the officer shall order the alien excluded from the
18 United States \\;thout further hearing or revie\v.
19 "(II) The Attorney General shall pronltdgate regula-
20 tions to provide for the immediate revie\v by a supervisory
21 asylum office at the port of entry of a determination under
22 subclause (I).
23 "(iv) The Attorney General shall provide information
24 concerning the asylum intervie,\" described in this subpara-
25 gTaph to aliens \vho may be eligible. An alien \vho is eligi-
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1 hie for such illtel,ie\v nlay consult "ith a person 01' per-
2 sons of the alillll's choosing' pl'ior to the intel,ill\\" aI' allY
3 l'e\ic\\' thereof, according to reg'ulations pI'escI'ihl1cl by the
4 .,,:\ttol'ney G"cneral. Such consultation ~hall be at no PXPl~IlSP
5 to the GDYel'nlnellt and shall not delay the proeess.
6 ,,(\.) For purposes of this subparagraph, the tpl'Ill
7 'credible fear of persecutiDn' nleans (I) that it is Blare
8 probable than not that the statenlents nlade by the alien
9 in support Df the alien's clainl are true, and (II) that there
lOis a sigl1ificant PO'ssibility, in light O'f such statenlents and
11 of such Dther facts as are knD\VI1 to' the Dfficer that the
12 alien cDuld establish eligibility fDr asylunl under section
13 208,
14 "(D) As used in this paragraph, the ternl 'a~ylunl of-
15 ficer' 11leans an imllligTation officer \vho-
16 "(i) has had prDfessiDnal training' III cDuntry
17 cDnditiO'ns, asylulll la\v, and intervie\v techniques;
18 and
19 "(ii) is supervised by an O'fficer \vhO' 111eets the
20 cO'nditiO'n in clause (i),
21 "(E)(i) An exclusiO'n Drder entered in accordance \\ith
22 subparagTaph (A) is nO't subject to' adnlinistrative appeal,
23 except that the AttO'rney General shall prO'vide by regula-
24 tiDn fO'r prDlllpt revie\v Df such an O'rder against an alien
25 "'hD claillls under Dath, 0'1' as perlllitted under penalty Df
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1 pel:jUI'Y under section 1746 of title :28, U nited ~tatl)S
2 Code, after having been \varned of the penalties fOlt falsely
3 nUlking' such clainl under such conditions, to hayc been
4 la\vfully achuitted for perluanent residence.
5 "(ii) In any action brougtht ag'ainst an alien under
6 section 275(a) or section 276, the court shall not ha.Ye ju-
7 risdiction to hear any claim attacking the validity of an
8 order of exclusion entered under subparagraph (A).
9 "(2)(A) Except as provided in subparagraph (B), if
1 0 the examining immigration officer determines that an
11 alien seeking entry is not clearly and beyond a doubt ellti-
12 tied to enter, the alien shall be detained for a hearing be-
13 fore a special inquiry officer.
14 "(B) The provisions of subparagraph (A) shall not
15 apply-
16
17
18
19
"(i) to an alien crewman,
"(ii) to an alien described in paragraph (l)(A)
or (l)(C)(iii)(I), or
"(iii) if the conditions described In section
20 273(d) exist.
21 "( 3) The decision of the examining immigration offi-
22 cer, if favorable to the admission of any alien, shall be
23 subject to challenge by any other immigration officer and
24 such challenge shall operate to take the alien \vhose privi-
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I lege to enter is so challenged, before a special inquiry oft'i-
2 cer for a hearing on exclusion of the alien.".
3 (b) CO:\FORm:\G A.\IE:-.:mIE:\T.-Section 237(a) of
4 such Act (8 U.S.C. 1227(a)) is amended-
5 (1) in the second sentence of paragraph (1), by
6 striking " Deportation" and inserting "Subject to
7 section 235(b)(1), deportation", and
8 (2) in the first sentence of paragraph (2), by
9 striking "If" and inserting "Subject to section
10 235(b)(1), if".
11 (c) EFFECTIVE DATE.-The amendments made by
12 this section shall take effect on the first day of the first
13 month that begins more than 90 days after the date of
14 the enactment of this Act.
15 SEC. 622. JUDICIAL REVIEW.
16 (a) PRECLUSIOl\' OF J UDICIAL REVIEw.-Section
17 106 of the Immigration and Nationality Act (8 U.S.C .
