h r 1635 1st session cooper/northridge... · 104th congress h r 1635 1st session • • to combat...

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-

11K 18311H

3

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.".

IIR 1831 IH

4

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

IIR 1835 IH

5

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

HR 183S IH

6

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-


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

11K 1635 m

7

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

DR 1835 IH

8

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-

11K 1831 m

9

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-

HR 1635 IH--2

10

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

IIR 1631 m

11

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!'.

HR 1636 m

12

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.

11K 163S IH

, :I

I.

t

(0

13

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

11K 1631 m

14

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

BR 1831 m

15

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

16

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.".

IIR 1835 m

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);

HR 1635 IH-3

18

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-


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

IIR 1635 m

19

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

11K 1836 m

20

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".

BR 1831 m

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:

HR 1635 IH

22

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-

HR 1835 IB

23

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

24

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:

HR 1831 IH

25

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

26

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:

11K 1635 IH

27

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

HR 1631 IH

28

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


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

11K 1835 m

29

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.


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".

fIR 1685 IH

30

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.


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-".

11K 1835 IH

31

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

32

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

11K 18S11H

33

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

lIB. 1636 m

i

•

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 .

• HR 1710 m

..

..

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

.HR 1710 m

4

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-

-HR 1710 IH

16

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-


23 employee, or agent of the United States, (2) an of-


25 offender is afterwards found in the United States.".

-HR 1710 IH

15

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


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-

.RR 1710 m

14

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-

.HR 1710 m

13

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.".

-HR 1'110 m

12

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,

-HR 1710 DI

11

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."

-HR 1710 m

10

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

.HR 1710 m

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

-RR 1710 IH

8

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

.RR 1'710 m .~ .....

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-

-DR 1710 m

6

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

-HR 1710 m

5

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

.HR 1710 IH

•

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-


12 enlployee, or agent of the United States, (2) an of-


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,


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:

-RR 1710 m

19

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-

.HR 1710 m

1

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-

-HR 1710 IH

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),";


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


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," .

• RR 1710 IH

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.


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

-RR 1710 IH

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.


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".

-HR 1710 m

26

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.


22 amended-

23 (1) by inserting "or having reasonable cause to

24 believe" after "kno\ving"; and

.RR 1710 m

27

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.


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-

-RR 1710 m

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" .

• HR 1710 DI

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

.RR 1710 DI

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.

.HR 1710 m

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-


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);


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


.RR 1710 m

43


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.-


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,


9 (1) in paragraph (l)(A), by inserting "local and

10 long distance" before "toll billing records"


12 (1);


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.


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.


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." .

• HR 1710 m

54

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;

.HR 1710 IH

1

2

3

4

5

6

7

8

9

10

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.


25 anlended by adding at the end the follo\ving:

-DR 1710 m

56

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

.HR 1710 IH

;)7

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,".

-HR 1710 m

58

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.


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;

.HR 1710 m

;39

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.


23 cunended-

24 (1) by inserting' "subsection (nl) or (n) of sec-

25 tion 842 or" before "subsection (d)"; and

.HR 1710 m

1

2

3

4

5

6

7

8

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',

.RR 1710 IH

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 .

• HR 1710 IH

62

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.

-HR 1710 IH

6;~

'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 .

• HR 1710 DI

6~

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

-HR 1710 m

65

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-

HR 1710 IH-5

66

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

.RR 1710 m

67

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-

.RR 1710 m

68

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

.BB. 1710 m

69

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

-IIR 1710 m

70

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-

.RR 1710 m

71

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-

.RR 1710 IH

72

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

-HR 1710 m

73

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-

-1m 1710 m

74

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

.RR 1710 m

Ie

n

1

2

3

4

5

6

75

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-

.HR 1710 m

1

2

3

4

5

6

76

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)-

-HR 1710 m

77

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-

.HR 1710 m

78

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.

.HR 1710 m

79

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.-

20

21

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 .

• HR 1710 IH

80

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.

eRR 1710 m

81

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

HR 1710 IH-6

82

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

-IIR 1710 IH

•

83

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-

16

17

18

19

20

21

22

23

24

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

.HR 1710 m

84

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-

.HR 1710 IH

85

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-

-BR 1710 m

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

86

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).

.RR 1710 IH

"(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-

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

87

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

-RR 1710 m

88

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

-HR 1710 m

89

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-

-HR 1710 m

90

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),


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-

eRR 1710 IH

91

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-

.RR 1710 m

92

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

-HR 1710 IH

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

.RR 1710 m

93

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.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

-HR 1710 m

94

"(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.

95

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-

.HR 1710 m

96

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

.RR 1710 m

!-17

(~) 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


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,

HR 1710 IH-7

98

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-

.HR 1710 IH

99

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

.HR 1710 m

100

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-

.RR 1710 m

101

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

.HR 1710 IH

102

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-

-HR 1710 m

10:3

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-

.RR 1710 IH

104

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

.HR 1710 IB

105

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

.RR 1710 m

106

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);

.RR 1710 IH

107

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.


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-

.HR 1710 IH

108

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

-HR 1710 IH

.. ,

109

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

-BR 1710 m

110

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

.RR 1710 m

111

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

.lffi 1710 m

h r 1635 1st session cooper/northridge... · 104th congress h r 1635 1st session • • to combat...

Documents