18 1l05a) is amended-
19 (1) by amending the section heading to read as
20 follows:
21 "Jl'O IClAL REnEw OF ORDERS OF OEPORTATIO:\ A:\O
22 EXCLl'SIO:\ , A.'O SPECIAL EXCLl'SIO:\" j a nd
23 (2) b~' adding at the end the follo\\'i ng new sub-
24 section:
25 .. (d)( 1) :--Jot",ithstallding any other provision of I a\\'.
26 and except as prO\icled in this subsection, no court shall
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1 have jurisdiction to revie\v any individual determination,
2 or to entertain any other cause or claim, arising from or
3 relating to the inlplementation or operation of section
4 235(b)(1). Regardless of the nature of the action or clainl,
5 or the party or parties bringing the action, no court shall
6 have jurisdiction or authority to enter declaratory, injunc-
7 tive, or other equitable relief not specifically authorized in
8 this subsection nor to certify a class under Rule 23 of the
9 Federal Rules of Civil Procedure.
10 "( 2 ) Judicial revie\v of any cause, claim, or individual
11 determination covered under paragraph (1) shall only be
12 available in habeas corpus proceedings, and shall be linl-
13 ited to determinations of-
14 "(A) w'hether the petitioner is an alien, if the
15 petitioner makes a showing that the petitioner's
16 claim of United States nationality is not frivolous;
17 "(B) \vhether the petitioner was ordered spe-
18 cially excluded under section 235(b)(1)(A); and
19 "(C) \vhether the petitioner can prove by a pre-
20 ponderance of the evidence that the petitioner is an
21 alien lawfully admitted for permanent residence and
22 is entitled to such revie\v as is provided by the Attor-
23 ney General pursuant to section 235(b)(l)(E)(i).
24 "(3) In any case \vhere the court determines that an
25 alien ,vas not ordered specially excluded, or \vas not prop-
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1 erly subject to special exclusion under the regulations
2 adopted by the Attorney General, the court nlay order no
3 relief beyond requiring that the alien receiYe a hearing' in
4 accordance \vith section 236, or a determination in accord-
5 ance ,vith section 235(c) or 273(d).
6 "( 4) In deternlining \vhether an alien has been 01'-
7 dered specially excluded, the court's inquiry shall be lin1-
8 ited to \vhether such an order \vas in fact issued and
9 ,vhether it relates to the petitioner.".
10 (b) PRECLCSIOX OF COLLATERAL ATTACKS.-Sec-
11 tion 235 of such Act (8 U.S.C. 1225) is an1ended by add-
12 iug at the end the follo,ving ne\v subsection:
13 ','( d) In any action brought for the assessnlent of' pen-
14 alties for in1proper entry or re-entry of an alien under sec-
15 tions 275 and 276, no court shall have jurisdiction to hear
16 claims collaterally attacking the validity of orders of exclu-
17 sion, special exclusion, or deportation entered under this
18 section or sections 236 and 242.".
19 SEC. 623. EXCLUSION OF ALIENS WHO HAVE NOT BEEN IN-
20 SPECTED AND ADMITTED.
21 (a) IN GE~ERAL.-Section 241 of the Immigration
22 and Nationality Act (8 U.S.C. 1251) is amended by add-
23 ing at the end the follo\ving new subsection:
24 "(d) Not,vithstanding any other provision of this title,
25 an alien found in the United States \vho has not been ad-
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1 mitted to the United States after inspection in accordance
2 "ith section 235 is deemed for purposes of this Act to
3 be seeking entry and admission to the United States and
4 shall be subject to examination and exclusion by the Attor-
5 ney General under chapter 4. In the case of such an alien
6 the Attorney General shall provide by regulation an oppor-
7 tunity for the alien to establish that the alien ,vas so ad-
8 mitted." .
9 (b) EFFECTIVE DATE.-The amendment made by
10 subsection (a) shall take effect on the first day of the first
11 month beginning more than 90 days after the date of the
12 enactment of this Act.
13 . Subtitle C-IDlproved InforDlation 14· and Processing 15 PART I-IMMIGRATION PROCEDURES
16 SEC. 631. ACCESS TO CERTAIN CONFIDENTIAL INS FILES
17 THROUGH COURT ORDER.
18 (a) LEGALIZATION PROGRAM:.-Section 245A(c)(5)
19 of the Immigration and Nationality Act (8 U.S.C.
20 1255a(c)(5) is amended-
21 ( 1) by inserting "( i)" after "except the Attor-
22 ney General"; and
23 (2) by inserting after "title 13, United States
24 Code" the follo'\ving: "and (ii) may authorize an ap-
25 plication to a Federal court of competent jurisdiction
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1 for, and a judge of such court may grant, an order
2 authorizing disclosure of information contained In
3 the application of the alien to be used-
4 "(I) for identification of the alien
5 \vhen there is reason to believe that the
6 alien has been killed or severely incapaci-
7 tated; or
8 "(II) for criminal law enforcement
9 purposes against the alien \vhose applica-
lOtion is to be disclosed if the alleged crimi-
11 nal activity occurred after the legalization
12 application \vas filed and such activity in-
13 volves terrorist activity or poses either an
14 immediate risk to life or to national secu-
15 rity, or would be prosecutable as an aggra-
16 vated felony, but ,vithout regard to the
17 length of sentence that could be imposed
18 on the applicant".
19 (b) SPECIAL AGRICrLTCRAL WORKER PROGRA."\I.-
20 Section 210(b) of such Act (8 U.S.C. 1160(b)) is amend-
21 ed-
22
23
(1) in paragTaph (5), by inserting ", except as
allo\ved by a court order issued pursuant to para-
24 graph (6)" after "consent of the alien", and
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1 (2) in paragTaph (6), by inserting after the first
2 sentence the follo\ving:
3 "Not\vithstanding the previous sentence, the .A.ttor-
4 ney General may authorize an application to a Fed-
5 eral court of competent jurisdiction for, and a judge
6 of such court may grant, an order authorizing' dis-
7 closure of infornlation contained in the application of
8 the alien to be used (i) for identification of the alien
9 \vhen there is reason to believe that the alien has
10 been killed or severely incapacitated, or (ii) for
11 crinlinal la\v enforcement purposes against the alien
12 \vhose application is to be disclosed if the alleged
13 criminal activity occurred after the special agTicul-
14 tural \vorker application \vas filed and such activity
15 involves terrorist activity or poses either an inlme-
16 diate risk to life or to national security, or \vould be
17 prosecutable as an aggravated felony, but ,vithout
18 regard to the length of sentence that could be Im-
19 posed on the applicant.".
20 SEC. 632. WAIVER AUTHORITY CONCERNING NOTICE OF
21 DENIAL OF APPLICATION FOR VISAS.
22 Section 212 (b) of the Immigration and Nationality
23 Act (8 U.S.C. 1182(b)) is amended-
24 (1) by redesignating' paragraphs (1) and (2) as
25 subparagTaphs (A) and (B);
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1 (2) by striking "If" and inserting "(1) Su~jeet
2 to paragraph (2), if"; and
3 (3) by inserting at the end the follo\\;ng para.-
4 gTaph:
5 "(2) \Vith respect to applications for visas, the See-
6 retary of State may \vaive the application of paragTaph
7 (1) in the case of a particular alien or any class or classes
8 of aliens excludable under subsection (a) (2) or (a)( 3).".
9 PART 2-ASSET FORFEITURE FOR PASSPORT
10 AND VISA OFFENSES
11 SEC. 641. CRIMINAL FORFEITURE FOR PASSPORT AND VISA
12 RELATED OFFENSES.
13 Section 982 of title 18, United States Code, IS
14 aluended-
15 (1) In subsection (a), by inserting after para-
16 graph (5) the follo\ving ne\v paragraph:
17 "(6) The court, in imposing sentence on a person con-
18 victed of a violation of, or conspiracy to violate, section
19 1541, 1542, 1543, 1544, or 1546 of this title, or a ,,;ola-
20 tion of, or conspiracy to violate, section 1028 of this title
21 if committed in connection \vith passport or visa issuance
22 or use, shall ord~r that the person forfeit to the United
23 States any property, real or personal, \vhich the person
24 used, or intended to be used, in committing, or facilitating
25 the commission of, the \;olation, and any property con-
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1 stituting, or derived from, or traceable to, any proceeds
2 the person obtained, directly or indirectly, as a result of
3 such violation.", and
4 (2) in subsection (b)(l)(B), by inserting "or
5 (a)( 6)" after "(a) (2)".
6 SEC. 642. SUBPOENAS FOR BANK RECORDS.
7 Section 986(a) of title 18, United States Code, IS
8 amended by inserting "1028, 1541, 1542, 1543, 1544,
9 1546," before "1956".
10 SEC. 643. EFFECTIVE DATE.
11 The amendments made by this subtitle shall take ef-
12 fect on the first day of the first month that begins more
13 than 90 days after the date of the enactment of this Act.
14 TITLE VII-FUNDING 15 SEC. 701. AUTHORIZATION OF APPROPRIATIONS.
16 There is authorized to be appropriated to the Federal
17 Bureau of Investigation such sums as are necessary-
18 (1) to hire additional personnel, and to procure
19 equipment, to support expanded investigations of do-
20 mestic and international terrorism activities;
21 (2) to establish a Domestic Counterterrorisnl
22 Center to coordinate and centralize Federal, State,
23 and local la\v enforcement efforts in response to
24 nlajor terrorist incidents, and as a clearinghouse for
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1 all dOll1estic and international terrOriS111 illfol'lnatioll
2 and intellig'ence; and
3 (3) to cover costs associated ,vith proyiding la\\"
4 enforcernent coverage of public eyents offering' the
5 potential of being targeted by dOlnestic or inter-
6 national terrorists.
7 SEC. 702. CIVIL MONETARY PENALTY SURCHARGE AND
8 TELECOM:MUNICATIONS CARRIER COMPLI·
9 ANCE PAYMENTS.
10 The Communications Assistance for La\v Enforce-
11 ment Act is amended by adding at the end the follo\ving:
12 ''TITLE IV-CIVIL MONETARY 13 PENALTY SURCHARGE AND 14 TELECOMMUNICATIONS CAR-15 RIER COMPLIANCE PAY-16 MENTS 17 "SEC. 401. CIVIL MONETARY PENALTY SURCHARGE.
18 "(a) IMPOSITION.-Notwithstanding any other provi-
19 sion of law, and subject to section 402(c), 40 percent of
20 the principal amount of a civil monetary penalty assessed
21 by the United States or an agency thereof shall be added
22 to the fund established in section 402.
23 "(b) EFFECTIVE DATES.-(l) Subsection (a) shall
24 apply with respect to all civil monetary penalties assessed
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1 on or after October 1, 1995, or the date of enactment of
2 this title, ,,"hichever is later.
3 "(2) The application of subsection (a) shall terlninate
4 on October 1, 1998.
5 "(d) LI:\nTATIo~.-This section does not apply to
6 any civil monetary penalty assessed under the Internal
7 Revenue Code of 1986.
8 "SEC. 402. DEPARTMENT OF JUSTICE TELECOMMUNI·
9 CATIONS CARRIER COMPLIANCE FUND.
10 "(a) ESTABLISIL\IEXT OF FUND.-There is hereby
11 established in the United States Treasury a fund to be
12 kno\,ry} as the Department of Justice Telecommunications
13 Carrier Compliance Fund (hereinafter in this section re-
14 ferred to as the 'Fund'), which shall be available to the
15 Attorney General to the extent and in the amounts author-
16 ized by subsection (c) to make payments to telecommuni-
17 cations carriers, as authorized by section 109 of the Com-
18 munications Assistance for La\v Enforcement Act.
19 "(b) OFFSETTING COLLECTIONS.-Not,vithstanding
20 section 3302 of title 31, United States Code, the Attorney
21 General may credit amounts added pursuant to section
22 401 of this title to the Fund as offsetting collections.
23 "(c) REQUIREalENTS FOR APPROPRIATIO~S OFF-
24 SET.-(l) Amounts may be added pursuant to section 401
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only to the e:-..tent and in the amounts prO\idecl for ill ad-
2 vance in appropriations Acts .
3 " (2)(A) Co llections credi ted to the Fund are Huthor-
4 ized to be appropriated in such amounts as may lJe nee-
5 essary, but not to exceed $100,000,000 in fiscal year
6 1996, $305,000,000 in fiscal year 1997, and $80,000,000
7 in fiscal year 1998.
8 "(B) Amounts described in subparagTaph (A) are au-
9 thorized to be appropriated "ithout fiscal year limitat ion.
10 "(d) TER:I[J:\ATIO:\.-(l ) The Attorney General may
11 terminate the Fund at such time as the Attorney General
12 determines that the Fund is no longer necessary, but no
13 later t han the end of fiscal year 2000 .
14 " (2) Any balance in the Fund at the time of its termi-
15 nation shall be deposited in the general fund of the Treas-
16 ury.
17 "(3) A decision of the Attorney General to terminate
18 the Fund shall not be subject to judicial review.
19 "SEC. 403. DEFINITIONS.
20 " For purposes of this title, the terms 'agency' and
21 'civil monetary penalty' have the mean ings given to them
22 by section 3 of the F ederal Civil Penalties Inflation
23 Adjustment Act of 1990 (28 U.S.C . 2461 note)."
o
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